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HomeMy Public PortalAbout2023-05-16 Regular Meeting Minutes Regular Meeting of the Mayor and Council May 16, 2023 A regular meeting of the Mayor and Council was held on May 16, 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 Lambrix, and Councilmember Sheppard. Also present were Borough Administrator Hart, Borough Attorney Smith and Borough Clerk Rulli. Councilmember Kelly was absent. 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 Proclamation Mayor Kahwaty read the proclamation: National Public Works Week WHEREAS, public works professionals focus on infrastructure, facilities and services that are of vital importance to sustainable and resilient communities and to the public health, high quality of life and well-being of the people of the Borough of Franklin Lakes; and, WHEREAS, these infrastructure, facilities and services could not be provided without the dedicated efforts of public works professionals, who are responsible for rebuilding, improving, and protecting our nation's transportation, water supply, water treatment and solid waste systems, public buildings, and other structures and facilities essential for our citizens; and, WHEREAS, it is in the public interest for the citizens, civic leaders and children in Franklin Lakes to gain knowledge of and to maintain an ongoing interest and understanding of the importance of public works and public works programs in their community; and, WHEREAS, the year 2023 marks the 63rd annual National Public Works Week sponsored by the American Public Works Association; NOW THEREFORE, I, CHARLES J.X. KAHWATY, do hereby designate the week May 21- 27, 2023 as National Public Works Week and urge all citizens to pay tribute to our public works professionals, and to recognize the substantial contributions they make to protecting our national health, safety, and quality of life. Regular Meeting of the Mayor and Council Page 2 May 16, 2023 Minutes IN WITNESS HEREOF, I have hereunto set my Hand and caused the Seal of the Borough of Franklin Lakes to be affixed this 161h day of May, 2023. Appointments At this time Borough Administrator Hart requested consideration of two appointments for seasonal DPW workers Paul Mondi of Ridgewood and Christopher Morasse of Franklin Lakes as recommended by the DPW Superintendent. Motion by Councilmember Sheppard, seconded by Council President Bonagura to make the above mentioned appointments. Roll Call Vote: Ayes: Ansh, Bonagura, Cardenas, Lambrix, Sheppard Nays: Abstain: Absent: Kelly Motion Approved Public Hearing • Bergen County Trust Fund Municipal Program for Park Development Grant Mayor Kahwaty: May I have a motion to open the hearing to the public? Motion by Councilmember Lambrix, seconded by Council President Bonagura. On voice vote, all in favor. Mr. Hart: As way of introduction, this is a required public hearing on grant application under the Bergen County Municipal Park Improvements Program. We are applying for bleachers, batting cages and dug out covers. The total grant application is for $111,150 and it is a matching grant. The total project is projected at $223,300. Mayor Kahwaty: I believe we discussed this at the last meeting and there was a general consensus. Does anyone from the Council wish to comment? Mr. Hart: You have public comment. Councilmember Sheppard: You need a motion to open for public comment. Mayor Kahwaty: We already have a motion to open. Does anyone in the public wish to comment? No one came forward. Mayor Kahwaty: May I have a motion to close the hearing to the public? Regular Meeting of the Mayor and Council Page 3 May 16, 2023 Minutes Motion by Councilmember Lambrix, seconded by Councilmember Ansh. On voice vote, all in favor. Mayor Kahwaty: I believe that is on the consent resolution? Mr. Hart: Yes, there is a resolution authorizing the application. Mayor Kahwaty: Okay Ordinances for Final Reading and Adoption Motion made by Council President Bonagura to take up Ordinance 1907 for consideration of adoption on second and final reading, and direct the Borough Clerk to read by title, seconded by Councilmember Sheppard. On voice vote, all in favor. The Borough Clerk read the Ordinance by title only. ORDINANCE NO. 1907 AN ORDINANCE REPEALING CHAPTER 137 "SMALL UNMANNED AIRCRAFT" OF THE CODE OF THE BOROUGH OF FRANKLIN LAKES Council President Bonagura read the Ordinance summary: This ordinance repeals the Borough ordinance regulating drones as it is preempted by Federal regulations. Motion to open the hearing to the public was made by Councilmember Sheppard, seconded by Councilmember Lambrix. 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 Sheppard, seconded by Councilmember Lambrix. On voice vote, all in favor. WHEREAS, Ordinance 1907 was introduced at a meeting of the Mayor and Council held on the 18'h day of April, 2023 and duly published by law; 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. 1907 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. Resolution read and introduced by Council President Bonagura, seconded by Councilmember Sheppard. Discussion—none. Regular Meeting of the Mayor and Council Page 4 May 16, 2023 Minutes Roll Call Vote: Ayes: Ansh, Bonagura, Cardenas, Lambrix, Sheppard Nays: Abstain: Absent: Kelly Motion Approved Motion made by Council President Bonagura to take up Ordinance 1908 for consideration of adoption on second and final reading, and direct the Borough Clerk to read by title, seconded by Councilmember Ansh. On voice vote, all in favor. The Borough Clerk read the Ordinance by title only. ORDINANCE NO. 1908 AN ORDINANCE SUPPLEMENTING CHAPTER 259 "FIRE PREVENTION" OF THE CODE OF THE BOROUGH OF FRANKLIN LAKES TO REGULATE OUTDOOR FIRES Council President Bonagura read the Ordinance summary: This ordinance provides regulations for outdoor fires and establishes penalties for violating the provisions of the ordinance. Motion to open the hearing to the public was made by Council President Bonagura, seconded by Councilmember Lambrix. 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 Lambrix, seconded by Council President Bonagura. On voice vote, all in favor. WHEREAS, Ordinance 1908 was introduced at a meeting of the Mayor and Council held on the 18'h day of April, 2023 and duly published by law; 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. 1908 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. Resolution read and introduced by Council President Bonagura, seconded by Councilmember Sheppard. Discussion—Mr. Hart stated there was a change. Councilwoman Cardenas picked up on an inconsistency in the definition in two places in the ordinance. The measurement is 4' diameter 4' depth on the inside. Mayor Kahwaty stated this was a good catch. Roll Call Vote: Ayes: Ansh, Bonagura, Cardenas, Lambrix, Sheppard Regular Meeting of the Mayor and Council Page S May 16, 2023 Minutes Nays: Abstain: Absent: Kelly Motion Approved Motion made by Councilmember Sheppard to take up Ordinance 1909 for consideration of adoption on second and final reading, and direct the Borough Clerk to read by title, seconded by Council President Bonagura. On voice vote, all in favor. The Borough Clerk read the Ordinance by title only. ORDINANCE NO. 1909 AN ORDINANCE SUPPLEMENTING CHAPTER 157 "ANIMALS" OF THE CODE OF THE BOROUGH OF FRANKLIN LAKES TO IMPOSE FINES FOR VIOLATIONS OF LICENSING AND OTHER PROVISIONS Councilmember Lambrix read the Ordinance summary: This ordinance establishes progressive penalties for failing to license dogs and cats and for allowing dogs to run at large. Motion to open the hearing to the public was made by Councilmember Lambrix, seconded by Councilmember Sheppard. 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 Lambrix, seconded by Council President Bonagura. On voice vote, all in favor. WHEREAS, Ordinance 1909 was introduced at a meeting of the Mayor and Council held on the 18'h day of April, 2023 and duly published by law; 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. 1909 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. Resolution read and introduced by Councilmember Lambrix, seconded by Council President Bonagura. Discussion—none. Roll Call Vote: Ayes: Ansh, Bonagura, Cardenas, Lambrix, Sheppard Nays: Abstain: Absent: Kelly Motion Approved Regular Meeting of the Mayor and Council Page 6 May 16, 2023 Minutes Motion made by Council President Bonagura to take up Ordinance 1910 for consideration of adoption on second and final reading, and direct the Borough Clerk to read by title, seconded by Councilmember Lambrix. On voice vote, all in favor. The Borough Clerk read the Ordinance by title only. ORDINANCE NO. 1910 AN ORDINANCE AMENDING CHAPTER 470 "VEHICLES AND TRAFFIC" OF THE CODE OF THE BOROUGH OF FRANKLIN LAKES TO INCREASE CHARGING STATION FEES Councilmember Lambrix read the Ordinance summary: This ordinance increases the hourly rate for charging an electric vehicle at the Borough's electric vehicle charging station from $1.00 per hour to $2.00 per hour. Motion to open the hearing to the public was made by Councilmember Sheppard, seconded by Council President Bonagura. 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 Lambrix, seconded by Council President Bonagura. On voice vote, all in favor. WHEREAS, Ordinance 1910 was introduced at a meeting of the Mayor and Council held on the 18'h day of April, 2023 and duly published by law; 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. 1910 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. Resolution read and introduced by Councilmember Lambrix, seconded by Council President Bonagura. Discussion—none. Roll Call Vote: Ayes: Ansh, Bonagura, Cardenas, Lambrix, Sheppard Nays: Abstain: Absent: Kelly Motion Approved Regular Meeting of the Mayor and Council Page 7 May 16, 2023 Minutes Time for Public Comment Motion to open the time for public comment was made by Council President Bonagura, seconded by Councilmember Sheppard. On voice vote, all in favor. Laurie Burnette, 746 Lawlins Road, inquired what the Professional Services Agreement—Fitness for Duty references and about the Old Mill Road Project Municipal Aid. Mr. Smith responded upon hiring or return to duty we make sure the person is fit for Police duty. Mr. Hart explained that we have a grant for Old Mill Road which extends paving from Stonewall to Pulis. Discussion ensued on the timing of the paving, the road being identified as an immediate need by the Engineer, and consideration of removing the resolution from the consent agenda until clarification can be received. It was decided to leave the resolution on consent, to confirm with the Engineer, and rescind the resolution if needed. Donna Robinson, 896 Franklin Avenue, spoke about Ramsey Outdoor store voluntarily cleaning up garbage on the Reservoir, and they also helped out on Paddle Day. She stated they are awesome. Mayor Kahwaty stated Ramsey Outdoor does a great job and are a first class operation. Motion to close the time for public comment was made by Council President Bonagura, seconded by Councilmember Ansh. On voice vote, all in favor. Consent Resolution 150-23 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. Resolution 151-23 Accept Report of Finance Committee Resolution 152-23 Amend Purchasing Manual — Allow QPA to Award Contracts up to Bid Threshold Resolution 153-23 Approve Street Name Request—Jander Court Resolution 154-23 Authorize Advertisement of Bids - Olentangy Road Drainage Resolution 155-23 Authorize Bergen County Open Space Municipal Park Grant Resolution 156-23 Authorize NJDOT Grant Application for Sidewalks Resolution 157-23 Authorize Tax Collector to Issue Estimated Tax Bills Resolution 158-23 Award Contract—Mount Salt Spreader on Existing Chassis Resolution 159-23 Chapter 159 2023 Private Donation—The Woman's Club of Franklin Lakes Resolution 160-23 Online Auction—GovDeals Resolution 161-23 Professional Service Agreement—Fitness for Duty Evaluation Resolution 162-23 Tax Exemption—535 Shirley Avenue Resolution 163-23 NJ DOT Municipal Aid—Old Mill Road Project Resolution 164-23 Approve Franklin Lakes Baseball Booster Club Concession Request Regular Meeting of the Mayor and Council Page 8 May 16, 2023 Minutes Resolution read and introduced by Council President Bonagura, seconded by Councilmember Ansh. Roll Call Vote: Ayes: Ansh, Bonagura, Cardenas, Lambrix, Sheppard Nays: Abstain: Absent: Kelly Motion Approved Action on Minutes Motion to accept the following minutes was made by Councilmember Cardenas, and seconded by Councilmember Ansh: • April 4, 2023 Work Session • April 4, 2023 Closed • April 18, 2023 Regular • April 18, 2023 Closed Roll Call Vote: Ayes: Ansh, Bonagura, Cardenas, Lambrix (April 18), Sheppard (April 18) Nays: Abstain: Lambrix, Sheppard (April 41h only) Absent: Kelly Motion Approved Old Business None New Business Mayor Kahwaty spoke about the Regional Mayors Meeting where they discussed shared services. Mayor Kahwaty discussed collegial comments and stated Councilmembers should feel free to make any comments they want but to do so when everyone is present. Introduction of Ordinances on First Reading At this time Mr. Smith stated the ordinances could be taken up collectively and read by title. Councilmember Lambrix asked that Ordinance 1911R be considered separately. No objections. Motion to take up consideration of Ordinance 1913 for Introduction, and direct the Borough Clerk to read by title was made by Council President, seconded by Councilmember Sheppard. On voice vote, all in favor. The Borough Clerk read the Ordinance by title only. Regular Meeting of the Mayor and Council Page 9 May 16, 2023 Minutes BOROUGH OF FRANKLIN LAKES ORDINANCE NO. 1913 AN ORDINANCE AMENDING CHAPTER 370 "PROPERTY, REHABILITATION OF ABANDONED" OF THE CODE OF THE BOROUGH OF FRANKLIN LAKES TO COMPLY WITH STATE LAW Motion to take up consideration of Ordinance 1914 for Introduction, and direct the Borough Clerk to read by title was made by Councilmember Lambrix, seconded by Councilmember Sheppard. On voice vote, all in favor. The Borough Clerk read the Ordinance by title only. BOROUGH OF FRANKLIN LAKES ORDINANCE NO. 1914 AN ORDINANCE REPEALING ARTICLE V "AWARDING OF PUBLIC SERVICE CONTRACTS" OF CHAPTER 101 "PURCHASING AND PAYROLL" OF THE CODE OF THE BOROUGH OF FRANKLIN LAKES TO COMPLY WITH STATE LAW Motion to take up consideration of Ordinance 1914 for Introduction, and direct the Borough Clerk to read by title was made by Councilmember Lambrix, seconded by Councilmember Sheppard. On voice vote, all in favor. The Borough Clerk read the Ordinance by title only. Motion to take up consideration of Ordinance 1915 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. 1915 AN ORDINANCE AUTHORIZING A REFERENDUM PURSUANT TO N.J.S.A. 40:12-15.7 PLACING ON THE BALLOT AT THE GENERAL ELECTION ON NOVEMBER 7, 2023 A QUESTION RELATED TO THE LEVY UPON THE TAXPAYERS OF A TAX FOR OPEN SPACE ACQUISITION AND MAINTENANCE Motion to take up consideration of Ordinance 1916 for Introduction, and direct the Borough Clerk to read by title was made by Council President Bonagura, seconded by Councilmember Cardenas. On voice vote, all in favor. Regular Meeting of the Mayor and Council Page 10 May 16, 2023 Minutes The Borough Clerk read the Ordinance by title only. BOROUGH OF FRANKLIN LAKES ORDINANCE NO. 1916 AN ORDINANCE AUTHORIZING AND PROVIDING FOR THE PURCHASE AND INSTALLATION OF PLAYGROUND EQUIPMENT AND APPROPRIATING $256,000.00 FOR SAID EQUIPMENT AUTHORIZED TO BE UNDERTAKEN IN,BY AND FOR THE BOROUGH OF FRANKLIN LAKES,IN THE COUNTY OF BERGEN, NEW JERSEY Motion to take up consideration of Ordinance 1917 for Introduction, and direct the Borough Clerk to read by title was made by Councilmember Sheppard, 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. 1917 AN ORDINANCE AUTHORIZING AND PROVIDING FOR CERTAIN CAPITAL PROJECTS AND PURCHASES AND APPROPRIATING $454,000.00 FOR SAID PROJECTS AND PURCHASES AUTHORIZED TO BE UNDERTAKEN IN, BY AND FOR THE BOROUGH OF FRANKLIN LAKES, IN THE COUNTY OF BERGEN, NEW JERSEY Motion to take up consideration of Ordinance 1918 for Introduction, and direct the Borough Clerk to read by title was made by Council President Bonagura, seconded by Councilmember Ansh. On voice vote, all in favor. The Borough Clerk read the Ordinance by title only. BOROUGH OF FRANKLIN LAKES ORDINANCE NO. 1918 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 Motion to take up consideration of Ordinance 1919 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. Regular Meeting of the Mayor and Council Page 11 May 16, 2023 Minutes BOROUGH OF FRANKLIN LAKES ORDINANCE NO. 1919 AN ORDINANCE AMENDING ORDINANCE NO. 1902 ENTITLED "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" TO CORRECT CERTAIN SALARIES/STIPENDS WHEREAS, Ordinances 1913 - 1919 were introduced at a meeting of the Mayor and Council held on the 16'h 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 Ordinances 1913 - 1919 be and the same are hereby introduced on First Reading; and, BE IT FURTHER RESOLVED that said Ordinances 1913 - 1919 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 Ordinances 1913 - 1919; 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 by Mr. Hart, introduced by Council President Bonagura, seconded by Councilmember Lambrix. Discussion—none. Roll Call Vote: Ayes: Ansh, Bonagura, Cardenas, Lambrix, Sheppard Nays: Abstain: Absent: Kelly Motion Approved Motion to take up consideration of Ordinance 1911R for Introduction, and direct the Borough Clerk to read by title was made by Council President Bonagura, seconded by Councilmember Sheppard. On voice vote, all in favor. The Borough Clerk read the Ordinance by title only. Regular Meeting of the Mayor and Council Page 12 May 16, 2023 Minutes BOROUGH OF FRANKLIN LAKES ORDINANCE NO. 1911R 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 WHEREAS, Ordinance 1911R was introduced at a meeting of the Mayor and Council held on the 16'h 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 1911R be and the same is hereby introduced on First Reading; and, BE IT FURTHER RESOLVED that said Ordinance 1911R 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 1911 R; 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 Council President Bonagura, seconded by Councilmember Ansh. Discussion—none. Roll Call Vote: Ayes: Ansh, Bonagura, Sheppard Nays: Cardenas, Lambrix Abstain: Absent: Kelly Motion Approved Adiournment Motion to adjourn the meeting was made at 8:04 PM by Councilmember Lambrix, seconded by Councilmember Sheppard. On voice vote, all in favor. Resolution 151-23 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 $555,036.62 as shown on the Claims Bill List; $1,234.50 as shown on the Soil Account Bill List; and $869.00 as shown on the Developers Escrow List. Regular Meeting of the Mayor and Council Page 13 May 16, 2023 Minutes BE IT FURTHER RESOLVED, that the payroll of May 11, 2023 in the amount of$309,594.29 be hereby ratified and approved. Resolution 152-23 Amend Purchasing Manual—Allow QPA to Award Contracts up to the Bid Threshold WHEREAS, the Borough's Purchasing Agent, Gregory C. Hart, has been designated a Qualified Purchasing Agent in accordance with NJ.S.A. 40A:11-9(b); and, WHEREAS, P.L. 2023, c. 30, amending N.J.S.A. 19:44A-20.5, provides as follows: "Notwithstanding the provisions of any other law, rule, or regulation to the contrary, a contract having an anticipated value in excess of$17,500 but below the applicable public bidding threshold shall not be required to be awarded by the governing body of a municipality, or any agency or instrumentality thereof, and may be awarded by the qualified purchasing agent of the contracting unit." 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 paragraph 3 of the Purchasing Manual of the Borough of Franklin Lakes is hereby amended to read as follows: 1) Purchasing Thresholds; Process a) Purchasing thresholds. Because the Borough has a Qualified Purchasing Agent, the applicable purchasing thresholds are as follows: i. Bid Threshold: $44,000 ii. Quote Threshold: $6,600 (I S% ofBid Threshold) b) Process. Process varies depending on the amount of the contract. The amount of the contract includes the total amount over duration of contract—not just for the year. Except as provided for State and County contracts, the process for the purchase of goods and services is as follows: i. Over $44,000 (bid threshold) — Formal bids are required. Advertisement for bids, bid specifications, formal bid opening, contract award by Mayor and Council. ii. Over $6,600 (quote threshold) but less than $44,000 (bid threshold) a. Three proposals must be solicited, the solicitation of quotation form (annexed hereto as Exhibit A) must be completed, contract award recommendation must be prepared in writing by department head. b. Contract mus may be awarded by the Qualified Purchasing Agent or by resolution of the Mayor and Council. For contracts awarded by the Qualified Purchasing Agent, the Qualified Purchasing Agent shall, each month,prepare a memo listing the contracts so awarded. Regular Meeting of the Mayor and Council Page 14 May 16, 2023 Minutes c. The Borough may still go out to bid for purchases under the bid threshold. iii. Under $6,600 (quote threshold) a. Can purchase following prior authorization through the requisition process. b. Additional proposals should be solicited as appropriate to assure that cost is reasonable. c) Purchase request form. The purchasing agent may require the use of the purchase request form (annexed hereto as Exhibit B) for certain categories of routine, recurring items such as hardware supplies, auto parts, office supplies, and other small dollar volume purchases. Resolution 153-23 Approve Street Name—Jander Court WHEREAS,James and Debra Herbst,by letter dated April 28, 2023 from Weissman Engineering Co., P.C., have requested that the street for the recently approved four lot subdivision located off of Colonial Road, be named "Jander Court"; and, WHEREAS,the Tax Assessor has reviewed and approved this request; 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 request of James and Debra Herbst is hereby approved and the street for the four lot subdivision located off of Colonial Road, to be shown as Block 1203, Lot 4.01 through 4.04, on the Tax Map of the Borough of Franklin Lakes, is hereby named "Jander Court"; and, BE IT FINALLY RESOLVED that a copy of this resolution be forwarded to James and Debra Herbst, the Tax Assessor and the Tax Collector. Resolution 154-23 Authorize Advertisement for Bids —Olentangy Road Drainage 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 Olentangy Road Drainage Project. Resolution 155-23 Bergen County Trust Fund Application_Park Improvements — Bleachers, Batting Cage& Dugout Covers WEREAS, the Bergen County Open Space, Recreation, Floodplain Protection, Farmland & Historic Preservation Trust Fund ("County Trust Fund"), provides matching grants to municipal governments and to nonprofit organizations for assistance in the development or redevelopment of outdoor municipal recreation facilities; and, WHEREAS, the Borough of Franklin Lakes desires to further the public interest by obtaining a matching grant of $111,150 from the County Trust Fund to fund the following project: Park Improvements —Bleachers, Batting Cage & Dugout Covers; and, Regular Meeting of the Mayor and Council Page 15 May 16, 2023 Minutes WHEREAS,the Mayor and Council has reviewed the County Trust Fund Program Statement, and the Trust Fund Municipal Program Park Improvement application and instructions, and desires to make an application for such a matching grant and provide application information and furnish such documents as may be required; and, WHEREAS, as part of the application process, the Mayor and Council held the required Public Hearing to receive public comments on the proposed park improvements in the application on May 16, 2023; and, WHEREAS, the County of Bergen shall determine whether the application is complete and in conformance with the scope and intent of the County Trust Fund; and, WHEREAS, the applicant is willing to use the County Trust Fund in accordance with such rules, regulations and applicable statutes, and is willing to enter into an agreement with the County of Bergen for the above named project and ensure its completion on or about the project contract expiration date; 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 Borough Administrator is hereby authorized to submit the above completed project application to the County by the deadline of May 12, 2023, as established by the County; and, BE IT FURTHER RESOLVED that, in the event of a County Trust Fund award that may be less than the grant amount requested above, the Mayor and Council has, or will secure, the balance of funding necessary to complete the project, or modify the project as necessary; and, BE IT FURTHER RESOLVED that the Mayor and Council is committed to providing a dollar for dollar cash match for the project; and, BE IT FURTHER RESOLVED that only those park improvements identified and approved in the project application, its Trust Fund contract, or other documentation will be considered eligible for reimbursement; and, BE IT FURTHER RESOLVED that the Mayor and Council agrees to comply with all applicable federal, state, and local laws, rules, and regulations in its performance of the project; and, BE IT FINALLY RESOLVED that this resolution shall take effect immediately. Resolution 156-23 Authorize NJDOT Grant Application for Sidewalks WHEREAS, the Borough of Franklin Lakes is requesting funding from the New Jersey Department of Transportation Local Transportation Project Fund (LTPF) Program. NOW,THEREFORE,BE IT RESOLVED that Council of the Franklin Lakes Borough formally approves the grant application for the above stated project. Regular Meeting of the Mayor and Council Page 16 May 16, 2023 Minutes BE IT FURTHER RESOLVED that the Mayor and Clerk are hereby authorized to submit an electronic grant application identified as LTPF-2023-Franklin Lake Road and High Mountain Road School and Pedestrian Safety Improvements-(Phase 2)-00140 to the New Jersey Department of Transportation on behalf of the Franklin Lakes Borough. BE IT FURTHER RESOLVED that the Mayor and Clerk are hereby authorized to sign the grant agreement on behalf of the Franklin Lakes Borough and that their signature constitutes acceptance of the terms and conditions of the grant agreement and approves the execution of the grant agreement. Resolution 157-23 Authorize Tax Collector to Issue Estimated Tax Bills in Accordance with P.L. 1994, c. 72 WHEREAS, pursuant to NJSA 54:4-66.2, which permits the Tax Collector to issue an estimated tax bill for the third installment of taxes in a calendar year when the tax rate has not yet been certified; and WHEREAS, the County Tax Board of Taxation has not certified the tax rate at this time and the Tax Collector will be unable to mail the tax bills on a timely basis; and WHEREAS,the Tax Collector, in consultation with the Chief Financial Officer, has computed an estimate tax levy in accordance with N.J.S.A. 54:4-6.3; and WHEREAS, it is desirous of the Borough of Franklin Lakes to issue estimated tax bills for the third installment of taxes payable to the Borough in 2023 to ensure timely and consistent billings to the taxpayers; and WHEREAS, the Borough estimates a total Tax Levy of $77,865,321, inclusive of the County, Local School, Regional School and Municipal Levies. NOW, THEREFORE, BE IT RESOLVED, by the Governing Body of the Borough of Franklin Lakes as follows: 1. The Tax Collector be and is hereby authorized and directed to prepare and issue estimated tax bills for the third installment bill for 2023 taxes. The Tax Collector shall proceed and take such actions as are permitted and required by New Jersey statutes, specifically N.J.S.A. 54:4-66.2 and 54:4-66.3. 2. The entire estimated tax levy for 2023 is hereby set at $77,865,321 and the estimated tax rate is set at$1.725. 3. In accordance with the law, the third installment of 2023 taxes shall not be subject to interest until the later of August 10 or the 25 h calendar day after the date the estimated tax bills are mailed. Regular Meeting of the Mayor and Council Page 17 May 16, 2023 Minutes BE IT FURTHER RESOLVED that certified copies of the resolution be filed with the New Jersey Division of Local Government Services and with the Bergen County Board of Taxation. Resolution 158-23 Award Contract—Mount Salt Spreader on Existing Chassis WHEREAS, the Borough of Franklin Lakes, pursuant to N.J.S.A. 40A:11-11(5) and N.J.A.C. 5:34-7.1, et seq., may by resolution and without advertising for bids,purchase any good or services under a Cooperative Pricing System, of which the Borough is a member; and, WHEREAS, the Borough of Franklin Lakes is a member of the Education Services Commission of New Jersey Cooperative Pricing System(ESCNJ) and has the need on a timely basis to purchase goods or services using those contracts; and, WHEREAS, the Borough of Franklin Lakes intends to enter into contracts with the following contract vendors through this resolution and properly executed purchase orders as needed, which shall be subject to all the conditions applicable to current ESCNJ and County contracts: • Subject—Mount Salt Spreader on Existing Chassis • ESCNJ Contract No. ESCNJ 20/21-55 • Vendor—Cliffside Body Corporation, 130 Broad Avenue, Fairview, New Jersey 07022 • Contract Amount- $22,178.91, in accordance with proposal dated October 28, 2022 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 a contract for the mounting of a salt spreader on an existing chassis be and is hereby awarded to Cliffside Body Corporation, in accordance with ESCNJ Contract No. ESCNJ 20/21-55, in the amount of$22,178.91; and, WHEREAS,the Chief Financial Officer has certified the availability of funds for this purchase, Account: Road Repairs and Maintenance/Equipment Account Number: 3-01-26-290-054 Certification of Funds: William G. Pike, Chief Financial Officer BE IT FINALLY RESOLVED that a copy of this resolution be forwarded to Cliffside Body Corporation and the Superintendent of Public Works. Regular Meeting of the Mayor and Council Page 18 May 16, 2023 Minutes Resolution 159-23 Chapter 159 2023 Private Donation—The Woman's Club of Franklin Lakes 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 $1,000.00, 2023 Private Donation— The Woman's Club of Franklin Lakes 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$1,000.00 which will be available as a revenue from: Miscellaneous Revenues: Public and Private Programs Offset by Appropriations: 2023 Private Donation—The Woman's Club of Franklin Lakes $1,000.00 BE IT FURTHER RESOLVED that a sum of$1,000.00 and the same is hereby appropriated under the caption of: General Appropriations: (a) Operations Excluded from "CAPS": Public and Private Programs Offset by Revenues: 2023 Private Donation—The Woman's Club of Franklin Lakes $1,000.00 —Franklin Lakes REACH Program 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 160-23 Online Auction—GovDeals WHEREAS pursuant to N.J.S.A. 40A:11-36 and Local Finance Notice 2008-9, the Mayor and Council of the Borough of Franklin Lakes is desirous of selling the vehicles and items listed below by online auction; NOW THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Franklin Lakes, County of Bergen and State of New Jersey, the items listed below are hereby authorized to be sold at an online auction to be held on GovDeals: 0 30 Yard Blue Roll Off Open Container Regular Meeting of the Mayor and Council Page 19 May 16, 2023 Minutes • 30 Yard Green Roll Off Container with Top and 6 Accessible Sliding Doors BE IT FURTHER RESOLVED that the items are no longer needed for public use; and, BE IT FURTHER RESOLVED that the sale will be held on GovDeals, at www.govdeals.com; and, BE IT FURTHER RESOLVED that the sale is being conducted pursuant to Local Finance Notice 2008-9; and, BE IT FINALLY RESOLVED that the terms and conditions of the agreement entered into with the vendor are available on the vendor's website and available in the office of the Borough Clerk. Resolution 161-23 Professional Service Agreement—Fitness for Duty Evaluation WHEREAS, the Borough of Franklin Lakes has a need for the provision of a psychological fitness-for-duty evaluation 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 16, 2023 to December 31, 2023; and, WHEREAS, Jennifer Kelly, Ph.D., ABPP, 501 N. Haddon Avenue, Suite 3, Haddonfield, New Jersey 08033, has agreed to provide fitness-for-duty evaluation services in accordance with a proposal entitled "Disclosure Statement Regarding the Provision of a Psychological Fitness-for- Duty Examination,"with fees to be paid as described in said proposal, including an hourly rate of $275 per hour; and, WHEREAS, Jennifer Kelly, Ph.D., ABPP has completed and submitted a Business Entity Disclosure Certification which certifies that she 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 her 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 purchase, Account: Administration/Professional Services Account Number: 3-01-20-100-028 Certification of Funds: William G. Pike, Chief Financial Officer Regular Meeting of the Mayor and Council Page 20 May 16, 2023 Minutes 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 Jennifer Kelly, Ph.D., ABPP 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 162-23 Tax Exemption—535 Shirley Avenue WHEREAS, Fred Clark Jr.,who resides at 535 Shirley Avenue, Franklin Lakes, New Jersey, also known as Block 1424.01, Lot 12,was granted a 100%permanent disability resulting from service- connected injuries as declared by the United States Veteran's Administration pursuant to N.J.S.A. 54:04-03.30, which grants total exemption from local property taxes; and, WHEREAS, Tax Collector Meena Sivakumar received notification of permanent disability from the Tax Assessor to be retroactive to May 3, 2023; 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 Tax Collector is hereby authorized and directed to refund the pro-rated property taxes paid for the 2Q 2023 taxes in the amount of$1,379.11 to Mr. Fred Clark Jr., and to cancel all future tax bills to this property. Resolution 163-23 Approval to Submit a Grant Application and Execute a Grant Agreement with the New Jersey Department of Transportation for the Old Mill Road (Section 7) Project WHEREAS, the Franklin Lakes Borough is requesting funding from the New Jersey Department of Transportation Municipal Aid Program. NOW,THEREFORE,BE IT RESOLVED that Council of the Franklin Lakes Borough formally approves the grant application for the above stated project. BE IT FURTHER RESOLVED that the Mayor and Clerk are hereby authorized to submit an electronic grant application identified as MA-2024-01d Mill Road (Section 7)-00014 to the New Jersey Department of Transportation on behalf of the Franklin Lakes Borough. BE IT FURTHER RESOLVED that the Mayor and Clerk are hereby authorized to sign the grant agreement on behalf of the Franklin Lakes Borough and that their signature constitutes acceptance of the terms and conditions of the grant agreement and approves the execution of the grant agreement. Regular Meeting of the Mayor and Council Page 21 May 16, 2023 Minutes Resolution 177-23 Amendment to Concession Contract—Trail Signage WHEREAS, the Mayor and Council, by resolution adopted on August 17, 2021, awarded a contract to Smart Outdoor, Inc., 3 Ernhoffer Drive, Carmel, New York 10512, for the installation of trail signage at various locations for two years,with a Borough option for an additional two year period; and, WHEREAS, Smart Outdoor, Inc., has proposed an Amendment to Concession Agreement,which amends certain terms of the Agreement between Smart Outdoor, Inc., and the Borough; and, WHEREAS,the Borough Administrator and the Community Director recommend that the Mayor and Council approve the Amendment to Concession Agreement; 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 Borough Administrator and Community Director is hereby approved and the Amendment to Concession Agreement with Smart Outdoor, Inc., for the installation of trail signage at various locations throughout the Borough for a two year term be and is hereby approved, as described therein; BE IT FINALLY RESOLVED that a copy of this resolution be forwarded to Smart Outdoor, Inc. and the Community Director. Respectfully submitted, 1 M. Rulli, Borough Clerk