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HomeMy Public PortalAbout2023-10-03 Work Session Meeting Minutes BOROUGH OF FRANKLIN LAKES Regular Meeting of the Mayor and Council October 3, 2023 A regular meeting of the Mayor and Council was held at 6:00 PM on October 3, 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, Borough Administrator Hart, Borough Attorney Smith, and Borough Clerk Rulli. Affordable Housing Attorney Edwards and Borough Planner McManus were also present. 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 and First Responders Proclamation Mayor Kahwaty read the proclamation. PROCLAMATION KNOCK OUT OPIOID ABUSE DAY OCTOBER 6, 2023 WHEREAS, New Jersey is in the midst of a life-threatening opioid abuse epidemic; and, WHEREAS, the Partnership for a Drug-Free New Jersey has designated October 6, 2023, as Knock Out Opioid Abuse Day — an initiative with a multiple purposes: to raise awareness of the potential for dependency on prescribed pain medicine and its link to heroin and fentanyl use in our state; to reduce stigma of addiction and shine a light on the need for recovery support; and to communicate to physicians information on safer prescribing messages found in the Centers for Disease Control and Prevention guidelines for prescribing opioids, which include considering other therapies, setting realistic treatment goals with patients and discussing with patients the positives and negatives of opioids; and, WHEREAS, the State Senate and General Assembly jointly resolved that October 6 shall be permanently designated as Knock Out Opioid Abuse Day in New Jersey in order to raise awareness about the dangers of, and the link between, prescription opioid abuse and heroin addiction and to Special/Work Session of the Mayor and Council Page 2 October 3, 2023 Minutes educate health care providers, community leaders, state lawmakers and members of the public about the opioid abuse epidemic and its effects throughout the State of New Jersey and across the country; and, WHEREAS, the Borough of Franklin Lakes supports initiatives designed to raise awareness about opioid abuse in New Jersey and take steps to prevent addiction; NOW THEREFORE I, CHARLES J. X. KAHWATY, Mayor of the Borough of Franklin Lakes, County of Bergen, and State of New Jersey, do hereby proclaim October 6, 2023 as Knock Out Opioid Abuse Day in the Borough of Franklin Lakes. IN WITNESS HEREOF, I have hereunto set my Hand and caused the Seal of the Borough of Franklin Lakes to be affixed this 3rd day of October, 2023. Ordinances for Final Reading and Adoption ORDINANCE NO. 1927 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 Kelly to carry Ordinance 1927 to November 9, 2023, seconded by Councilmember Cardenas. Councilmember Kelly cited several reasons for objecting and stated she wished to hold off voting until after the Fair Share hearing on October 24, 2023. Councilmember Cardenas spoke about federal use, stating it is not a good idea. Mr. Edwards stated the settlement agreement has a deadline and not meeting it opens potential remedies by the developer. The ordinance, if approved tonight or not, will still be determined by the results of the Fairness Hearing. If the Council votes yes tonight and Court votes no on October 24, 2023,the ordinance will be null and void. Mr. Smith asked if we will have more information on October 24, 2023 or if this is just kicking the decision down the road. Councilmember Kelly stated she wishes to discuss the Planning Board comments in more detail. Councilmember Lambrix said the Planning Board brought up some issues and he still has concerns as well. He wants to sit down with the developer again to tighten up these concerns based on the Planning Board recommendations. Special/Work Session of the Mayor and Council Page 3 October 3, 2023 Minutes Motion to carry the ordinance was made by Councilmember Kelly, seconded by Councilmember Cardenas. Roll Call Vote: Ayes: Bonagura, Cardenas, Kelly, Lambrix Nays: Ansh, Sheppard 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. Mike Gutusso, 168 Birch Road, stated in his opinion, if the Borough goes into litigation it would be the Mayor and Council's fault for entering the agreement with Hekemian. The Council should not have been advised to consider any agreement prior to the Fair Share Hearing. Mr. Gutusso stated if the developer could have filed a builder's remedy suit, they would already have done it. Rob Simon, Attorney for Herold Law, stated for clarification that public comments do not have to specifically pertain to the Ordinance, additionally he stated he represents the Franklin Lakes Residents for Responsible Development, LLC and mentioned that documents have been filed. He reminded everyone that this is an opportunity to work with Counsel and the developer and include members of the community who have voiced concerns and objectives, and want resolution. Mr. Simon stated this is the time to arrive at something that makes sense for everyone. Chris Russo, 303 Lenape Drive, spoke about how residents with 1950s homes who want to build additions or make renovations have been told they cannot go to Planning Board with multiple items, yet this developer doesn't even own the property, seemingly has the ability to circumvent the rules that residents are held to. Mr. Smith stated the difference between a permit for alternations and a building plan. He stated the builder will have to do a plan when he gets to that point in time. John Marmora, Land Use Attorney for Janet and Samantha Braen stated Mr. Simon has already summed up what he wanted to say. He appreciated Councilmember Kelly's motion and stated there are important issues brought up by the Planning Board that will affect the residents and his clients. This Ordinance requires a lot more `tweaking'. Motion to close the time for public comment was made by Councilmember Sheppard, seconded by Councilmember Kelly. On voice vote, all in favor. Consent Agenda Resolution 242-23 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 Special/Work Session of the Mayor and Council Page 4 October 3, 2023 Minutes 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 243-23 Accept Report of Finance Committee Resolution 244-23 Authorize Advertisement for Bids —Borough Hall Generator Resolution 245-23 Award Emergency Contract—Fire Department Air Conditioning Compressors Resolution 246-23 Change Order 41 —2023 Road Program Resolution 247-23 Professional Development Policy Stipend Resolution 248-23 Redeem Tax Lien Certificate - 852 Woodfield Road Resolution read and introduced by Council President Bonagura, seconded by Councilmember Cardenas. Roll Call Vote: Ayes: Ansh, Bonagura, Cardenas, Kelly, Lambrix, Sheppard Nays: Abstain: Absent: Motion Approved Old Business None New Business None Adjournment Motion to adjourn the meeting was made at 6:27 PM by Council President Bonagura, seconded by Councilmember Lambrix. On voice vote, all in favor. Resolution 243-23 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$5,729,055.12 as shown on the Claims Bill List; $9,073.71 as shown on the Soil Account Bill List; and $276.00 as shown on the Developers Escrow List. BE IT FURTHER RESOLVED, that the payroll of September 28, 2023 in the amount of $338,826.46 be hereby ratified and approved. Special/Work Session of the Mayor and Council Page S October 3, 2023 Minutes Resolution 244-23 Authorize Advertisement for Bids —Borough Hall Generator 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 Borough Hall Generator Project. Resolution 245-23 Emergency Contract Award—Bender Court Firehouse Air Conditioning Compressors WHEREAS,two air conditioning compressors at the Bender Court Firehouse recently failed; and, WHEREAS, the Superintendent of Public Works, immediately contracted for the replacement of the two compressors; and, WHEREAS, the Borough Administrator, in accordance with NJSA 40A:11-6, formed a conclusion based on the recommendations of the Superintendent of Public Works Borough Engineer that an emergency affecting public health, safety and welfare exists requiring the immediate contracting for the replacement of the compressors; and, WHEREAS, the Superintendent of Public Works contracted for the work with Whalen & Ives, Inc., 180 Kinderkamack Road, Park Ridge, New Jersey 07656, in the amount of$9,310.00; 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 an emergency contract for replacement of two air conditioning compressors for the Bender Court Firehouse be and is hereby awarded to Whalen & Ives, Inc., for the invoiced amount of$9,310.00; and, BE IT FURTHER RESOVLED that the Chief Financial Officer has certified the availability of funds for this contract, Account: Public Building & Grounds/Maintenance of Buildings Account No.: 3-01-26-310-024 Certification of Funds: William G. Pike, Chief Financial Officer BE IT FINALLY RESOLVED that a copy of this resolution be forwarded to Whalen & Ives, Inc., and the Superintendent of Public Works. Special/Work Session of the Mayor and Council Page 6 October 3, 2023 Minutes Resolution 246-23 Change Order No. 1 —2023 Road Program RESOLVED, by the Mayor and Council of the Borough of Franklin Lakes, that Change Order Number 1 be approved in accordance with the requirements of N.J.A.C. 5:30-11.1 et seq. GENERAL CONSTRUCTION Old Mill Road (Section 6) Improvements and the 2023 Road Resurfacing Program ENGINEER Boswell Engineering CONTRACTOR J.A. Alexander, Inc. 130-158 John F. Kennedy Dr. N Bloomfield, NJ 07003 ORIGINAL CONTRACT COST $799,635.20 COST OF CHANGE ORDER 41 $17,590.00 NEW CONTRACT SUM $817,225.20 NATURE OF CHANGES Asphalt Path at Municipal Park Resolution 247-23 Professional Development Policy Stipend WHEREAS,paragraph 13 of the Personnel Policies and Procedures Manual provides for payment of annual stipends to employees that obtain licenses and/or certificates that are related to, but not required for their positions, upon approval by resolution of the Mayor and Council; and, WHEREAS, the Borough Administrator has recommended payment of a professional development stipend to Administrative Assistant to Construction Department Erica Davenport for her Planning/Zoning Board Secretary certification in the amount of $85.00 for 2023 ($250.00 prorated from the date of hire), with the full amount of$250.00 to be included in the employee's 2024 salary; 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 is hereby approved and the professional development stipend as set forth hereinabove is hereby approved; and, BE IT FINALLY RESOLVED that a copy of this resolution be forwarded to Erica Davenport and the Payroll Administrator. Resolution 248-23 Redeem Tax Lien Certificate - 852 Woodfield Road WHEREAS, at the Tax Sale held on October 22nd, 2021 the Borough of Franklin Lakes sold a tax lien on Block 1303.01, Lot 4, known as 852 Woodfield Road, Franklin Lakes, NJ 07417, for delinquent 2020 taxes, property owned by Halt Properties LLC; and, Special/Work Session of the Mayor and Council Page 7 October 3, 2023 Minutes WHEREAS, this Tax Lien Certificate 421-00003 was sold to Robert Rothman Pension Plan, whose address is 411 Grand Avenue, Englewood, NJ 07631, at zero percent interest rate, and a premium of$205,000.00; and, WHEREAS, Tony Valvano, the managing member of Halt Properties LLC, has redeemed Certificate 421-00003, in the amount of$107,600.58; 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 of$312,600.58 to Robert Rothman Pension Plan, whose address is 411 Grand Avenue, Englewood, NJ 07631. Principal $ 85,326.62 Redemption Penalty 1,000.32 Tax Penalty 3,474.50 Interest 17,732.14 Recording Fee 55.00 Other Fees 12.00 Redemption Total: $107,600.58 Plus Premium: $205,000.00 Grand Total: $312,600.58 Respectfully submitted, l M. Rulli, Borough Clerk