HomeMy Public PortalAbout2023-01-03 Sine Die Meeting Meeting of the Mayor and Council
January 3, 2023
A Sine Die Meeting (December 20, 2022 Regular Meeting Recessed) of the Mayor and Council
was held on January 3, 2023 at 6:00 PM in the Council Chambers of the Municipal Building.
Meeting Called to Order
Roll Call
The following Council Members and Professional Staff responded to the roll call: Mayor Bivona,
Councilmember Bonagura, Councilmember Cadicina, Councilmember Kahwaty, Councilmember
Kelly, Councilmember Lambrix, and Council President Swist. Also present were Borough
Administrator Hart, Borough Attorney Smith and Borough Clerk Rulli.
Sunshine Law Statement:
The Borough Clerk read the Sunshine Law Statement.
Flat Salute
Moment of Silent Appreciation to Our Veterans
Ordinances for Final Reading and Adoption
Motion made by Councilmember Kahwaty to take up Ordinance 1900 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. 1900
AN ORDINANCE AUTHORIZING AND PROVIDING FOR VARIOUS
IMPROVEMENTS AND APPROPRIATING $851,000.00 FOR SAID IMPROVEMENTS
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 Kahwaty, 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 Kahwaty, seconded by
Councilmember Kelly. On voice vote, all in favor.
WHEREAS, Ordinance 1900 was introduced at a meeting of the Mayor and Council held on the
6'h day of December, 2022 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. 1900 be and the same
is hereby adopted on second and final reading; and,
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January 3, 2023
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 Kahwaty, seconded by Council President
Swist.
Roll Call Vote:
Ayes: Bonagura, Cadicina, Kahwaty, Kelly, Lambrix, Swist
Nays:
Abstain:
Absent:
Motion Approved
Time for Public Comment
Motion to open the time for public comment was made by Councilmember Cadicina, seconded by
Council President Swist. On voice vote, all in favor.
No one from the public came forward.
Motion to close the time for public comment was made by Councilmember Kahwaty, seconded by
Councilmember Lambrix. On voice vote, all in favor.
Consent Agenda Resolution 01-23
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 resolution can be found after the Adjournment.
Resolution 02-23 Accept Report of Finance Committee
Resolution 03-23 2022 Budget Transfers
Resolution 04-23 Approve Use of OEM Building—Activities Unlimited
Resolution 05-23 Authorize Payment to Franklin Lakes Historical Society
Resolution 06-23 Award Contract—Bender Court Firehouse Kitchen Hood Exhaust
Resolution 07-23 Award Contract—Portable Bathrooms
Resolution 08-23 Shared Services Agreement- Bergen County Department of Health
Services
Resolution 09-23 Tax Refund - 1028 Dogwood Trail
Resolution read and introduced by Councilmember Kahwaty, seconded by Council President
Swist.
Roll Call Vote:
Ayes: Bonagura, Cadicina, Kahwaty, Kelly, Lambrix, Swist
Nays:
Abstain:
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January 3, 2023
Absent:
Motion Approved
Resolution
• Approve Memorandum of Agreement with AFSCME
Mr. Hart stated the resolution was not ready for consideration. It was removed it from the agenda.
Action on Minutes
Motion to accept the minutes was made by Councilmember Lambrix, seconded by
Councilmember Kelly:
• December 6, 2022 Work Session
• December 6, 2022 Closed
• December 20, 2022 Regular
• December 20, 2022 Closed
• December 28, 2022 Special
• December 28, 2022 Closed
Roll Call Vote:
Ayes: Bonagura, Cadicina, Kahwaty, Kelly, Lambrix, Swist
Nays:
Abstain: Councilmember Cadicina 12/20/22; Councilmember Kelly 12/28/22
Absent:
Motion Approved
Adiournment
Motion to adjourn made at 6:03 PM by Councilmember Lambrix, seconded by Councilmember
Cadicina. On voice vote, all in favor.
Resolution 02-23 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$290,551.54 as shown on the Claims Bill List; $12,676.00 as
shown on the Soil Account Bill List; and $3,585.00 as shown on the Developers Escrow List.
BE IT FURTHER RESOLVED, that the payroll of December 30, 2022 Wellness in the amount
of$4,464.99 be hereby ratified and approved.
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Resolution 03-23 Budget Transfers
BE IT RESOLVED, by the Mayor and Council of the Borough of Franklin Lakes that the
following 2022 Budget Transfers be made for the following accounts:
From From To
Social Security System 10,000
DCRP Employer Contribution 2,300
Road Repair & Maintenance S&W 9,900
To
Municipal Clerk OE 5,000
Engineering Services 4,000
Electricity 8,200
Police Department OE 5,000
22,200 22,200
Resolution 04-23 Approve Use of OEM Building—Activities Unlimited
WHEREAS, Activities Unlimited has requested the use of the OEM building for meetings on the
second Wednesday of each month during the 2023 calendar year; and,
WHEREAS, pursuant to Borough Code Section 356-34, the Mayor and Council may, by
resolution, allow use by organizations that have less than a majority of their membership that are
Franklin Lakes residents "in accordance with such terms and conditions as may be set forth in the
resolution approving said use";
NOW THEREFORE, BE IT RESOLVED, that the request to use the OEM Building on
Wednesdays from 9:00 a.m. to Noon from January 2023 to December 2023 for club meetings is
approved subject to the following conditions:
1. the number of people in attendance will be strictly limited to no more than the number
permitted by the Fire Official;
2. the applicant is responsible for clean-up of the OEM Building after each meeting;
3. meetings shall be permitted between the hours of 9:00 a.m. and Noon at the OEM Building
on the second Wednesday of each month;
4. the applicant shall notify the Borough Clerk if it is not using the OEM Building, as far in
advance as feasible;
5. the applicant shall provide a Hold Harmless Agreement and Certificate of Insurance in
accordance with the ordinance requirements;
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6. the OEM shall have priority in the event that it needs to use the meeting room during the
approved times; and,
7. having provided proof under I.R.C. § 501(c)(3) as tax exempt, they shall be exempt from
the fee.
Resolution 05-23 Authorize Payment to Franklin Lakes Historical Society
WHEREAS, the members of the Franklin Lakes Historical Society ("Historical Society")
provided hundreds of hours of work to support the Borough's 2022 Centennial celebration; and,
WHEREAS, Colin Knight, Historical Society member, co-authored the "Images of America"
history book which was issued in 2022; and,
WHEREAS, in recognition of the extraordinary efforts by the members of the Historical Society,
the Mayor and Council are desirous of paying the Historical Society the sum of$2,000 from the
proceeds from the sale of the "Images of America" history book;
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 payment of the sum of$2,000 to
the Franklin Lakes Historical Society is hereby authorized; and,
BE IT FINALLY RESOLVED that a copy of this resolution be forwarded to the Franklin Lakes
Historical Society and the Chief Financial Officer.
Resolution 06-23 Award Contract—Bender Court Firehouse Kitchen Hood Exhaust
WHEREAS, the Superintendent of Public Works solicited two proposals for the purchase of a
kitchen hood exhaust at the Bender Court Firehouse; and,
WHEREAS, the Mayor and Council wish to award this contract to the contractor that submitted
the most advantageous proposal, price and other factors considered; and,
WHEREAS, the Superintendent of Public Works has recommended that the contract for the
purchase of a kitchen hood exhaust at the Bender Court Firehouse be awarded to J&M Air, Inc.,
189 South Bridge Street, Somerville, New Jersey, 08876, for the proposal amount of$11,000.00;
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 recommendation of the
Superintendent of Public Works is hereby approved and the contract for the purchase of a kitchen
hood exhaust at the Bender Court Firehouse is hereby awarded to J&M Air, Inc. for the proposal
amount of$11,000.00; and,
WHEREAS,the Chief Financial Officer has certified the availability of funds for this purchase,
Account: Public Buildings and Grounds/Maintenance of Buildings
Account Number: 2-01-26-310-024
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Certification of Funds:
William G. Pike, Chief Financial Officer
BE IT FINALLY RESOLVED that a copy of this resolution be forwarded to J&M Air, Inc. and
the Superintendent of Public Works.
Resolution 07-23 Award Contract—Portable Bathrooms
WHEREAS, bids for the purchase of portable bathrooms were opened and read aloud on
December 22, 2022; and,
WHEREAS, bids were received from two vendors; and,
WHEREAS, the Community Director recommends that the bid for the purchase of portable
bathrooms be awarded to the vender that submitted the lowest cost proposal, Ready2Go Restroom
Trailers Sales LLC, 1525 Park Manor Boulevard, 4300, Pittsburgh, Pennsylvania 15205, for the
bid amount of$95,515.00;
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 recommendation of the
Community Director is approved and the contract for the purchase of portable bathrooms be and
is hereby awarded to Ready2Go Restroom Trailers Sales LLC, for the bid amount of$95,515.00;
and,
BE IT FINALLY RESOLVED that a copy of this resolution be forwarded to Ready2Go
Restroom Trailers Sales LLC, and the Community Director.
Resolution 08-23 Shared Services Agreement — Bergen County Department of Health
Services
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 entitled "Public Health Shared-Services
Agreement" between the County of Bergen and the Borough for a term of two years from
January 1, 2023 to December 31, 2024, subject to the termination provisions in paragraph 2(b) be
and is hereby approved, at the rates as set forth in the proposed form of contract, including the
following rates for 2023:
Service 2023
Public Health Officer $16,064.55
Registered Environmental Health Specialist $22,275.56
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Septic and Well Services $79.42 per hour
BE IT FINALLY RESOLVED that a copy of this resolution be forwarded to the Bergen County
Department of Health Services and the Franklin Lakes Board of Health.
Resolution 09-23 Tax Refund - 1028 Dogwood Trail
WHEREAS, the property listed below filed an assessment appeal with the Tax Court of
New Jersey; and,
WHEREAS,the Tax Court reduced their assessment which results in a reduction in property taxes
previously paid for the year(s) 2017, 2018 and 2019, on Block 1209, Lot 10, known as
1028 Dogwood Trail, which is owned by Gatti, Robert & Tatjana; 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
1209 10 $ 124,600 (2017) $ 2,038.46
1209 10 $ 124,600 (2018) $ 2,024.75
1209 10 $ 124,600 (2019) $ 2,045.93
Total Refund $ 6,109.14
All checks made payable to:
Law Offices of Elie Fink
Attorney Trust Account
66 Park Street
Montclair, NJ 07042
Respectfully submitted,
ai M. Rulli, Borough Clerk