HomeMy Public PortalAbout2023-03-07 Work Session Special/Work Session of the Mayor and Council
March 7, 2023
A special/work session meeting of the Mayor and Council was held on March 7, 2023, in the
Municipal Building.
Meeting Called to Order
Roll Call
The following Council Members and Professional Staff responded to the roll call:
Mayor Kahwaty, Councilmember Ansh, Council President Bonagura (via teleconferencing),
Councilmember Cardenas, Councilmember Kelly, Councilmember Lambrix, and Councilmember
Sheppard. 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
Proclamation
Mayor Kahwaty read the following proclamation.
National Poison Prevention Week
WHEREAS, Congress designated the third full week in March to be National Poison
Prevention Week(NPPW) in 1961, and has since recognized this week to raise national awareness
of the dangers of accidental poisoning,ways to prevent exposure to potentially dangerous products
and substances, and how to respond in a poisoning emergency; and,
WHEREAS, the NJ Poison Control Center at Rutgers New Jersey Medical School joins
poison control centers nationwide to educate people of all ages about the risk of accidental
poisoning in everyday environments; and,
WHEREAS, in 2023, the NJ Poison Control Center marks its 40'h anniversary; and,
WHEREAS, the state's poison control center is instrumental in the medical management
and surveillance of poisoning exposures across New Jersey including the use, misuse, and abuse
of medicines, legal and illicit drugs; environmental contaminants, bioterrorism agents, and public
health crises including COVID-19 and Mpox (Monkeypox); and,
WHEREAS, the public and medical and emergency service professionals alike can easily
access the poison control center's free services through the Poison Help line (1-800-222-1222) or
njpies.org; and,
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WHEREAS, the specialized healthcare professionals at the state's poison control center
provide emergency assistance, offer guidance on poison prevention, and answer questions
concerning potential exposure to callers of all ages; and,
WHEREAS, most reported poison exposures involve children five (5) years old and
younger; and,
WHEREAS, most poison-related deaths occur in adults; and,
WHEREAS, the poison control center's life-saving services are available 24/7 and save
healthcare dollars by eliminating thousands of unnecessary emergency department/room visits and
result in shorter lengths of stay for patients hospitalized for poisoning; and,
WHEREAS, the NJ Poison Control Center encourages people not to guess, wait for
symptoms to appear, or waste time searching for medical information online, get immediate help
from the poison control center when a potentially dangerous exposure occurs.
NOW, THEREFORE, I, Mayor Charles J. X. Kahwaty and the Borough Council of
Franklin Lakes do hereby proclaim the week of March 19-25, 2023, as National Poison Prevention
Week in New Jersey and encourage everyone to pledge their commitment to ensuring the safety
of themselves, their families, and their community.
Appointments
• Full-Time Dispatcher—Robert Payton
• Part-Time Dispatcher—Tyler Bisig
• Part-Time Dispatcher—Dana Emmer
• Part-Time Dispatcher—Deborah Zorbas
Motion to make the above-mentioned appointments was made by Councilmember Kelly, seconded
by Councilmember Cardenas.
Roll Call Vote:
Ayes: Ansh, Bonagura, Cardenas, Kelly, Lambrix, Sheppard
Nays:
Abstain:
Absent:
Motion Approved
Time for Public Comment
Motion to open the time for public comment was made by Councilmember Kelly,
seconded by Councilmember Lambrix. On voice vote, all in favor.
No one from the public came forward at this time.
Motion to close the time for public comment was made by Councilmember Kelly, seconded by
Councilmember Ansh. On voice vote, all in favor.
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Engineers Report
Eileen Boland reviewed and responded to questions about the road program. She stated an
ordinance will be introduced at the next meeting,the Budget will allow for six roads to be repaved:
Woodside Avenue, Ivy Court, Wayfair Circle, Wayfair Lane, Wedgwood Road, and Bridle Way.
Ms. Urbaniak, 769 Comanche, brought up the issue of snow plowing damage to the asphalt and
curb. Ms. Boland responded that she will look into this.
Mr. Hart mentioned the cost of the oil/water separator for DPW being an additional $150,000.
Discussion ensued on oil/water separator, and use of the funds in the bond ordinance.
Consent Agenda Resolution 95-23
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 96-23 Accept Report of Finance Committee
Resolution 97-23 Budget Transfers
Resolution 98-23 Emergency Temporary Appropriations
Resolution 99-23 LEAP Challenge Grant
Resolution 100-23 Settlement of Tax Appeal— 193 Woodside Avenue
Resolution read and introduced by Council President Bonagura, seconded by Councilmember
Kelly.
Roll Call Vote:
Ayes: Ansh, Bonagura, Cardenas, Kelly, Lambrix, Sheppard
Nays:
Abstain:
Absent:
Motion Approved
Mayors Report
Mayor Kahwaty reported on topics discussed at the Northwest Mayor's group in February. Bergen
County Executive James J. Tedesco was in attendance and discussed what services the County can
provide, what services the individual towns are responsible for, issues with garbage, and shared
services.
Committee/Liaison Reports
Parks and Recreation
Councilmember Ansh reported there is an issue finding volunteers to coach, discussed expansion
of programs, and suggested that older participants in sports programs visit elementary schools in
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their uniforms to help increase future interest. A proclamation recognizing the winning
cheerleaders will be on the next meeting.
Environmental & Community Affairs/Library
• Amendments to Tree Ordinance—Shade Tree Commission Chairman Michael Tulp
Mr. Tulp provided a follow up on meetings of the Shade Tree Commission where ordinance
changes were discussed. He outlined ideas, which included replacing trees that are cut down, the
impact of construction, the trust account, and fines.
Councilmember Sheppard stated he, Councilmember Cardenas and Mr. Tulp met and discussed
tree protection needing to be the first thing considered before construction and based on
discussions with the Shade Tree Committee, he expects to have an action plan in 30-60 days.
Discussion held on the process to evaluate the trees, enforcement of codes, coordination of the
Tree Specialist, DPW and Construction, rolling out a new procedure and changing the ordinance.
Mayor Kahwaty thanked everyone and stated the Commission has done a great job.
Councilmember Cardenas reported the Board of Health had the second reading of the Ordinance
that repeals the requirement of well water testing; discussed Bergen County Grant programs; and
considered a comprehensive cancer control program, NJ Cancer Foundation early detection. She
listed upcoming events including fitness and nutrition programs for Senior Citizens, and programs
to get school aged children more physically active.
Councilmember Cardenas reported the Board of Education hired new senior counsel, The Bush
Law Group, and presented their audit report which received the highest rating that could be
awarded. The Library Board met and discussed topics including use of the Library as a polling
location, grants for cameras, and hiring a replacement for the Director. She stated that Franklin
Lakes Library is the number one lender in BCCLS.
Public Safety
• Easement Vacation Request—769 Comanche Lane—Sergeant Dennis Knubel
Sergeant Knubel detailed his study over a period of about 23 days which included speaking with
the parents. He observed no violations. He reported an average of five cars a day and he feels that
there isn't a need to put up signs, as they would be more of an impact on residents than the parking
is. He responded to questions from the Mayor and Council, indicating there was an unfortunate
accident in the area. He stated he has spoken to the motorists about being courteous and mindful.
Ms. Urbaniak, 769 Comanche, stated it has been a little better since Sergeant Knubel was there.
She spoke about the issue of the behavior of parents when the Police are not there and convenience
versus safety, asked if the easement could be made for emergency purposes only, and stated she
doesn't feel signs will help.
Following discussion, it was agreed that Sergeant Knubel will continue to monitor the area.
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• Facilities Use Request—Activities Unlimited
No objections to placing on the next agenda for consideration.
Council President Bonagura suggested exploring ideas to recruit more volunteers for the Fire
Department and Ambulance Corps and noted there have been incidents where people have had to
wait for assistance due to insufficient personnel.
Planning and Development
Councilmember Sheppard stated that a lot of people were at the Planning Board meeting and
leaving early because the study regarding the Cigna property has been tabled twice. The Board
has been seeing more requests for lots to be divided which are not designed to be. He spoke about
applications coming before the Planning Board and advised of potential problems in the future
with wetlands and the issuance of variances for flag properties. Following discussion, it was
agreed the language in the ordinance should be more specific and recommendations from Planning
Board on this topic are required.
Administration and Finance
• Election Redistricting
Councilmember Lambrix asked Ms. Rulli to present the information on the Election redistricting.
She handed out a map showing the proposed changes, discussed possible locations available for
polling locations, new machines, accessibility, and stated a decision on location will need to be
made in time for the General Election.
• Review of Borough Fees
Mr. Hart reported on possible increase of Borough fees, with the exception of Construction fees.
He stated there is a substantial surplus in Construction and they may receive an order to lower fees.
He discussed Fire Prevention, tennis attendants, and an analysis by the Recreation Director
showing fees are covering the cost of activities. There being no objections, he will put together an
Ordinance to increase the fees discussed.
Councilmember Lambrix noted that there is a Budget meeting with Dieter Lerch tomorrow.
Public Works
Councilmember Kelly reported she has been busy with Eileen Boland prioritizing the roads to be
paved. She commented that it was a light winter and the Department of Public Works only went
out on the roads three times this winter. She stated that the price of salt is high.
Borough Administrator's Report
Mr. Hart reported on notification of grants for community project funding and thinks it is a good
opportunity to get an extension on water lines to install fire hydrants. There being no objections,
he will move forward.
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Mr. Hart reported that Councilmember Ansh requested a monitor in the conference room with a
camera for zoom and for training purposes. These will also be placed in Council Chambers for
under $1,000. The March 21" meeting will include a resolution to approve a contract with
NWBCHC and the appointment of a Sanitary Engineer, who will be a part time employee. This
will improve services and be about $30,000 in savings. Mr. Hart reported the contract with the
tree specialist expires and he is obligated to do a Request for Proposals. He discussed the
replacement of the Construction Official.
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 Wednesday, March 7, 2023
which begins at 7:30 PM, in the Conference Room at the Municipal Building to discuss the
following:
• Anticipated Litigation—Proposed Cigna Development
• Personnel—Construction
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 9:36 PM by Councilmember Lambrix, seconded by
Councilmember Kelly. On voice vote, all in favor.
The Mayor and Council returned to open session at 10:05 PM.
Adiournment
Motion to adjourn the meeting was made at 10:06: PM by Council President Bonagura, seconded
by Councilmember Kelly. On voice vote, all in favor.
Resolution 96-23 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
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to issue warrants in the amount of$6,180,515.22 as shown on the Claims Bill List; $8,664.75 as
shown on the Soil Account Bill List; and $1,319.00 as shown on the Developers Escrow List.
BE IT FURTHER RESOLVED, that the payroll of March 2, 2023 in the amount of$279,935.04
be hereby ratified and approved.
Resolution 97-23 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 250
To
Finance OE 250
250 250
Resolution 98-23 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 $1,614,155.00;
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: General Admin. 12,000.00
Municipal Clerk 10,000.00
Finance Admin. 10,000.00
Collection of Taxes 4,000.00
Tax Assessor 4,000.00
Engineering 5,000.00
Construction Dept. 10,000.00
Electrical Inspector 8,000.00
Plumbing Inspector 5,000.00
Police 120,000.00
Uniform Fire Safety Act 2,000.00
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Road Repairs & Maintenance 60,000.00
Board of Health 4,000.00
Recreation 20,000.00
Municipal Court 7,000.00
Other Expenses: Finance Administration 500.00
Tax Assessor 850.00
Electricity 8,000.00
Social Security 20,000.00
DCRP Employer Contrib. 3,000.00
P.E.R.S 404,105.00
P.F.R.S 764,160.00
Library Maintenance 2,600.00
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 99-23 LEAP Challenge Grant
WHEREAS, the State of New Jersey has allocated $150,000 within each county for a statewide
total of $3.15 million in Local Efficiency Achievement Program (LEAP) funds to promote
innovation among peer local units across New Jersey; and,
WHEREAS, the Department of Community Affairs, Division of Local Government Services
(DLGS) administers the LEAP grant program; and,
WHEREAS, the LEAP Challenge Grant exists to challenge municipalities and counties to
collaborate on more extensive partnership and collaborations to produce efficiencies through
shared services; and,
WHEREAS, the Borough of Franklin Lakes and the Borough of Oakland and the Township of
Wyckoff, have determined to apply for a LEAP Challenge Grant through the State of New Jersey
Local Efficiency Achievement Program in the amount of$50,000.00; and,
WHEREAS, the Borough of Franklin Lakes has agreed to be the lead agency in this program;
and,
WHEREAS, the Governing Body of the Borough of Franklin Lakes is acknowledging and
accepting the responsibility of acting as applicant and administrator for this grant on behalf of all
participating local units.
WHEREAS,the State of New Jersey has made LEAP grants available to assist local units to study,
develop and implement new shared services initiatives; and,
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WHEREAS, the purpose of the project submitted in this grant application is intended to provide
benefits to the participant local units' residents through the sharing of solid waste and recycling
collection through the "Improving Shared Services in Northwest Bergen County"project.
NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the Borough of
Franklin Lakes, that the Borough of Franklin Lakes does hereby make application for a LEAP
challenge grant to support undertaking this endeavor.
Resolution 100-23 Settlement of Tax Appeal—193 Woodside Avenue
Block: 2705
Lot: 4
Street Address: 193 Woodside Avenue
Owner: Rick and Barbara Capozzi
WHEREAS, an appeal of the tax assessment for the year(s) 2021 and 2022 has been filed for the
above-noted property; and,
WHEREAS, an adjustment in the assessed value has been recommended by the Tax Assessor of
the Borough of Franklin Lakes, and it is believed that these adjustments will cause the assessment
to reflect the actual fair market value of said property as reflected by comparable sales; and
therefore
IT IS HEREBY RESOLVED by the Mayor and Council of the Borough of Franklin Lakes that
the tax assessment for the above-referenced property is hereby adjusted for the following year(s),
and the Borough Attorney is authorized to execute an appropriate Stipulation of Settlement
agreeing to the entry of a judgment reflecting these adjustments.
Tax Year: 2021 Original Assessment Tax Court Judgment
Land $ 563,900 $ 563,900
Improvements $1,380,000 $1,380,000
Total $1,943,900 $1,943,900
Tax Year: 2022 Original Assessment Tax Court Judgment
Land $ 563,900 $ 563,900
Improvements $1,380,000 $1,261,100
Total $1,943,900 $1,825,000
Respectfully submitted,
C(aij M. Rulli, Borough Clerk