HomeMy Public PortalAbout2023-02-07 Work Session Minutes Special/Work Session of the Mayor and Council
February 7, 2023
A Special/Work meeting of the Mayor and Council was held on February 7, 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, Councilmember Bonagura (via teleconferencing),
Councilmember Cardenas, Councilmember Kelly, Councilmember Lambrix, Councilmember
Sheppard, Borough Administrator Hart, and Borough Attorney Smith. Also present was Borough
Clerk Rulli.
Sunshine Law Statement:
The Borough Clerk read the Sunshine Law Statement.
Flat Salute
Moment of Silent Appreciation to Our Veterans
Proclamations
Mayor Kahwaty read the following proclamations:
HONORING FRANK GIARDELLA
50 YEARS OF SERVICE ON THE FRANKLIN LAKES FIRE DEPARTMENT
WHEREAS, Frank Giardella joined the Franklin Lakes Fire Department in April 1972, over
50 years ago; and,
WHEREAS, Frank is a past President of the Fire Company; and,
WHEREAS, Frank is commended for his extraordinary volunteer service to the Franklin
Lakes community;
NOW THEREFORE, I, CHARLES J. X. KAHWATY, Mayor of the Borough of Franklin
Lakes, on behalf of the Mayor and Council and the residents of the Borough, do hereby recognize,
thank and extend our deepest appreciation to Frank Giardella for donating his invaluable service,
time and efforts to his fellow citizens for over 50 years.
IN WITNESS HEREOF, I have hereunto set my Hand and caused the Seal of the Borough
of Franklin Lakes to be affixed this 4fh day of February, 2023.
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February 7, 2023 Minutes
HONORING JIM WEBB
50 YEARS OF SERVICE ON THE FRANKLIN LAKES FIRE DEPARTMENT
WHEREAS,Jim Webb joined the Franklin Lakes Fire Department in May 1972, over 50 years
ago; and,
WHEREAS,Jim served as Fire Chief from 1982 to 1984 and as President of the Fire Company
for over 25 years; and
WHEREAS, Jim is commended for his extraordinary volunteer service to the Franklin Lakes
community;
NOW THEREFORE, I, CHARLES J. X. KAHWATY, Mayor of the Borough of Franklin
Lakes, on behalf of the Mayor and Council and the residents of the Borough, do hereby recognize,
thank and extend our deepest appreciation to Jim Webb for donating his invaluable service, time
and efforts to his fellow citizens for over 50 years.
IN WITNESS HEREOF, I have hereunto set my Hand and caused the Seal of the Borough
of Franklin Lakes to be affixed this 41h day of February, 2023.
Appointments
Construction Official/Building Subcode Official/Building Inspector—
Anthony Hackett(4 Year Appointment)
Mr. Hart made a brief statement about Mr. Hackett joining the Building Department.
Motion to make the above-mentioned appointment was made by Councilmember Kelly, seconded
by Councilmember Ansh.
Roll Call Vote:
Ayes: Ansh, Bonagura, Cardenas, Kelly, Lambrix, Sheppard
Nays:
Abstain:
Absent:
Motion Approved
• DPW Maintenance Worker—Richard Paddock
Mr. Hart stated that Richard Paddock is well qualified, has a CDL, and has already started.
Motion to make the above-mentioned appointment was made by Councilmember Kelly, seconded
by Councilmember Lambrix.
Regular Meeting of the Mayor and Council Page 3
February 7, 2023 Minutes
Roll Call Vote:
Ayes: Ansh, Bonagura, Cardenas, Kelly, Lambrix, Sheppard
Nays:
Abstain:
Absent:
Motion Approved
• Planning Board Member—Bala Sivakumar - Unexpired term expiring 12/31/2025
Motion to make the above-mentioned appointment was made by Councilmember Kelly, seconded
by Councilmember Lambrix.
Roll Call Vote:
Ayes: Ansh, Bonagura, Cardenas, Kelly, Lambrix, Sheppard
Nays:
Abstain:
Absent:
Motion Approved
Mayor Kahwaty swore in Mr. Sivakumar.
• Planning Board Member—Frank Conte—Unexpired term expiring 12/31/2023
Motion to make the above-mentioned appointment was made by Councilmember Sheppard,
seconded by Councilmember Kelly.
Roll Call Vote:
Ayes: Ansh, Bonagura, Cardenas, Kelly, Lambrix, Sheppard
Nays:
Abstain:
Absent:
Motion Approved
• Planning Board Alternate 2—Anthony DeLorenzo—Unexpired term expiring
12/31/2024
Motion to make the above-mentioned appointment was made by Councilmember Kelly, seconded
by Councilmember Ansh.
Roll Call Vote:
Ayes: Ansh, Bonagura, Cardenas, Kelly, Lambrix, Sheppard
Nays:
Abstain:
Absent:
Motion Approved
Regular Meeting of the Mayor and Council Page 4
February 7, 2023 Minutes
Time for Public Comment
Motion to open the time for public comment was made by Councilmember Kelly, seconded by
Councilmember Lambrix. On voice vote, all in favor.
Georgina Scattergood, 395 Crescent Drive, stated she is seeking remediation for a water issue.
She presented photos of deterioration which has caused flooding in her basement and in her
neighbors' basements and commented that it flooded as recently as two weeks ago.
Mr. Boswell addressed Ms. Scattergood stating he would take another look at the site and the
drainage and report back to Mr. Hart. Mr. Boswell asked a few questions to clarify.
Councilmember Sheppard spoke about the NJMUL variance at 245 Terrace, where there is
additional construction proposed that may also affect runoff.
Mayor Kahwaty thanked everyone and stated there would be follow up.
Donna Robinson, 896 Franklin Avenue, stated there was a Shade Tree issue with some properties
in that immediate area. The large number of trees removed may be a contributing factor to the
ground water issue.
Motion to close the time for public comment was made by Councilmember Kelly, seconded by
Councilmember Cardenas. On voice vote, all in favor.
Engineers Report
• Mountain Avenue/Sneider Lane Guide rail
Mr. Boswell spoke about FEMA funds. FEMA will not fund a guide rail but if a culvert is done
then the guide rail is required.
Mayor Kahwaty clarified what would be paid by FEMA; Councilmember Sheppard inquired about
utility poles and levels of standards.
Discussion continued on expanding funds for more money to propose a tail water study.
Mr. Hart stated the FEMA funds are storm damage money for specific sites. He recommended
contacting Frank Rossi regarding available grants.
Old Mill Road Culvert was discussed. There is a grant for $157,000 to pave a portion of road near
Arbor towards the railroad. Mr. Hart stated we can apply for additional money to continue with
other roads on the list.
Councilmember Lambrix asked if the decision was to go forward with guide rail. Mr. Boswell
stated the culvert cannot be done without it. Mr. Boswell discussed pipes being replaced and issues
if the Borough doesn't replace them. Mr. Hart to send a letter to residents alerting them that the
project will be moving forward.
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February 7, 2023 Minutes
Consent Agenda Resolution 67-23
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 68-23 Accept Report of Finance Committee
Resolution 69-23 Approve Agreement with AFSCME Local 2274B
Resolution 70-23 Approve Mountain Shadows Snowplowing Reimbursement Agreement
Resolution 71-23 Authorize Emergency Temporary Appropriations - Sewer Utility
Resolution 72-24 Authorize Emergency Temporary Appropriations for CY 2023
Resolution 73-23 Authorize Purchases from the Bergen County Cooperative Pricing System
Vendors
Resolution 74-23 Budget Transfers
Resolution read and introduced by Councilmember Bonagura, seconded by Councilmember Kelly.
Roll Call Vote:
Ayes: Ansh, Bonagura, Cardenas, Kelly, Lambrix, Sheppard
Nays:
Abstain: Bonagura—Resolution 71-23, Authorize Emergency Temporary Appropriations -
Sewer Utility
Absent:
Motion Approved
Mayors Report
Mayor Kahwaty stated he is beginning interviews with department heads for feedback. He noted
he has been preoccupied with the Parsons Pond Park project.
Mr. Hart reported meeting about McCoy Place with Captain McCombs regarding issues with
disruptive tenants. At this time the Director of Operations and Social Services/Property Manager
of McCoy Place came forward and stated they understand the importance of being a good member
of the community and are currently in the interview process for staffing, described the
responsibilities of the future staff members, and what is currently being done to maintain the day
to day workings.
Committee/Liaison Reports
Parks and Recreation
Councilmember Ansh spoke about new batting cages and new signs on trails and fields.
Councilmember Kelly mentioned the competitive cheering squad competition and inquired if a
Proclamation can be presented.
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February 7, 2023 Minutes
Councilmember Sheppard mentioned the purchase of batting cages.
• Facilities Use Requests
• American Muslim Community of Franklin Lakes
• Charlie Landers Foundation 7K
• Charlie Landers Foundation Octoberfest Fundraiser
• Gibbs Goals Soccer Camp
• Lions Club Carnival
• Wyckoff Family YMCA Annual Triathlon
• Wyckoff Family YMCA Half Marathon & 5K
• X-Treme LAX Factory 2023 Lacrosse Camp
Mayor Kahwaty inquired about insurance requirements for the facilities use requests. Mr. Hart
responded the first one requested that the insurance requirements be waived. He stated this is
decided on a case by case basis and also depends on recommendation of the Risk Manager. There
being no objections, the requests will be placed on the next agenda.
Environmental & Community Affairs/Library
Councilmember Cardenas stated that the Environmental Commission discussed Freon disposal for
the AC units on Cigna property; Spring Clean Up is scheduled for May 6. Locations include
McBride Field, the Tennis Courts, and the Nature Preserve.
Discussion held on the removal of the AC units, requirements by DEP, asbestos and other items.
Mr. Smith stated that all demolition is strictly controlled.
Councilmember Cardenas reported the Board of Health met on January 9 and approved a new
Tyco agreement, and Valley Hospital Well Child Care. Dr. Cucci will be presenting `Straighten
Up America'. The Shade Tree Commission rescheduled their meeting. The Board of Education
swore in four new board members. Every committee met in January; she met with Library Board
who mentioned an end of the year surplus and wants to move forward with renovations. The
Library Director resigned but she made productive changes while she was here. Mr. Leone has a
few prospective candidates.
At this time, Mayor Kahwaty asked Ms. Lilienthal to speak about property maintenance issue with
leaves. Ms. Lilienthal reported that Mr. O'Mealy has made accusations about an overabundance
of leaves in his neighbor's yard, citing a 24 inch pile in the side yard. Public Works Superintendent
Lilienthal measured it to be only 9" deep. Ms. Lilienthal doesn't feel leaf pile is egregious.
Mr. Hart clarified that Mr. O'Mealy is asking the Mayor and Council to amend the ordinance to
clarify what a violation of the ordinance is. Ms. Lilienthal discussed the interpretation of the
ordinance with Mr. Hart and Mr. Smith. Mr. Smith stated it is not a compost heap or pile;therefore,
these leaves are not a violation of the ordinance.
Mr. Michael Feniello, 318 Lenapi Drive, spoke about the leaves and their environmental effect.
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February 7, 2023 Minutes
Public Safety
• Purchase New Ambulance
Council President Bonagura asked about the possibility of billing for ambulance services. Mr. Hart
stated that was a topic at the Administrators' meeting and it's possible that this can only be done
in the case of a paid Corps, and noted this topic is separate from the purchase of the new ambulance.
Mr. Hart spoke about history and the plan for expending money Ambulance Corps had invested.
Mr. Hart described potential renovations at Ambulance Corps building, as the former Mayor and
Council agreed if fit within the capital budget. All were in agreement on the need for a new
ambulance. Councilmember Lambrix noted it may take 18-24 months. Mr. Hart stated funds
need to be appropriated, which is part of budget process and stated subject to review, he would
like to introduce a capital ordinance for funding the purchase of a new ambulance at the
February 21, 2023 meeting. He stated the next budget meeting is at 9:00 AM tomorrow and he
hopes to complete the budget committee meetings next week, and have 2-3 follow up meetings
with the Mayor and Council to discuss the operating budget and the capital budget.
Planning and Development
• Ackerman Street Sidewalk Request
• McCoy Place
• Property Maintenance—Leaves
Mr. Hart outlined the previous Ackerman Street sidewalk plan where we had grant funds and
needed to acquire minor easements to complete the sidewalk. At the time, there was reluctance
from the Mayor and Council to do this portion of sidewalk and they gave up the funding for the
project. Mr. Hart discussed reducing the speed on a County road, and noted that there are budget
discussions for sidewalks in certain areas that need work or replacement.
Councilmember Lambrix encouraged Councilmembers to look at the area before deciding.
Councilmember Sheppard spoke about the walkability of the town and noted there are some areas
that need sidewalks and others where the road is narrow and the residents are against them.
Mayor Kahwaty directed Mr. Hart to respond to requestor with issues raised and advise that we
are not currently considering this project.
Administration and Finance
Councilmember Lambrix stated that the first budget meeting is tomorrow.
• Hiring Processes
Mr. Hart reported that Council President Bonagura raised the issue of hiring processes last year,
particularly in relation to the police hiring process. Mr. Hart outlined the current process with
Police Department, the sense of urgency around hiring, and discussed the alternate route
candidates. Mr. Hart stated he supports Council President Bonagura's suggestion for some
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February 7, 2023 Minutes
additional standards and criteria for the hiring process. Mr. Hart stated if interested the Mayor and
Council should meet with the Police Department.
Council President Bonagura talked about researching other towns and found that Franklin Lakes
is the only town that hires without college degree. Discussion held regarding hiring, pay,
education, and comparison to other departments. Discussion ensued on moving forward with new
ideas with the support of Captain McCombs. No objections.
Public Works
Councilmember Kelly was happy to have new applicant.
Borough Administrator's Report
Mr. Hart had no report.
Old Business
None
New Business
None
Resolution For Closed Session
BE IT RESOLVED, by the Mayor and Council of the Borough of Franklin Lakes, County of
Bergen and State of New Jersey that a Closed Meeting be held on Tuesday, February 7, 2023
which begins at 7:30 PM, in the Conference Room at the Municipal Building to discuss the
following:
• Anticipated Litigation—Cigna Property Development
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 9:20 PM by Council President Bonagura, seconded
by Councilmember Kelly. On voice vote, all in favor.
The Mayor and Council returned to open session at 10:17 PM.
Adiournment
Motion to adjourn the meeting was made at 10:17 PM by Councilmember Lambrix, seconded by
Councilmember Cardenas. On voice vote, all in favor.
Regular Meeting of the Mayor and Council Page 9
February 7, 2023 Minutes
Resolution 68-23 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 $257,148.00 as shown on the Claims Bill List; $4,495.20 as
shown on the Soil Account Bill List; and $1,725.00 as shown on the Developers Escrow List.
BE IT FURTHER RESOLVED, that the payroll of February 16, 2023 in the amount of
$255,643.11 be hereby ratified and approved.
Resolution 69-23 Approve Agreement with AFSCME Local 2274B
WHEREAS,the Borough of Franklin Lakes and American Federation of State,County,Municipal
Employees, AFL-CIO Local 2274B ("AFSCME")have reached an agreement on a new Collective
Bargaining Agreement for the period from January 1, 2023 through 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 Agreement between the Borough
of Franklin Lakes and AFSCME is hereby approved; and,
BE IT FINALLY RESOLVED that a copy of this resolution be forwarded to AFSCME.
Resolution 70-23 Approve Mountain Shadows Agreement
BE IT RESOLVED, by the Mayor and Council of the Borough of Franklin Lakes that the Mayor
and Borough Clerk are hereby authorized to sign an agreement with Mountain Shadows
Condominiums for payments in lieu of municipal services for the 2022-2023 season.
Resolution 71-23 Authorize Emergency Temporary Appropriations for CY 2023 —Sewer
Utility
WHEREAS, the CY 2023 Sewer Utility budget has not been adopted, and adequate provisions could not
be made in the CY 2023 Sewer Utility temporary budget to provide necessary funding for certain ongoing
operations of the Borough of Franklin Lakes; and
WHEREAS,N.J.S.A. 40A:4-20 provides for the creation of emergency temporary appropriations for the
aforementioned purpose; and
WHEREAS,the total emergency temporary resolutions adopted in CY 2023 pursuant to the provisions of
N.J.S.A. 40A:4-20 including this resolution totals $7,400.00;
NOW,THEREFORE,BE IT RESOLVED by the Mayor and Council of the Borough of Franklin Lakes,
County of Bergen,New Jersey, that in accordance with provisions of N.J.S.A. 40A:4-20:
1. That emergency temporary appropriations be and the same are hereby made for:
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February 7, 2023 Minutes
Other Expenses: Sewer Expense Fund- Service Charges 7,400.00
2. That said emergency temporary appropriations be provided for in the CY 2023 adopted budget.
3. That one certified copy of this resolution be filed with the Director of Local Government Services.
Resolution 72-23 Authorize Emergency Temporary Appropriations for CY 2023
WHEREAS,the CY 2023 budget has not been adopted, and adequate provisions could not be made in the
CY 2023 temporary budget to provide necessary funding for certain ongoing operations of the Borough of
Franklin Lakes; and,
WHEREAS,N.J.S.A. 40AA-20 provides for the creation of emergency temporary appropriations for the
aforementioned purpose; and,
WHEREAS,the total emergency temporary resolutions adopted in CY 2023 pursuant to the provisions of
N.J.S.A. 40AA-20 including this resolution totals $96,840.00;
NOW,THEREFORE,BE IT RESOLVED by the Mayor and Council of the Borough of Franklin Lakes,
County of Bergen,New Jersey, that in accordance with provisions of N.J.S.A. 40AA-20:
1. That emergency temporary appropriations be and the same are hereby made for:
Salaries & Wages:
Municipal Clerk 4,000.00
Finance Admin. 4,000.00
Tax Assessor 1,000.00
Engineering 2,000.00
Planning Board 1,000.00
Zoning Board 1,000.00
Electrical Inspector 4,000.00
Plumbing Inspector 2,500.00
Police 45,000.00
Board of Health 500.00
Recreation 4,000.00
Other Expenses:
DCRP Employer Contrib. 1,000.00
2. That said emergency temporary appropriations be provided for in the CY 2023 adopted budget.
3. That one certified copy of this resolution be filed with the Director of Local Government
Services.
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February 7, 2023 Minutes
Resolution 73-23 Authorize Purchases from the Bergen County Cooperative Pricing System
Vendors
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 the Bergen County Cooperative Pricing System, of which the Borough is a member; and,
WHEREAS, the Borough of Franklin Lakes is a member of the Bergen County Cooperative
Pricing System 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
County contract vendors through this resolution and properly executed purchase orders as needed,
which shall be subject to all the conditions applicable to current County contracts:
Subject—Gasoline Subject—Diesel Fuel
County Contract No. 20-29 County Contract No. 20-29
Vendor—Rachles/Michele's Oil Co. Inc. Vendor—Rachles/Michele's Oil Co. Inc.
Contract expiration—March 2, 2024 Contract expiration—March 2, 2024
Subject—Rock Salt
County Contract No. 21-56
Vendor—Atlantic Salt, Inc.
Contract expiration—September 30, 2023
NOW THEREFORE, BE IT RESOLVED that the Mayor and Council of the Borough of
Franklin Lakes and County of Bergen, authorizes the purchase of certain goods and services from
those approved Bergen County Cooperative Pricing System vendors as set forth hereinabove,
pursuant to all of the conditions of the individual County contracts; and,
BE IT FURTHER RESOLVED that,pursuant to N.J.S.A. 5:30-5.5(b),the certification of funds
shall be certified at such time as the goods or services are called for prior to placing the order, and
a certification of availability of funds is made by the Chief Financial Officer via an authorized
purchase order; and,
BE IT FINALLY RESOLVED that a copy of this resolution be forwarded to the Superintendent
of Public Works and the Chief Financial Officer.
Resolution 74-23 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
Road Repair & Maintenance S&W 7,565
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February 7, 2023 Minutes
To
Medicare Reimbursement 1,600
Police Department OE 715
Buildings & Grounds 5,000
Board of Health OE 250
7,565 7,565
Respectfully submitted,
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1 M. Rulli, Borough Clerk