Loading...
HomeMy Public PortalAbout2023-09-19 Regular Meeting Minutes BOROUGH OF FRANKLIN LAKES Regular Meeting of the Mayor and Council September 19, 2023 A regular meeting of the Mayor and Council was held at 7:30 PM on September 19, 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, and Councilmember Sheppard. Also present were Borough Attorney Smith and Borough Clerk Rulli. Borough Administrator Hart arrived at 7:31 PM. 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 Motion made by Councilmember Sheppard to take up Ordinance 1926 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. BOROUGH OF FRANKLIN LAKES ORDINANCE NO. 1926 AN ORDINANCE AMENDING CHAPTER 300 "LAND USE AND DEVELOPMENT" OF THE CODE OF THE BOROUGH OF FRANKLIN LAKES TO AMEND THE MAXIMUM TOTAL COVERAGE REQUIREMENTS IN THE A-40 AND A-22.5 ZONES FOR PROPERTIES WITH SWIMMING POOLS Motion to open the hearing to the public was made by Councilmember Lambrix, seconded by Councilmember Kelly. On voice vote, all in favor. No one from the public came forward at this time. Regular Meeting of the Mayor and Council Page 2 September 19, 2023 Minutes Motion to close the hearing to the public was made by Councilmember Ansh, seconded by Council President Bonagura. On voice vote, all in favor. WHEREAS, Ordinance 1926 was introduced at a meeting of the Mayor and Council held on the 15'h day of August, 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. 1926 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 Sheppard, seconded by Councilmember Cardenas. Discussion—none. Roll Call Vote: 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 Kelly, seconded by Councilmember Cardenas. On voice vote, all in favor. Maureen Lambrix, 270 Arbor Road, thanked the Mayor and Council, Borough Attorney Smith, and Mr. Hart for their hard work on the Cigna property. She stated she doesn't feel a bandshell is needed and questioned why the Borough would consider spend money on a not needed item when we don't know the full effect of Affordable Housing. She discussed the uncertainty of development and the strain on first responders. She stated it should be left as it stands with sports fields and nature. She asked the Mayor and Council to pause before a making final decision to place it anywhere, but especially at Parsons Pond Park. Dana Sciascia, 137 Delaware Lane, is speaking on behalf of the 2-6 year old age group, asked that the money from the bandstand be applied to a playground for the 2-6 year olds, as they can't use the new playground. She made suggestions for additional equipment and asked for the money immediately. Avani Mohapatra,740 Smoke Hollow Trail,reiterated the need for a toddler friendly and inclusive, playground, as the current playground is not. She stated the former playground was accessible to children with disabilities and asked that the Borough transfer money from the bandstand to the playground. Regular Meeting of the Mayor and Council Page 3 September 19, 2023 Minutes Chelsea Bishay, 652 Farmdale Road, stated that the old design was inclusive and the new one is not. She would like to see different modalities for young children. She spoke about physical therapy and the new playground not being adequate for that. She stated playgrounds supply a social, physical and emotional environment for the development of skills, and asked that the Council redirect the bandshell money. John Matarese, , stated he doesn't understand the urgency to vote $110,000 toward the bandshell. He asked if anyone considered if Hekemian would donate the bandshell. He discussed changes downtown and stated the most important function of Governing Body is public safety. Mayor Kahwaty agreed safety is most important and added also to try to keep taxes low. Mr. Matarese stated the Borough has been without a Police Chief for 10 months and asked when the Council will let residents know. Mr. Smith stated this is a personnel matter and cannot be discussed in public. Mr. Smith stated the acting Chief is in place and doing a fantastic job. Mayor Kahwaty asked if Mr. Matarese had a specific problem with the function of the Police Department. Mr. Matarese stated his problem is with apparent lack of transparency. Victor Gomez, 749 Sunset Terrace, spoke about the downtown improvements, a three way lane, the traffic on Connie Avenue and excessive speed. He stated there will be an increase in traffic with the proposed pattern. Mayor Kahwaty stated there were many perspectives and the engineers are ones to make the recommendations. Stephen Aslanian, 780 Sunset Terrace, feels the new traffic pattern will heighten traffic. He discussed school bus pick up. He stated he spoke with Police about consistent monitoring. Discussion ensued on the issues, options, and ideas to improve this plan, as well as the letter and recommendations from the Police and Boswell Engineering. Councilmember Lambrix asked that the Downtown Improvements resolution be pulled from the Consent Agenda. Ari Donio, 501 Kings Pointe Trail, stated he agrees that there is a problem with the downtown, but doesn't understand the rush to fix this. He stated he doesn't want a bandshell. Ann Swist, 809 Iron Latch Road, stated she doesn't agree with the bandshell and would like to see the money put towards the childrens' playground near the Library. Drina Macnamara, 419 Lake Road, Wyckoff, stated Wyckoff removed their bandshell because it was not used, it was breaking down and had become a hang-out for kids. She stated she has received calls from concerned residents about traffic and noise from a Franklin Lakes bandshell. Mike Guttuso, 168 Birch Road, thanked the Council for the opportunity to speak. He stated he feels that the Council is creating animosity by not communicating with the residents in regard to Cigna and the playground. He feels there are three members who are thinking things through and three others who want to push things through,which is no way to satisfy constituents. He inquired about the [Cigna property] federal use. Regular Meeting of the Mayor and Council Page 4 September 19, 2023 Minutes Mayor Kahwaty stated he and the Council don't have information on federal use and their objective is to get the best deal for Franklin Lakes. Susan Barbuto, 1 Deer Trail, stated she feels something is missing in the process of this government and that the Mayor and his predecessor communicate differently. She suggested old fashioned focus groups. She asked that residents be included in the process. Bruce Haywood, 207 Green Ridge Road, thanked the Mayor and Council for what they do. He spoke about working for Shadow Lake and suggested a survey of the community to help make decisions. He stated his motto would be to keep it simple. Mark Markarian, 523 Old Post Road, Wyckoff, stated he is concerned with noise from a bandshell. He stated a park is for quietness and there is already drag racing in the park. He suggested the Council consider a noise ordinance. Laurie Burnette, 746 Lawlins Road, questioned who the acting Police Chief is, stated Old Mill is a racetrack and the development will only make it worse, and commented that a friend stated the new playground was "made for ninjas". Mayor Kahwaty stated the Captain is in charge. Mr. Smith stated that this is a personnel issue that cannot be discussed. Samantha Braen, 820 Old Mill Road, thanked the Mayor and Council for their service, and the opportunity to address them. She lives in the house across from Cigna entrance, and is against the bandshell. She stated she feels the playground is a destination that should be more accessible. She urged fiscal responsibility. Motion to close the time for public comment was made by Councilmember Kelly, seconded by Councilmember Ansh. On voice vote, all in favor. Consent Agenda Resolution 230-23 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 231-23 Accept Report of Finance Committee Resolution 232-23 Award Contract—Ladder Truck Resolution 233-23 Borough Civil Rights Resolution 234-23 Facilities Use Permit—Cub Scouts Pack 134 Resolution 235-23 Hold Harmless Agreement—722 Jenny Trail Resolution 236-23 Tax Refund—400 Indian Trail Drive Resolution 237-23 Tax Refund—705 Carriage Lane Resolution 238-23 Shared Services Agreement— School Resource Officers Resolution 239-23 Approve Facilities Use Permit—LWT Enterprises/ITV America Regular Meeting of the Mayor and Council Page S September 19, 2023 Minutes Resolutions read and introduced by Council President Bonagura, seconded by Councilmember Ansh. Roll Call Vote: Ayes: Ansh, Bonagura, Cardenas, Kelly, Lambrix, Sheppard Nays: Abstain: Absent: Motion Approved Resolutions Resolution 238-23 Shared Services Agreement—School Resource Officers WHEREAS, the Uniform Shared Services and Consolidation Act, N.J.S.A. 40A:65-1, et seq., authorizes public entities to enter into a contract with each other to subcontract any service which the parties to an agreement are empowered to render within its own jurisdiction, including services incidental to the primary purposes of any of the participating entities; and, WHEREAS, the Board of Education of the Borough of Franklin Lakes ("the Board") has authorized the Board to enter into an agreement with the Borough of Franklin Lakes ("the Borough") entitled "Shared Services Agreement — School Resource Officers," the provisions of which are incorporated by reference herein, for the hiring by the Borough of two police officers to serve as full-time school resource officers, upon such terms and conditions as set forth therein; 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 Mayor and Borough Clerk are hereby authorized and directed to sign an agreement between the Board and the Borough entitled"Shared Services Agreement— School Resource Officers," in substantially the form as recently approved by the Board, subject to approval by the Borough Attorney and the Police Captain; and, BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to the Board of Education of the Borough of Franklin Lakes and the Police Captain. Resolution read and introduced by Councilmember Cardenas, seconded by Council President Bonagura. Mr. Hart commented that Mr. Smith will provide feedback to the Board of Education concerning ideas to get the hiring process started. Mr. Hart explained the Borough received a request from K- 8 BOE for the Borough to hire two additional Police Officers to serve as School Resource Officers. Councilmember Ansh stated he is concerned about security and some questions of his could not be answered. He would like to see all four schools covered. Roll Call Vote: Ayes: Ansh, Bonagura, Cardenas, Kelly, Lambrix, Sheppard Nays: Regular Meeting of the Mayor and Council Page 6 September 19, 2023 Minutes Abstain: Absent: Motion Approved Resolution Award Contract—Band Shell 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 the Bergen County Cooperative Pricing System, of which the Borough is a member; and, WHEREAS, the Borough of Franklin Lakes is a member of the Bergen County Cooperative Pricing System 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 Ben Shaffer Recreation, P.O. Box 844, Lake Hopatcong, New Jersey, for the purchase and installation of a wood band shell and concrete slab as described in the proposal dated September 14, 2023, which is incorporated by reference herein, for the proposal amount of$122,492.41, in accordance with Bergen County Contract No. BC-BID-21-24, which contract expires on June 1, 2024; NOW THEREFORE, BE IT RESOLVED that the Mayor and Council of the Borough of Franklin Lakes and County of Bergen, hereby awards a contract for the purchase and installation of a wood band shell and concrete slab to Ben Shaffer Recreation, for the proposal amount of $122,492.41, in accordance with said County contract; and authorizes the purchase of certain goods and services from those approved Bergen County Cooperative Pricing System vendors as set forth hereinabove, pursuant to all of the conditions of the individual County contracts; and, BE IT FURTHER RESOLVED that the Chief Financial Officer has certified the availability of funds for this purchase, Account: Ordinance No. 1921 Certification of Funds: William G. Pike, Chief Financial Officer BE IT FINALLY RESOLVED that a copy of this resolution be forwarded to Ben Shaffer Recreation and the Community Director. Resolution read and introduced by Councilmember Ansh, seconded by Councilmember Sheppard. Councilmember Lambrix stated he agrees that no one wants the bandshell and no one here is asking for it. Discussion ensued regarding costs associated with the bandshell, electrical work, and other projects that would be covered under the Borough and under the grant, such as trail signage and Regular Meeting of the Mayor and Council Page 7 September 19, 2023 Minutes improvements. Councilmember Lambrix stated the Council has been operating as a divided government for the first time in ten years and need to stop disregarding public opinion. He stated the public doesn't want a bandshell and they do want a playground. Mr. Hart explained that they must reapply for the Grant if it's used for a different project, most likely it will be approved, but there is no guarantee. All in agreement that further discussion will be held at a future meeting to determine if the Grant can be transferred and what to use it for. Roll Call Vote: Ayes: Nays: Ansh, Bonagura, Cardenas, Kelly, Lambrix, Sheppard Abstain: Absent: Motion Denied Motion made by Councilmember Sheppard for Mr. Hart to proceed with investigation/moving grant money to playground, seconded by Councilmember Kelly. On voice vote, all in favor. All in agreement that further discussion will be held at a future meeting to determine if the Grant can be transferred and what to use it for. Resolution 239-23 Approve Facilities Use Permit—LWT Enterprises Inc. /ITV America B- Roll WHEREAS, LWT Enterprises Inc. / ITV America, 4 Star Point, 4 h Floor, Stamford, Ct 06902, has requested to film at various scenic locations, including the Lake, the Welcome to Franklin Lakes sign and The Franklin Lakes Community Center sign, within the Borough for one day between September 26, 2023 and September 30, 2023, as described on the Filming Permit Application dated September 12, 2023, which has been approved by the Chief of Police and Borough Clerk; and, WHEREAS, the Mayor and Council are satisfied that the proposal for use of Borough facilities meets the requirements of the Borough's field use ordinance; 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 LWT Enterprises Inc. / ITV America, is hereby granted permission to film at various scenic locations, including the Lake, the Welcome to Franklin Lakes Sign and The Franklin Lakes Community Center sign, within the Borough for one day between September 26, 2023 and September 30, 2023, as described herein, subject to compliance with all other Borough ordinance requirements as determined by the Community Director; and, BE IT FINALLY RESOLVED that a copy of this resolution be forwarded to LWT Enterprises Inc. /ITV America, and the Community Director. Regular Meeting of the Mayor and Council Page 8 September 19, 2023 Minutes Resolution read by title and introduced by Council President Bonagura, seconded by Councilmember Cardenas. Mr. Hart explained that this filming permit is for filming B-roll, background scenery shots, and he and Borough Clerk Rulli answered questions. Roll Call Vote: Ayes: Ansh, Bonagura, Cardenas, Kelly, Lambrix, Sheppard Nays: Abstain: Absent: Motion Approved Resolution to Approve Downtown Improvements Discussion ensued regarding the issues and possible solutions for the downtown area. Motion made by Councilmember Lambrix to split this into two separate resolutions, seconded by Councilmember Kelly. On voice vote, all in favor. Roll Call Vote: Ayes: Ansh, Bonagura, Cardenas, Kelly, Lambrix, Sheppard Nays: Abstain: Absent: Motion Approved Resolution 240-23 Supporting Re-Striping of Franklin Avenue Downtown Commerce Street to I-287 WHEREAS, the Mayor and Council of the Borough of Franklin Lakes are desirous of making certain changes to the striping and markings ("re-striping") on Franklin Avenue, a County of Bergen street, in the "downtown" corridor from Commerce Street to I287; and, WHEREAS, Boswell Engineering has prepared a concept plan which depict the re-striping, entitled: "Commerce Street to I-287," dated June 2023, with last edit dated 7/27/2023; ("the Boswell concept plans"), which plans are incorporated by reference herein; and, WHEREAS, the Mayor and Council are seeking the County's approval of the re-striping of the Franklin Avenue downtown Commerce Street to I-287, substantially as shown on the Boswell concept plans; NOW THEREFORE, BE IT RESOLVED that the Mayor and Council of the Borough of Franklin Lakes, County of Bergen and State of New Jersey are hereby requesting that the County of Bergen review and approve the re-striping of the Franklin Avenue downtown Commerce Street to I287, substantially as shown on the Boswell concept plans; and, Regular Meeting of the Mayor and Council Page 9 September 19, 2023 Minutes BE IT FINALLY RESOLVED that a copy of this resolution be forwarded to Bergen County Engineer Joseph A. Femia, P.E., Bergen County Supervisor of Roads Thomas Connolly and Boswell Engineering. Motion by Council President Bonagura to approve Resolution 240-23 supporting restriping of Franklin Avenue Downtown, Commerce Street to I-287; seconded by Councilmember Kelly. Resolution read by title and introduced by Councilmember Lambrix, seconded by Councilmember Kelly. Roll Call Vote: Ayes: Ansh, Bonagura, Sheppard, Kahwaty Nays: Cardenas, Kelly, Lambrix Abstain: Absent: Motion Approved Resolution 241-23 Supporting Re-Striping of Franklin Avenue Downtown Railroad Crossing to Pulis Avenue WHEREAS, the Mayor and Council of the Borough of Franklin Lakes are desirous of making certain changes to the striping and markings ("re-striping") on Franklin Avenue, a County of Bergen street, in the "downtown" corridor from Railroad Crossing to Pulis Avenue; and, WHEREAS, Boswell Engineering has prepared a concept plan which depict the re-striping, entitled: "Railroad Crossing to Pulis Avenue,"dated June 2023,with last edit dated 9/1/2023 ("the Boswell concept plans"), which plans are incorporated by reference herein; and, WHEREAS, the Mayor and Council are seeking the County's approval of the re-striping of the Franklin Avenue downtown Railroad Crossing to Pulis Avenue, substantially as shown on the Boswell concept plans; NOW THEREFORE, BE IT RESOLVED that the Mayor and Council of the Borough of Franklin Lakes, County of Bergen and State of New Jersey are hereby requesting that the County of Bergen review and approve the re-striping of the Franklin Avenue downtown Railroad Crossing to Pulis Avenue, substantially as shown on the Boswell concept plans; and, BE IT FINALLY RESOLVED that a copy of this resolution be forwarded to Bergen County Engineer Joseph A. Femia, P.E., Bergen County Supervisor of Roads Thomas Connolly and Boswell Engineering. Motion by Council President Bonagura to approve Resolution 241-23 supporting restriping of Franklin Avenue Downtown Railroad crossing to Pulis Avenue, seconded by Councilmember Sheppard. Roll Call Vote: Ayes: Ansh, Bonagura, Sheppard, Kahwaty Regular Meeting of the Mayor and Council Page 10 September 19, 2023 Minutes Nays: Cardenas, Kelly, Lambrix Abstain: Absent: Motion Approved Action on Minutes Motion to accept the following minutes made by Council President Bonagura, and seconded by Councilmember Kelly: June 19, 2023 Parsons Pond Park Planning Committee • August 1, 2023 Work Session • August 1, 2023 Closed Roll Call Vote: Ayes: Ansh 6/19, Bonagura 6/19, 8/1, Kelly 6/19, 8/1, Lambrix 8/1, Sheppard 6/19 Nays: Abstain: Ansh 8/1, Cardenas 6/19, 8/1, Lambrix 6/19, Sheppard 8/1 Absent: Motion Approved Old Business • Election Polling Places Borough Clerk Rulli gave an update on the County's actions regarding polling places which have become overly congested. She will continue to work with County. 0 Open Space Tax Referendum Mr. Hart discussed a flyer to promote the open space tax referendum. Discussion was held on the format and it was agreed that it should be an informational piece only and be posted on the website and social media. It will not be mailed or used as a platform for any election campaigns. Mayor Kahwaty added that this was created in response to public suggestion. New Business Councilmember Kelly mentioned a recreation committee meeting at end of September and Mr. Hart mentioned that the playground can be discussed further at that time and input from the moms can be solicited. Mr. Hart suggested they meet September 27, before the work session. Mr. Hart will notify Dana Stergiou and ask her to represent the Moms in order to consolidate and narrow down ideas. Council President Bonagura discussed why we are charging such an exorbitant amount of money for charitable functions for Fire Department presence under the Firewatch Ordinance. Regular Meeting of the Mayor and Council Page 11 September 19, 2023 Minutes Mayor Kahwaty stated there is no exception for charitable organizations. Discussion ensued on the risks. Councilmember Sheppard asked about number of Firemen and Police required and that you never want to sacrifice safety for economics. Mr. Hart suggested having the Fire Official come in to discuss this in detail. Mr. Smith mentioned that this is also addressed by a NJ State statute, and Mayor Kahwaty stated he is inclined to defer to his judgement the Fire Official, but wants to know the reasons why. 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 September 19, 2023 which begins at 7:30 PM, in the Council Chambers at the Municipal Building to discuss the following: • Personnel: o Unused Sick Leave o Department of Public Works o Police Department 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 10:09 PM by Council President Bonagura, seconded by Councilmember Lambrix. On voice vote, all in favor. The Mayor and Council returned to open session at 10:14 PM. Adiournment Motion to adjourn the meeting was made at 10:14 PM by Councilmember Lambrix, seconded by Councilmember Kelly. On voice vote, all in favor. Resolution 231-23 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$458,185.04 as shown on the Claims Bill List; $750.00 as shown on the Soil Account Bill List; and $199.00 as shown on the Developers Escrow List. BE IT FURTHER RESOLVED, that the payroll of September 14, 2023 in the amount of $279,041.11 is hereby ratified and approved. Regular Meeting of the Mayor and Council Page 12 September 19, 2023 Minutes Resolution 232-23 Award Contract—Ladder Truck WHEREAS, the Borough of Franklin Lakes is authorized pursuant to N.J.S.A. 52:34-6.2(b)(3)to use alternative procurement methods by entering into nationally recognized cooperative purchasing agreements, provided certain requirements are met; and; WHEREAS, the Franklin Lakes Volunteer Fire Department has recommended the award of a contract for the purchase of a ladder truck to Fire & Safety Services Ltd. ("Fire & Safety") based on a proposal dated September 11, 2023,which was submitted in accordance with a bid submitted by Fire & Safety to the Houston-Galveston Area Counsel ("HGAC"), a national cooperative; and, WHEREAS, the HGAC and the contract award by the HGAC to Fire & Safety meet the requirements of State law for awarding contracts through national cooperatives, including the following: • The Fire & Safety contract was awarded through a competitive bidding process that complies with the laws covering the issuing entity; • The HGAC is a contracting unit as defined by statute; and • The HGAC bid was advertised as a national cooperative contract; WHEREAS, Fire & Safety has submitted required documentation with its proposal, including the following: • New Jersey Business Registration certificate; • Non-Collusion Affidavit and Stockholder Disclosure statement; and • Proof of EEO compliance; WHEREAS, as required by State statute, the Mayor and Council are satisfied, based on the information and representations presented to it, that the use of the HGAC contract shall result in cost savings after all factors have been considered; and, WHEREAS, as recommended by New Jersey Division of Local Government Services Local Finance Notice 2012-10, the Borough published a Notice of Intent to Award a Contract under a National Cooperative Purchasing Agreement establishing a comment period for the award of the contract to Fire & Safety under the HGAC contract; and, WHEREAS, during the comment period, no comments were received by the Borough; 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 Franklin Lakes Volunteer Fire Department be and is hereby approved and that a contract for the purchase of a ladder truck be and is hereby awarded to Fire & Safety Services Ltd. in the amount of $1,733,697.41 in accordance with its proposal dated September 11, 2023, less applicable discounts, for a net cost of$1,659,793.53; and, Regular Meeting of the Mayor and Council Page 13 September 19, 2023 Minutes BE IT FURTHER RESOLVED that the Chief Financial Officer has certified the availability of funds for this purchase, Account: Ordinance No. 1922 Certification of Funds: William G. Pike, Chief Financial Officer BE IT FINALLY RESOLVED that a copy of this resolution be provided to Fire & Safety Services Ltd., the Houston-Galveston Area Counsel and the Fire Chief. Resolution 233-23 Borough Civil Rights WHEREAS, it is the policy of the Borough of Franklin Lakes to treat the public, employees, prospective employees, appointees, volunteers and contractors in a manner consistent with all applicable civil rights laws and regulations including, but not limited to, the Federal Civil Rights Act of 1964 as subsequently amended,the New Jersey Law against Discrimination,the Americans with Disabilities Act and the Conscientious Employee Protection Act, and, WHEREAS,the Mayor and Council of the Borough of Franklin Lakes has determined that certain procedures need to be established to accomplish this policy; 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 no official, employee, appointee or volunteer of the Borough, by whatever title known, or any entity that is in any way a part of the Borough, shall engage, either directly or indirectly in any act, including the failure to act, that constitutes discrimination, harassment or a violation of any person's constitutional rights while such official, employee, appointee volunteer, or entity is engaged in or acting on behalf of the Borough's business or using the facilities or property of the Borough; and, BE IT FURTHER RESOLVED that the prohibitions and requirements of this resolution shall extend to any person or entity, including but not limited to any volunteer organization or inter- local organization, whether structured as a governmental entity or a private entity, that receives authorization or support in any way from the Borough to provide services that otherwise could be performed by the Borough; and, BE IT FURTHER RESOLVED that discrimination, harassment and civil rights shall be defined for purposes of this resolution using the latest definitions contained in the applicable Federal and State laws concerning discrimination, harassment and civil rights; and, BE IT FURTHER RESOLVED that the Borough Administrator shall establish written procedures for any person to report alleged discrimination,harassment and violations of civil rights prohibited by this resolution, and such procedures shall include alternate ways to report a Regular Meeting of the Mayor and Council Page 14 September 19, 2023 Minutes complaint so that the person making the complaint need not communicate with the alleged violator in the event the alleged violator would be the normal contact for such complaints; and, BE IT FURTHER RESOLVED that no person shall retaliate against any person who reports any alleged discrimination, harassment or violation of civil rights, provided however, that any person who reports alleged violations in bad faith shall be subject to appropriate discipline; and, BE IT FURTHER RESOLVED that the Borough Administrator shall establish written procedures that require all officials, employees, appointees and volunteers of the Borough as well as all other entities subject to this resolution to periodically complete training concerning their duties, responsibilities and rights pursuant to this resolution; and, BE IT FURTHER RESOLVED that the Borough Administrator shall establish a system to monitor compliance and shall report at least annually to the Mayor and Council the results of the monitoring; and, BE IT FURTHER RESOLVED that, at least annually, the Borough Administrator shall cause a summary of this resolution and the procedures established pursuant to this resolution to be communicated within the Borough, and this communication shall include a statement from the Mayor and Council expressing its unequivocal commitment to enforce this resolution, and this summary shall also be posted on the Borough's web site; and, BE IT FURTHER RESOLVED that this resolution shall take effect immediately; and, BE IT FINALLY RESOLVED that a copy of this resolution shall be published in the official newspaper of the Borough in order for the public to be made aware of this policy and the Borough's commitment to the implementation and enforcement of this policy. Resolution 234-23 Facilities Use Permit—Cub Scouts Pack 134 WHEREAS, Cub Scouts Pack 134 has requested the use of the Franklin Lakes Nature Preserve for its Fishing Derby to be held from 5 p.m. to 6 p.m. on Thursday, October 5, 2023; and, WHEREAS, the Mayor and Council are satisfied that the proposal for use of Borough facilities meets the requirements of the Borough's field use ordinance; 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 Cub Scouts Pack 134 is hereby granted permission to use Borough facilities,Franklin Lakes Nature Preserve,for its Fishing Derby to be held from 5 p.m. to 6 p.m. on Thursday, October 5, 2023, subject to compliance with all other Borough ordinance requirements as determined by the Community Director; and, BE IT FINALLY RESOLVED that a copy of this resolution be forwarded to Cub Scouts Pack 134 and the Community Director. Resolution 235-23 Hold Harmless Agreement—722 Jenny Trail Regular Meeting of the Mayor and Council Page 15 September 19, 2023 Minutes WHEREAS,Vivek Sankaran and Vasuda Vats are the owners of the property located at 722 Jenny Trail, Block 3202.01, Lot 10 in the Borough of Franklin Lakes, County of Bergen, and State of New Jersey; and, WHEREAS,the owners have requested the right to construct a fence within a Borough easement; and, WHEREAS, the Borough Engineer has indicated that the Borough's drainage easement does not contain a drainage ditch and is not presently being utilized, and the flow of runoff will not be impeded by the installation of the proposed fence; and therefore, it is hereby RESOLVED by the Mayor and Council of the Borough of Franklin Lakes as follows: 1. The owner his hereby authorized to install a fence, as described in Exhibit A, within the Borough's drainage easement provided that the owners execute the proposed Hold Harmless Agreement attached hereto as Exhibit B, and comply with all of the terms contained therein. 2. The Mayor and Borough Clerk are hereby authorized to sign a Hold Harmless Agreement with the property owners which shall require compliance with the letter of August 15, 2023 from Boswell Engineering, Exhibit C, and be in a form approved by the Borough Attorney. Resolution 236-23 Tax Refund—400 Indian Trail Drive 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 2020, on Block 1110.02, Lot 2, known as 400 Indian Trail Drive, which was previously owned by BK Partners LLC; 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; 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 1110.02 2 $ 100,000 (2020) $ 1,648.00 Total Refund $ 1,648.00 All checks made payable to: Spiotti & Associates, P.C. Attorney Trust Account P.O. Box 30 Regular Meeting of the Mayor and Council Page 16 September 19, 2023 Minutes Midland Park, NJ 07432 Resolution 237-23 Tax Refund—705 Carriage Lane 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 2022, on Block 1604.08, Lot 3, known as 705 Carriage Lane, which is owned by GMR Trust Richard Raphael Trustee; 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; 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 1604.08 3 $ 100,000 (2022) $ 1,686.00 Total Refund $ 1,686.00 All checks made payable to: Michael I Schneck, Trustee GMR Trust, R.Raphael Trustee 23 Vreeland Road, Suite 270 Florham Park, NJ 07932 Respectfully submitted, a M. Rulli, Borough Clerk