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HomeMy Public PortalAbout2023-07-18 Regular Minutes Regular Meeting of the Mayor and Council July 18, 2023 A regular meeting of the Mayor and Council was held at 7:30 PM on July 18, 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 Lambrix, Councilmember Sheppard, Deputy Borough Administrator Sidoti, Borough Attorney Smith, and Borough Clerk Rulli. Borough Administrator Hart 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, notice has been posted on the Borough website and on the Bulletin Board at Borough Hall. Flat Salute Moment of Silent Appreciation to Our Veterans Ordinances for Final Reading and Adoption 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 Motion made by Councilmember Sheppard to carry Ordinance 1911R to August 15, 2023, seconded by Councilmember Kelly. Roll Call: Ayes: Ansh, Bonagura, Cardenas, Kelly, Lambrix, Sheppard Nays: Abstain: Absent: Motion Approved Motion made by Councilmember Lambrix to take up Ordinance 1920 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. Regular Meeting of the Mayor and Council Page 2 July 18, 2023 Minutes The Borough Clerk read the Ordinance by title only. ORDINANCE NO. 1920 AN ORDINANCE SUPPLEMENTING CHAPTER 157 "ANIMALS" OF THE CODE OF THE BOROUGH OF FRANKLIN LAKES TO DELETE REFERENCE TO BERGEN COUNTY ANIMAL SHELTER 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 1920 was introduced at a meeting of the Mayor and Council held on the 20'h day of June, 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. 1920 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. Discussion—none. Roll Call: Ayes: Ansh, Bonagura, Cardenas, Kelly, Lambrix, Sheppard Nays: Abstain: Absent: Motion Approved Motion made by Councilmember Lambrix to take up Ordinance 1921 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. 1921 AN ORDINANCE AUTHORIZING AND PROVIDING FOR CERTAIN PARK IMPROVEMENTS AND APPROPRIATING $150,400.00 FOR SAID IMPROVEMENTS AUTHORIZED TO BE UNDERTAKEN IN, BY AND FOR Regular Meeting of the Mayor and Council Page 3 July 18, 2023 Minutes THE BOROUGH OF FRANKLIN LAKES, IN THE COUNTY OF BERGEN, NEW JERSEY Motion to open the hearing to the public was made by Councilmember Ansh, 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 Kelly, seconded by Councilmember Lambrix. On voice vote, all in favor. WHEREAS, Ordinance 1921 was introduced at a meeting of the Mayor and Council held on the 20'h day of June, 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. 1921 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 Ansh, seconded by Councilmember Kelly. Discussion—None. Roll Call: Ayes: Ansh, Bonagura, Cardenas, Kelly, Lambrix, Sheppard Nays: Abstain: Absent: Motion Approved Motion made by Council President Bonagura to take up Ordinance 1922 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. 1922 A BOND ORDINANCE AUTHORIZING PURCHASE OF FIRE APPARATUS BY AND FOR THE BOROUGH OF FRANKLIN LAKES,IN THE COUNTY OF BERGEN, NEW JERSEY,APPROPRIATING AN AGGREGATE AMOUNT OF$1,690,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF NOT EXCEEDING$1,590,000 IN AGGREGATE PRINCIPAL AMOUNT OF BONDS OR NOTES TO FINANCE PART OF THE COST THEREOF. Regular Meeting of the Mayor and Council Page 4 July 18, 2023 Minutes Motion to open the hearing to the public was made by Councilmember Kelly, 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 Kelly, seconded by Councilmember Lambrix. On voice vote, all in favor. WHEREAS, Ordinance 1922 was introduced at a meeting of the Mayor and Council held on the 20'h day of June, 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. 1922 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 Kelly. Discussion—none. Roll Call: Ayes: Ansh, Bonagura, Cardenas, Kelly, Lambrix, Sheppard Nays: Abstain: Absent: Motion Approved Motion made by Councilmember Kelly to take up Ordinance 1923 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. 1923 AN ORDINANCE SUPPLEMENTING CHAPTER 470 "VEHICLES AND TRAFFIC" OF THE CODE OF THE BOROUGH OF FRANKLIN LAKES TO PROHIBIT PARKING ON PORTIONS OF ASPEN WAY, LINDEN WAY AND PULIS AVENUE Motion to open the hearing to the public was made by Councilmember Kelly, seconded by Councilmember Ansh. On voice vote, all in favor. No one from the public came forward at this time. Regular Meeting of the Mayor and Council Page S July 18, 2023 Minutes Motion to close the hearing to the public was made by Councilmember Kelly, seconded by Lambrix. On voice vote, all in favor. WHEREAS, Ordinance 1923 was introduced at a meeting of the Mayor and Council held on the 20'h day of June, 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. 1923 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 Kelly. Discussion—none. Roll Call: Ayes: Ansh, Bonagura, Cardenas, Kelly, Lambrix, Sheppard Nays: Abstain: Absent: Motion Approved Motion made by Council President Bonagura to take up Ordinance 1924 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. 1924 AN ORDINANCE AUTHORIZING AND PROVIDING FOR CERTAIN REPAIRS AND IMPROVEMENTS TO THE PARSONS POND PARK MULTIPURPOSE BUILDING AND APPROPRIATING $96,000.00 FOR SAID REPAIRS AND IMPROVEMENTS AUTHORIZED TO BE UNDERTAKEN IN, BY AND FOR THE BOROUGH OF FRANKLIN LAKES, IN THE COUNTY OF BERGEN, NEW JERSEY Motion to open the hearing to the public was made by Councilmember Lambrix, seconded by Councilmember Ansh. On voice vote, all in favor. No one from the public came forward at this time. Motion to close the hearing to the public was made by Councilmember Sheppard, seconded by Council President Bonagura. On voice vote, all in favor. Regular Meeting of the Mayor and Council Page 6 July 18, 2023 Minutes WHEREAS, Ordinance 1924 was introduced at a meeting of the Mayor and Council held on the 20'h day of June, 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. 1924 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 Ansh, seconded by Council President Bonagura. Discussion—none. Roll Call: Ayes: Ansh, Bonagura, Cardenas, Kelly, Lambrix, Sheppard Nays: Abstain: Absent: Motion Approved Motion made by Councilmember Kelly to take up Ordinance 1925 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. 2023 SALARY ORDINANCE AMENDMENT ORDINANCE NO. 1925 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 ADD STIPEND FOR CERTIFIED LEAD INSPECTOR/RISK ASSESSOR Motion to open the hearing to the public was made by Councilmember Kelly, seconded by Councilmember Cardenas. 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 Councilmember Kelly. On voice vote, all in favor. WHEREAS, Ordinance 1925 was introduced at a meeting of the Mayor and Council held on the 20'h day of June, 2023 and duly published by law; Regular Meeting of the Mayor and Council Page 7 July 18, 2023 Minutes NOW THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Franklin Lakes, County of Bergen, State of New Jersey, that Ordinance No. 1925 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: 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 Cardenas, seconded by Councilmember Kelly. On voice vote, all in favor. Michael Guttuso, 168 Birch Road, stated he appreciates the opportunity to speak to the Council and their efforts regarding the Cigna property ordinance. He asked questions relating to the McCoy Road property affordable housing units. In response, Mr. Smith stated that as part of its settlement the Borough agreed to find property and build 55 units. He provided background and stated the Borough was subsequently unable to build due to engineering issues. Mr. Guttuso clarified that the new property met the required number of units, and thanked the Council for paving Woodside. Laurie Burnette, 746 Lawlins Road, stated PSE&G released news that the gas lines were almost completed, and inquired about paving the area. She stated she left a message at PSE&G,but hasn't heard back. Motion to close the time for public comment was made by Councilmember Kelly, seconded by Councilmember Cardenas. On voice vote, all in favor. Consent Agenda Resolution 201-23 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 202-23 Accept Report of Finance Committee Resolution 203-23 Accept 2022 Audit Report Regular Meeting of the Mayor and Council Page 8 July 18, 2023 Minutes Resolution 204-23 Accept and Approve 2022 Audit Report Corrective Action Plan Resolution 205-23 Approve Franklin Lakes Football Booster Club Concession Request Resolution 206-23 Oppose Telecommunications Facilities Legislation Assembly Bill A-4376 Resolution read and introduced by Council President Bonagura, seconded by Councilmember Cardenas. Roll Call: Ayes: Ansh, Bonagura, Cardenas, Kelly, Lambrix, Sheppard Nays: Abstain: Absent: Motion Approved Action on Minutes June 8, 2023 Work Session June 8, 2023 Closed Session June 20, 2023 Regular June 20, 2023 Closed Session Motion to accept the minutes was made by Councilmember Ansh, and seconded by Councilmember Sheppard. Roll Call: Ayes: Ansh, Bonagura, Cardenas, Kelly, Lambrix, Sheppard Nays: Abstain: Absent: Motion Approved Old Business Councilmember Cardenas stated at the July 6 Council meeting, Councilmember Sheppard questioned the accuracy of her liaison report. She handed out a letter dated May 12, 2023 from Busch Law Group to the Board of Education Board President and Superintendent, and asked for everyone turn to the first paragraph on page 2. Councilmember Sheppard thanked her and discussion was held on the content of the letter. Mayor Kahwaty thanked the Councilpersons for their comments and the information. New Business Mayor Kahwaty reported that he attended a picnic with County Executive Tedesco and the regional Mayors. The deer issue was discussed, and Executive Tedesco said it's a very difficult and common situation, spoke about various methods, all with unsatisfactory results, and stated the only long term solution is a State wide issue, and study at the County level will continue. Regular Meeting of the Mayor and Council Page 9 July 18, 2023 Minutes Councilmember Ansh stated Bergen County is the only county that does not have Wildlife Management. 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, July 18, 2023 which begins at 7:30 PM, in the Council Chambers at the Municipal Building to discuss the following: • Pending Litigation—Cigna Property Contractual—Hovnanian Sewers • Attorney-Client Privilege—Urban Farms Liquor License BE IT FURTHER RESOLVED that the discussion conducted in closed session shall be disclosed to the public once the matter involving the confidentiality of the above no longer requires that confidentiality, then the minutes can be made public. NOW, THEREFORE BE IT RESOLVED, that the public be excluded from this meeting. Motion to go into Closed Session was made at 7:56 PM by Council President Bonagura, seconded by Councilmember Kelly. On voice vote, all in favor. The Mayor and Council returned to open session at 8:45 PM. Adiournment Motion to adjourn the meeting was made at 8:46 PM by Councilmember Kelly, seconded by Council President Bonagura. On voice vote, all in favor. Resolution 202-23 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$375,311.65 as shown on the Claims Bill List; $14,984.00 as shown on the Soil Account Bill List; and $2,795.00 as shown on the Developers Escrow List. BE IT FURTHER RESOLVED, that the payroll of July 20, 2023 in the amount of$315,177.11 be hereby ratified and approved. Resolution 203-23 Accept 2022 Audit Report - Certification of Annual Audit WHEREAS, N.J.S.A. 40A: 5-4 requires the Governing Body of every local unit to have made an annual audit of its books, accounts and financial transactions, and, Regular Meeting of the Mayor and Council Page 10 July 18, 2023 Minutes WHEREAS, the Annual Report of Audit for the year 2022 has been filed by a Registered Municipal Accountant with the Municipal Clerk pursuant to N.J.S.A. 40A: 5-6, and a copy has been received by each member of the Governing Body; and, WHEREAS, R.S. 52:27BB-34 authorizes the Local Finance Board of the State of New Jersey to prescribe reports pertaining to the local fiscal affairs; and, WHEREAS, the Local Finance Board has promulgated N.J.A.C. 5:30-6.5, a regulation requiring that the Governing Body of each municipality shall, by resolution, certify to the Local Finance Board of the State of New Jersey that all members of the Governing Body have reviewed, as a minimum, the sections of the annual audit entitled "Comments and Recommendations"; and, WHEREAS, the members of the Governing Body have personally reviewed, as a minimum, the Annual Report of Audit, and specifically the sections of the Annual Audit entitled"Comments and Recommendations", as evidenced by the group affidavit form of the Governing Body attached hereto; and, WHEREAS, such resolution of certification shall be adopted by the Governing Body no later than forty-five days after the receipt of the annual audit, pursuant to N.J.A.C. 5:30-6.5; and, WHEREAS, all members of the Governing Body have received and have familiarized themselves with, at least, the minimum requirements of the Local Finance Board of the State of New Jersey, as stated aforesaid and have subscribed to the affidavit, as provided by the Local Finance Board; and, WHEREAS, failure to comply with the regulations of the Local Finance Board of the State of New Jersey may subject the members of the local Governing Body to the penalty provisions of R.S. 52:27BB-52, to wit: R.S. 52:27BB-52: A local officer or member of a local governing body who, after a date fixed for compliance, fails or refuses to obey an order of the director (Director of Local Government Services), under the provisions of this Article, shall be guilty of a misdemeanor and, upon con- viction, may be fined not more than one thousand dollars ($1,000.00) or imprisoned for not more than one year, or both, in addition shall forfeit his office. NOW, THEREFORE BE IT RESOLVED, that the Mayor and Council of the Borough of Franklin Lakes, hereby states that it has complied with N.J.A.C. 5:30-6.5 and does hereby submit a certified copy of this resolution and the required affidavit to said Board to show evidence of said compliance. Resolution 204-23 Accept and Approve 2022 Audit Report Corrective Action Plan BE IT RESOLVED, by the Mayor and Council of the Borough of Franklin Lakes, County of Bergen, that the Mayor and Council accepts and approves the corrective action plan for the 2022 Audit as submitted by the Chief Financial Officer; and, Regular Meeting of the Mayor and Council Page 11 July 18, 2023 Minutes BE IT FURTHER RESOLVED, that a certified copy of this resolution and a copy of the corrective action plan be submitted to the Division of Local Government Services by the Borough Clerk. Resolution 205-23 Approve Franklin Lakes Football Booster Club Concession Request WHEREAS, the Franklin Lakes Football Booster Club, a non-profit organization formed for the purpose of supporting the Franklin Lakes football and cheerleading programs, by letter from its President, Jim Van Orden, has requested permission from the Mayor and Council of the Borough of Franklin Lakes to operate a concession for the sale of Franklin Lakes branded merchandise and for the use of the Franklin Lakes War Eagle logo for promotional materials during the 2023 year; 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 Franklin Lakes Football Booster Club is hereby permitted to operate a concession for the sale of Franklin Lakes branded merchandise and for the use of the Franklin Lakes War Eagle logo for promotional materials during the 2023 year; and, BE IT FINALLY RESOLVED that a copy of this resolution be forwarded to the Franklin Lakes Football Booster Club and the Community Director. Resolution 206-23 Oppose Telecommunications Facilities Legislation Assembly Bill A-4376 A RESOLUTION EXPRESSING MUNICIPAL OPPOSITION TO NEW JERSEY GENERAL ASSEMBLY BILL A-4376, A BILL WHICH WOULD IMPOSE UNCONSCIONABLE RESTRICTIONS ON A LOCAL MUNICIPALITY'S RIGHT AND ABILITY TO MANAGE LAND USE ON PUBLIC AND PRIVATE LAND AS WELL AS WITHIN THE PUBLIC RIGHTS-OF-WAY IN REGARD TO THE DEPLOYMENT AND MODIFICATION OF TELECOMMUNICATIONS FACILITIES WHEREAS, pursuant to the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.), the Home Rule Act, as well as sections 253 and 332 of the federal Telecommunications Act(47 U.S.C. 253; 332(c)(7)), and a local jurisdiction's police powers, as established by law, regulation and custom, a municipality retains the right and authority to establish reasonable regulations concerning the placement, installation and alteration of telecommunications facilities; and, WHEREAS, the Borough of Franklin Lakes ("Municipality") desires to retain these rights and authorities, consistent with state and federal laws, and which allow it to, among other things, establish regulations regarding the placement and alteration of telecommunications facilities which encourage judicious siting of said facilities in order to minimize the total number of facilities throughout the Municipality and which encourage collocation when possible, and which help to minimize the adverse visual impact of said facilities via careful design, landscaping and screening techniques, on the aesthetic character of the Municipality; and, WHEREAS, on February 8, 1996, the federal government adopted the Telecommunications Act which, among other things, preserves a local government's authority over the "placement Regular Meeting of the Mayor and Council Page 12 July 18, 2023 Minutes construction and modification of personal wireless service facilities" (47 U.S.C. §332(c)(7)(A)) while, at the same time, making it unlawful for a local government to prohibit or have the effect of prohibiting the provisions of personal wireless service (47 U.S.C. 332(c)(7)(B)(i)(II)), and provides that local government "shall not unreasonably discriminate among providers of functionally equivalent services" (47 U.S.C. §332(c)(7)(B)(i)(I)); and, WHEREAS, on November 18, 2009,the Federal Communications Commission("FCC") adopted a declaratory ruling at Docket WT Docket No. 08-165 titled "Petition for Declaratory Ruling to Clarify Provisions of Section 332(c)(7)(B)to Ensure Timely Siting Review and to Preempt Under Section 253 State and Local Ordinances that Classify All Wireless Siting Proposals as Requiring a Variance" in regard to the provisions of the Telecommunications Act which require the timely siting, by establishing 90 and 150 day shot clock timeframe provisions for wireless siting applications; and, WHEREAS, on February 22, 2012, the federal government adopted the Middle Class Tax Relief and Job Creation Act which, among other things, contains provisions designed to improve and expedite wireless siting applications by specifying that eligible facilities requests which do not substantially increase the size of an existing tower or base station must be approved by local governments, with this subset of telecommunications provisions becoming subsequently known as the Spectrum Act; and, WHEREAS, on January 17, 2012, the State of New Jersey adopted the New Jersey Collocation Law (N.J.S.A. 40:55D-46.2), which specifies, among other things, that site plan review may not be required if a proposed modification does not result in an area greater than 2,500 square feet for a wireless communications compound; and, WHEREAS, on October 17, 2014, the FCC adopted a Report and Order (the "Infrastructure Order") at WT Docket No. 13-238 titled "Acceleration of Broadband Deployment by Improving Wireless Facilities Siting Policies", which clarified the provisions of the Spectrum Act by describing the types of modifications to wireless facilities which constitute an Eligible Facilities Request, as the term is used in the Spectrum Act, including that a modification may not increase the height of a facility by more than 10% of its existing height; and, WHEREAS, on June 9, 2020, the FCC adopted a Declaratory Ruling and Notice of Proposed Rulemaking at WT Docket No. 19-250 titled "Implementation of State and Local Governments' Obligation to Approve Certain Wireless Facility Modification Requests Under Section 6409(a) of the Spectrum Act of 2012" in order to further clarify the provisions of the Spectrum Act in regards to what type of modification constitutes an Eligible Facilities Request, including specifying which modifications do not defeat the originally intended concealment elements of an existing facility, when the FCC mandated 90 and 150 day shot clocks commence and permitted height increases for towers outside the public right-of-way; and, WHEREAS, on October 27, 2020, the FCC adopted a Report and Order at WT Docket No. 19- 25E titled "Implementation of State and Local Governments' Obligation to Approve Certain Wireless Facility Modification Requests Under Section 6409(a) of the Spectrum Act of 2012" in order to further clarify the provisions of the Spectrum Act by specifying the extent to which an Eligible Facilities Request to modify an existing wireless may expand said facility in size and Regular Meeting of the Mayor and Council Page 13 July 18, 2023 Minutes dimensions, including that an existing facility may be expanded by up to 30 feet in any one direction; and, WHEREAS, on September 26, 2018, the FCC adopted an order entitled "Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure Investment," (FCC-18-133A or the"Small Cell Order"),which was upheld for the most part by the Ninth Circuit Court of Appeals on August 12, 2020, concerning City of Portland et al. vs. the FCC; and, WHEREAS, the Small Cell Order places 60 and 90 day shot clock time limits on the municipal decision making process for applications for the placement of small wireless facilities, the replacement of existing poles and the placement of new poles in the public right-of-way; and, WHEREAS, on June 27, 2022, A-4376 was introduced and sponsored by Carol A. Murphy of the 7th legislative district with said bill, among other things, intending to combine aspects of the above-referenced FCC rulings regarding the Telecommunications Act,the Spectrum Act and small wireless facilities in the public right-of-way, while also going well above and beyond said rulings in regard to its intention to preempt a local jurisdiction's right and authority to manage its territory and rights-of-way; and, WHEREAS, on June 5, 2023, the Assembly Telecommunications and Utilities Committee amended and favorably reported A-4376; and, WHEREAS, if adopted, A-4376 would expand the existing preemption framework of the state and federal government by, among other things, accelerating review timeframes and precluding discretionary land use review for most new antenna installations on buildings and structures not previously approved for use for telecommunications facilities; and, WHEREAS, per A-4376, discretionary land use approvals would only be an option for a municipality if facility installation on a structure not previously used for antennas increased that structure's height by more than 20 feet, or expanded width by more than 20 feet or the width of a structure; and, WHEREAS, A-4376 encompasses both tower and rooftop sites on private land as well as small wireless antenna facilities on utility poles and other supporting structures in the public right-of- way; and, WHEREAS, the overarching effect of A-4376 would be to essentially eliminate nearly all effective control of a municipality's territory in regard to telecommunications facilities deployments; and, WHEREAS, this is an excessive and unreasonable loss of authority which runs contrary to the intention of the Municipal Land Use Law, the Home Rule Act and local police powers; and, WHEREAS, as a result,the Municipality strongly opposes passage of said bill A-4376 and desires to maintain its existing rights and authority to regulate telecommunications facilities within its jurisdiction. Regular Meeting of the Mayor and Council Page 14 July 18, 2023 Minutes NOW THEREFORE BE IT RESOLVED,by the Mayor and Council of the Borough of Franklin Lakes, County of Bergen and State of New Jersey that: 1. The Borough of Franklin Lakes opposes New Jersey General Assembly bill A-4376. 2. The Borough of Franklin Lakes urges the Assembly not to pass A-4376. 3. A copy of this resolution will be submitted to both chambers of the New Jersey Legislature, and any applicable legislative committees tasked with reviewing same, including the Assembly Telecommunications and Utilities Committee, which will be asked to reconsider its favorable report of A-4376. Introduced By: Councilmember Bonagura Seconded By: Councilmember Cardenas Roll Call: Councilmember Ansh Yes Councilmember Kelly Yes Council President Bonagura Yes Councilmember Lambrix Yes Councilmember Cardenas Yes Councilmember Sheppard Yes Motion Approved on July 18, 2023, according to the indicated vote. Respectfully submitted, a M. Rulli, Borough Clerk