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HomeMy Public PortalAbout2023-06-20 Regular Meeting Special Work Session of the Mayor and Council June 20, 2023 A regular meeting of the Mayor and Council was held on June 20, 2023, at 7:30 PM in the Municipal Building. Meeting Called to Order Roll Call The following Council Members and Professional Staff responded to the roll call: Mayor Kahwaty, Councilmember Ansh, Council President Bonagura, Councilmember Cardenas, Councilmember Kelly, Councilmember Lambrix, and Councilmember Sheppard. Also present were Borough Administrator Hart, and Borough Clerk Rulli. Borough Attorney Smith was absent. 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 and notice has been posted on the Bulletin Board at Borough Hall. Flay Salute Moment of Silent Appreciation to Our Veterans Presentations • Alexia Koulikourdis —Louis Bay 2nd Future Municipal Leaders Scholarship Semi-Finalist Mayor Kahwaty presented Ms. Koulikourdis with a certificate and she read her essay. Charlie Greene & Dylan Kucharski — Parks & Recreation Foundation 2023 Scholarship Winners Michele DeLuccia congratulated the scholarship recipients. Mr. Kucharski provided a video acceptance. Ms. Greene read her essay. Appointments Construction Assistant—Deborah Zorbas • Bond Counsel—Hawkins Delafield & Wood LLP • Per Diem Dispatcher—Maribel Seabrooks Mr. Hart added Lauren Deluccia, Tennis Attendant to the list of appointments. Motion made by Councilmember Kelly to make the above-mentioned appointments, seconded by Councilmember Cardenas. Regular Meeting of the Mayor and Council Page 2 June 20, 2023 Minutes Roll Call Vote: Ayes: Ansh, Bonagura, Cardenas, Kelly, Lambrix, Sheppard Nays: Abstain: Absent: Motion Approved Ordinances for Final Reading and Adoption Mr. Hart stated that the Counsel for Affordable Housing and the Borough Attorney both recommend making a motion to carry the public hearing of Ordinance 1911R to the July 6 Mayor and Council meeting. Councilmember Kelly asked to carry the ordinance to the next regular meeting, due to July 6 being a holiday week. Discussion ensued on the date to carry the ordinance to and the recommendation from the attorneys. Mr. Hart stated the attorneys recommend it be carried to July 6 and explained that it can be carried again if necessary. He indicated if further discussion was required it would need to be done in closed session. Motion to carry to the July 6th Mayor and Council meeting by Councilmember Sheppard, seconded by Councilmember Cardenas. All in favor. ORDINANCE NO. 1911R 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 Roll Call Vote: Ayes: Ansh, Bonagura, Cardenas, Kelly, Lambrix, Sheppard Nays: Abstain: Absent: Motion to carry Ordinance to July 6 Approved Motion made by Councilmember Lambrix to take up Ordinance 1912 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. ORDINANCE NO. 1912 AN ORDINANCE AUTHORIZING THE OBTAINING OF AN EASEMENT BY THE BOROUGH FOR THE INSTALLATION OF DRAINAGE FACILITIES Regular Meeting of the Mayor and Council Page 3 June 20, 2023 Minutes Motion to open the hearing to the public was made by Councilmember Kelly, seconded by Councilmember Lambrix. 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 Councilmember Lambrix. On voice vote, all in favor. WHEREAS, Ordinance 1912 was introduced at a meeting of the Mayor and Council held on the 2nd day of May, 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. 1912 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 Councilmember Sheppard, seconded by Councilmember Cardenas. Discussion—none. Roll Call Vote: Ayes: Ansh, Bonagura, Cardenas, Kelly, Lambrix, Sheppard Nays: Abstain: Absent: Motion Approved Motion made by Councilmember Sheppard to take up Ordinance 1913 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. 1913 AN ORDINANCE AMENDING CHAPTER 370 "PROPERTY, REHABILITATION OF ABANDONED" OF THE CODE OF THE BOROUGH OF FRANKLIN LAKES TO COMPLY WITH STATE LAW Motion to open the hearing to the public was made by Councilmember Kelly, seconded by Councilmember Lambrix. 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 Councilmember Lambrix. On voice vote, all in favor. Regular Meeting of the Mayor and Council Page 4 June 20, 2023 Minutes WHEREAS, Ordinance 1913 was introduced at a meeting of the Mayor and Council held on the 16'h day of May, 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. 1913 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 Councilmember Sheppard, seconded by Councilmember Kelly. Discussion—none. Roll Call Vote: Ayes: Ansh, Bonagura, Cardenas, Kelly, Lambrix, Sheppard Nays: Abstain: Absent: Motion Approved Motion made by Councilmember Lambrix to take up Ordinance 1914 for consideration of adoption on second and final reading, and direct the Borough Clerk to read by title, seconded by Councilmember Sheppard. On voice vote, all in favor. The Borough Clerk read the Ordinance by title only. ORDINANCE NO. 1914 AN ORDINANCE REPEALING ARTICLE V "AWARDING OF PUBLIC SERVICE CONTRACTS" OF CHAPTER 101 "PURCHASING AND PAYROLL" OF THE CODE OF THE BOROUGH OF FRANKLIN LAKES TO COMPLY WITH STATE LAW Motion to open the hearing to the public was made by Councilmember Cardenas, 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 Lambrix, seconded by Councilmember Cardenas. On voice vote, all in favor. WHEREAS, Ordinance 1914 was introduced at a meeting of the Mayor and Council held on the 16'h day of May, 2023 and duly published by law; Regular Meeting of the Mayor and Council Page S June 20, 2023 Minutes 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. 1914 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 Councilmember Lambrix, seconded by Councilmember Ansh. Discussion—none. Roll Call Vote: Ayes: Ansh, Bonagura, Cardenas, Kelly, Lambrix, Sheppard Nays: Abstain: Absent: Motion Approved Motion made by Councilmember Kelly to take up Ordinance 1915 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. 1915 AN ORDINANCE AUTHORIZING A REFERENDUM PURSUANT TO N.J.S.A. 40:12-15.7 PLACING ON THE BALLOT AT THE GENERAL ELECTION ON NOVEMBER 7, 2023 A QUESTION RELATED TO THE LEVY UPON THE TAXPAYERS OF A TAX FOR OPEN SPACE ACQUISITION AND MAINTENANCE Motion to open the hearing to the public was made by Councilmember Kelly, seconded by Councilmember Cardenas. 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 Councilmember Lambrix. On voice vote, all in favor. WHEREAS, Ordinance 1915 was introduced at a meeting of the Mayor and Council held on the 16'h day of May, 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. 1915 be and the same is hereby adopted on second and final reading; and, Regular Meeting of the Mayor and Council Page 6 June 20, 2023 Minutes 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 Councilmember Lambrix, seconded by Councilmember Cardenas. Discussion—Mr. Hart will send out a press release and information campaign. Roll Call Vote: Ayes: Ansh, Bonagura, Cardenas, Kelly, Lambrix, Sheppard Nays: Abstain: Absent: Motion Approved Motion made by Councilmember Sheppard to take up Ordinance 1916 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. 1916 AN ORDINANCE AUTHORIZING AND PROVIDING FOR THE PURCHASE AND INSTALLATION OF PLAYGROUND EQUIPMENT AND APPROPRIATING $256,000.00 FOR SAID EQUIPMENT AUTHORIZED TO BE UNDERTAKEN IN, BY AND FOR THE BOROUGH OF FRANKLIN LAKES, IN THE COUNTY OF BERGEN, NEW JERSEY Motion to open the hearing to the public was made by Councilmember Kelly, seconded by Councilmember Lambrix. 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 Councilmember Ansh. On voice vote, all in favor. WHEREAS, Ordinance 1916 was introduced at a meeting of the Mayor and Council held on the 16'h day of May, 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. 1916 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 7 June 20, 2023 Minutes Resolution read and introduced by Councilmember Lambrix, seconded by Councilmember Ansh. Discussion—Mr. Hart explained there are two grants that cover a large portion of the cost of this playground, the Borough's share is roughly $58,000.00. Roll Call Vote: Ayes: Ansh, Bonagura, Cardenas, Kelly, Lambrix, Sheppard Nays: Abstain: Absent: Motion Approved Motion made by Councilmember Kelly to take up Ordinance 1917 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. 1917 AN ORDINANCE AUTHORIZING AND PROVIDING FOR CERTAIN CAPITAL PROJECTS AND PURCHASES AND APPROPRIATING $454,000.00 FOR SAID PROJECTS AND PURCHASES AUTHORIZED TO BE UNDERTAKEN IN, BY AND FOR THE BOROUGH OF FRANKLIN LAKES, IN THE COUNTY OF BERGEN, NEW JERSEY Motion to open the hearing to the public was made by Councilmember Kelly, seconded by Councilmember Lambrix. 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 Councilmember Lambrix. On voice vote, all in favor. WHEREAS, Ordinance 1917 was introduced at a meeting of the Mayor and Council held on the 16'h day of May, 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. 1917 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 Councilmember Lambrix, seconded by Councilmember Kelly. Discussion—none. Regular Meeting of the Mayor and Council Page 8 June 20, 2023 Minutes Roll Call Vote: Ayes: Ansh, Bonagura, Cardenas, Kelly, Lambrix, Sheppard Nays: Abstain: Absent: Motion Approved Motion made by Councilmember Cardenas to take up Ordinance 1918 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. 1918 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 Motion to open the hearing to the public was made by Councilmember Kelly, seconded by Councilmember Lambrix. On voice vote, all in favor. Michael Tulp, 685 Shawnee Drive, Shade Tree Commission, stated there was overwhelming support for this ordinance. Mr. Tulp had over 1,000 tree removals by permit; many of the items in the ordinance will curb some of the removals. Violations and fines will make the message clear. 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 1918 was introduced at a meeting of the Mayor and Council held on the 16'h day of May, 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. 1918 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 Councilmember Sheppard, seconded by Councilmember Ansh. Discussion—Mr. Hart stated a press release will be released to promote this ordinance and it will be given out to applicants who apply for a tree permit. Councilmember Sheppard complimented Mr. Hart for his work on this. Roll Call Vote: Ayes: Ansh, Bonagura, Cardenas, Kelly, Lambrix, Sheppard Regular Meeting of the Mayor and Council Page 9 June 20, 2023 Minutes Nays: Abstain: Absent: Motion Approved Motion made by Councilmember Sheppard to take up Ordinance 1919 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. 2023 SALARY ORDINANCE AMENDMENT ORDINANCE NO. 1919 AN ORDINANCE AMENDING ORDINANCE NO. 1902 ENTITLED "AN ORDINANCE RELATING TO SALARIES AND OTHER COMPENSATION OF OFFICERS, MANAGERIAL STAFF, CONFIDENTIAL EMPLOYEES, AND EMPLOYEES OF THE BOROUGH OF FRANKLIN LAKES, COUNTY OF BERGEN, STATE OF NEW JERSEY FOR THE YEAR 2023" TO CORRECT CERTAIN SALARIES/STIPENDS Motion to open the hearing to the public was made by Councilmember Kelly, seconded by Councilmember Lambrix. 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 Councilmember Ansh. On voice vote, all in favor. WHEREAS, Ordinance 1919 was introduced at a meeting of the Mayor and Council held on the 16'h day of May, 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. 1919 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 Councilmember Lambrix, seconded by Councilmember Ansh. Discussion—Mr. Hart stated there was a minor correction to the ordinance. Roll Call Vote: Ayes: Ansh, Bonagura, Cardenas, Kelly, Lambrix, Sheppard Nays: Abstain: Absent: Motion Approved Regular Meeting of the Mayor and Council Page 10 June 20, 2023 Minutes Time for Public Comment Motion to open the time for public comment was made by Councilmember Kelly, seconded by Lambrix. On voice vote, all in favor. Laurie Burnette, 746 Lawlins Road, agreed with Councilwoman Kelly that on July 6 many residents will be away and asked why Ordinance 1911R is moving to that date. Regarding PSE&G, she asked what PSE&G's responsibility is to pave our roads, the time period, and asked why PSE&G can't be pushed to do more. Mr. Hart responded that legal counsel has advised that it would not be advisable to move forward at this time on Ordinance 1911R and noted the effective date of the ordinance is upon approval of the ordinance by the court. He expects paving to be completed sometime this year and noted the Borough's responsibility is assessed by the road program. He explained that the Borough enters into an agreement that they pave the entire width of certain roads and the Borough paves roads that aren't being done by PSE&G. Councilmember Sheppard spoke about a method where PSE&G can install pipes without having to cut the road. Mayor Kahwaty stated the paving is a work in progress and has hopes that it will turn out well. Motion to close the time for public comment was made by Councilmember Sheppard, seconded by Council President Bonagura. On voice vote, all in favor. Consent Agenda Resolution 180-23 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 181-23 Accept Report of Finance Committee Resolution 182-23 Affordable Housing Administrative Agent- Colonial Pointe Resolution 183-23 Affordable Housing Administrative Agent—Reserve Resolution 184-23 Approve Police Selection Procedures Resolution 185-23 Authorize Agreement- Sanitary Sewer Connection Resolution 186-23 Authorize Inclusion in the BCCD Program FY 2024, 2025, 2026 Resolution 187-23 Authorize Agreement to Establish BCCD Program FY 2024, 2025, 2026 Resolution 188-23 Award Contract—2023 Ford F-250 Truck Resolution 189-23 Award Contract—DPW Backhoe Resolution 190-23 Bergen County Community Development Representatives Resolution 191-23 Bergen County Open Space Representatives Resolution 192-23 Supporting Bergen County Fire Mutual Aid Agreement Resolution 193-23 Supporting Senate Bill 3906 —"Give It Back" Resolution 194-23 Professional Service Agreement—Bond Counsel Regular Meeting of the Mayor and Council Page 11 June 20, 2023 Minutes Resolutions read and introduced by Council President Bonagura, seconded by Councilmember Ansh. Roll Call Vote: Ayes: Ansh, Bonagura, Cardenas, Kelly, Lambrix, Sheppard Nays: Abstain: Absent: Motion Approved Action on Minutes Motion to accept the minutes was made by Councilmember Lambrix, and seconded by Council President Bonagura: • April 18, 2023 Parsons Pond Park Planning Committee • May 2, 2023 Work Session • May 2, 2023 Closed • May 16, 2023 Regular • May 26, 2023 Parsons Pond Park Planning Committee June 1, 2023 Fire Department Capital and Recruitment Meeting Councilmember Kelly asked the minutes of May 26 be amended as she did not agree to a band shell. Following discussion held on the content of the meeting on May 26,they were not changed. Roll Call Vote: Ayes: Ansh, Bonagura, Cardenas, Kelly, Lambrix, Sheppard Nays: Kelly on May 16 and May 26; Sheppard on May 26 Abstain: Absent: Motion Approved Old Business None New Business • Deer Issues Mayor Kahwaty reported he was contacted by Mayor George of North Haledon about difficulty in regulating the deer population. North Haledon doesn't want to do a deer hunt, and he wants to know what the consensus of the Franklin Lakes Council is. Mr. Hart spoke about various methods of handling population, and the effective/ineffectiveness of each. Regular Meeting of the Mayor and Council Page 12 June 20, 2023 Minutes Discussion ensued on the shooting of deer by authorized agents. Council President Bonagura stated something needs to be done to control the population. Councilmember Kelly stated hunting is too dangerous. Following discussion, the Mayor and Council will ask Fish and Game to come to a meeting to discuss options. Mayor Kahwaty will tell Mayor George that we will look into it further. Introduction of Ordinances on First Reading Motion to take up consideration of Ordinance 1920 for Introduction, and direct the Borough Clerk to read by title was made by Councilmember Lambrix, seconded by Councilmember Ansh. On voice vote, all in favor. The Borough Clerk read the Ordinance by title only. ORDINANCE NO. 1920 AN ORDINANCE SUPPLEMENTING CHAPTER 157 "ANIMALS" OF THE CODE OF THE BOROUGH OF FRANKLIN LAKES TO DELETE REFERENCE TO BERGEN COUNTY ANIMAL SHELTER WHEREAS, Ordinance 1920 was introduced at a meeting of the Mayor and Council held on the 20'h day of June, 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 1920 be and the same is hereby introduced on First Reading; and, BE IT FURTHER RESOLVED that said Ordinance 1920 will be further considered for final passage at a meeting of the said Mayor and Council to be held on the 18'h day of July, 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 1920; 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 Lambrix, seconded by Councilmember Ansh. Discussion—none. Roll Call Vote: Ayes: Ansh, Bonagura, Cardenas, Kelly, Lambrix, Sheppard Nays: Abstain: Absent: Motion Approved Regular Meeting of the Mayor and Council Page 13 June 20, 2023 Minutes Motion to take up consideration of Ordinance 1921 for Introduction, and direct the Borough Clerk to read by title was made by Councilmember Ansh, seconded by Councilmember Sheppard. On voice vote, all in favor. The Borough Clerk read the Ordinance by title only. ORDINANCE NO. 1921 AN ORDINANCE AUTHORIZING AND PROVIDING FOR CERTAIN PARK IMPROVEMENTS AND APPROPRIATING $150,400.00 FOR SAID IMPROVEMENTS AUTHORIZED TO BE UNDERTAKEN IN, BY AND FOR THE BOROUGH OF FRANKLIN LAKES, IN THE COUNTY OF BERGEN, NEW JERSEY WHEREAS, Ordinance 1921 was introduced at a meeting of the Mayor and Council held on the 20'h day of June, 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 1921 be and the same is hereby introduced on First Reading; and, BE IT FURTHER RESOLVED that said Ordinance 1921 will be further considered for final passage at a meeting of the said Mayor and Council to be held on the 18'h day of July, 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 1921; 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 Ansh, seconded by Councilmember Sheppard. Discussion — Councilmember Lambrix inquired about the improvements. Mr. Hart stated this ordinance appropriates money for projects, approximately half of this amount is from a 2021 Grant. The grant was initially intended to be put towards the cost of the bridge at Parsons Pond Park, which is no longer needed. No decisions have been made at this time and this ordinance appropriates the funds for when it is determined. Roll Call Vote: Ayes: Ansh, Bonagura, Cardenas, Kelly, Lambrix, Sheppard Nays: Abstain: Absent: Motion Approved Regular Meeting of the Mayor and Council Page 14 June 20, 2023 Minutes Motion to take up consideration of Ordinance 1922 for Introduction, and direct the Borough Clerk to read by title was made by Council President Bonagura, seconded by Councilmember Lambrix. On voice vote, all in favor. The Borough Clerk read the Ordinance by title only. ORDINANCE NO. 1922 A BOND ORDINANCE AUTHORIZING PURCHASE OF FIRE APPARATUS BY AND FOR THE BOROUGH OF FRANKLIN LAKES,IN THE COUNTY OF BERGEN,NEW JERSEY,APPROPRIATING AN AGGREGATE AMOUNT OF$1,690,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF NOT EXCEEDING$1,590,000 IN AGGREGATE PRINCIPAL AMOUNT OF BONDS OR NOTES TO FINANCE PART OF THE COST THEREOF. WHEREAS, Ordinance 1922 was introduced at a meeting of the Mayor and Council held on the 20'h day of June, 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 1922 be and the same is hereby introduced on First Reading; and, BE IT FURTHER RESOLVED that said Ordinance 1922 will be further considered for final passage at a meeting of the said Mayor and Council to be held on the 18'h day of July, 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 1922; 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 Kelly. Discussion—Mayor Kahwaty stated this is upon the strong recommendation of the Public Safety Committee. Roll Call Vote: Ayes: Ansh, Bonagura, Cardenas, Kelly, Lambrix, Sheppard Nays: Abstain: Absent: Motion Approved Motion to take up consideration of Ordinance 1923 for Introduction, and direct the Borough Clerk to read by title was made by Council President Bonagura, seconded by Councilmember Ansh. On voice vote, all in favor. Regular Meeting of the Mayor and Council Page 15 June 20, 2023 Minutes The Borough Clerk read the Ordinance by title only. ORDINANCE NO. 1923 AN ORDINANCE SUPPLEMENTING CHAPTER 470 "VEHICLES AND TRAFFIC" OF THE CODE OF THE BOROUGH OF FRANKLIN LAKES TO PROHIBIT PARKING ON PORTIONS OF ASPEN WAY, LINDEN WAY AND PULIS AVENUE WHEREAS, Ordinance 1923 was introduced at a meeting of the Mayor and Council held on the 20'h day of June, 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 1923 be and the same is hereby introduced on First Reading; and, BE IT FURTHER RESOLVED that said Ordinance 1923 will be further considered for final passage at a meeting of the said Mayor and Council to be held on the 18'h day of July, 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 1923; 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—none. Roll Call Vote: Ayes: Ansh, Bonagura, Cardenas, Kelly, Lambrix, Sheppard Nays: Abstain: Absent: Motion Approved Motion to take up consideration of Ordinance 1924 for Introduction, and direct the Borough Clerk to read by title was made by Councilmember Ansh, seconded by Council President Bonagura. On voice vote, all in favor. The Borough Clerk read the Ordinance by title only. ORDINANCE NO. 1924 AN ORDINANCE AUTHORIZING AND PROVIDING FOR CERTAIN REPAIRS AND IMPROVEMENTS TO THE PARSONS POND PARK MULTIPURPOSE BUILDING AND APPROPRIATING $96,000.00 FOR SAID REPAIRS AND Regular Meeting of the Mayor and Council Page 16 June 20, 2023 Minutes IMPROVEMENTS AUTHORIZED TO BE UNDERTAKEN IN, BY AND FOR THE BOROUGH OF FRANKLIN LAKES, IN THE COUNTY OF BERGEN, NEW JERSEY WHEREAS, Ordinance 1924 was introduced at a meeting of the Mayor and Council held on the 20'h day of June, 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 1924 be and the same is hereby introduced on First Reading; and, BE IT FURTHER RESOLVED that said Ordinance 1924 will be further considered for final passage at a meeting of the said Mayor and Council to be held on the 18'h day of July, 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 1924; 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 Ansh, seconded by Councilmember Kelly. Discussion—Councilmember Cardenas suggested using the building as a bunk house for firemen to help in recruitment until a use has been determined. Discussion ensued regarding multiple suggestions and it was decided to share the idea with the Fire Chief and consider for further review. Roll Call Vote: Ayes: Ansh, Bonagura, Cardenas, Kelly, Lambrix, Sheppard Nays: Abstain: Absent: Motion Approved Motion to take up consideration of Ordinance 1925 for Introduction, and direct the Borough Clerk to read by title was made by Councilmember Lambrix, seconded by Councilmember Kelly. On voice vote, all in favor. The Borough Clerk read the Ordinance by title only. 2023 SALARY ORDINANCE AMENDMENT ORDINANCE NO. 1925 AN ORDINANCE AMENDING ORDINANCE NO. 1902 ENTITLED "AN ORDINANCE RELATING TO SALARIES AND OTHER COMPENSATION OF OFFICERS, MANAGERIAL STAFF, CONFIDENTIAL EMPLOYEES, AND EMPLOYEES OF THE BOROUGH OF FRANKLIN LAKES, COUNTY OF BERGEN, STATE OF NEW JERSEY FOR THE YEAR 2023" TO ADD STIPEND Regular Meeting of the Mayor and Council Page 17 June 20, 2023 Minutes FOR CERTIFIED LEAD INSPECTOR/RISK ASSESSOR WHEREAS, Ordinance 1925 was introduced at a meeting of the Mayor and Council held on the 20'h day of June, 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 1925 be and the same is hereby introduced on First Reading; and, BE IT FURTHER RESOLVED that said Ordinance 1925 will be further considered for final passage at a meeting of the said Mayor and Council to be held on the 18'h day of July, 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 1925; 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 Lambrix, seconded by Council President Bonagura. Discussion — Mr. Hart stated this is in response to a new state requirement for Lead Based Paint Inspections. Gary Goodman, Building Inspector and Brian Comitto, Fire Inspector will be trained to maintain this certification and the Borough is receiving a grant this year for the payment of their stipends. Roll Call Vote: Ayes: Ansh, Bonagura, Cardenas, Kelly, Lambrix, Sheppard Nays: Abstain: Absent: Motion Approved Resolution For Closed Session The consensus of the Mayor and Council was that no discussion was required on "Pending Litigation — Settlement of Tax Appeal - 193 Birch Road" and it would be on the next consent agenda. 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, June 20, 2023 which begins at 7:30 PM, in the Council Chambers at the Municipal Building to discuss the following: • Pending Litigation—Cigna Property • Contractual—Hovnanian Sewers Regular Meeting of the Mayor and Council Page 18 June 20, 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 8:53 PM by Council President Bonagura, seconded by Councilmember Kelly. On voice vote, all in favor. The Mayor and Council returned to open session at 10:00 PM. Adiournment Motion to adjourn the meeting was made at 10:00 PM by Councilmember Kelly, seconded by Councilmember Cardenas. On voice vote, all in favor. Resolutions Resolution 181-23 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$456,650.93 as shown on the Claims Bill List; and $1,215.00 as shown on the Soil Account Bill List. BE IT FURTHER RESOLVED, that the payroll of June 8, 2023 in the amount of$271,451.65 be hereby ratified and approved. Resolution 182-23 Appoint Administrative Agent—Colonial Pointe WHEREAS, by Resolution 201-21 adopted on July 6, 2021, the Mayor and Council entered into an agreement with Piazza & Associates, Inc., having offices located at 216 Rockingham Row, Princeton, 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.seg. and the New Jersey Uniform Housing Affordability Controls pursuant to N.J.A.C. 5:80-26 et.seq., in a form approved by the Borough Attorney; and, WHEREAS,the agreement permits the extension of the contract for an additional two year period; and, WHEREAS, based on satisfactory performance, the Borough Administrator has recommended the extension of the contract for an additional two year period to expire on June 30, 2025; 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 Mayor and Borough Clerk are Regular Meeting of the Mayor and Council Page 19 June 20, 2023 Minutes hereby authorized and directed to sign an agreement on behalf of the Borough with Piazza & Associates, Inc., designating Piazza&Associates, Inc., as the Administrative Agent for affordable housing units in the Colonial Pointe development, in a form approved by the Borough Attorney; and, BE IT FURTHER RESOLVED that the Municipal Housing Liaison shall act as the liaison to Piazza & Associates, Inc.; and, BE IT FINALLY RESOLVED that a copy of this resolution be forwarded to Piazza & Associates, Inc. Resolution 183-23 Appoint Administrative Agent—Reserve at Franklin Lakes WHEREAS, by Resolution 202-21 adopted on July 6, 2021, the Mayor and Council entered into an agreement with Piazza & Associates, Inc., having offices located at 216 Rockingham Row, Princeton, 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.seg. and the New Jersey Uniform Housing Affordability Controls pursuant to N.J.A.C. 5:80-26 et.seq., in a form approved by the Borough Attorney; and, WHEREAS,the agreement permits the extension of the contract for an additional two year period; and, WHEREAS, based on satisfactory performance, the Borough Administrator has recommended the extension of the contract for an additional two year period to expire on June 30, 2025; 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 Mayor and Borough Clerk are hereby authorized and directed to sign an agreement on behalf of the Borough with Piazza & Associates, Inc., designating Piazza&Associates, Inc., as the Administrative Agent for affordable housing units in the Reserve at Franklin Lakes development, in a form approved by the Borough Attorney; and, BE IT FURTHER RESOLVED that the Municipal Housing Liaison shall act as the liaison to Piazza & Associates, Inc.; and, BE IT FINALLY RESOLVED that a copy of this resolution be forwarded to Piazza & Associates, Inc. Resolution 184-23 Police Department Selection Procedures WHEREAS, the Police Department has submitted the "Franklin Lakes Police Department Standard Operating Procedure"entitled"Selection"for approval by the Mayor and Council,which document is incorporated by reference herein; and, Regular Meeting of the Mayor and Council Page 20 June 20, 2023 Minutes WHEREAS, the Public Safety Committee has reviewed this proposed Standard Operating Procedure and recommends that the Mayor and Council approve said Standard Operating Procedure; 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 "Franklin Lakes Police Department Standard Operating Procedure" entitled "Selection"be and is hereby approved; and BE IT FINALLY RESOLVED that a copy of this resolution be forwarded to the Police Captain. Resolution 185-23 Authorize Agreement—Sanitary Sewer Connection—133 Pulis Avenue WHEREAS, the Borough of Franklin Lakes has determined that the most expeditious and economical way for the property located at 133 Pulis Avenue to be provided with sanitary sewer service is by connection to an existing sewer in Mahwah, which is, in turn, connected ultimately to the Northwest Bergen County Utilities Authority treatment facility, NOW, THEREFORE, 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 the Sanitary Sewer Connection Agreement between the Borough of Franklin Lakes and the Township of Mahwah to provide a sanitary sewer connection for a single family dwelling at 133 Pulis Avenue, Lot 1.12, Block 2701, Franklin Lakes,New Jersey, in a form satisfactory to the Borough Attorney. Resolution 186-23 Authorize Inclusion in the Bergen County Community Development Program FY 2024, 2025, 2026 WHEREAS certain Federal funds are potentially available to the County of Bergen under Title I of the Housing and Community Development Act of 1974, as amended; the HOME Investment Partnership Act of 1990, as amended; and the Emergency Solutions Grant of 2012; and, WHEREAS the current Interlocal Services Cooperative Agreement contains an automatic renewal clause to expedite the notification of the inclusion process; and, WHEREAS each Municipality must notify the Bergen County Division of Community Development of its intent to continue as a participant in the Urban County entitlement programs noted above; and, WHEREAS it is in the best interest of the Municipality of the Borough of Franklin Lakes and its residents to participate in said Programs. NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Municipality of the Borough of Franklin Lakes hereby notifies the Bergen County Division of Community Development of its decision to be included as a participant Municipality in the Urban County entitlement programs being the Community Development Block Grant Program (CDBG), the HOME Investment Partnership Program (HOME), and the Emergency Solutions Grant Program (ESG)for the Fiscal Years 2024, 2025, and 2026 covering the period July 1, 2024—June 30, 2027; and, Regular Meeting of the Mayor and Council Page 21 June 20, 2023 Minutes BE IT FURTHER RESOLVED that an original copy of this resolution be made available to the Director of the Bergen County Division of Community Development as soon as possible and no later than Monday, June 26, 2023. Resolution 187-23 Authorize Agreement to Establish BCCD Program FY 2024, 2025, 2026 A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE COUNTY OF BERGEN TO SUPERSEDE THE COOPERATIVE AGREEMENT DATED JULY 1, 2021, AND AMENDMENTS THERETO ESTABLISHING THE BERGEN COUNTY COMMUNITY DEVELOPMENT PROGRAM WHEREAS certain Federal funds are potentially available to the County of Bergen under Title I of the Housing and Community Development Act of 1974, as amended; the HOME Investment Partnership Act of 1990, as amended; and the Emergency Solutions Grant of 2012; and, WHEREAS it is necessary to supersede an existing Interlocal Services Cooperative Agreement for the County and its people to benefit from these Programs; and, WHEREAS, an Agreement has been proposed under which the Municipality of the Borough of Franklin Lakes and the County of Bergen in cooperation with other Municipalities, will modify an Interlocal Services Program pursuant to N.J.S.A. 40A:65-1 et seq.; and, WHEREAS it is in the best interest of the Municipality of the Borough of Franklin Lakes to enter into such an Agreement. NOW, THEREFORE, BE IT RESOLVED by the Municipality of the Borough of Franklin Lakes that the Agreement entitled "Three Year Cooperative Agreement" (an Agreement superseding the Cooperative Agreement dated July 1, 2021 —June 30, 2024)to clarify the planning and implementation procedures and to enable the Municipality to make a Three Year irrevocable commitment to participate in the Community Development Block Grant Program (CDBG), the Home Investment Partnership Program (HOME), and the Emergency Solutions Grant Program (ESG) for the Fiscal Years 2024, 2025, and 2026 covering the period July 1, 2024 — June 30, 2027, be executed by the Mayor and Municipal Clerk in accordance with the provisions of law; and, BE IT FURTHER RESOLVED that this resolution shall take effect immediately in accordance with law and that an original copy be made available to the Director of the Bergen County Division of Community Development as soon as possible and no later than Monday, June 26, 2023. Resolution 188-23 Award Contract—2023 Ford F-250 Truck WHEREAS, the Borough of Franklin Lakes wishes to purchase a 2023 Ford F-250 truck for the Public Works Department from an authorized vendor under the State of New Jersey Cooperative Purchasing Program; and, Regular Meeting of the Mayor and Council Page 22 June 20, 2023 Minutes WHEREAS, the purchase of goods and services by local contracting units is authorized by the Local Public Contracts Law, N.J.S.A 40A:11-12; and, WHEREAS, Nielsen Ford, 170 Ridgedale Avenue, Morristown, New Jersey 07405 has been awarded New Jersey State Contract Number 23-FLEET-34922; and, WHEREAS,the Superintendent of Public Works recommends the utilization of this State contract for the purchase of the Ford F-250 truck, for the proposal amount of$57,691.50; 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 contract for the purchase of a 2023 Ford F-250 be and is hereby awarded to Nielsen Ford in accordance with State Contract Number 23-FLEET-34922,for the proposal amount of$57,691.50, subject to confirmation of State contract pricing; and BE IT FURTHER RESOLVED that the Chief Financial Officer has certified the availability of funds for this purchase, Account: Ordinance No. 1894 Certification of Funds: William G. Pike, Chief Financial Officer BE IT FINALLY RESOLVED that a copy of this resolution be forwarded to Nielsen Ford and the Superintendent of Public Works. Resolution 189-23 Award Contract—DPW Backhoe WHEREAS, the Borough of Franklin Lakes, pursuant to N.J.S.A. 40A:11-11(5) and N.J.A.C. 5:34-7.1, et seq., may by resolution and without advertising for bids,purchase any good or services under a Cooperative Pricing System, of which the Borough is a member; and, WHEREAS, the Borough of Franklin Lakes is a member of the Education Services Commission of New Jersey Cooperative Pricing System(ESCNJ) and has the need on a timely basis to purchase goods or services using those contracts; and, WHEREAS, the Borough of Franklin Lakes intends to enter into contracts with the following contract vendors through this resolution and properly executed purchase orders as needed, which shall be subject to all the conditions applicable to current ESCNJ and County contracts: • Subject—John Deere Backhoe Loader • ESCNJ Contract No. ESCNJ 22/23-27 • Vendor—Jesco Inc., 118 St. Nicholas Street, South Plainfield, New Jersey Regular Meeting of the Mayor and Council Page 23 June 20, 2023 Minutes Contract Amount - $142,772.18, in accordance with proposal dated June 14, 2023, which includes a trade-in of 2010 John Deere backhoe for $31,500.00 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 a contract for the purchase of a John Deere backhoe loader be and is hereby awarded to Jesco Inc., in accordance with ESCNJ Contract No. ESCNJ 22/23-27, in the amount of$142,772.18; and, WHEREAS,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 BE IT FINALLY RESOLVED that a copy of this resolution be forwarded to Jesco Inc. and the Superintendent of Public Works. Resolution 190-23 Bergen County Community Development Representatives A RESOLUTION AUTHORIZING APPOINTMENT OF MUNICIPAL REPRESENTATIVES TO THE BERGEN COUNTY COMMUNITY DEVELOPMENT REGIONAL COMMITTEE WHEREAS, the Municipality of Franklin Lakes has entered into a three year Cooperative Agreement with the County of Bergen as provided under the Interlocal Services Act N.J.S.A. 40A:8a-1 et seq. and Title 1 of the Housing and Community Development Act of 1974; and, WHEREAS, said Agreement requires that the Municipal Council appoint a representative and alternate and that the Mayor appoint a representative and alternate for the FY 2023-2024 term starting July 1, 2023 and ending on June 30, 2024. NOW, THEREFORE, BE IT RESOLVED that the Municipal Council hereby appoints Councilmember Gail A. Kelly as its representative and Councilmember Gary Sheppard as its alternate and that the Mayor hereby appoints Gregory C. Hart, Borough Administrator as the Mayor's representative and Mayor Charles J. X. Kahwaty is appointed as the Mayor's alternate representative to serve on the Community Development Regional Committee for FY 2023-2024; and, BE IT FURTHER RESOLVED that an original, certified copy of this resolution be immediately forwarded emailed and sent via postage to Robert G. Esposito, Director; Bergen County Division of Community Development; One Bergen County Plaza, Fourth Floor; Hackensack, New Jersey 076011 respositogco.bergen.nj.us as soon as possible and no later than Monday, June 26, 2023. Regular Meeting of the Mayor and Council Page 24 June 20, 2023 Minutes Resolution 191-23 Bergen County Open Space Representatives WHEREAS, the Borough of Franklin Lakes has entered into a Cooperative Agreement with the County of Bergen as provided under the Interlocal Service Act, N.J.S.A. 40A:8A-1 et seq., to participate in the Bergen County Open Space, Recreation, Farmland and Historic Preservation Trust Fund; and, WHEREAS, said Agreement requires that one Municipal Representative be appointed by the Governing Body of the community to be part of the Open Space Trust Municipal Program Regional Committee for the term of one year coinciding with the fiscal year July 1, 2023 through June 30, 2024; 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 Borough Administrator Gregory C. Hart is hereby appointed as representative and Councilmember Thomas G. Lambrix is hereby appointed as its alternate representative to participate on the Open Space Trust Regional Committee. Resolution 192-23 Supporting Bergen County Fire Mutual Aid Plan WHEREAS, the Borough of Franklin Lakes provides fire protection resources for ordinary emergency response requirements within its jurisdiction; and, WHEREAS, the Fire Departments in Bergen County have a day-to-day responsibility to provide for the safety and security of lives and property; and, WHEREAS, local resources can become exhausted during the small percentage of large magnitude fire or disaster occurrences; and, WHEREAS, mutual aid is the most cost-effective method of providing sufficient resources to a local jurisdiction for those extraordinary occurrences; and, WHEREAS, it is of mutual benefit for fire departments located within the County of Bergen to provide supplemental resources to each other in the event of a local emergency or disaster; and, WHEREAS, this plan will provide a uniform procedure for the coordination of the requesting, dispatching, and utilization of fire department personnel and equipment whenever a local fire department requires mutual aid assistance from any other jurisdiction, both contiguous and non- contiguous, in the event of a fire or emergency; and, WHEREAS, a county area mutual aid plan is encouraged by, and is compatible with the State of New Jersey Resource Deployment Act; and, WHEREAS, participation in a county area mutual aid plan will not impose liability on the local entity; and, Regular Meeting of the Mayor and Council Page 25 June 20, 2023 Minutes WHEREAS, it is the desire of the governing body of the Borough of Franklin Lakes to participate in fire mutual aid plan; NOW, THEREFORE, BE IT RESOLVED the Mayor and Council of the Borough of Franklin Lakes, County of Bergen, and State of New Jersey, does hereby agree to authorize their fire department to provide mutual aid assistance to each participating municipality, district, state or federal organization, as identified in the Bergen County Fire Mutual Aid Plan(ESF 4) and as may be amended from time to time by Participating Units and ratified by this body; and, BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to the Bergen County Office of Emergency Management for filing. Resolution 193-23 Supporting Senate Bill 3906—"Give It Back" WHEREAS, the New Jersey Debt Defeasance and Prevention Fund was created for the purpose of repaying or defeasing taxpayer-funded debt and funding capital projects that would otherwise be paid for with new debt; and, WHEREAS, the New Jersey Debt Defeasance and Prevention Fund is expected to have an unallocated balance of at least $4.32 billion; and, WHEREAS, members of the New Jersey Senate Republican caucus, including Senator Kristin M. Corrado, have introduced Senate Bill 3906 (S-3906), which would allocate $4.32 billion from the New Jersey Debt Defeasance and Prevention Fund to towns and counties to repay local government debt, advance capital projects of their choosing, and provide property tax relief to residents; and, WHEREAS, funds would be allocated by S-3906 on a per capita basis, meaning every town and county would get a fair share of funding based on population; and, WHEREAS, S-3906 provides that $3 billion would be allocated to New Jersey municipalities on a per capita basis, and $1.32 billion would be allocated to New Jersey counties on a per capita basis; and, WHEREAS, prior allocations from the New Jersey Debt Defeasance and Prevention fund have not been determined in a fair, equitable, or transparent manner; and, WHEREAS, the Borough of Franklin Lakes would receive an estimated allocation of$3,578,105 under S-3906 based on 2020 United States Census data; and, WHEREAS, S-3906 requires funds to be disbursed within 30 days of the legislation's enactment; and, WHEREAS, S-3906 is not expected to have a fiscal impact on the proposed State Budget for Fiscal Year 2024; and, Regular Meeting of the Mayor and Council Page 26 June 20, 2023 Minutes WHEREAS, local and county governments are contending with soaring health care premiums, rising pension costs, and inflationary pressures that have impacted their budgets; and, WHEREAS, the significant allocations to towns and counties across New Jersey that have been proposed under 5-3906 would help to lower and stabilize property taxes for years to come; NOW THEREFORE, BE IT RESOLVED that the Mayor and Council of the Borough of Franklin Lakes, County of Bergen and State of New Jersey hereby urges the New Jersey Legislature to approve Senate Bill 5-3906 and urges Governor Phil Murphy to sign 5-3906 into law; and, BE IT FINALLY RESOLVED that a copy of this resolution be forwarded to the Borough's State legislators and Governor Phil Murphy. Resolution 194-23 Professional Service Agreement -Bond Counsel WHEREAS, it is necessary for the Borough of Franklin Lakes to engage the professional services of Bond Counsel for the period from July 1, 2023 to December 31, 2023 to serve as Borough Bond Counsel; and, WHEREAS, N.J.S.A. 40A:11-1 et seq. exempts professional services from certain requirements of public bidding provided a notice of the appointment be printed in a newspaper of general circulation within the municipality; and, WHEREAS, the Borough is empowered by law to appoint and employ professionals, technical advisors and experts as the Borough may determine to be necessary for its efficient operation; and, WHEREAS, N.J.S.A. 19:44A-20.1 et seq., commonly known as the "State Pay to Play" law,took effect on January 1", 2006; and, WHEREAS, the Borough has fully complied with the "fair and open" process set forth under N.J.S.A. 19:44A-20.1 et sec., and, WHEREAS, the firm of Hawkins Delafield & Wood LLP possess the requisite expertise and skilled personnel required to provide professional Bond Counsel services required by the Borough; and, WHEREAS, the Borough Administrator and the Administration Committee has determined that the firm of Hawkins Delafield & Wood LLP services will be the most advantageous to the Borough, all relevant factors considered; and, WHEREAS,the Borough has received a Business Registration Certificate and Affirmative Action compliance statement from the firm prior to entering into a contract; and, WHEREAS N.J.S.A. 40A:11-1 et sec.. requires that the resolution awarding contracts for "professional services" without competitive bidding and the agreement between the parties must be available for public inspection; and, Regular Meeting of the Mayor and Council Page 27 June 20, 2023 Minutes WHEREAS, the award by the Borough of a contract to Hawkins Delafield & Wood LLP for the provision of professional Bond Counsel services is in the best interests of the Borough and the implementation of this contract is necessary for the efficient operation of the Borough, 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 Hawkins Delafield & Wood LLP be and is hereby appointed as Borough Bond Counsel for the period from July 1, 2023 to December 31, 2023 pursuant to a"fair and open"process; and, BE IT FURTHER RESOLVED that compensation for said Borough Bond Counsel for the year the period from July 1, 2023 to December 31, 2023 shall be claimed, approved and paid in the manner set forth in N.J.S.A. 40A:5-18, as per their proposal dated June 8, 2023, which includes a base fee of$3,500 plus $1.00 per$1,000 of bond issue $1,000 plus $.50 per$1,000 of notes issued, and pursuant to an agreement to be entered into between the parties; and, BE IT FURTHER RESOLVED that this contract is subject to the availability and appropriation of sufficient funds in the 2023 adopted budget; and, BE IT FURTHER RESOLVED that the Chief Financial Officer be and is hereby authorized and directed to issue payment upon receipt of approved voucher; and, BE IT FINALLY RESOLVED that the Borough Clerk shall cause a notice of the adoption of this resolution be printed in a qualified newspaper within ten (10) days after passage hereof. Respectfully submitted, . )� . (7�, 1 M. Rulli, Borough Clerk