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HomeMy Public PortalAbout2023-08-01 Work Session Regular Meeting of the Mayor and Council August 1, 2023 A regular meeting of the Mayor and Council was held at 7:30 PM on August 1, 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, Council President Bonagura, Councilmember Kelly, Councilmember Lambrix, Borough Administrator Hart, Borough Attorney Smith, and Borough Clerk Rulli. Councilmembers Ansh, Cardenas, and Sheppard were 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. Flay Salute Moment of Silent Appreciation to Our Veterans Proclamation • 2023 Gold Medal Winner World Para Ice Hockey Champion—Jack Wallace Mayor Kahwaty read the proclamation: PROCLAMATION HONORING JACK WALLACE WHEREAS, on June 4, 2023, Jack Wallace, a resident of the Borough of Franklin Lakes, and his United States National Sled Hockey Team teammates, won the gold medal at the 2023 World Para Ice Hockey Championship held in Moose Jaw, Saskatchewan, Canada; and, WHEREAS, the United States National Sled Hockey Team defeated Canada, 6-1, in the gold medal match to capture its third straight and sixth overall gold medal at the 2023 World Para Ice Hockey Championship, finishing the tournament with a perfect 5-0 record to cap off an unbeaten 18-0 season; and, WHEREAS, Jack, a 6'4" defenseman, collected 2 goals and 6 assists in the five games of the tournament, with a team-leading +19 plus-minus rating (while he was on the ice at even-strength, his team scored 19 more goals than the other team scored); and, WHEREAS,for Jack, amongst his many accomplishments,this was the third time(2019,2021 and 2023) he and his team have won the World Para Ice Hockey Championship to add to his and the team's two Paralympic Winter Games gold medals (2018 and 2022); and, Special/Work Session of the Mayor and Council Page 2 August 1, 2023 Minutes WHEREAS, Jack's success story and his extraordinary sled hockey career have been an inspiration to so many in Franklin Lakes and around the world; NOW THEREFORE, I, CHARLES J. X. KAHWATY, Mayor of the Borough of Franklin Lakes, on behalf of the Mayor and Council and the residents of the Borough, do hereby recognize and honor world champion JACK WALLACE on winning the Gold Medal at the 2023 World Para Ice Hockey Championship and for his many other accomplishments both on and off the ice. IN WITNESS HEREOF, I have hereunto set my Hand and caused the Seal of the Borough of Franklin Lakes to be affixed this 1st day of August, 2023. Appointment • Administrative Assistant to Construction Department—Michele Gonzalez-Pose • Per Diem Dispatcher—Brianne Dowling Mr. Hart stated the Administrative Assistant to Construction Department fills a vacancy due to a recent resignation and the Police Captain recommends the appointment of Brianne Dowling as per-diem dispatcher. Motion made by Councilmember Kelly to make the above-mentioned appointments, seconded by Councilmember Lambrix. Roll Call Vote: Ayes: Bonagura, Kelly, Lambrix Nays: Abstain: Absent: Ansh, Cardenas, Sheppard Motion Approved Time for Public Comment Motion to open the time for public comment was made by Councilmember Lambrix, seconded by Councilmember Kelly. On voice vote, all in favor. Ari Donio, 501 Kings Pointe Trail, commented that at the July 16 meeting, Mr. Smith stated that it was not likely that ordinance 1911R would be passed. Mr. Donio stated he has concerns with the silence and lack of answers. He spoke about the Planning Board pushing the ordinance through quickly and that it now seems to be at a standstill. Mayor Kahwaty stated the deadline of the court appearance is on August 24; negotiations must be largely confidential and asked Mr. Smith to comment. Mr. Smith stated that ongoing negotiations need to be done in private. Special/Work Session of the Mayor and Council Page 3 August 1, 2023 Minutes Councilmember Lambrix stated he understands why the limited amount of information that the public receives makes it concerning to the residents and he wants to know if an Eblast can be sent to advise the public that negotiations continue. Mayor Kahwaty and Councilmember Kelly expressed their agreement. Mr. Hart will put together a draft for the attorney's review. Motion to close the time for public comment was made by Councilmember Kelly, seconded by Councilmember Lambrix. On voice vote, all in favor. Engineers Report Ms. Boland reported on Olentangy Drainage Improvements. Mr. Smith stated that the easements were mailed to the property owners. Ms. Boland stated that work can be done prior to the easements and can be done from just one property if necessary. She stated that the retaining wall at the `main'property, has an issue, additionally, one of the other homes has been issued violations due to work they did without permits. The Road Program is finishing up and the area around the new playground will be paved without any additional increase in cost. Mr. Hart asked if there are funds left over under the Road Program appropriations for additional roads to be paved. Ms. Boland stated the Police Department expected to use some funds for signage. Following discussion, Mr. Hart requested the consent of the Councilmembers to move ahead with paving additional roads based on the list recommended by the Committee along with the DPW. Mayor Kahwaty asked Ms. Boland to stay for the Hovnanian conversation in Closed Session. Consent Agenda Resolution 207-23 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 208-23 Accept Report of Finance Committee Resolution 209-23 Tax Refund - 193 Birch Road Resolution 210-23 Local Efficiency Achievement Program (LEAP) Resolution of Acceptance Resolution read and introduced by Council President Bonagura, seconded by Councilmember Kelly. Roll Call Vote: Ayes: Bonagura, Kelly, Lambrix Nays: Abstain: Absent: Ansh, Cardenas, Sheppard Motion Approved Mayors Report Special/Work Session of the Mayor and Council Page 4 August 1, 2023 Minutes Mayor Kahwaty introduced Damon Servidio, a local law student that Judge Toskos asked to attend the Borough Council meeting, as he is very interested in politics. He stated Mr. Servidio is pursuing a Major in Political Science, and a minor in prelaw and public policy, attends Stevens and did a two week internship with Senator Joe Pennacchio. Mayor Kahwaty thanked him for attending and wished him well. Committee/Liaison Reports Public Works Councilmember Kelly reported that the Department of Public Works is very busy, they mulched playgrounds, completed approximately 70 streets fixing potholes, have cleaned the compost area, fixed the drainage issue on Bridle way, cleaned streets,put up signs, and cleaned the vehicles. She noted that the path on Seminole is not our property and the homeowner has the right to put a gate there. Mr. Hart stated an existing path that runs from Scioto to the corner of Dakota and Indian Trail can be used as an alternative and gravel will be put down to correct the drainage issue. Parks and Recreation Council President Bonagura reported that football and cheerleading are underway; camps will begin shortly, as will the Matt Simms Football clinics. Soccer will be back in the regular league. Environmental & Community Affairs/Library Councilmember Cardenas was absent and no report was provided. Public Safety Council President Bonagura stated that the Fire Department is working on a recruitment program and will meet with architects with regard to the building. Planning and Development • Request for Street Name—Hunter Way Councilmember Lambrix had no report. Mr. Hart stated Patrick Hunter's street has no name, it is the only house on the road. After discussion, all were in agreement to place a resolution on the August 15'h agenda to name the street Hunter Way. Special/Work Session of the Mayor and Council Page 5 August 1, 2023 Minutes Administration and Finance Councilmember Lambrix stated he didn't have a chance to review the quarterly financial report sent by Mr. Hart. Mr. Hart reported there are no significant red flags at this time; the Construction Department and Court are on target and ahead of budget; and snow removal is on budget. Borough Administrator's Report Mr. Hart reported contacting the Department of Fish and Wildlife for possible solutions to the deer issue. The Mayor and Council requested that someone to come here or a subcommittee to go to them. Mr. Hart stated he has looked into broadcasting the Mayor and Council meetings and reported that seven out of ten Northwest Bergen County towns are broadcasting using various methods. Mr. Hart and Ms. Rulli are meeting tomorrow with Swaggit,who has a widely used system. They will report back with their findings. Mr. Hart answered questions regarding other options and costs and will review with the Administrative Committee to see if it will be considered for the 2024 Budget. Mr. Hart outlined the Profession Development program and requested the Council to consider allowing the certified CPR instructors to receive a $250 stipend. All agreed and a resolution will be on the next agenda. Mr. Hart updated the Council on the status of the possibility of Solar power. A study was performed several years ago and concluded that none of the Borough facilities met the criteria. Incentives have changed and Mr. Hart will do a follow up study to see if there are now options. For the next meeting he reported he will have two ordinance revisions; one clarifying the swimming pool coverage limit, which will correct a loophole that some developers and property owners have taken advantage of. The second is the Affordable Housing ordinance which currently allows 15% for rental and 20% for sale, and change it to 20% across the board. Mr. Hart stated that Mr. Smith will get Affordable Housing Attorney Edward's input. Old Business None New Business None Special/Work Session of the Mayor and Council Page 6 August 1, 2023 Minutes 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, August 1, 2023 which begins at 7:30 PM, in the Conference Room at the Municipal Building to discuss the following: • Contractual: Hovnanian Sewers • Contractual: Shared Services for School Resource Officer • Pending Litigation: Cigna Property BE IT FURTHER RESOLVED that the discussion conducted in closed session shall be disclosed to the public once the matter involving the confidentiality of the above no longer requires that confidentiality, then the minutes can be made public. NOW, THEREFORE BE IT RESOLVED, that the public be excluded from this meeting. Motion to go into Closed Session was made at 8:09 PM by Council President Bonagura, seconded by Councilmember Kelly. On voice vote, all in favor. The Mayor and Council returned to open session at 9:03 PM. Adiournment Motion to adjourn the meeting was made at 9:03 PM by Councilmember Lambrix, seconded by Councilmember Kelly. On voice vote, all in favor. Resolution 208-23 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$8,156,349.12 as shown on the Claims Bill List; $8,196.00 as shown on the Soil Account Bill List; and $3,407.00 as shown on the Developers Escrow List. Resolution 209-23 Tax Refund—193 Birch Road WHEREAS, the property listed below filed an assessment appeal with the Tax Court of New Jersey; and, WHEREAS,the Tax Court reduced their assessment which results in a reduction in property taxes previously paid for the year(s) 2020, 2021 and 2022, on Block 2711, Lot 8, known as 193 Birch Road, which is owned by Faustini, Pat& Anna; and, WHEREAS, N.J.S.A. 54:3-27.2 provides that, in the event a taxpayer is successful in an appeal from a reduced assessment,the taxing district shall refund any excess taxes paid within 60 days of the date of the judgment; Special/Work Session of the Mayor and Council Page 7 August 1, 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 the Chief Financial Officer is hereby authorized and directed to issue a check in the amount listed below which shall be charged against Tax Appeals. Block Lot Assessment Reductions Refund 2711 8 $ 48,000 (2020) $ 791.04 2711 8 $ 48,000 (2021) $ 797.76 2711 8 $ 48,000 (2022) $ 809.28 Total Refund $ 2,398.08 All checks made payable to: Spiotti & Associates, P.C. Attorney Trust Account P.O. Box 30 Midland Park, NJ 07432 Resolution 210-23 LOCAL EFFICIENCY ACHIEVMENT PROGRAM (LEAP) RESOLUTION OF ACCEPTANCE WHEREAS, the State of New Jersey has allocated $150,000 within each county for a statewide total of $3.15 million in Local Efficiency Achievement Program (LEAP) funds to promote innovation among peer local units across New Jersey; and, WHEREAS, the Department of Community Affairs, Division of Local Government Services (DLGS) administers the LEAP grant program; and, WHEREAS, the LEAP Challenge Grant exists to challenge municipalities and counties to collaborate on more extensive partnership and collaborations to produce efficiencies through shared services; and, WHEREAS, the Borough of Franklin Lakes has agreed to be the lead agency in this program; and, WHEREAS, the Mayor and Council of the Borough of Franklin Lakes is acknowledging and accepting the responsibility of acting as administrator for this grant on behalf of all participating local units; and, WHEREAS, the Borough of Franklin Lakes received a Notice of Award from the Department of Community Affairs, Division of Local Government Services (DLGS) its eligibility to receive a LEAP Grant in the amount of$50,000.00; and, Special/Work Session of the Mayor and Council Page 8 August 1, 2023 Minutes WHEREAS, the purpose of the award is to complete a feasibility study for shared services of municipal waste management, which study will examine the feasibility and potential advantages of sharing solid waste and recycling collection among the three municipalities of the Borough of Franklin Lakes, the Borough of Oakland, and the Township of Wyckoff, NOW THEREFORE,BE IT RESOLVED by the Mayor and Council of the Borough of Franklin Lakes that the Borough of Franklin Lakes does hereby accept the award of$50,000.00 to complete a feasibility study for shared services of municipal waste management; and, BE IT FURTHER RESOLVED that the Mayor of the Borough of Franklin Lakes be and hereby is authorized to execute a Grant Agreement with the New Jersey Department of Community Affairs on behalf of the Borough of Franklin Lakes,the Borough of Oakland and the Township of Wyckoff, and upon execution of said Agreement, the Borough of Franklin Lakes does accept the Terms and Conditions specified in the Agreement in connection with this grant award. Respectfully submitted, a M. Rulli, Borough Clerk