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HomeMy Public PortalAbout2023-11-21 Regular Meeting Minutes BOROUGH OF FRANKLIN LAKES Regular Meeting of the Mayor and Council November 21, 2023 A regular meeting of the Mayor and Council was held at 7:30 PM on November 21, 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 Cardenas, Councilmember Kelly, Councilmember Lambrix, Councilmember Sheppard, Council President Bonagura, Borough Administrator Hart, Borough Attorney Smith and Borough Clerk Rulli. 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 Appointments • Fire Inspector—Khaleel Thomas Mr. Hart stated Mr. Thomas gave an impressive interview and is a good addition to the Borough to replace a Fire Inspector who resigned. Motion made by Council President Bonagura to make the above-mentioned appointment, seconded by Councilmember Kelly. Roll Call Vote: Ayes: Ansh, Cardenas, Kelly, Lambrix, Sheppard, Bonagura Nays: Abstain: Absent: Motion Approved Ordinances for Final Reading and Adoption Motion made by Councilmember Sheppard to take up Ordinance 1928 for consideration of adoption on second and final reading, and direct the Borough Clerk to read by title, seconded by Councilmember Ansh. On voice vote, all in favor. Regular Meeting of the Mayor and Council Page 2 November 21, 2023 Minutes The Borough Clerk read the Ordinance by title only. ORDINANCE NO. 1928 AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 220 "UNIFORM CONSTRUCTION CODES", CHAPTER 259 "FIRE PREVENTION" AND CHAPTER 495 "ZONING PERMITS" OF THE CODE OF THE BOROUGH OF FRANKLIN LAKES TO ESTABLISH REQUIREMENTS UPON CHANGE OF OCCUPANCY AND FEES FOR LEAD-BASED PAINT INSPECTIONS Councilmember Sheppard read the Ordinance by summary: This ordinance amends provisions relating to inspection requirements upon the transfer ofproperty and establishes a fee scheduled for lead-based paint inspections. WHEREAS, Ordinance 1928 was introduced at a meeting of the Mayor and Council held on the 17'h day of October, 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. 1928 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. Motion to open the hearing to the public was made by Councilmember Lambrix, seconded by Councilmember Cardenas. On voice vote, all in favor. Mike Guttoso, 168 Birch, inquired if only the Ordinance was being discussed during this public hearing, which was affirmed by Mayor Kahwaty. Motion to close the hearing to the public was made by Councilmember Kelly, seconded by Councilmember Lambrix. On voice vote, all in favor. Resolution read and introduced by Councilmember Sheppard, seconded by Councilmember Kelly. Discussion -none. Roll Call Vote: Ayes: Ansh, Cardenas, Kelly, Lambrix, Sheppard, Bonagura Nays: Abstain: Absent: Motion Approved Motion made by Councilmember Sheppard to take up Ordinance 1929 for consideration of adoption on second and final reading, and direct the Borough Clerk to read by title, seconded by Councilmember Cardenas. On voice vote, all in favor. The Borough Clerk read the Ordinance by title only. Regular Meeting of the Mayor and Council Page 3 November 21, 2023 Minutes ORDINANCE NO. 1929 AN ORDINANCE SUPPLEMENTING CHAPTER 420 "STORMWATER CONTROL" OF THE CODE OF THE BOROUGH OF FRANKLIN LAKES TO REGULATE PRIVATELY-OWNED SALT STORAGE Councilmember Kelly read the ordinance summary: This ordinance establishes requirements for privately-owned salt storage in accordance with New Jersey Department of Environmental Protection regulations. WHEREAS, Ordinance 1929 was introduced at a meeting of the Mayor and Council held on the 17'h day of October, 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. 1929 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. Motion to open the hearing to the public was made by Councilmember Lambrix, seconded by Councilmember Sheppard. On voice vote, all in favor. No one from the public came forward at this time. Motion to close the hearing to the public was made by Councilmember Sheppard, seconded by Councilmember Kelly. On voice vote, all in favor. Resolution read and introduced by Councilmember Kelly, seconded by Councilmember Cardenas. Discussion—none. Roll Call Vote: Ayes: Ansh, Cardenas, Kelly, Lambrix, Sheppard, Bonagura 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 Lambrix. On voice vote, all in favor. Mike Guttuso, 168 Birch Road, thanked the Mayor and Council for the opportunity to speak. He stated he never felt the need to come before the Council on regular basis; however, in the last ten months or so, he and other residents have been concerned with how the Mayor and Council are Regular Meeting of the Mayor and Council Page 4 November 21, 2023 Minutes operating; stated there is a divide within the Council and he hopes it heals; stated this is not how we want to act as a community; and that he has many questions and concerns regarding Hekemian and the previous project on McCoy Road. He asked whether or not anyone on the Council was authorized to negotiate directly with Hekemian. Motion to close the time for public comment was made by Councilmember Kelly, seconded by Councilmember Cardenas. On voice vote, all in favor. Mayor Kahwaty asked if any member of the Council wished to comment. There being none, Mayor Kahwaty stated that the negotiations are through respective Counsels as directed by Borough procedure. Councilmember Lambrix asked to pull Approve Memorandum of Agreement with DPW Worker from the consent agenda. No objections. Consent Agenda Resolution 277-23 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 278-23 Accept Report of Finance Committee Resolution 279-23 Approve Facilities Use Permit—Chabad Jewish Center Resolution 280-23 Approve Mountain Shadows Agreement-Payment in Lieu of Snowplowing Resolution 281-23 Approve Use of Ambulance Corps&OEM Buildings-Activities Unlimited Resolution 282-23 Authorizing the Utilization of Competitive Contracting for the Procurement of Consulting Services Resolution 283-23 Confirming Adoption of Resolution 276-23 Resolution 284-23 Hold Harmless Agreement—821 Aztec Trail Resolution 285-23 Online Auction - GovDeals Resolution 286-23 Refund Duplicate Tax Payment—25 Silent Nest Way Resolution 287-23 Renew Bergen Municipal Employee Benefits Fund Resolution 288-23 Shared Services Agreement—Lending of Vehicles and Equipment Resolution 289-23 Budget Transfers Resolution 290-23 Chapter 159 2023 Private Donation - Randi & Scott Pomerantz Resolution 291-23 Chapter 159 2023 Private Donation - Heart of Gold 5K Run and Walk Resolution 292-23 Chapter 159 2023 Donation - National Opioids Settlement FD Trust Resolution read and introduced by Council President Bonagura, seconded by Councilmember Sheppard. Roll Call Vote: Ayes: Ansh, Cardenas (except R283-23), Kelly (except R283-23), Lambrix, Sheppard, Bonagura Nays: Cardenas, Kelly (R283-23 Confirming Adoption of R276-23) Abstain: Regular Meeting of the Mayor and Council Page S November 21, 2023 Minutes Absent: Motion Approved Resolution 293-23 Facilities Use Permit—Academy of the Most Blessed Sacrament WHEREAS, Academy of the Most Blessed Sacrament has requested the use of the McBride Field for its Annual Reindeer Run to be held from 9 a.m. to 2:30 p.m. on Saturday, December 16, 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 Academy of the Most Blessed Sacrament is hereby granted permission to use Borough facilities, McBride Field, for its Annual Reindeer Run to be held from 9 a.m. to 2:30 p.m. on Saturday, December 16, 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 Academy of the Most Blessed Sacrament and the Community Director. Resolution read and introduced by Council President Bonagura, seconded by Councilmember Kelly. Roll Call Vote: Ayes: Ansh, Cardenas, Kelly, Lambrix, Sheppard, Bonagura Nays: Abstain: Absent: Motion Approved Resolution to Approve Memorandum of Agreement with DPW Worker 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 is hereby authorized and directed to sign a Memorandum of Agreement between the Borough, DPW Maintenance Worker Abel Torres and AFSCME, which provides for the repayment by Mr. Torres of salary amounts that were inadvertently paid to him by the Borough, which terms are incorporated by reference herein; and, BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to Abel Torres, AFSCME and the Chief Financial Officer. Resolution read and introduced by Councilmember Lambrix. Regular Meeting of the Mayor and Council Page 6 November 21, 2023 Minutes Mr. Smith recommended holding this resolution until after closed session. He stated it falls under Attorney Client Privilege and therefore doesn't feel it necessary to Rice Notice Mr. Torres. The Mayor and Council agreed to remove it from the agenda and discuss in closed session. Action on Minutes October 3, 2023 Work Session October 10, 2023 Special October 10, 2023 Special Closed October 10, 2023 Work Session Closed October 17, 2023 Closed Motion to accept the minutes was made by Councilmember Cardenas, and seconded by Councilmember Kelly. Roll Call Vote: Ayes: Ansh, Cardenas, Kelly, Lambrix, Sheppard, Bonagura Nays: Abstain: Absent: Motion Approved Old Business Councilmember Lambrix reviewed a significant increase in garbage collection costs and discussed researching the possibility of bringing garbage collection in house. Mr. Hart referenced the resolution for consulting services approved on consent and stated the consultant report will provide further analysis and expects to have more information in the spring. Councilmember Sheppard stated he and Councilmember Ansh discussed a bill that was approved for emergency tree removal at Firemans' Field. He is working with Mr. Hart to understand what constitutes emergency tree removal and spoke about conflicting opinions as to whether the trees were in the County right of way. Councilmember Sheppard stated would like to put a process in place for this type of situation moving forward. Mr. Hart and Councilmember Sheppard will continue to look into this. New Business Mayor Kahwaty noted that this is Councilmember Sheppard's last Council meeting for a few weeks, congratulated him on his service to date, and said everyone is looking forward to his return. Councilmember Cardenas stated that at the Environmental Commission meeting, Carole Holden handed out a sample resolution from ANJAC looking for municipalities to oppose the expansion of the NJ Turnpike. Councilmember Cardenas explained the expansion project and the cost, and stated the Commission would like to know if the Mayor and Council would consider adopting this resolution. Councilmember Cardenas will obtain additional information. Regular Meeting of the Mayor and Council Page 7 November 21, 2023 Minutes Introduction of Ordinances on First Reading Motion to take up consideration of Ordinance 1932 for Introduction, and direct the Borough Clerk to read by title was made by Councilmember Kelly, seconded by Councilmember Lambrix. On voice vote, all in favor. The Borough Clerk read the Ordinance by title only. ORDINANCE NO. 1932 AN ORDINANCE AMENDING PROVISIONS OF CHAPTER 300 "LAND USE AND DEVELOPMENT" OF THE CODE OF THE BOROUGH OF FRANKLIN LAKES TO AMEND PROVISIONS RELATING TO TREE REMOVAL AND REPLACEMENT WHEREAS, Ordinance 1932 was introduced at a meeting of the Mayor and Council held on the 21" 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 1932 be and the same is hereby introduced on First Reading; and, BE IT FURTHER RESOLVED that said Ordinance 1932 will be further considered for final passage at a meeting of the said Mayor and Council to be held on the 191h day of December, 2023, at 7:30 p.m. in the evening or as soon thereafter as the matter can be reached in the Council Chambers 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 1932; 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 Council President Bonagura. Discussion - none. Roll Call Vote: Ayes: Ansh, Cardenas, Kelly, Lambrix, Sheppard, Bonagura Nays: Abstain: Absent: Motion Approved Motion to take up consideration of Ordinance 1933 for Introduction, and direct the Borough Clerk to read by title was made by Council President Bonagura, seconded by Councilmember Sheppard. On voice vote, all in favor. The Borough Clerk read the Ordinance by title only. Regular Meeting of the Mayor and Council Page 8 November 21, 2023 Minutes ORDINANCE NO. 1933 AN ORDINANCE AMENDING CHAPTER 89 "POLICE DEPARTMENT" OF THE CODE OF THE BOROUGH OF FRANKLIN LAKES TO AMEND PRIVATE DUTY RATE WHEREAS, Ordinance 1933 was introduced at a meeting of the Mayor and Council held on the 21" 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 1933 be and the same is hereby introduced on First Reading; and, BE IT FURTHER RESOLVED that said Ordinance 1933 will be further considered for final passage at a meeting of the said Mayor and Council to be held on the 191h day of December, 2023, at 7:30 p.m. in the evening or as soon thereafter as the matter can be reached in the Council Chambers 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 1933; 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 Council President Bonagura, seconded by Councilmember Cardenas. Discussion ensued addressing administrative costs. Councilmember Ansh asked for the percentage we are paid and Mr. Hart replied there is 15% administrative fee. Councilmember Lambrix commented that he will vote in favor of this; however, he is not convinced that this $10 differential is the reason our officers are not taking part in the off duty work. He suggested creating a report for the year to see if the responsiveness has changed. Council President Bonagura agreed with Councilmember Lambrix. Discussion ensued on how that might be tracked. Mr. Hart to obtain Captain McCombs' input. Roll Call Vote: Ayes: Ansh, Cardenas, Kelly, Lambrix, Sheppard, Bonagura Nays: 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 Tuesday, November 21, 2023 which begins at 7:30 PM, in the Council Chambers at the Municipal Building to discuss the following: Regular Meeting of the Mayor and Council Page 9 November 21, 2023 Minutes • Collective Bargaining—PBA • Personnel —Police Chief • Personnel—Quality of Life Enforcement Officer • Personnel —Unused Sick Leave • Personnel —DPW Worker 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 8:08 PM by Council President Bonagura, seconded by Councilmember Kelly. On voice vote, all in favor. The Mayor and Council moved to the Conference Room for the Closed Session and returned to open session at 9:32 PM. Resolution 294-23 Approve Memorandum of Agreement with DPW Worker Resolution read by title 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 Adiournment Motion to adjourn the meeting was made at 9:33 PM by Councilmember Kelly, seconded by Councilmember Lambrix. On voice vote, all in favor. Resolution 278-23 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 $366,475.52 as shown on the Claims Bill List; $2,201.50 as shown on the Soil Account Bill List; and $1,245.70 as shown on the Developers Escrow List. BE IT FURTHER RESOLVED, that the payroll of November 9, 2023 in the amount of $314,747.76 and the payroll of November 23, 2023 paid on November 22, 2023 in the amount of $317,984.05 be hereby ratified and approved. Regular Meeting of the Mayor and Council Page 10 November 21, 2023 Minutes Resolution 279-23 Approve Facilities Use Permit—Chabad Jewish Center WHEREAS, Chabad Jewish Center has requested the use of the Borough Hall Front Yard and Memorial Park for its Chanukah Celebration to be held from 4:00 p.m. to 5:00 p.m. on Sunday, December 10, 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 Chabad Jewish Center is hereby granted permission to use Borough facilities, Borough Hall Front Yard and Memorial Park, for its Chanukah Celebration to be held from 4:00 p.m. to 5:00 p.m. on Sunday, December 10, 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 Chabad Jewish Center and the Community Director. Resolution 280-23 Approve Mountain Shadows Agreement—Payment in Lieu of Snowplowing 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 to sign an agreement with Mountain Shadows Condominium Association, Inc. for payments in lieu of providing snowplowing services for the period from October 1,2023 through September 30, 2024, for the amounts specified therein; and BE IT FINALLY RESOLVED that a copy of this resolution be forwarded to Mountain Shadows Condominium Association, Inc., and the Superintendent of Public Works. Resolution 281-23 Approve Use of Ambulance Corps & OEM Buildings —Activities Unlimited WHEREAS, Activities Unlimited has requested the use of the Ambulance Corps building on the second Wednesday of each month during the 2024 calendar year for it's club meetings, and use of the OEM Building meeting room when the Ambulance Corps is not available; and, WHEREAS, pursuant to Borough Code Section 356-34, the Mayor and Council may, by resolution, allow use by organizations that have less than a majority of their membership that are Franklin Lakes residents "in accordance with such terms and conditions as may be set forth in the resolution approving said use"; NOW THEREFORE, BE IT RESOLVED, that the request to use the Ambulance Corps Building or the OEM Building on the second Wednesday of each month from 9:00 a.m. to Noon from January 2024 to December 2024 for club meetings is approved subject to the following conditions: Regular Meeting of the Mayor and Council Page 11 November 21, 2023 Minutes 1. the number of people in attendance will be strictly limited to no more than the number permitted by the Fire Official; 2. the applicant is responsible for clean-up of the Ambulance Corps Building and OEM Building after each meeting; 3. meetings shall be permitted between the hours of 9:00 a.m. and Noon at the Ambulance Corps Building on the second Wednesday of each month for calendar year 2024; and the OEM Building when the Ambulance Corps is not available; 4. the applicant shall notify the Borough Clerk if it is not using the Ambulance Corps Building or the OEM Building, as far in advance as feasible; 5. the applicant shall provide a Hold Harmless Agreement and Certificate of Insurance in accordance with the ordinance requirements; 6. the Ambulance Corps and Office of Emergency Management shall have priority in the event that it needs to use the meeting room during the approved times; and, 7. having provided proof under I.R.C. § 501(c)(3) as tax exempt, Activities Unlimited shall be exempt from the fee. Resolution 282-23 Authorizing the Utilization of Competitive Contracting for the Procurement of Consulting Services WHEREAS, the Borough has been granted a substantial sum of$50,000 from the NJ DCA FY 2023 Local Efficiency Achievement Program as a challenge grant, earmarked for conducting a comprehensive feasibility study examining the potential benefits of implementing a shared service for solid waste collection in collaboration with the Borough of Oakland and the Township of Wyckoff, and, WHEREAS, the Borough seeks to engage qualified individuals and firms to provide consulting services specialized in solid waste collection for the purpose of conducting the aforementioned feasibility study; and, WHEREAS, in accordance with the Local Public Contracts Law, a process known as Competitive Contracting is deemed appropriate for procuring specific services that necessitate a qualitative evaluation of specialized goods or service providers, taking into consideration factors such as provider expertise, pricing, and overall advantage; and, WHEREAS, in compliance with N.J.S.A. 40A:11-4.3(a), it is mandated that for the inaugural use of competitive contracting for a designated purpose, the governing body must pass a resolution explicitly authorizing such use for said purpose; and, WHEREAS, as stipulated in N.J.S.A. 40A:11-4.3(b), the administration of the competitive contracting process is delegated to a designated Authorized Agent,who may be a purchasing agent in accordance with N.J.S.A. 40A:11-9, legal counsel of the contracting unit, or the chief administrative officer of the contracting unit; and, WHEREAS, after careful consideration, the Mayor and the Borough Council have determined that the procurement of consulting services, specifically for the solid waste collection feasibility Regular Meeting of the Mayor and Council Page 12 November 21, 2023 Minutes study, through the application of Competitive Contracting, is in the best interest of the Borough; and, WHEREAS, the utilization of competitive contracting for consulting services is expressly authorized pursuant to N.J.S.A. 40A:11-4.1(m). NOW, THEREFORE, BE IT RESOLVED, by the Mayor and the Borough Council of the Borough of Franklin Lakes, situated in the County of Bergen, State of New Jersey, that the Borough Administrator is hereby authorized to commence the competitive contracting process for the solicitation of proposals, specifically focusing on grant writing services, in alignment with the objectives of the awarded challenge grant. Resolution 283-23 Confirming Adoption of Resolution 276-23 WHEREAS, on November 9, 2023, Ordinance No. 1927 was adopted by resolution of the Governing Body; and, WHEREAS, said resolution adopting the ordinance was on the agenda was not read in full at the meeting and therefore, it is hereby RESOLVED that the Clerk is directed to include, as part of the minutes of said meeting, the full resolution, a copy of which is attached hereto. 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: Regular Meeting of the Mayor and Council Page 13 November 21, 2023 Minutes 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. 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 284-23 Hold Harmless Agreement—821 Aztec Trail WHEREAS, the owner of 821 Aztec Trail, Block 2201.01, Lot 13, in the Borough of Franklin Lakes, has requested the right to connect that property to the Borough's storm water collection system; and, WHEREAS,the Borough Engineer has approved said connection; and, WHEREAS, the property owner has executed a Hold Harmless Agreement with the Borough approved by the Borough Attorney; Regular Meeting of the Mayor and Council Page 14 November 21, 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 property located at 821 Aztec Trail is authorized to connect to the Borough's storm water collection system as per the plans approved by the Borough Engineer. Resolution 285-23 Online Auction—GovDeals WHEREAS, pursuant to N.J.S.A. 40A:11-36 and Local Finance Notice 2008-9, the Mayor and Council of the Borough of Franklin Lakes is desirous of selling the vehicles and items listed below by online auction; NOW THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Franklin Lakes, County of Bergen and State of New Jersey, the items listed below are hereby authorized to be sold at an online auction to be held on GovDeals: • 1996 International 4900 Truck VIN 41HTSDAAN9TH280605 BE IT FURTHER RESOLVED that the items are no longer needed for public use; and, BE IT FURTHER RESOLVED that the sale will be held on GovDeals, at www.govdeals.com; and, BE IT FURTHER RESOLVED that the sale is being conducted pursuant to Local Finance Notice 2008-9; and, BE IT FINALLY RESOLVED that the terms and conditions of the agreement entered into with the vendor are available on the vendor's website and available in the office of the Borough Clerk. Resolution 286-23 Refund Duplicate Tax Payment—25 Silent Nest Way WHEREAS, Corelogic Real Estate Tax Service, the mortgage company, made payments for the added assessment taxes for fourth quarter 2023 for the owner Cariddi, Janet, for Block 3401 Lot 26 Qualifier C0051 also known as 25 Silent Nest Way, Franklin Lakes; and, WHEREAS the owner, Cariddi, Janet, also made the added assessment tax payment for fourth quarter 2023; and, WHEREAS, these payments resulted in overpayments on the fourth quarter 2023 property taxes; and, WHEREAS, the lender, Corelogic Real Estate Tax Service, is seeking a refund for the duplicate payment; 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 Regular Meeting of the Mayor and Council Page 15 November 21, 2023 Minutes authorized and directed to issue a check for the following amounts, to be charged to Tax Overpayments Refunded: Block Lot Qualifier Address Refund Duplicate Payment 3401 26 C0051 25 Silent Nest Way $ 20,667.31 Made payable to: Corelogic Centralized Refunds Attn: Refund Department 3001 Hackberry Road Irving, TX 75063 Resolution 287-23 Renew Bergen Municipal Employee Benefits Fund WHEREAS, a number of public entities in the State of New Jersey have joined together to form the Bergen Municipal Employee Benefits Fund, hereafter referred to as "FUND", as permitted by N.J.S.A. 11:15-3, 17:1-8.1, and 40A:10-36 et seq., and; WHEREAS,the FUND was approved to become operational by the Departments of Insurance and Community Affairs and has been operational since that date, and; WHEREAS, the statutes and regulations governing the creation and operation of a joint insurance fund, contain certain elaborate restrictions and safeguards concerning the safe and efficient administration of the public interest entrusted to such a FUND; WHEREAS, the governing body of the Borough of Franklin Lakes hereinafter referred to as "LOCAL UNIT" has determined that membership in the FUND is in the best interest of the LOCAL UNIT. NOW, THEREFORE, BE IT RESOLVED that the governing body of the LOCAL UNIT hereby agrees as follows: i. Become a member of the FUND for the period outlined in the LOCAL UNIT's Indemnity and Trust Agreements. ii. Will participate in the following type(s) of coverage (s): a.) Health Insurance and/or Dental and/or Prescription as defined pursuant to N.J.S.A. 1713:17-4,the FUND's Bylaws, and Plan of Risk Management. iii. Adopts and approves the FUND's Bylaws. iv. Execute an application for membership and any accompanying certifications. BE IT FURTHER RESOLVED that the governing body of the LOCAL UNIT is authorized and directed to execute the Indemnity and Trust Agreement and such other documents signifying membership in the FUND as required by the FUND's Bylaws, and to deliver these documents to the FUND's Executive Director with the express reservation that these documents shall become effective only upon: Regular Meeting of the Mayor and Council Page 16 November 21, 2023 Minutes i. Approval of the LOCAL UNIT by the FUND. ii. Receipt from the LOCAL UNIT of a Resolution accepting assessment. iii. Approval by the New Jersey Department of Insurance and Department of Community Affairs. Resolution 288-23 Shared Services Agreement—Lending of Vehicles and Equipment BE IT RESOLVED by the Mayor and Council of the Borough of Franklin Lakes that the Mayor and Borough Clerk are hereby authorized to execute a Shared Services Agreement for the Lending of Vehicles and Equipment with the Franklin Lakes Board of Education and the Franklin Lakes Public Library. Resolution 289-23 Budget Transfers 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 Celebration of Public Events 3,000 To General Administration OE 3,000 3,000 3,000 Resolution 290-23 Chapter 159 2023 Private Donation—Randi& Scott Pomerantz WHEREAS, N.J.S. 40AA-87 provides that the Director of the Division of Local Government Services may approve the insertion of any special item of revenue in the budget of any county or municipality when such item shall have been made available by law and the amount thereof was not determined at the time of the adoption of the budget; and, WHEREAS, the Director may also approve the insertion of an item of appropriation for an equal amount; and, WHEREAS, the Borough of Franklin Lakes has received a $100.00, 2023 Private Donation - Randi & Scott Pomerantz and wishes to amend its 2023 Budget to include said amount as a revenue; NOW THEREFORE, BE IT RESOLVED by the Mayor and Borough Council of the Borough of Franklin Lakes, that permission be requested by the Director of the Division of Local Government Services to approve the insertion of an item of revenue in the 2023 Budget in the sum of$100.00 which will be available as a revenue from: Miscellaneous Revenues: Public and Private Programs Offset by Appropriations: 2023 Private Donation - Randi & Scott Pomerantz - Franklin Lakes Police Dept. $100.00 Regular Meeting of the Mayor and Council Page 17 November 21, 2023 Minutes BE IT FURTHER RESOLVED that a sum of$100.00 and the same is hereby appropriated under the caption of: General Appropriations: (a) Operations Excluded from "CAPS": Public and Private Programs Offset by Revenues: 2023 Private Donation- Randi & Scott Pomerantz - Franklin Lakes Police Dept. $100.00 BE IT FURTHER RESOLVED that the Chief Financial Officer will file this resolution and accompanying documents electronically with the Director of Local Government Services. Resolution 291-23 Chapter 159 2023 Private Donation—Heart of Gold 5K Run &Walk WHEREAS, N.J.S. 40AA-87 provides that the Director of the Division of Local Government Services may approve the insertion of any special item of revenue in the budget of any county or municipality when such item shall have been made available by law and the amount thereof was not determined at the time of the adoption of the budget; and, WHEREAS, the Director may also approve the insertion of an item of appropriation for an equal amount; and, WHEREAS, the Borough of Franklin Lakes has received a $150.00, 2023 Private Donation - Heart of Gold 5K Run & Walk and wishes to amend its 2023 Budget to include said amount as a revenue; NOW THEREFORE, BE IT RESOLVED by the Mayor and Borough Council of the Borough of Franklin Lakes, that permission be requested by the Director of the Division of Local Government Services to approve the insertion of an item of revenue in the 2023 Budget in the sum of$150.00 which will be available as a revenue from: Miscellaneous Revenues: Public and Private Programs Offset by Appropriations: 2023 Private Donation - Heart of Gold 5K Run & Walk - FL Police Dept. $150.00 BE IT FURTHER RESOLVED that a sum of$150.00 and the same is hereby appropriated under the caption of: General Appropriations: (a) Operations Excluded from "CAPS": Public and Private Programs Offset by Revenues: 2023 Private Donation - Heart of Gold 5K Run & Walk - FL Police Dept. $150.00 BE IT FURTHER RESOLVED that the Chief Financial Officer will file this resolution and accompanying documents electronically with the Director of Local Government Services. Regular Meeting of the Mayor and Council Page 18 November 21, 2023 Minutes Resolution 292-23 Chapter 159 2023 Donation—National Opioids Settlement FD Trust WHEREAS, N.J.S. 40AA-87 provides that the Director of the Division of Local Government Services may approve the insertion of any special item of revenue in the budget of any county or municipality when such item shall have been made available by law and the amount thereof was not determined at the time of the adoption of the budget; and, WHEREAS, the Director may also approve the insertion of an item of appropriation for an equal amount; and, WHEREAS, the Borough of Franklin Lakes has received $677.13 from National Opioids Settlement FD Trust and wishes to amend its 2023 Budget to include said amount as a revenue; NOW THEREFORE, BE IT RESOLVED by the Mayor and Borough Council of the Borough of Franklin Lakes, that permission be requested by the Director of the Division of Local Government Services to approve the insertion of an item of revenue in the 2023 Budget in the sum of$677.13 which will be available as a revenue from: Miscellaneous Revenues: Public and Private Programs Offset by Appropriations: National Opioids Settlement FD Trust $677.13 BE IT FURTHER RESOLVED that a sum of$677.13 and the same is hereby appropriated under the caption of: General Appropriations: (a) Operations Excluded from "CAPS": Public and Private Programs Offset by Revenues: National Opioids Settlement FD Trust $677.13 BE IT FURTHER RESOLVED that the Chief Financial Officer will file this resolution and accompanying documents electronically with the Director of Local Government Services. Respectfully submitted, a M. Rulli, Borough Clerk