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HomeMy Public PortalAbout2023-12-05 Work Session Meeting Minutes BOROUGH OF FRANKLIN LAKES Special Work Session Meeting of the Mayor and Council December 5, 2023 A Special/Work Session meeting of the Mayor and Council was held at 7:30 PM on December 5, 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 DeLuccia, Councilmember Kelly, Councilmember Lambrix, 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 Proclamation Mayor Kahwaty read the proclamation. PROCLAMATION Supporting the Drive Sober or Get Pulled Over 2023 Year End Holiday Crackdown Whereas, approximately one-third of all fatal traffic crashes in the United States involve impaired drivers; and, Whereas, impaired driving crashes killed 13,384 people in the United States in 2021; and, Whereas, impaired driving crashes cost the United States almost $44 Billion a year; and, Whereas, during 2022 New Jersey's roadways experienced 42,915 crashes and 697 fatalities involving impaired drivers; and, Whereas, an enforcement crackdown is planned to combat impaired driving; and, Whereas, the year end holiday season is traditionally a time for social gatherings which include alcohol; and, Special/Work Session of the Mayor and Council Page 2 December S, 2023 Minutes Whereas,the State of New Jersey,Division of Highway Traffic Safety,has asked law enforcement agencies throughout the state to participate in the Drive Sober or Get Pulled Over 2023 Year End Holiday Crackdown; and, Whereas,the project will involve increased impaired driving enforcement from December 1, 2023 through January 1, 2024; and, Whereas, an increase in impaired driving enforcement and a reduction in impaired driving will save lives on our roadways; Therefore, be is resolved that the Mayor and Council of the Borough of Franklin Lakes declares it's support for the Drive Sober or Get Pulled Over 2023 Year End Holiday Crackdown from December 1, 2023 through January 1, 2024 and pledges to increase awareness of the dangers of drinking and driving. Ordinances for Final Reading and Adoption Motion made by Councilmember DeLuccia to take up Ordinance 1930 for consideration of adoption on second and final reading, and direct the Borough Clerk to read by title, seconded by Councilmember Kelly. 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 Councilmember DeLuccia read the summary by summary: This ordinance amends the property maintenance ordinance to add the Code Enforcement Official as an enforcement official. WHEREAS, Ordinance 1930 was introduced at a meeting of the Mayor and Council held on the 9'h day of November, 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. 1930 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 Kelly, seconded by Councilmember Lambrix. On voice vote, all in favor. Special/Work Session of the Mayor and Council Page 3 December S, 2023 Minutes Seeing none, a motion to close the hearing to the public was made by Councilmember Kelly seconded by Council President Bonagura. On voice vote, all in favor. Roll Call Vote: Ayes: Ansh, Cardenas, DeLuccia, Kelly, Lambrix, Bonagura Nays: Abstain: Absent: Motion Approved Motion made by Councilmember DeLuccia to take up Ordinance 1931 for consideration of adoption on second and final reading, and direct the Borough Clerk to read by title, seconded by Councilmember Kelly. On voice vote, all in favor. The Borough Clerk read the Ordinance by title only. Councilmember DeLuccia read the Ordinance summary: This ordinance corrects the affirmative marketing ordinance to reflect the Borough's inclusion in Region I for affordable housing purposes. 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 Councilmember DeLuccia read the Ordinance summary: This ordinance corrects the affirmative marketing ordinance to reflect the Borough's inclusion in Region I for affordable housing purposes. WHEREAS, Ordinance 1931 was introduced at a meeting of the Mayor and Council held on the 9'h day of November, 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. 1931 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 Ansh, seconded by Councilmember Ansh. On voice vote, all in favor. Hearing none, a motion to close the hearing to the public was made by Councilmember Ansh, seconded by Councilmember DeLuccia. On voice vote, all in favor. Special/Work Session of the Mayor and Council Page 4 December S, 2023 Minutes Resolution read and introduced by Councilmember DeLuccia, seconded by Council President Bonagura. Roll Call Vote: Ayes: Ansh, DeLuccia, Lambrix, Bonagura Nays: Cardenas, Kelly 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. Donna Robinson, 896 Franklin Avenue, presented the Mayor and Council with a poem. Motion to close the time for public comment was made by Councilmember Kelly, seconded by Councilmember Lambrix. On voice vote, all in favor. Engineers Report Eileen Boland reported on a drainage emergency at 740 McCoy Road,which was alleviated by the Public Works Department by clearing a boulder from the pipe. Boswell Engineering recommended the Borough install a gate on the pipe to prevent future blockages. Consent Agenda Resolution 295-23 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. Council President Bonagura asked that the Diesel Exhaust System Resolution be removed for further discussion. Resolution 296-23 Accept Report of Finance Committee Resolution 297-23 Award Contract—Borough Hall Generator Resolution 298-23 Award Contract—Payroll Services Resolution 299-23 Tax Refund—993 Clark Road Resolution 300-23 Budget Transfers Resolution read and introduced by Council President Bonagura, seconded by Councilmember Ansh. Special/Work Session of the Mayor and Council Page S December S, 2023 Minutes Roll Call Vote: Ayes: Ansh, Cardenas, DeLuccia, Kelly, Lambrix, Bonagura Nays: Abstain: Absent: Motion Approved Council President Bonagura asked if everyone had a chance to review the information pertaining to the Diesel Exhaust System, specifically Councilmember Sheppard. Mr. Hart stated there was only one bidder and this bid is consistent with budget. He stated if there is a problem with the resolution it can be rescinded at a later date. Resolution 301-23 Award Contract—Diesel Exhaust Systems for Firehouses WHEREAS, the Borough of Franklin Lakes advertised for and opened bids for the purchase and installation of diesel exhaust systems at the two Borough firehouses on November 30, 2023; and, WHEREAS,the Mayor and Council wish to award this contract to the lowest responsible bidder; and, WHEREAS, one vendor submitted a bid; and, WHEREAS,the Borough Administrator has reviewed the bid submitted and recommends that the contract be awarded to Clean Air Company, 428 New Brunswick Avenue, Fords, New Jersey 08863, for the bid proposal amount of$84,307; and, WHEREAS, the Borough Administrator has reviewed the bid submitted and has determined that the bid meets the specifications; 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 contract for the purchase and installation of diesel exhaust systems at the two Borough firehouses be and is hereby awarded to Clean Air Company, for the bid proposal amount of$84,307; and, BE IT FURTHER RESOLVED that the Chief Financial Officer has certified the availability of funds for this purchase, Account: Ordinance No. 1917 Certification of Funds: William G. Pike, Chief Financial Officer Special/Work Session of the Mayor and Council Page 6 December S, 2023 Minutes BE IT FINALLY RESOLVED that a copy of this resolution be forwarded to Clean Air Company, the Fire Chief and the Chief Financial Officer. Resolution read and introduced by Council President Bonagura, seconded by Councilmember Kelly. Roll Call Vote: Ayes: Ansh, Cardenas, DeLuccia, Kelly, Lambrix, Bonagura Nays: Abstain: Absent: Motion Approved Mayors Report Mayor Kahwaty welcomed Councilmember DeLuccia. Committee/Liaison Reports Public Safety Council President Bonagura reported on a meeting held with four members of Ambulance Corps where discussion was held on increasing response time. He reported on the meeting held with Valley Hospital and explained what they stated they can do to assist. It was decided that the Ambulance Corps members should meet with Valley Hospital on Friday to discuss in further detail. Councilmember Kelly stated the new recruiting is going well and she is not in favor of this plan. Discussion ensued on how calls are generated and response times. Councilmember Kelly stated in October the Ambulance Corps responded to 92% of the calls and it can be a lengthy wait for the calls they don't respond to. Mr. Hart stated the Police are the first responders at the site and Ambulance Corps response time is not as critical as you may think, stating the Police present first line assistance. Discussion held on billing, responsibility to the residents, required services and possible opportunities to provide better service, cost benefit analysis and positives and negatives of outsourcing services. Council President Bonagura stated he spoke with Oakland Councilmembers and their future Mayor and they are interested in what we do and may join us. Parks and Recreation Councilmember Ansh reported that the Tree Lighting is tonight, the Menorah lighting is Sunday at 4 PM. Franklin Lakes won the Bergen County Winter Wonderland Tree Decorating contest and the prize is a free skate day for the Borough, and reported the sports statistics. A group of moms visited Community Director Dina Robinson to discuss the playground. Mr. Hart will circulate Special/Work Session of the Mayor and Council Page 7 December S, 2023 Minutes emails he received from some of the moms. Mr. Hart stated the he hopes to hear from the County about the transfer of the Grant funds in January. Environment& Community Affairs/Library Councilmember Cardenas stated the Library patio looks great and that donors paid for the project. The Shade Tree Commission met and discussed limbs. The Environmental Commission met and have created a composting brochure and are looking for a replacement for retired member Don Scine. Councilmember Lambrix spoke highly of Mr. Scine and Councilmember Kelly asked what could be done to recognize him. Mr. Hart suggested a proclamation to honor him. Councilmember Cardenas stated the Environmental Commission is looking for a high school liaison and they are considering a flyer regarding recycling of reusable grocery bags. Ramapo Indian Hills Board of Education met interim Superintendent Dr. Baker and an RFQ has been put out for his permanent replacement. Planning and Development Mayor Kahwaty stated the Planning Board has been quiet lately. Public Works Councilmember Kelly reported that Richard Lilienthal is back from Workman's Comp and the DPW team did a great job while in his absence. Councilmember Ansh stated Nancy Durkin is also out for surgery. Administration and Finance Councilmember Lambrix reported the Borough will be looking at a tough budget in 2024. Mr. Hart met with the Police Department Captain to talk about promotions upon the retirement of the Police Chief. Mayor Kahwaty, Council President Bonagura, Councilmember Kelly, and Mr. Hart were in agreement there is merit to the requests, but there may be budgetary limitations. Mr. Hart will have CFO William Pike prepare an overview of the budget. Mr. Hart stated potential police promotions will be discussed after the closed session. Mr. Hart spoke about the annual appointment of the Borough professionals, explained the process, and recommended retaining all current professionals. No objections. Mr. Hart reported that the 2024 Calendar is spectacular and is with the printer. Borough Administrator's Report Mr. Hart had nothing further to report. Special/Work Session of the Mayor and Council Page 8 December S, 2023 Minutes Old Business None New Business None 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, December 5, 2023 which begins at 7:30 PM, in the Conference Room at the Municipal Building to discuss the following: • Collective Bargaining—PBA • Personnel —Police Chief • Personnel —Police Promotions 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 8:39 PM by Council President Bonagura, seconded by Councilmember Kelly. On voice vote, all in favor. The Mayor and Council returned to open session at 8:58 PM. Resolution 302-23 Approve Memorandum of Agreement—Police Chief 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 and Police Chief Carmine Pezzuti pertaining to Chief Pezzuti's retirement, substantially in the form entitled "Memorandum of Agreement," which is incorporated by reference herein; and, BE IT FURTHER RESOLVED that this resolution is subject to approval by the Borough's Labor Attorney; and, BE IT FINALLY RESOLVED that a copy of this resolution be forwarded to Police Chief Carmine Pezzuti, Mark Ruderman, Esq., and the Chief Financial Officer. Resolution read and introduced by Council President Bonagura, seconded by Councilmember Kelly. Special/Work Session of the Mayor and Council Page 9 December S, 2023 Minutes Roll Call Vote: Ayes: Ansh, Cardenas, DeLuccia, Kelly, Lambrix, Bonagura Nays: Abstain: Absent: Motion Approved Adiournment Motion to adjourn the meeting was made at 9:00 PM by Councilmember Lambrix, seconded by Councilmember Kelly. On voice vote, all in favor. Resolution 296-23 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$4,886,430.84 as shown on the Claims Bill List; $15,166.50 as shown on the Soil Account Bill List; and $4,461.00 as shown on the Developers Escrow List. Resolution 297-23 Award Contract—Borough Hall Generator WHEREAS, the Borough of Franklin Lakes advertised for and opened bids for the purchase and installation of a generator at Borough Hall on November 14, 2023; and, WHEREAS,the Mayor and Council wish to award this contract to the lowest responsible bidder; and, WHEREAS, eight electrical contractors submitted a bid; and, WHEREAS,LAN Associates,the Borough's consulting engineer/architect, has reviewed the bids submitted and recommends that the contract be awarded to the contractor that submitted the lowest cost proposal, TSUJ, 48 Brush Hill Road, Kinnelon, New Jersey 07405, for the bid proposal amount of$155,777; and, WHEREAS, the Borough Attorney has reviewed the bid submitted and has determined that the bid meets the specifications; 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 contract for the purchase and installation of a generator at Borough Hall be and is hereby awarded to TSUJ, 48 Brush Hill Road, Kinnelon, New Jersey 07405, for the bid proposal amount of$155,777; and, BE IT FURTHER RESOLVED that the Chief Financial Officer has certified the availability of funds for this purchase, Special/Work Session of the Mayor and Council Page 10 December S, 2023 Minutes Account: American Rescue Plan Act Account Number: G-02-41-764-000 Certification of Funds: William G. Pike, Chief Financial Officer BE IT FINALLY RESOLVED that a copy of this resolution be forwarded to TSUJ, LAN Associates and the Chief Financial Officer. Resolution 298-23 Award Contract—Payroll Services WHEREAS, the Payroll Administrator, Meena Sivakumar, solicited proposals from five payroll providers for payroll services for the Borough of Franklin Lakes; and, WHEREAS, the Borough received three proposals for payroll services in response to the request for proposals; and WHEREAS, Payroll Administrator Meena Sivakumar and Chief Financial Officer William Pike have recommended,by email dated November 13,2023,which is incorporated by reference herein, that a two year contract commencing January 1, 2024, with a Borough option for two additional one year periods be awarded to Action Data Services, 1 Sherwood Lane, Fairfield, New Jersey, upon the terms and conditions in its October 31, 2023 proposal,which is incorporated by reference herein, based on price and other factors; 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 Payroll Administrator and Chief Financial Officer is approved and a two year contract for payroll services commencing January 1, 2024 (with Borough option for two additional one year periods) be and is hereby awarded to Action Data Services, upon the terms and conditions in its October 31, 2023 proposal, for the base proposal amount of$17,015.59 per year, based on price and other factors; and, BE IT FURTHER RESOLVED that, because this contract award is for services to be performed in future years, this contract award is subject to appropriation of sufficient funds in the Borough's budgets in future years; and, BE IT FINALLY RESOLVED that the Mayor and Borough Clerk are authorized to execute an agreement for payroll services upon review and approval of the agreement by the Borough Attorney. Special/Work Session of the Mayor and Council Page 11 December S, 2023 Minutes Resolution 299-23 Tax Refund—993 Clark Road WHEREAS, the property listed below filed an assessment appeal with the Tax Court of New Jersey; and, WHEREAS,the Tax Court reduced their assessment which results in a reduction in property taxes previously paid for the year(s)2019,2020 and 2021, on Block 1314.06,Lot 5,known as 993 Clark Road, which is owned by Davis, Kenneth & Margaret; and, WHEREAS, N.J.S.A. 54:3-27.2 provides that, in the event a taxpayer is successful in an appeal from a reduced assessment,the taxing district shall refund any excess taxes paid within 60 days of the date of the judgment; NOW THEREFORE,BE IT RESOLVED by the Mayor and Council of the Borough of Franklin Lakes, County of Bergen and State of New Jersey that the Chief Financial Officer is hereby authorized and directed to issue a check in the amount listed below which shall be charged against Tax Appeals. Block Lot Assessment Reductions Refund 1314.06 5 $ 85,000 (2019) $ 1,395.70 1314.06 5 $ 110,000 (2020) $ 1,812.80 1314.06 5 $ 110,000 (2021) $ 1,828.20 Total Refund $ 5,036.70 All checks made payable to: Spiotti & Associates, P.C. Attorney Trust Account P.O. Box 30 Midland Park, NJ 07432 Resolution 300-23 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 8,000 Gasoline 10,000 Recreation Services OE 20,000 Litigation 4,700 To General Administration OE 3,000 Mayor & Council OE 2,500 Special/Work Session of the Mayor and Council Page 12 December S, 2023 Minutes Tax Assessor OE 1,000 Office Emergency Mgt OE 500 Board of Health OE 500 Buildings & Grounds 5,000 Vehicle Maintenance 30,000 Municipal Clerk S&W 200 42,700 42,700 Respectfully submitted, ai M. Rulli, Borough Clerk