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HomeMy Public PortalAbout2023-12-19 Regular Meeting Minutes BOROUGH OF FRANKLIN LAKES Regular Meeting of the Mayor and Council December 19, 2023 A regular meeting of the Mayor and Council was held at 7:00 PM on December 19, 2023, in the Municipal Building. Meeting Called to Order Roll Call The following Council Members and Professional Staff responded to the roll call: Mayor Kahwaty, Councilmember Ansh, 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. Flay Salute Moment of Silent Appreciation to Our Veterans Proclamations Mayor Kahwaty read the proclamation. PROCLAMATION HONORING RAMAPO HIGH SCHOOL FOOTBALL TEAM WHEREAS,the Mayor and Council are desirous of honoring the champion Ramapo High School Football team for its successful Fall 2023 season; WHEREAS, highlights of the season for the 2023 Ramapo High School Football team included: • North Group 4 State Sectional Champions • North Group 4 State Champions • Competed for an outright State title for first time in program history • Bergen County Public Team of the Year for Group 3-4-5 • 12-1 Record - first undefeated regular season since 2019 • 4 defensive shutouts • Scored 433 points on the season • 12 players named to the All-Division team • 8 players named to the All-County team WHEREAS, Head Coach Mike DeFazio, his assistant coaches, and the Ramapo High School football players are to be commended for their exceptional accomplishments; Regular Meeting of the Mayor and Council Page 2 December 19, 2023 Minutes NOW THEREFORE, I, CHARLES J.X. KAHWATY, Mayor of the Borough of Franklin Lakes, County of Bergen and State of New Jersey, on behalf of the Mayor and Council and our residents, do hereby honor and congratulate Coach Mike DeFazio, the assistant coaches and the players on the 2023 Ramapo High School Football team for a tremendous football season; IN WITNESS HEREOF, I have hereunto set my Hand and caused the Seal of the Borough of Franklin Lakes to be affixed this 191h day of December, 2023. Ordinances for Final Reading and Adoption Motion made by Councilmember Kelly to take up Ordinance 1932 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. 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 Councilmember DeLuccia read the Ordinance Summary: This ordinance amends various provisions of the Borough's tree removal ordinance relating to replacement tree species, bonds for tree replacements, graduated penalties and issuance of stop work orders. Motion to open the hearing to the public was made by Councilmember Ansh, seconded by Councilmember Kelly. 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 Kelly, seconded by Council President Bonagura. On voice vote, all in favor. WHEREAS, Ordinance 1932 was introduced at a meeting of the Mayor and Council held on the 21" 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. 1932 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. Regular Meeting of the Mayor and Council Page 3 December 19, 2023 Minutes Resolution read and introduced by Councilmember DeLuccia, seconded by Councilmember Lambrix. Discussion - none. Roll Call Vote: Ayes: Ansh, Cardenas, DeLuccia, Kelly, Lambrix, Bonagura Nays: Abstain: Absent: Motion Approved Motion made by Councilmember Lambrix to take up Ordinance 1933 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. The Borough Clerk read the Ordinance by title only. ORDINANCE NO. 1933 AN ORDINANCE AMENDING CHAPTER 89 "POLICE DEPARTMENT" OF THE CODE OF THE BOROUGH OF FRANKLIN LAKES TO AMEND PRIVATE DUTY RATE Council President Bonagura read the Ordinance Summary: This ordinance increases the rate for schools, non-profit organizations, charitable organizations, Franklin Lakes business and residents. Motion to open the hearing to the public was made by Councilmember Ansh, seconded by Councilmember Lambrix No one from the public came forward at this time. Motion to close the hearing to the public was made by Councilmember Kelly, seconded by Councilmember Lambrix. On voice vote, all in favor. WHEREAS, Ordinance 1933 was introduced at a meeting of the Mayor and Council held on the 21" 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. 1933 be and the same is hereby adopted on second and final reading; and, BE IT FINALLY RESOLVED that the Borough Clerk is hereby authorized and directed to publish the Notice of Adoption as required by Law. Resolution read and introduced by Council President Bonagura, seconded by Councilmember Ansh. Discussion - none. Regular Meeting of the Mayor and Council Page 4 December 19, 2023 Minutes Roll Call Vote: Ayes: Ansh, Cardenas, DeLuccia, Kelly, Lambrix, 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 Ansh. On voice vote, all in favor. Laurie Burnette, 746 Lawlins Road, speaking on behalf of the Franklin Lakes Volunteer Ambulance Corps, stated they want citizens to know that the Borough Council has sought out a paid ambulance service through Valley Hospital, the Ambulance Corps currently exceeds the County requirements, and the FLVAC does not support the changes suggested. Motion to close the time for public comment was made by Councilmember Kelly, seconded by Councilmember Lambrix. On voice vote, all in favor. Consent Agenda Resolution 303-23 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 304-23 Accept Report of Finance Committee Resolution 305-23 Award Contract Extension - Franklin Manor Administrative Agent Resolution 306-23 Award Contract Extension - MillPond at Franklin Lakes Administrative Agent Resolution 307-23 Cancellation of Property Taxes Under $10.00 Resolution 308-23 Chapter 159 2023 Private Donation—John J Skelly Resolution 309-23 Professional Development Stipend—Erica Davenport Resolution 310-23 Budget Transfers Resolution 311-23 Chapter 159 - 2023 Body Armor Replacement Grant Resolution read and introduced by Council President Bonagura seconded by Councilmember DeLuccia. Roll Call Vote: Ayes: Ansh;Cardenas except Award Contract Extension-Franklin Manor Administrative Agent and Award Contract Extension- MillPond at Franklin Lakes Administrative Agent; DeLuccia; Kelly; Lambrix; Bonagura Nays: Cardenas - Award Contract Extension- Franklin Manor Administrative Agent and Award Contract Extension - MillPond at Franklin Lakes Administrative Agent Abstain: Regular Meeting of the Mayor and Council Page S December 19, 2023 Minutes Absent: Motion Approved Action on Minutes Motion to accept the minutes was made by Councilmember Kelly, and seconded by Councilmember Kelly: October 10, 2023 Work Session October 17, 2023 Regular October 23, 2023 Special Budget November 9, 2023 Special November 9, 2023 Special Closed November 9, 2023 Work Session November 9, 2023 Closed November 21, 2023 Regular November 21, 2023 Closed Roll Call Vote: Ayes: Ansh, Cardenas, DeLuccia, Kelly, Lambrix, Bonagura Nays: Abstain: Absent: Motion Approved Old Business None New Business • Renaming of Franklin Lakes Nature Preserve Mayor Kahwaty spoke about Mayor Donch's contributions and work for the Borough over the years and noted several residents have suggested renaming the Nature Preserve after him. Councilmember Ansh and Council President Bonagura stated they were in favor. Discussion ensued on the wording. Mr. Hart suggesting adopting a resolution renaming it"Thomas J. Donch Nature Preserve". As there were no objections, Mr. Hart will draft a resolution for next meeting. • Modernization and Reform of OPRA Mr. Hart stated he received a letter to be signed by the Mayor supporting the modernizing of OPRA,the concept is to eliminate abuses for commercial use. Mayor Kahwaty asked if there were any objections to signing the letter. Several Councilmembers requested more information. Mr. Hart outlined the bills in front of the legislature. Councilmember DeLuccia stated that if this is signed, the Mayor and Council could rescind their support of it in the future should they choose Regular Meeting of the Mayor and Council Page 6 December 19, 2023 Minutes to do so. Mayor Kahwaty asked the Borough Clerk to clarify some of the major issues. Following discussion, there were no objections to Mayor Kahwaty signing the letter. At this time, Mayor Kahwaty read the following Proclamation: PROCLAMATION HONORING FRANKLIN LAKES WAR EAGLES SENIOR FOOTBALL TEAM WHEREAS, the Mayor and Council are desirous of honoring the champion Franklin Lakes War Eagles Senior Football team for its successful Fall 2023 season; and, WHEREAS, the War Eagles Football team capped the season with an exciting 22 to 8 victory over Butler in the Tri-County Youth Football League Super Bowl; and, WHEREAS, the Super Bowl victory capped off a perfect 10-0 season for the 2023 War Eagles Senior Football team, in which they outscored opponents 291 to 72; and, WHEREAS, Head Coach Chris Snee, his assistant coaches, Rob Adams, Andrew Ajaeb, Robert Bond, Kevin Brady, Jerry Corrado, Mike Eilert, Tommy Gatto, Matt Granatell, Darren Magarro, Trevor Randolph, Ron Salzano, Anthony Scher and Christian Tirone, and the War Eagles Senior Football players are to be commended for their exceptional accomplishments; NOW THEREFORE, I, CHARLES J.X. KAHWATY, Mayor of the Borough of Franklin Lakes, County of Bergen and State of New Jersey, on behalf of the Mayor and Council and our residents, do hereby honor and congratulate Coach Chris Snee, the assistant coaches and the players on the 2023 Franklin Lakes War Eagles Senior Football team for a tremendous football season; IN WITNESS HEREOF, I have hereunto set my Hand and caused the Seal of the Borough of Franklin Lakes to be affixed this 191h day of December, 2023. 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 19, 2023 which begins at 7:00 PM, in the Council Chambers at the Municipal Building to discuss the following: Collective Bargaining: PBA Contractual: Valley Hospital • Pending Litigation: Settlement of Tax Appeal—309 Indian Trail Drive • Pending Litigation: Settlement of Tax Appeal - 305 Haven Road • Pending and Anticipated Litigation: Affordable Housing Legislation Regular Meeting of the Mayor and Council Page 7 December 19, 2023 Minutes 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 7:42 PM by Council President Bonagura, seconded by Councilmember DeLuccia. On voice vote, all in favor. The Mayor and Council returned to open session at 8:13 PM. Adiournment Motion to adjourn the meeting sine die was made at 8:13 PM by Councilmember Kelly, seconded by Councilmember Cardenas. On voice vote, all in favor. Resolution 304-23 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$244,909.96 as shown on the Claims Bill List; $337.00 as shown on the Soil Account Bill List; and $1,065.00 as shown on the Developers Escrow List. BE IT FURTHER RESOLVED, that the payroll of December 7, 2023 in the amount of $300,222.56 be hereby ratified and approved. Resolution 305-23 Award Contract Extension -Franklin Manor Administrative Agent WHEREAS, by resolution adopted February 15, 2022, the Mayor and Council entered into an agreement with Community Grants, Planning & Housing (CGP&H"), having offices located at 1249 South River Road, Suite 301, Cranbury, New Jersey for the purpose of administering and enforcing the affordability controls and the Borough's Affirmative Marketing Plan, in accordance with the regulations of the Council on Affordable Housing pursuant to N.J.A.C. 5:94 et.seq. and the New Jersey Uniform Housing Affordability Controls pursuant to N.J.A.C. 5:80-26 et.seq.; and, WHEREAS, the agreement permits the extension of the agreement for an additional two year period; and, WHEREAS, based on overall satisfaction with the services provided, the Borough Administrator has recommend the extension of the agreement for an additional two year period to expire on December 31, 2025; and, 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 agreement designating CGP&H as the Administrative Agent for affordable housing units in the Franklin Manor development, be extended for an additional two year period expiring December 31, 2025; and, Regular Meeting of the Mayor and Council Page 8 December 19, 2023 Minutes BE IT FURTHER RESOLVED that the Municipal Housing Liaison shall act as the liaison to CGP&H; and, BE IT FINALLY RESOLVED that a copy of this resolution be forwarded to CGP&H. Resolution 306-23 Award Contract Extension - MillPond at Franklin Lakes Administrative Agent WHEREAS, by resolution adopted December 21, 2021, the Mayor and Council of the Borough of Franklin Lakes entered into an agreement with Sterling Properties, LLC, having offices located at 50 E. Mt. Pleasant Avenue, Livingston, New Jersey 07039 for the purpose of administering and enforcing the affordability controls and the Borough's Affirmative Marketing Plan, in accordance with the regulations of the Council on Affordable Housing pursuant to N.J.A.C. 5:94 et.seq. and the New Jersey Uniform Housing Affordability Controls pursuant to N.J.A.C. 5:80-26 et.seq.; and, WHEREAS, the agreement permits the extension of the agreement for an additional two year period; and, WHEREAS, based on overall satisfaction with the services provided, the Borough Administrator has recommend the extension of the agreement for an additional two year period to expire on December 31, 2025; and, 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 agreement designating Sterling Properties, LLC, as the Administrative Agent for affordable housing units in the MillPond at Franklin Lakes development, be extended for an additional two year period expiring December 31, 2025; and, BE IT FURTHER RESOLVED that the Municipal Housing Liaison shall act as the liaison to Sterling Properties, LLC; and, BE IT FINALLY RESOLVED that a certified copy of this resolution be forwarded to the New Jersey Council On Affordable Housing and to Sterling Properties, LLC. Resolution 307-23 Cancellation of Property Taxes Under $10.00 WHEREAS, N.J.S.A. 40A:5-17 allows for the cancellation of 2023 property tax and sewer utility overpayments or delinquent amounts for amounts of less than $10.00; and, WHEREAS, the governing body may authorize the Tax Collector to process, without further action on their part, any cancellation of property tax and sewer utility overpayments or delinquencies of less than $10.00; NOW THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Franklin Lakes, County of Bergen and State of New Jersey that the Tax Collector be and is hereby authorized to cancel said property tax and sewer utility payments of less than $10.00 as deemed necessary; and, Regular Meeting of the Mayor and Council Page 9 December 19, 2023 Minutes BE IT FINALLY RESOLVED that a certified copy of this resolution be forwarded to the Tax Collector and Borough Auditor. Resolution 308-23 Chapter 159 2023 Private Donation—John J Skelly 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 $400.00, Private Donation— John J Skelly 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$400.00 which will be available as a revenue from: Miscellaneous Revenues: Public and Private Programs Offset by Appropriations: 2023 Private Donation—John J Skelly— Franklin Lakes Police Department $400.00 BE IT FURTHER RESOLVED that a sum of$400.00 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—John J Skelly— Franklin Lakes Police Department $400.00 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 309-23 Professional Development Policy Stipend WHEREAS,paragraph 13 of the Personnel Policies and Procedures Manual provides for payment of annual stipends to employees that obtain licenses and/or certificates that are related to, but not required for their positions, upon approval by resolution of the Mayor and Council; and, WHEREAS, the Borough Administrator has recommended payment of a professional development stipend to Administrative Assistant to Construction Department Erica Davenport for Regular Meeting of the Mayor and Council Page 10 December 19, 2023 Minutes her Technical Assistant certification in the amount of$500.00 for 2024, with the full amount to be included in the employee's 2024 salary; NOW THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Franklin Lakes, County of Bergen and State of New Jersey, that the recommendation of the Borough Administrator is hereby approved and the professional development stipend as set forth hereinabove is hereby approved, subject to the employee providing proof of obtaining the certification; and, BE IT FINALLY RESOLVED that a copy of this resolution be forwarded to Erica Davenport and the Payroll Administrator. Resolution 310-23 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 Reserve for Tax Appeals 100,000 Municipal Clerk OE 5,125 To Police S&W 17,500 General Administration OE 1,000 Buildings & Grounds 2,500 Vehicle Maintenance 5,000 Social Security System 4,900 Group Insurance Plan for Employees 74,000 DCRP Employer Contribution 225 105,125 105,125 Resolution 311-23 Chapter 159 —2023 Body Armor Replacement Grant 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 $2,035.71, 2023 Body Armor Replacement Grant 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 Regular Meeting of the Mayor and Council Page 11 December 19, 2023 Minutes Government Services to approve the insertion of an item of revenue in the 2023 Budget in the sum of$2,035.71 which will be available as a revenue from: Miscellaneous Revenues: Public and Private Programs Offset by Appropriations: 2023 Body Armor Replacement Grant $2,035.71 BE IT FURTHER RESOLVED that a sum of$2,035.71 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 Body Armor Replacement Grant $2,035.71 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, C(ail M. Rulli, Borough Clerk