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HomeMy Public PortalAbout2023-11-09 Work Session Meeting Minutes BOROUGH OF FRANKLIN LAKES Work Session Meeting of the Mayor and Council November 9, 2023 A work session meeting of the Mayor and Council was held at 7:30 PM on November 9, 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, Councilmember Kelly, Councilmember Lambrix, Councilmember Sheppard, Council President Bonagura, Borough Administrator Hart, Borough Attorney Smith, Affordable Housing Attorney Edwards, and Borough Clerk Rulli. Councilmember Cardenas joined by Zoom. 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 & First Responders Appointments • Patrol Officer—Christian Coia • Patrol Officer—Thomas O'Connor Code Enforcement Official (also known as Quality of Life Enforcement Officer) — Robert Tovo (effective September 5, 2023) Construction Assistant—Leah Rodgers • DPW Maintenance Worker—Paul Mondi Volunteer Fire Department Probationary Member—Jonas Seigel Motion made by Councilmember Kelly to make the above-mentioned appointments, seconded by Councilmember Ansh. Roll Call: Ayes: Ansh, Cardenas, Kelly, Lambrix, Sheppard, Bonagura Nays: Abstain: Absent: Motion Approved Mayor Kahwaty performed the swearing in for Patrol Officer Coia and Patrol Officer O'Connor. Captain McCombs thanked the Mayor & Council and Administration for their support. He read a biography for each of the officers and welcomed them "home" to the Franklin Lakes Police Department. Special/Work Session of the Mayor and Council Page 2 November 9, 2023 Minutes Public Hearing Repurpose Application for 2021 Bergen County Open Space Grant Mayor Kahwaty asked Borough Administrator Hart to provide an explanation. Mr. Hart stated at the direction of the Mayor and Council, we prepared an application to transfer a portion of the Borough's 2021 Bergen County Open Space Municipal Park Improvements Grant, which a portion of it is no longer needed. We are filing an application to the County requesting that they reallocate it to three priority projects that we've talked about quite a bit here. First being playground equipment for 2 to 5 year olds at Muni Field; then we have handicapped accessible path at Parsons Pond Park multi-purpose building from the bathrooms to the front of the building as required by code; and thirdly, dugout covers at Muni Field back here as well. So as part of that process to request the County to repurpose the grant funds we were required to hold a public hearing. So that's the purpose of the public hearing. Motion to open the hearing to the public was made by Councilmember Lambrix seconded by Councilmember Kelly. On voice vote, all in favor. Mayor Kahwaty read the rules from the bylaws and invited anyone from the public to come forward. Dana Sciascia, 137 Delaware Lane, stated I'm here again. I have been here many times along with the troops of moms to just help ensure that the vote does go through tonight as it did last council meeting. We definitely appreciate the support that the Mayor and all of the Council Members have given. I know it's been up for a lot of debate, but we definitely need the funding to go through to add the additions for the two of year olds for the playground. And I just want to make sure, that we do the right thing tonight and we continue to say yes to that matter. I'm not going to bore you with all the details because I've done that a million times, but I just want to make sure that everybody is on board with that. You know, because the power of moms is actually very, very ferocious. So you know, I want to make sure that everybody understands. This is a place that our kids go from the Library directly to the playground. And that playground specifically is used very much so for that 2 to 5 age group because they are going to Library events and then they are going to utilize that playground after. So we need to ensure that there is safe equipment for them to use, that there's 4 foot and 6 foot slides for them to use. I know there is one 4 foot slide, it's not so interesting, so we need to make sure we add some interesting elements that make the children want to stay at this playground because right now we've got a lot of crying children that go to the playground and then have to leave. I know there's been a lot of comments about walking through the woods to the other playground over by the Community Center. And if anybody would like to do that with my children, I will gladly give them to you to do that, because a 20 minute walk will be about an hour, because we'll be stopping to pick up rocks and leaves and we will never make it. So unless anybody is willing to do that with, you are happy to bring my children, I just, I really appreciate your support in adding these necessary additions and I know that many, many moms have spoken, we've written, everybody has communicated the need, so I just want to make sure that the vote does go through tonight and appreciate it. Thank you. Special/Work Session of the Mayor and Council Page 3 November 9, 2023 Minutes Mayor Kahwaty thanked Ms. Sciascia for her comments, and asked if anyone else wished to speak. Hearing nothing further, he asked for a motion to close the public hearing. Motion to close the hearing to the public was made by Councilmember Sheppard, seconded by Councilmember Ansh. On voice vote, all in favor. Mayor Kahwaty asked the Council President to please read the resolution. Resolution 265-23 County Trust Fund Repurpose Application WHEREAS, the Bergen County Open Space, Recreation, Floodplain Protection, Farmland & Historic Preservation Trust Fund(the"County Trust Fund")provides matching grants to municipal governments for assistance in the development or redevelopment of municipal recreation facilities; and, WHEREAS, the Borough of Franklin Lakes (the "Borough") had received a 2021 Trust Fund matching grant award of$75,200.00 for certain park improvements at Parsons Pond Park; and, WHEREAS, the Borough of Franklin Lakes desires to transfer $58,425 of its $75,200 2021 Trust Fund Municipal Program grant award to three park improvement projects: (1) playground equipment at the Municipal Field playground;(2)ADA accessible asphalt path from the bathrooms at the Parsons Pond Park Multipurpose building to the parking lot; and (3) dugout covers at the Municipal Field ballfield; and, WHEREAS, the governing body has reviewed the County Trust Fund Program Statement, and the Trust Fund Municipal Program Park Improvement application and instructions and desires to make such a request for use of its grant and provide application information and furnish such documents as may be required; and, WHEREAS, as part of such request, the governing body held a public hearing on the proposed transfer and use of its 2021 Trust Fund Municipal program grant award on November 9, 2023; and, WHEREAS, the County of Bergen shall determine whether the proposed request and use of the 2021 Trust Fund grant award are complete and in conformance with the scope and intent of the County Trust Fund; and, WHEREAS, the Borough is willing to use the County Trust Fund grant in accordance with such rules,regulations and applicable statutes, and is willing to enter into an agreement with the County of Bergen for the approved project; NOW THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Franklin Lakes, County of Bergen and State of New Jersey, as follows: 1. That it is hereby authorized to withdraw $58,425 of its $75,200 2021 project application to the County; and, 2. That it will submit a certified copy of this resolution along with its written request to the County Trust Fund to withdraw a portion of its 2021 project application to apply said portion of its 2021 Trust Fund grant award towards playground equipment and dugout covers at the Municipal Field and an ADA accessible path at Parsons Pond Park; and Special/Work Session of the Mayor and Council Page 4 November 9, 2023 Minutes 3. That it has, or will secure,the balance of funding necessary to complete the projects, or modify the project as necessary; and, 4. That it is committed to providing a dollar for dollar cash match for the projects; and, 5. That only those park improvements identified and approved in its Repurpose Grant application, its Trust Fund contract, or other documentation will be considered eligible for reimbursement. 6. That it agrees to comply with all applicable federal, state, and local laws, rules, and regulations in its performance of the project; and, 7. That this resolution shall take effect immediately. Resolution read and introduced by Council President Bonagura, seconded by Councilmember Sheppard. Discussion—none. Roll Call: Ayes: Ansh, Cardenas, Kelly, Lambrix, Sheppard, Bonagura Nays: Abstain: Absent: Motion Approved Ordinances for Final Reading and Adoption Motion made by Councilmember Ansh to take up Ordinance 1927 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. 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 to open the hearing to the public was made by Councilmember Lambrix, seconded by Councilmember Sheppard. On voice vote, all in favor. John Marmora, attorney with K & L Gates, representing Janet Braen and Samantha Braen, who reside at 820 and 850 Old Mill Road, stated two things came out of Judge Farrington's hearing; first, it gave the Borough 90 days to adopt the ordinance and secondly that settlements are favored over litigation. With that in mind, Mr. Marmora wants the Council to take this time to table the Ordinance until the developers, engineers, planners etc. can get together and see if this can be worked out. Mr. Marmora referenced two letters submitted, on September 25 and October 3, with objections, specifically about traffic, from multiple parties. Motion to close the hearing to the public was made by Councilmember Sheppard, seconded by Councilmember Lambrix. On voice vote, all in favor. Motion to table Ordinance 1927 was made by Councilmember Kelly, seconded by Councilmember Cardenas. Special/Work Session of the Mayor and Council Page S November 9, 2023 Minutes Mr. Edwards made a statement clarifying the 90 days allowed to pass the Ordinance cited in the Judge's decision, could also work against us. Mr. Edwards stated that the developer can also take action during this time which could make things worse or more complicated. Roll Call Vote: Ayes: Cardenas, Kelly Nays: Ansh, Lambrix, Sheppard, Bonagura Abstain: Absent: Motion Failed RESOLUTION NO. 276-23 A Resolution Adopting Ordinance No. 1927 WHEREAS, Ordinance No. 1927 entitled "An Ordinance Amending Provisions of Chapter 300 "Land Use Development" of the Code of the Borough of Franklin Lakes to establish a Mixed Use 1 District in the Borough of Franklin Lakes was introduced at a regular meeting of the Mayor and Council on September 5, 2023; and, WHEREAS, said Ordinance was published as required by law; and, WHEREAS, said Ordinance was forwarded to the Franklin Lakes Planning Board for comment as required by N.J.S.A. 40:55 B-1, et seq.; and, WHEREAS,the Planning Board provided its comments by letter from Mark Madaio,the attorney for the Planning Board, dated September 25, 2023 as permitted by N.J.S.A. 4055 B-26; and, WHEREAS, the Planning Board has commented that the proposed Ordinance is "completely consistent with the most recent amendment to the 2019 Third Round Housing Element and Fair Share Plan dated August 31, 2023 and "consistent with the goals and objective of the 2021 re- examination report of the Master Plan; and, WHEREAS, the Planning Board had further comments and suggestions, a. through L, which the Mayor and Council have reviewed and have concluded as follows: a. The definition of federal use is adequate and consistent with the settlement agreement and adequately describes the proposed use. b. The standards for the proposed "federal use" are reasonable and adequately detailed to accomplish the controls and limitations intended and are similar to standards established for other uses within the Borough. c. Design standards are reasonable and adequate to minimize impacts on adjacent properties. d. Permitted building height is reasonable considering the location of the site. e. Permitted signage is reasonable but is proposed to be reviewed in the future and adjusted as appropriate once a detailed site plan is submitted. f. Impact on schools has been considered and provided for as appropriate and as permitted by law in the ordinance. g. 3.5 acre property is sufficient and adequate for the intended purpose. Special/Work Session of the Mayor and Council Page 6 November 9, 2023 Minutes h. Setbacks are adequate as per the advice of the municipal planner. i. Weight limits for trucks. All present restrictions on weight limits set by Section 470-10 of the Borough's Code which prohibits trucks in excess of 5 tons from utilizing all Borough controlled roadways except when picking up and or delivering materials to a location on a street in the Borough shall remain. In addition, trucks over 5 tons delivering to the Hekemian property shall not be permitted on Old Mill Road from Pulis Ave to the entrance to the site. j. The use of the term "warehouse" is a typo and has been corrected to read "federal use". k. Buffering and screening have been addressed and once a site plan is presented, additional buffering and screening can be considered. 1. Removal of existing buildings must be accomplished in accordance with state and federal regulations. It's not necessary to repeat this requirement in the ordinance; and THEREFORE IT IS HEREBY RESOLVED by the Mayor and Council of the Borough of Franklin Lakes that Ordinance 1927 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 notice of adoption as required by law. Resolution read by title and introduced by Councilmember Sheppard, seconded by Council President Bonagura. Discussion—none. Roll Call: Ayes: Ansh, Lambrix, Sheppard, Bonagura Nays: Cardenas, Kelly Abstain: Absent: Motion Approved Time for Public Comment Motion to open the time for public comment was made by Councilmember Sheppard, seconded by Council President Bonagura. On voice vote, all in favor. Sheila Brown, 15 High Street, Mahwah, stated that it is not only Franklin Lake's residents who will be affected, it extends to other towns. She is concerned with traffic and the devaluation of property in her neighborhood by allowing certain businesses to be built. Doug Skolnick, 828 Stonewall Court, stated he is a voter, resident and taxpayer for the last four decades and is concerned with what this project will do to the quality of life. He stated he understands how Mount Laurel works,but wishes the Council would have regard for the residents' concerns and would continue to fight this. Donille Perrone, 766 Old Mill Road, stated she came to Franklin Lakes as a single parent and she doesn't feel it will be safe for her child due to tractor trailers etc. and feels the town is being destroyed by this project. Special/Work Session of the Mayor and Council Page 7 November 9, 2023 Minutes Motion to close the time for public comment was made by Councilmember Sheppard, seconded by Council President Bonagura. On voice vote, all in favor. Mayor Kahwaty asked the community to understand that he and the Council do not welcome these developments. He spoke about Mt. Laurel affecting all the towns in New Jersey and stated the current and former Mayors and Councils have worked very hard to work to reduce the issues since they cannot eliminate them. Councilmember Lambrix stated it comes down to risk reward calculations. He doesn't want this project nor does the Council. He stated they are trying to minimize the impact and further delays will only make this worse if we get into litigation. Council President Bonagura echoed Mayor Kahwaty and Councilmember Lambrix's statements. He stated he feels the problem is the doctrine of Mt Laurel. He lived on Woodside Avenue when IBM went in and it was a disaster. The Mayor and Council are keeping in mind that the numbers could be staggering if they end up under builders remedy. Councilmember Sheppard discussed Mill Pond, which was zoned for twenty units and the builder wanted to build thirty. They filed and won a builders remedy and the courts allowed them to build one hundred units. The Cigna property could be 1,200 units, and if office space wanted to come in we would have to allow them. Councilmember Ansh stated that this is a State problem. We came through a fairness hearing and it took a lot of work to get through. If we go back into court, even with all the people on our side, the court will not be on our side and the decision that comes down will not be favorable. No one is happy about the increase in residential units. Councilmember Cardenas stated it is about politics at the State level. She asked if every person in the room voted and stated people need to make educated decisions when voting and we should all encourage friends and family to vote. Engineers Report Eileen Boland reported that in 2017 a traffic signal at McCoy Road was considered. She recommended it be revisited with the County due to the upcoming development. Mr. Hart stated the development in Oakland was recently sold, and the Borough will request the County to explore a traffic signal. Mr. Edwards left the meeting at 8:33 PM. Council President Bonagura asked Ms. Boland about Franklin Lakes Road and the layout of the fire hydrants on road. Ms. Boland stated having a hose across the roadway is an issue. Discussion ensued on connections, code issues, and the Fire Marshall's recommendations. Ms. Boland stated the water company is coming out to clean roadway where the water main break was. Special/Work Session of the Mayor and Council Page 8 November 9, 2023 Minutes Mr. Hart discussed the Hold Harmless Agreement for 821 Aztec Trail. Ms. Boland explained that there was new construction and the neighbors were affected by rain run-off. It was suggested that connecting to the storm drain would mitigate the flooding on neighbors. There being no objections, this will be placed on the November 2 1" agenda. Consent Agenda Resolution 266-23 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 267-23 Accept Report of Finance Committee Resolution 268-23 Approve Franklin Manor Payments in Lieu of Municipal Services Resolution 269-23 Award Contract—Snowplowing Resolution 270-23 Designate Enforcement Officers Resolution 271-23 Emergency Tree Removal Resolution 272-23 Settlement of Tax Appeal—993 Clark Road Resolution 273-23 Tax Refund—400 Saddle Back Trail Resolution 274-23 Budget Transfer Resolution 275-23 Budget Transfer—Sewers Resolution read and introduced by Council President Bonagura, seconded by Councilmember Sheppard. Roll Call Vote: Ayes: Ansh, Cardenas, Kelly, Lambrix, Sheppard, Bonagura, Nays: Abstain: Absent: Motion Approved Committee/Liaison Reports Environment& Community Affairs/Library Councilmember Cardenas reported that the Environmental Commission met and discussed recycling, the community garden, the recycling facility in Oakland and potential traffic in the Borough. The Board of Education hired James Baker as interim superintendent until a permanent Superintendent is found. The Library Board of South Orange is joining the Bergen County Cooperative of Library Services. The Library installed a new timeclock for electronic paystubs. Renovation plans continue. Digitalizing of the policy manual is almost completed. The Shade Tree Commission met and discussed a tree in memory of Richard Re. The Board of Health food inspections and license renewals continue. Martin Spence is completing inspections within a week. Tyco will remove deceased wildlife,but it will now be billed to the County, instead of the Borough. Seventy people attended the flu shot clinic. Special/Work Session of the Mayor and Council Page 9 November 9, 2023 Minutes Public Safety • Fire Department Recruitment and Retention Council President Bonagura reported that the Fire Chief is working on getting volunteers and stipends in place. There is a plan to put in a bunk room at the fire house and anticipates stipend plan and bunks may help get people to volunteer. He stated an example would be maybe $300.00 per person per response, which sounds like a lot but if we have to go to a paid fire department it'll be a lot more. • Police Private Duty Rates Mr. Hart spoke about Police Private Duty Rates. He reviewed the results of his survey of neighboring towns. He stated the overtime rate is sometimes a disincentive for newer police officers. Council President Bonagura stated going to outside services could be more and recommends accepting $95 per hour and to amend the ordinance accordingly. Council President Bonagura stated the Ambulance Corps response times and a shortage of volunteers has created problems. He recently spoke with Valley Hospital who offered to give us a Basic Life Support Ambulance and 24 hour support from their team. Council President Bonagura stated he wants to see 10 minute or less response times. Valley stated they could have an Ambulance in place tomorrow and also have Advanced Life Support. They could make Franklin Lakes a substation and take on volunteers from Franklin Lakes, with the stipulation that they have to be certified by Valley and they would pay the volunteers. Residents would be billed for services. Mr. Hart stated the Ambulance Corps has not been consulted on this yet and these ideas are very preliminary. He stated we must engage volunteers and understand that our Ambulance Corps would not be dedicated to Franklin Lakes. He noted there are many small details to work out before considering this option and he will look into it further. Planning and Development • Amendments to Tree Ordinance Councilmember Sheppard met with the Tree Specialist to discuss and amend the tree ordinance. There is currently a lot of construction in town and many developers are repeat offenders, who are not putting the trees back. They discussed increasing the cost for repeat offenders to help discourage clear cutting of lots. Mr. Hart stated some items in the ordinance are requirements of the storm water management permit process, and added other provisions will be added to tighten up bonding requirements. Mr. Hart stated the ordinance will be cleaned up for introduction at the November 21 agenda. Councilmember Ansh stated that shade trees are being replaced with arborvitae, which are not the same. Special/Work Session of the Mayor and Council Page 10 November 9, 2023 Minutes Councilmember Sheppard added we are endeavoring to tighten up all of our building ordinances. Mayor Kahwaty clarified the addition of fines,jail time and community service. Councilmember Sheppard to continue to work on and Mr. Hart will list this for introduction. Administration and Finance • Review of Best Practices Inventory Mr. Hart explained the Best Practices Inventory process. 0 Use of Ambulance Corps/OEM Buildings —Activities Unlimited Discussion ensued regarding use of OEM/Ambulance Corps for Activities Unlimited. There being no objections, this will be placed on the next agenda for approval. Public Works Councilmember Kelly reported all is going well and they hired new maintenance worker. He was a member of team as temporary worker prior to becoming full time. Parks and Recreation Councilmember Ansh reported on soccer, flag football, and kindergarten soccer haven't started yet because of all the rain. The Boosters raised $2,000 at the snack stand; Eats and Beats has been cancelled for this year and will be planned again for next year;the Trunk&Treat was held indoors. The Menorah Lighting is coming up; the swap shed was delivered; and the blood drive was held two weeks ago. Cigna had outdoor teak furniture which we acquired for Bud's Meadow. Councilmember Kelly added that all three groups, Pee Wees, Juniors, and Senior football teams got into the playoffs. The cheering season has started and the first competitive cheer competition is in January. • Facilities Use Permit—Chabad Jewish Center There being no objections, Mr. Hart stated the Facilities Use permit will be on the November 21 agenda for approval. Mayor's Report Mayor Kahwaty reported he was invited to Shabbat and at each seat there was a picture of a hostage. Everyone was asked to take home the picture and to pray for the hostage. He reassured all groups that we are doing what we can to avoid any conflicts in the Borough. Special/Work Session of the Mayor and Council Page 11 November 9, 2023 Minutes Borough Administrator's Report Mr. Hart had no additional report. Councilmember Lambrix asked if the utilities that operate in town have been advised about the start time. Mr. Smith stated we can communicate with Public Service to let them know we have an ordinance that states those rules. Old Business None New Business None Introduction of Ordinances on First Reading Motion to take up consideration of Ordinance 1930 for Introduction, and direct the Borough Clerk to read by title was made by Councilmember Sheppard, seconded by Councilmember Cardenas. On voice vote, all in favor. The Borough Clerk read the Ordinance by title only. ORDINANCE NO. 1930 AN ORDINANCE AMENDING CHAPTER 71 "OFFICERS AND EMPLOYEES" AND CHAPTER 373 "PROPERTY MAINTENANCE" OF THE CODE OF THE BOROUGH OF FRANKLIN LAKES TO CLARIFY PROVISIONS RELATING TO THE CODE ENFORCEMENT OFFICIAL WHEREAS, Ordinance 1930 was introduced at a meeting of the Mayor and Council held on the 9'h day of November, 2023; NOW THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Franklin Lakes, County of Bergen, State of New Jersey, that Ordinance 1930 be and the same is hereby introduced on First Reading; and, BE IT FURTHER RESOLVED that said Ordinance 1930 will be further considered for final passage at a meeting of the said Mayor and Council to be held on the 5 h day of December, 2023, at 7:30 p.m. in the evening or as soon thereafter as the matter can be reached in the Conference Room at Borough Hall, 480 DeKorte Drive, Franklin Lakes, New Jersey, at which time and place all persons who may be interested will be given an opportunity to be heard regarding Ordinance 1930; and, BE IT FINALLY RESOLVED that the Borough Clerk is hereby authorized and directed to publish the Introduction and Notice of Hearing as required by Law. Special/Work Session of the Mayor and Council Page 12 November 9, 2023 Minutes Resolution read and introduced by Councilmember Sheppard, seconded by Councilmember Lambrix. Discussion - Councilmember Sheppard asked Borough Attorney Smith if he was allowed to vote on this matter despite the fact that he will not hold this position at the next meeting due to Ms. DeLuccia winning this seat at the recent election. Mr. Smith confirmed they may both vote on this matter. Roll Call Vote: Ayes: Ansh, Cardenas, Kelly, Lambrix, Sheppard, Bonagura, Nays: Abstain: Absent: Motion Approved Motion to take up consideration of Ordinance 1931 for Introduction, and direct the Borough Clerk to read by title was made by Councilmember Sheppard, seconded by Councilmember Ansh. On voice vote, all in favor. The Borough Clerk read the Ordinance by title only. ORDINANCE NO. 1931 AN ORDINANCE AMENDING CHAPTER 135 "AFFORDABLE HOUSING" OF THE CODE OF THE BOROUGH OF FRANKLIN LAKES TO CORRECT THE DESIGNATION OF THE HOUSING REGION WHEREAS, Ordinance 1931 was introduced at a meeting of the Mayor and Council held on the 9'h day of November, 2023; NOW THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Franklin Lakes, County of Bergen, State of New Jersey, that Ordinance 1931 be and the same is hereby introduced on First Reading; and, BE IT FURTHER RESOLVED that said Ordinance 1931 will be further considered for final passage at a meeting of the said Mayor and Council to be held on the 5 h day of December, 2023, at 7:30 p.m. in the evening or as soon thereafter as the matter can be reached in the Conference Room at Borough Hall, 480 DeKorte Drive, Franklin Lakes, New Jersey, at which time and place all persons who may be interested will be given an opportunity to be heard regarding Ordinance 1931; and, BE IT FINALLY RESOLVED that the Borough Clerk is hereby authorized and directed to publish the Introduction and Notice of Hearing as required by Law. Resolution read and introduced by Councilmember Sheppard, seconded by Councilmember Ansh. Discussion — Mr. Hart explained this ordinance corrects an error in the description of the region Franklin Lakes is in. Special/Work Session of the Mayor and Council Page 13 November 9, 2023 Minutes Roll Call Vote: Ayes: Ansh, Lambrix, Sheppard, Bonagura Nays: Cardenas, Kelly Abstain: Absent: Motion Approved 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 Thursday, November 9, 2023 which begins at 7:30 PM, in the Council Chambers at the Municipal Building to discuss the following: • Collective Bargaining—PBA • Contractual—Cell Tower Lease 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 9:28 PM by Council President Bonagura, seconded by Councilmember Cardenas. On voice vote, all in favor. The Mayor and Council returned to open session at 9:40 PM. Adiournment Motion to adjourn the meeting was made at 9:40 PM by Councilmember Sheppard, seconded by Councilmember Kelly. On voice vote, all in favor. Roll Call Vote: Ayes: Ansh, Cardenas, Kelly, Lambrix, Sheppard, Bonagura, Nays: Abstain: Absent: Motion Approved Resolution 267-23 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 $7,862,721.22 as shown on the Claims Bill List; $495.00 as shown on the Developers Escrow List; and $4,635.00 as shown on the Soil Account Bill List. Special/Work Session of the Mayor and Council Page 14 November 9, 2023 Minutes BE IT FURTHER RESOLVED, that the payroll of October 26, 2023 in the amount of $304,547.97 be hereby ratified and approved. Resolution 268-23 Approve Franklin Manor Payments in Lieu of Municipal Services BE IT RESOLVED, by the Mayor and Council of the Borough of Franklin Lakes that the Mayor and Borough Clerk are hereby authorized to sign an agreement with Franklin Manor Properties, LLC for payments in lieu of municipal services for the period January 1, 2024 through December 31, 2024. Resolution 269-23 Award Contract— Snowplowing WHEREAS, the Borough of Franklin Lakes advertised for and opened bids for snowplowing services on October 31, 2023; and, WHEREAS,the Mayor and Council wish to award this contract to the lowest responsible bidder; and, WHEREAS, one snowplowing contractor submitted a bid; and, WHEREAS, the Superintendent of Public Works and Borough Administrator have reviewed the bid submitted and have determined that the bid meets the specifications. NOW, THEREFORE, BE IT RESOLVED that the contract for snowplowing services be and is hereby awarded to Cipriano Enterprises, Inc. dba RFC Excavating & Landscape Construction, 74 Ethel Avenue, Hawthorne, NJ 07506 for the 2023/2024 and 2024/2025 plowing seasons, with a Borough option for two additional one season periods at the following rates: • 2023-2024 One Season $215 per hour per vehicle • 2024-2025 One Season $221 per hour per vehicle • 2025-2026 One Season Borough Option $228 per hour per vehicle • 2026-2027 One Season Borough Option $235 per hour per vehicle 0 Standby Rate 70% of rate in proposal • Rental of Rubber-Tired Loader $275 per hour for entire term of contract BE IT FURTHER RESOLVED that a Certification of Funds has been prepared and authorized by the Chief Financial Officer for the said contract assuring that there are sufficient appropriations to fund the purchases authorized in this resolution as an express and mandatory condition of the award of this contract, subject to appropriation in the Borough's operating budgets in future years; and, BE IT FURTHER RESOLVED that the Mayor and Borough Clerk are hereby authorized to sign the contract documents necessary to effectuate the award of this contract; and, BE IT FINALLY RESOLVED that a copy of this resolution be forwarded to Cipriano Enterprises, Inc. and the Superintendent of Public Works. Special/Work Session of the Mayor and Council Page 15 November 9, 2023 Minutes Resolution 270-23 Designate Enforcement Officers BE IT RESOLVED that the Zoning Officer, Construction Official, Code Enforcement Official, Superintendent of Public Works, and all members of the Police Department shall be designated as the enforcement officers to enforce the provisions of Chapter 220 "Uniform Construction Codes"; Chapter 425 "Streets and Sidewalks"; Chapter 300 "Land Use and Development"and Chapter 373 "Property Maintenance" of the Code of the Borough of Franklin Lakes, and that the Zoning Officer, the Construction Official, Code Enforcement Official, Superintendent of Public Works, and all members of the Police Department shall cause persons, firms or corporations in violation thereof, to be prosecuted. Resolution 271-23 Emergency Tree Removal WHEREAS, there were several trees located on Fireman's Field on Franklin Avenue in Franklin Lakes that were a danger to the public and required removal; and WHEREAS, the Superintendent of Public Works explained in an October 27, 2023 email "I had to have trees removed as soon as possible. The locations are where children play and did not want to risk injury."; 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 that an emergency affecting public health, safety and welfare exists requiring the immediate contracting for these services; and, WHEREAS, the Borough received a proposal for the tree removal from Branch to Branch Tree Service, 637 Wyckoff Avenue, Wyckoff, New Jersey 07481, for the amount of$10,900; 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 tree removal be and is hereby awarded to Branch to Branch Tree Service, for the proposal amount of$10,900; and, BE IT FURTHER RESOLVED that the Chief Financial Officer has certified the availability of funds for this contract, Account: Tree Escrow Fund Account Number: 3-13-55-850-000 Certification of Funds: William G. Pike, Chief Financial Officer Special/Work Session of the Mayor and Council Page 16 November 9, 2023 Minutes BE IT FINALLY RESOLVED that a copy of this resolution be forwarded to Branch to Branch Tree Service and the Superintendent of Public Works. Resolution 272-23 Settlement of Tax Appeal—993 Clark Road Block: 1314.06 Lot: 5 Street Address: 993 Clark Road Owner: Kenneth and Margaret Davis WHEREAS, an appeal of the tax assessment for the year(s) 2019 and 2020 has been filed for the above-noted property; and, WHEREAS, an adjustment in the assessed value has been recommended by the Tax Assessor of the Borough of Franklin Lakes, and it is believed that these adjustments will cause the assessment to reflect the actual fair market value of said property as reflected by comparable sales; and, WHEREAS, the Municipal Assessor will reduce the assessment for the year 2024 to $1,100,000; and therefore IT IS HEREBY RESOLVED by the Mayor and Council of the Borough of Franklin Lakes that the tax assessment for the above-referenced property is hereby adjusted for the following year(s), and the Borough Attorney is authorized to execute an appropriate Stipulation of Settlement agreeing to the entry of a judgment reflecting these adjustments. Tax Year: 2019 Original Assessment Tax Court Judgment Land $ 442,000 $ 442,000 Improvements $ 943,000 $ 858,000 Total $1,385,000 $1,300,000 Tax Year: 2020 Original Assessment Tax Court Judgment Land $ 442,000 $ 442,000 Improvements $ 943,000 $ 833,000 Total $1,385,000 $1,275,000 Resolution 273-23 Tax Refund—400 Saddle Back Trail 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 1510.02, Lot 1, known as 400 Saddle Back Trail, which is owned by Implicito, Dante A and Christine; and, Special/Work Session of the Mayor and Council Page 17 November 9, 2023 Minutes 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 1510.02 1 $ 81,600 (2020) $ 1,344.77 1510.02 1 $ 81,600 (2021) $ 1,356.19 1510.02 1 $ 131,000 (2022) $ 2,218.78 Total Refund $4,919.74 All checks made payable to: Spiotti & Associates, P.C. Attorney Trust Account P.O. Box 30 Midland Park, NJ 07432 Resolution 274-23 Budget Transfer BE IT RESOLVED, by the Mayor and Council of the Borough of Franklin Lakes that the following 2023 Budget Transfers be made for the following accounts: From From To Litigation 77,900 To Tax Assessor OE 4,000 Telecommunications 5,000 Street Lighting 5,000 Office Emergency Mgt OE 600 Board of Health OE 11,600 Shade Tree Contractual 5,000 Municipal Clerk OE 10,000 Municipal Clerk S&W 12,000 Tax Assessor S&W 500 Engineering Services S&W 1,500 Planning Board S&W 200 Electrical Inspector S&W 17,500 Recreation S&W 5,000 77,900 77,900 Special/Work Session of the Mayor and Council Page 18 November 9, 2023 Minutes Resolution 275-23 Budget Transfer - Sewers BE IT RESOLVED, by the Mayor and Council of the Borough of Franklin Lakes that the following 2023 Budget Transfers be made for the following accounts: From From To Sewer Utility OE 2,400 To Sewer Utility-NWBCUA S/C 2,400 2,400 2,400 Respectfully submitted, (74�) - - -�4. -'� . a M. Rulli, Borough Clerk