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HomeMy Public PortalAbout2023-05-02 Work Session Minutes Special Work Session of the Mayor and Council May 2, 2023 A regular meeting of the Mayor and Council was held on May 2,2023, 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, Council President Bonagura, Councilmember Cardenas, Councilmember Kelly, Councilmember Lambrix, Councilmember Sheppard, Borough Administrator Hart, Borough Attorney Smith, and Borough Clerk Rulli. Sunshine Law Statement: The Borough Clerk read the Sunshine Law Statement: In compliance with the Open Public Meetings Law, notification of this meeting has been sent to our official newspapers and notice has been posted on the Bulletin Board at Borough Hall. Flat Salute Moment of Silent Appreciation to Our Veterans Appointment • Fire Prevention Inspector—Juan Carlos Barroso Jr. Mr. Hart stated one candidate was exceptional and presented with a very impressive resume. Motion made by Councilmember Kelly to make the above-mentioned appointment, seconded by Council President Bonagura. Roll Call: Ayes: Ansh, Bonagura, Cardenas, Kelly, Lambrix, Sheppard Nays: Abstain: Absent: Motion Approved Time for Public Comment Motion to open the time for public comment was made by Councilmember Lambrix, seconded by Council President Bonagura. On voice vote, all in favor. Tom Bruno, 764 Aspen Way, stated he has concerns with his narrow street where there has been parking on both sides due to football games. He stated this is dangerous for drivers, pedestrians and emergency vehicles. He suggested parking on one side only, and a crosswalk to get across Special/Work Session Meeting of the Mayor and Council Page 2 May 2, 2023 Minutes Pulis. Mr. Bruno provided photos for the Mayor and Council to review. Mayor Kahwaty asked Eileen Boland and the Police to look into this. Laurie Burnette, 746 Lawlins Road, asked for clarification on an ordinance with regards to the pump station, lift station, height restrictions and parking. Councilmember Sheppard and Councilmember Lambrix provided explanations. Ari Donio, 501 Kings Point Trail, questioned the broadness of the new zoning ordinance. Mr. Hart stated it is a mixed use district and therefore covers a large variety of issues. Mr. Smith stated the commercial use alone has over 100 uses. Discussion ensued over usage details and the developer's guidelines, timelines for building, Planning Board meetings, and future hearings. Linda Schmidt, 244 Edgewood Road, asked why people in town have not been notified of a 5G tower coming to town and spoke about radiation and its harmful effects. She stated she will send additional information to Mr. Hart for the Mayor and Council to review. Mr. Hart stated there is no tower being planned and an ordinance is in place to regulate use. Mayor Kahwaty stated he is aware of the report she submitted, stated the FCC has approved the regulations and have done extensive studies, and the Borough's 5G expert is here and can address some of her concerns. Discussion ensued on the ordinance currently in place and regulation by the FCC. Motion to close the time for public comment was made by Councilmember Kelly, seconded by Councilmember Ansh. On voice vote, all in favor. Presentation • Peter Lupo, Hoplite Communications —5G Health Impacts Peter Lupo, Hoplite Communications, outlined Ms. Schmidt's concerns and responded to each. He concluded the concerns are not founded. He provided detailed technical information and responded to questions from the Mayor and Council. Mayor Kahwaty thanked Mr. Lupo for his comprehensive report. Mr. Hart to send a copy to Ms. Schmidt. Engineers Report Eileen Boland reported the Olentangy drainage improvements require two easements that need to be secured before awarding the project and once that is completed, it can go out to bid. She stated despite the intention of doing as much paving as possible, it won't be as much as due to the grant being only $158,000, which is less than previously received. The 2023 Road Improvement Program is almost ready to go to bid. Special/Work Session Meeting of the Mayor and Council Page 3 May 2, 2023 Minutes Mr. Hart discussed the current scrutiny on bond releases for the Toll Brothers development; stated the Borough received a $25,000 storm grant and plans to use it for GIS mapping; and noted the dam projects at the Nature Preserve and Parsons Pond Park are still outstanding. Ms. Boland stated the dam projects require hydraulic studies. Discussion ensued regarding water run-off from The Reserve onto properties on Delaware. Ms. Boland stated that the issue is a homeowner on Sunset who put in new pool and the water now drains toward Delaware Lane affecting three additional homeowners. The homeowner with the pool, was asked to redirect it via the use of the swales and berms. She will follow up on the status. Consent Agenda Resolution 140-23 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 141-23 Accept Report of Finance Committee Resolution 142-23 Approve Franklin Manor Solid Waste Collection Reimbursement Agreement Resolution 143-23 Chapter 159—Monsanto PCB Settlement Fund Resolution 144-23 Chapter 159—Stormwater Assistance Grant Resolution 145-23 Chapter 159 2023 Private Donation — Franklin Lakes Lions Club Foundation Resolution 146-23 Chapter 159 2023 Private Donations — Various Contributors to Police Department Resolution 147-23 Permitting 21 Gun Salute Resolution 148-23 Professional Service Agreement—5G Consulting Services Resolution 149-23 Professional Service Agreement—Affordable Housing Attorney for COAH Litigation Resolution read and introduced by Council President Bonagura, seconded by Councilmember Lambrix. Roll Call: Ayes: Ansh,Bonagura, Cardenas(except Professional Services Agreement—Affordable Housing Attorney for COAH Litigation), Kelly, Lambrix, Sheppard Nays: Cardenas (Professional Services Agreement — Affordable Housing Attorney for COAH Litigation) Abstain: Absent: Motion Approved Discussion held on COAH Litigation. Special/Work Session Meeting of the Mayor and Council Page 4 May 2, 2023 Minutes Mayors Report Mayor Kahwaty reported he attended a ribbon cutting at the PNC Bank along with John Morley of the Chamber of Commerce. Mayor Kahwaty stated he has established office hours —the first and third Thursdays of each month from 10 AM to 12 PM, and the second and fourth Thursdays from 6 PM to 8 PM, by appointment only. Committee/Liaison Reports Public Safety Council President Bonagura reported Mr. Hart and Captain McCombs are working on the hiring process for the Police Department and will present it to the Council when it is completed. The Cops N Bobbers Fishing event was very quiet due to the rain. Discussion ensued on the Colonial Road speed limit. Council President Bonagura responded that is something to take up with Captain McCombs and Sergeant Knubel. Mr. Hart explained the process for changing a County road speed limit, noting a traffic study would be required prior to making recommendations. Council President Bonagura asked what was decided with regards to armed police officers in schools. Mayor Kahwaty reported he met with Captain McCombs and Mr. Hart at an annual meeting with the Board of Education to discuss school safety and a tentative meeting is scheduled for June. Council President Bonagura reported that recruitment for Ambulance Corps and Fire Department is still an issue. The Ambulance Corps has had some success with a calendar mailing drive. Discussions were held with an ambulance billing company and there is $250,000 in potential income. Discussions will continue. Planning and Development Councilmember Sheppard stated that the Planning Board meeting had been cancelled and the following Abandoned Properties Ordinance will be discussed tomorrow. Mr. Hart outlined a new state law which preempts and supersedes our ordinance on abandoned properties. There being no objections, a new ordinance will be listed for introduction at the May 161h meeting. Mr. Hart stated that there is DOT grant funding available for sidewalks. The Sidewalk Committee did an analysis and identified two areas that are deteriorating - from Wyandotte to Indian Trail Drive and Market Basket to Pueblo. The cost is $320,000 and the grant is for $300,000. He will have the grant professional look into it further and noted Colonial Road could be considered, but it's not likely as we were previously declined. Councilmember Lambrix asked if a separate discussion could be held about Colonial Road. Mayor and Council were all in agreement. Special/Work Session Meeting of the Mayor and Council Page S May 2, 2023 Minutes Mr. Hart suggested that Colonial Road could be part of the downtown improvement project. He will check with a grant professional and bring it back to the Council. Mr. Hart explained a street name request before the Mayor and Council for the Colonial Road subdivision. He stated normally the procedure is to have a subcommittee to come up with street names, other than on Hunter Way, which was named by Patrick Hunter. Following discussion, it was agreed the request be approved by resolution at the next meeting and going forward a committee would be formed. It was noted the request will have to be cleared through the Tax Assessor. Mayor Kahwaty spoke about the 21 Gun Salute and asked that the nearby residents be notified. No objections. Mr. Hart to send notification. Administration and Finance Mr. Hart reported we must repeal our pay to play ordinance which is now preempted by the State, and it will be on the May 16 meeting. He recommended for ease of administration to allow the QPA to award contracts of up to $44,000 and report monthly to the Mayor and Council as to what is being bid, giving flexibility on timing. Discussion followed on what other towns do and the amount of discretion. There being no objections, a resolution will be on placed on the next agenda. Regarding the Municipal Open Space Tax Referendum, Councilmember Lambrix proposed putting on the ballot a question that 1 cent per 100 dollars would go to open space. It was noted that comments from the public suggest the Borough needs to be more proactive in open space and the residents should make that decision. Following discussion, it was agreed an Ordinance be introduced at the next meeting. Public Works Councilmember Kelly reported that all the pictures are back on the walls at Borough Hall. She met with Ms. Boland and the DPW to discuss roads and it went smoothly. Parks and Recreation Councilmember Ansh reported that Donna Robinson said Parks and Recreation are doing a great job; he discussed the Parsons Pond Park building area and asked Coaches for ideas and suggestions. He reiterated that it has been tough to find coaches; mentioned the new registration process, Community Pass, and outlined registration rates. He stated we have the best Pickleball facility in the county. Environmental & Community Affairs/Library Councilmember Cardenas reported that Shade Tree met on April 25, they are welcoming new tree specialist Evan Dilluvio, and Franklin Lakes was awarded the recognition of being a `Tree City USA'. The Board of Education of Ramapo Indian Hills HS adopted their 2023/24 budget and spoke about ethics complaints against board members and a lawsuit over OPRA requesting legal Special/Work Session Meeting of the Mayor and Council Page 6 May 2, 2023 Minutes fees. She reported the Library Board group leaders are doing a great job while the Board continues to interview for a new director, and outlined several successful programs. The Environmental Commission met and held a composting demo, there are composters for sale, and the next movie showing will be `Trash- why it costs so much' at the Wyckoff Library. Council President Bonagura asked about the tree ordinance. Mr. Hart stated there is a meeting Thursday and the new tree specialist,Evan Dilluvio started this week. Council President Bonagura outlined issues in his neighborhood. It was agreed an ordinance be introduced on May 16. Councilmember Cardenas stated the Board of Health is choosing two youth liaisons to join meetings and inspectors are preparing for the town fair and food trucks. There will be a mental health speaker addressing stress at the schools. Mr. Hart stated he met with the Board of Health and discussed increasing fees to cover costs and he will include the input of the Sanitary Engineer and NWBHC. Borough Administrator's Report Mr. Hart had nothing to add to his previously submitted report. Old Business Councilmember Ansh asked what happens if a budget is not passed. Councilmember Lambrix stated there will be no money and Mr. Smith stated there would be layoffs. Mr. Hart spoke about adopting a temporary budget until a budget is passed. Councilmember Ansh asked Councilmember Kelly why she voted against the budget. She responded she didn't want to raise taxes and felt line items could have been lowered. New Business None Introduction of Ordinances on First Reading Motion to take up consideration of Ordinance 1911 for Introduction, and direct the Borough Clerk to read by title was made by Council President Bonagura, seconded by Councilmember Kelly. On voice vote, all in favor. The Borough Clerk read the Ordinance by title only. BOROUGH OF FRANKLIN LAKES ORDINANCE NO. 1911 AN ORDINANCE AMENDING PROVISIONS OF CHAPTER 300 "LAND USE AND DEVELOPMENT" OF THE CODE OF THE BOROUGH OF FRANKLIN LAKES TO ESTABLISH A MIXED-USE 1 DISTRICT IN THE BOROUGH OF FRANKLIN LAKES Special/Work Session Meeting of the Mayor and Council Page 7 May 2, 2023 Minutes WHEREAS, Ordinance 1911 was introduced at a meeting of the Mayor and Council held on the 2nd day of May, 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 1911 be and the same is hereby introduced on First Reading; and, BE IT FURTHER RESOLVED that said Ordinance 1911 will be further considered for final passage at a meeting of the said Mayor and Council to be held on the 20d' day of June, 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 1911; 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 Sheppard, seconded by Council President Bonagura. Roll Call: Ayes: Ansh, Bonagura, Sheppard, Kahwaty Nays: Cardenas, Kelly, Lambrix Abstain: Absent: Motion Approved Discussion ensued on the municipal budget. Motion to take up consideration of Ordinance 1912 for Introduction, and direct the Borough Clerk to read by title was made by Councilmember Lambrix, seconded by Council President Bonagura. On voice vote, all in favor. The Borough Clerk read the Ordinance by title only. BOROUGH OF FRANKLIN LAKES ORDINANCE NO. 1912 AN ORDINANCE AUTHORIZING THE OBTAINING OF AN EASEMENT BY THE BOROUGH FOR THE INSTALLATION OF DRAINAGE FACILITIES WHEREAS, Ordinance 1912 was introduced at a meeting of the Mayor and Council held on the 2nd day of May, 2023; Special/Work Session Meeting of the Mayor and Council Page 8 May 2, 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 1912 be and the same is hereby introduced on First Reading; and, BE IT FURTHER RESOLVED that said Ordinance 1912 will be further considered for final passage at a meeting of the said Mayor and Council to be held on the 20'h day of June, 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 1912; 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 Sheppard, seconded by Council President Bonagura. Roll Call: Ayes: Ansh, Bonagura, Cardenas, Lambrix, Sheppard Nays: Kelly Abstain: Absent: Motion Approved Councilmember Kelly left the meeting at 9:40 PM. 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, May 2, 2023 which begins at 7:30 PM, in the Council Chambers at the Municipal Building to discuss the following: 0 Contractual—Hovnanian Sewer Request 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 9:49 PM by Council President Bonagura, seconded by Councilmember Ansh. On voice vote, all in favor. Council President Bonagura recused himself from this meeting. The Mayor and Council returned to open session at 10:05 PM. Special/Work Session Meeting of the Mayor and Council Page 9 May 2, 2023 Minutes Adiournment Motion to adjourn the meeting was made at 10:05 PM by Councilmember Lambrix, seconded by Councilmember Cardenas. On voice vote, all in favor. Resolution 141-23 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 $7,525,126.16 as shown on the Claims Bill List; $377.00 as shown on the Soil Account Bill List; and $900.00 as shown on the Developers Escrow List. BE IT FURTHER RESOLVED, that the payroll of April 27, 2023 in the amount of$308,234.02 be hereby ratified and approved. Resolution 142-23 Approve Franklin Manor Solid Waste Collection 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 providing solid waste collection services for the 2022 and 2023 calendar years. Resolution 143-23 Chapter 159 —Monsanto PCB Settlement Fund WHEREAS, N.J.S. 40AA-87 provides that the Director of the Division of Local Government Services may approve the insertion of any special item of revenue in the budget of any county or municipality when such item shall have been made available by law and the amount thereof was not determined at the time of the adoption of the budget; and WHEREAS, the Director may also approve the insertion of an item of appropriation for an equal amount; and WHEREAS, the Borough of Franklin Lakes has received $17,414.03 from Monsanto PCB Settlement Fund and wishes to amend its 2023 Budget to include said amount as a revenue; NOW THEREFORE, BE IT RESOLVED by the Mayor and Borough Council of the Borough of Franklin Lakes, that permission be requested by the Director of the Division of Local Government Services to approve the insertion of an item of revenue in the 2023 Budget in the sum of$17,414.03 which will be available as a revenue from: Miscellaneous Revenues: Public and Private Programs Offset by Appropriations: Monsanto PCB Settlement Fund $17,414.03 Special/Work Session Meeting of the Mayor and Council Page 10 May 2, 2023 Minutes BE IT FURTHER RESOLVED that a sum of$17,414.03 and the same is hereby appropriated under the caption of: General Appropriations: (a) Operations Excluded from "CAPS": Public and Private Programs Offset by Revenues: Monsanto PCB Settlement Fund $17,414.03 BE IT FURTHER RESOLVED that the Chief Financial Officer will file this resolution and accompanying documents electronically with the Director of Local Government Services. Resolution 144-23 Chapter 159 —Stormwater Assistance Grant WHEREAS, N.J.S. 40AA-87 provides that the Director of the Division of Local Government Services may approve the insertion of any special item of revenue in the budget of any county or municipality when such item shall have been made available by law and the amount thereof was not determined at the time of the adoption of the budget; and WHEREAS, the Director may also approve the insertion of an item of appropriation for an equal amount; and WHEREAS, the Borough of Franklin Lakes has received a $25,000.00 NJ DEP Stormwater Assistance Grant and wishes to amend its 2023 Budget to include said amount as a revenue; NOW THEREFORE, BE IT RESOLVED by the Mayor and Borough Council of the Borough of Franklin Lakes, that permission be requested by the Director of the Division of Local Government Services to approve the insertion of an item of revenue in the 2023 Budget in the sum of$25,000.00 which will be available as a revenue from: Miscellaneous Revenues: Public and Private Programs Offset by Appropriations: NJ DEP Stormwater Assistance Grant $25,000.00 BE IT FURTHER RESOLVED that a sum of$25,000.00 and the same is hereby appropriated under the caption of: General Appropriations: (a) Operations Excluded from "CAPS": Public and Private Programs Offset by Revenues: NJ DEP Stormwater Assistance Grant $25,000.00 BE IT FURTHER RESOLVED that the Chief Financial Officer will file this resolution and accompanying documents electronically with the Director of Local Government Services. Resolution 145-23 Chapter 159 2023 Private Donation - Franklin Lakes Lions Club Foundation Special/Work Session Meeting of the Mayor and Council Page 11 May 2, 2023 Minutes WHEREAS, N.J.S. 40AA-87 provides that the Director of the Division of Local Government Services may approve the insertion of any special item of revenue in the budget of any county or municipality when such item shall have been made available by law and the amount thereof was not determined at the time of the adoption of the budget; and WHEREAS, the Director may also approve the insertion of an item of appropriation for an equal amount; and WHEREAS, the Borough of Franklin Lakes has received a $250.00, 2023 Private Donation — Franklin Lakes Lions Club Foundation and wishes to amend its 2023 Budget to include said amount as a revenue; NOW THEREFORE, BE IT RESOLVED by the Mayor and Borough Council of the Borough of Franklin Lakes, that permission be requested by the Director of the Division of Local Government Services to approve the insertion of an item of revenue in the 2023 Budget in the sum of$250.00 which will be available as a revenue from: Miscellaneous Revenues: Public and Private Programs Offset by Appropriations: 2023 Private Donation—Franklin Lakes Lions Club Foundation $250.00 BE IT FURTHER RESOLVED that a sum of$250.00 and the same is hereby appropriated under the caption of: General Appropriations: (a) Operations Excluded from "CAPS": Public and Private Programs Offset by Revenues: 2023 Private Donation—Franklin Lakes Lions Club Foundation $250.00 —FL OEM BE IT FURTHER RESOLVED that the Chief Financial Officer will file this resolution and accompanying documents electronically with the Director of Local Government Services. Resolution 146-23 Chapter 159 2023 Private Donations —Various Contributors to Police Department WHEREAS, N.J.S. 40AA-87 provides that the Director of the Division of Local Government Services may approve the insertion of any special item of revenue in the budget of any county or municipality when such item shall have been made available by law and the amount thereof was not determined at the time of the adoption of the budget; and WHEREAS, the Director may also approve the insertion of an item of appropriation for an equal amount; and WHEREAS, the Borough of Franklin Lakes has received $1,550.00, Private Donations and wishes to amend its 2023 Budget to include said amount as a revenue; Special/Work Session Meeting of the Mayor and Council Page 12 May 2, 2023 Minutes NOW THEREFORE, BE IT RESOLVED by the Mayor and Borough Council of the Borough of Franklin Lakes, that permission be requested by the Director of the Division of Local Government Services to approve the insertion of an item of revenue in the 2023 Budget in the sum of$1,550.00 which will be available as a revenue from: Miscellaneous Revenues: Public and Private Programs Offset by Appropriations: Private Donations from Various Contributors — (see list attached) for Franklin Lakes Police Dept. $1,550.00 BE IT FURTHER RESOLVED that a sum of $1,550.00 and the same is hereby appropriated under the caption of: General Appropriations: (a) Operations Excluded from "CAPS": Public and Private Programs Offset by Revenues: Private Donations from Various Contributors — (see list attached) for Franklin Lakes Police Dept. $1,550.00 BE IT FURTHER RESOLVED that the Chief Financial Officer will file this resolution and accompanying documents electronically with the Director of Local Government Services. Resolution 147-23 Permitting 21 Gun Salute WHEREAS, veteran Mark Lane has requested permission from the Mayor and Council for a "21 Gun Salute"to be held on Memorial Day, May 29, 2023, at the home of recently-deceased Colonel Peter Gitto, 538 Old Ewing Avenue; and, WHEREAS, Police Captain Mark McCombs has reviewed the request and has no objection to approving it; NOW THEREFORE, BE IT RESOLVED that the Mayor and Council of the Borough of Franklin Lakes, County of Bergen and State of New Jersey hereby grant permission for a"21 Gun Salute" on Memorial Day to be held at the home of Colonel Peter Gitto; and, BE IT FINALLY RESOLVED that a copy of this resolution be forwarded to Mark Lane, Community Director Dina Robinson and Captain Mark McCombs. Resolution 148-23 Professional Service Agreement—5G Consulting Services WHEREAS,the Borough of Franklin Lakes has a need for the provision of 5G Consulting Services as a non-fair and open contract pursuant to the provisions of N.J.S.A. 19:44A-20.5; and, WHEREAS, the anticipated term of this contract is from June 1, 2023 to May 31, 2024; and, WHEREAS, Hoplite Communications, 197 Route 18, Suite 3000, East Brunswick, New Jersey 08816, has agreed to provide services as the Borough's 5G Consulting Services in accordance with Special/Work Session Meeting of the Mayor and Council Page 13 May 2, 2023 Minutes a proposal dated April 28, 2023, with fees to be paid by applicants and, therefore, at no cost to the Borough, as described in said proposal; and, WHEREAS, Hoplite Communications has completed and submitted a Business Entity Disclosure Certification which certifies that Hoplite Communications has not made any reportable contributions to a political or candidate committee in the Borough of Franklin Lakes in the previous one year, and that the contract will prohibit Hoplite Communications from making any reportable contributions through the term of the contract; and, WHEREAS, the Chief Financial Officer has certified the availability of funds for this award according to N.J.A.C. 5:30-5.4; NOW THEREFORE, BE IT RESOLVED that the Mayor and Council of the Borough of Franklin Lakes, County of Bergen and State of New Jersey hereby authorizes Mayor Charles J. X. Kahwaty to enter into a contract with Hoplite Communications as described herein; and, BE IT FURTHER RESOLVED that the Business Disclosure Entity Certification and the Determination of Value be placed on file with this resolution; and, BE IT FINALLY RESOLVED that a copy of this resolution shall be published as required by law within ten days of its passage. Resolution 149-23 Authorize Professional Service Agreement—Affordable Housing Attorney for COAH Litigation WHEREAS, the Borough of Franklin Lakes has a need for the provision of legal services pertaining to litigation seeking the re-establishment of the New Jersey Council On Affordable Housing as a non-fair and open contract pursuant to the provisions of N.J.S.A. 19:44A-20.5; and, WHEREAS, the anticipated term of this contract is from May 2, 2023 to May 1, 2024; and, WHEREAS, Surenian, Edward Buzak & Nolan, LLC, 311 Broadway, Suite A, Point Pleasant Beach, NJ 08742, has agreed to provide such legal services for the billing rates referenced in its retainer agreement with the Borough for affordable housing services; and, WHEREAS, by email dated April 24, 2023, Jeffrey Surenian, Esq., indicated that he estimated that the legal fees, when divided amongst the parties, would not exceed $7,000; and, WHEREAS, Surenian, Edwards Buzak & Nolan, LLC has completed and submitted a Business Entity Disclosure Certification which certifies that Surenian, Edwards&Nolan, LLC has not made any reportable contributions to apolitical or candidate committee in the Borough of Franklin Lakes in the previous one year, and that the contract will prohibit Surenian, Edwards &Nolan, LLC from making any reportable contributions through the term of the contract; NOW THEREFORE, BE IT RESOLVED that the Mayor and Council of the Borough of Franklin Lakes, County of Bergen and State of New Jersey hereby authorizes Special/Work Session Meeting of the Mayor and Council Page 14 May 2, 2023 Minutes Mayor Charles J. X. Kahwaty to enter into a contract with Surenian, Edwards, Buzak & Nolan, LLC, as described herein; and, BE IT FURTHER RESOLVED that the Chief Financial Officer has certified the availability of funds for this purchase: Account Name: Litigation Line Item No.: 3-01-20-155-027 BE IT FURTHER RESOLVED that the Business Disclosure Entity Certification and the Determination of Value be placed on file with this resolution; and, BE IT FURTHER RESOLVED that a copy of this resolution shall be published as required by law within ten days of its passage; and, BE IT FINALLY RESOLVED that a copy of this resolution be forwarded to Surenian, Edwards, Buzak &Nolan, LLC. Respectfully submitted, 1 M. Rulli, Borough Clerk