HomeMy Public PortalAbout2023-04-04 Work Session Minutes Special Work Session of the Mayor and Council
April 4, 2023
A Special/Work meeting of the Mayor and Council was held on April 4, 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, Councilmember Cardenas,
Councilmember Kelly, Councilmember Sheppard, Borough Administrator Hart, Borough
Attorney Smith, and Borough Clerk Rulli. Councilmember Lambrix was absent.
Sunshine Law Statement
The Borough Clerk read the Sunshine Law Statement.
Flay Salute
Moment of Silent Appreciation to Our Veterans
Proclamation
Mayor Kahwaty read the proclamation.
2023 UDrive. UText. UPay.
Distracted Driving Crackdown
April 1 - 30, 2023
WHEREAS, distracted driving is a serious, life-threatening practice that is preventable; and,
WHEREAS, distracted driving can result in injuries and deaths to all road users (motorists,
pedestrians and bicyclists); and,
WHEREAS, distracted driving occurs when drivers divert their attention away from the task of
driving to focus on another activity instead; and,
WHEREAS, from 2011-2020 distracted driving-related crashes resulted in 32,000 deaths on our
nation's roads; and,
WHEREAS, in New Jersey distracted driving was listed as a contributing circumstance in 50-
percent of all motor vehicle crashes from 2016-2020; and,
WHEREAS, the State of New Jersey will participate in the nationwide Distracted Driving 2023
Crackdown from April 1 - 30, 2023 in an effort to raise awareness and decrease driver distraction
through a combination of enforcement and education; and,
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April 4, 2023 Minutes
WHEREAS, the national slogan for the campaign is ()Drive. UText. UPav; and,
WHEREAS, a reduction in distracted driving in New Jersey will save lives on our roadways;
NOW, THEREFORE, be it resolved that the Mayor and Council of the Borough of
Franklin Lakes, declares it's support for the Distracted Driving 2023 Crackdown both locally and
nationally from April 1 - 30, 2023 and pledges to increase awareness of the dangers of distracted
driving.
Appointments
• ADA Coordinator—Garrett Goodman
• Full Time Police Officer—James Iandoli
• Full Time Police Officer—Nicolas Foschini
Motion to make the above-mentioned appointments was made by Councilmember Kelly, seconded
by Councilmember Ansh.
Mr. Hart stated the officers have completed their probationary period and now are appointed to
full time positions.
Roll Call:
Ayes: Ansh, Bonagura, Cardenas, Kelly, Sheppard
Nays:
Abstain:
Absent: Lambrix
Motion Approved
Time for Public Comment
Motion to open the time for public comment was made by Councilmember Kelly, seconded by
Councilmember Cardenas. On voice vote, all in favor.
Laurie Burnette inquired about the Engineers' Report and markers on Lawlins Road, and asked
that the gross weight sign on Lawlins taken down by a resident be replaced.
Ms. Boland responded that new service is being installed by PSE&G and the area will be evaluated
for paving. Mr. Hart elaborated that the paving will be done sometime in the future.
Ari Donio asked what prevents Mr. Hekemian from suing again and developing how he wants. He
spoke about creating a fund to be collected by taxes for the town to buy properties subject to risk
of development and to have a committee to assess risk.
Mr. Smith responded that any property owner can come forward with a request to do anything;we
have the right to consider it. Mayor Kahwaty stated we have an Affordable Housing Committee
which will be considering all of these options.
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April 4, 2023 Minutes
Motion to close the time for public comment was made by Councilmember Kelly, seconded by
Councilmember Ansh. On voice vote, all in favor.
Engineers Report
• PSE&G Paving
Eileen Boland stated PSE&G will repair the seven roads they disturbed and the remaining streets
will be the responsibility of the Borough. Mr. Hart to prepare a resolution for the April 18, 2023
meeting to confirm this agreement. Ms. Boland submitted road plans to the DOT and is awaiting
their comments prior to bidding the project.
Ms. Boland to review specs for the sidewalk around McBride Field. She stated the goal is to be
ready to start in May. The Olentangy drainage project will be available for bid in 2 1/2 weeks and
she will look into getting an easement affecting two properties.
Following discussion on the various sidewalk projects, Mr. Hart to look into and report back.
Consent Agenda Resolution 113-23
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 114-23 Accept Report of Finance Committee
Resolution 115-23 Authorize Emergency Temporary Appropriations for CY 2023
Resolution 116-23 Award Contract—Fireworks
Resolution 117-23 Confirm Appointment of Construction Official/Building Subcode Official/
Building Inspector
Resolution 118-23 Shared Services Agreement—Sewer Operator
Resolution 119-23 Award Contract—Landscape Maintenance
Resolution 120-23 Rescinding Area In Need of Redevelopment Study
Resolution read and introduced by Council President Bonagura, seconded by Councilmember
Sheppard.
Roll Call:
Ayes: Ansh, Bonagura(except Shared Services Agreement), Cardenas, Kelly, Sheppard
Nays:
Abstain: Bonagura on Shared Services Agreement
Absent: Lambrix
Motion Approved
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Resolutions
Resolution 119-23 Award Contract—Landscape Maintenance
WHEREAS, the Borough of Franklin Lakes advertised for and opened bids on March 30, 2023 for
landscape maintenance; and,
WHEREAS,three contractors submitted bids; and,
WHEREAS,the Mayor and Council wish to award this contract to the contractor that submitted the lowest
responsible bid, North Jersey LandCare Services, LLC, 500 West Commercial Avenue, Moonachie, New
Jersey 07074; and,
WHEREAS,the Borough Administrator and Borough Attorney have reviewed the bid submitted and have
determined that the bid meet the specifications;
NOW THEREFORE,BE IT RESOLVED by the Mayor and Council of the Borough of Franklin Lakes,
County of Bergen, State of New Jersey that the contract for landscape maintenance be and is hereby
awarded to North Jersey LandCare Services, LLC,for the bid amount of$63,545.00 for the year 2023,with
a Borough option for two additional one year periods, for the bid amounts of $66,725.00 in 2024 and
$70,061.00 in 2025,in accordance with the bid specifications; and
WHEREAS,the Chief Financial Officer has certified the availability of funds for this contract,
Account: Lawn Maintenance Services
Account Number: 3-01-26-310-108
Certification of Funds:
William G. Pike, Chief Financial Officer
BE IT FINALLY RESOLVED that a copy of this resolution be forwarded to North Jersey LandCare
Services, LLC, and the Superintendent of Public Works.
Resolution read and introduced by Councilmember Kelly, seconded by Councilmember Cardenas.
Discussion — Mr. Hart responded to questions explaining all borough fields are done by an
independent landscaper for a significant cost savings. He stated the difference on these bids was
$169.00.
Roll Call:
Ayes: Ansh, Bonagura, Cardenas, Kelly, Sheppard
Nays:
Abstain:
Absent: Lambrix
Motion Approved
• Resolution Rescinding Area In Need of Redevelopment Study
Mr. Hart stated consideration of this resolution should wait until after closed session discussion.
Mayors Report
Mayor Kahwaty reported the Parsons Pond Park development has been a major project for the last
few months, it is almost completed and there will be some new projects moving forward.
Committee/Liaison Reports
Mr. Hart introduced Ed Brown, Tax Assessor. Mr. Hart outlined discussion about housing cost
increases at The Reserve,reassessment or revaluation, and asked Mr. Brown to talk about pros and
cons of each.
Mr. Brown stated the tax generated by The Reserve provides relief to the rest of the town. He
stated the assessments began in 2018 when there was a lack of inventory, and recently there is an
issue with the units selling high above assessments. He stated he doesn't feel a revaluation is in
the best interest of the Borough. He explained the Equalization Ratio has likely hit its high but is
still above 90%. If it was lower than 80% the Bergen County Board of Taxation would require
the Borough to do a revaluation, which are done are approximately every ten years or so.
Discussion was held on rolling inspections, pros and cons of reassessments, and tax appeals.
Mayor Kahwaty asked about the lull in added assessments. Mr. Smith stated that Cigna was
assessed at $84M, and that will need to be addressed. Mr. Brown stated they have had appeals
pending for several years.
Environmental & Community Affairs/Library
Councilmember Cardenas reported the Environmental Commission will be hosting the Green Film
Festival showing "The Biggest Little Farm" at the Wyckoff Library; are excited about their new
composting initiative; and the Borough's Spring Clean Up Day is May 6; and asked for a copy of
the Borough's recycling tonnage report. Mr. Hart to provide the report.
She stated the Seniors had nothing new to report. She was unable to attend the Shade Tree meeting;
however, reported the Commission is pleased with the amendments for the new tree ordinance.
The Board of Education recently voted to allow teleconferencing in meetings. Library renovations
are being discussed and reviewed and the search for a new Library Director continues.
Mayor Kahwaty added that they have narrowed the search and hope to have someone shortly.
Councilmember Sheppard is working with the Shade Tree Committee to refine the new tree
ordinance. He spoke about the ordinance and interviews for the Tree Specialist position and the
need to enforce the Ordinance and implementation of new procedures at the time the permit is
obtained by the homeowner.
Mr. Hart stated the tree ordinance will likely be introduced in May.
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Public Safety
Council President Bonagura reported on recruiting volunteers for the Fire Department and the
Ambulance Corps and the hiring process for the Police Department. He stated Mr. Hart is working
on the details of the hiring process.
• Drone Ordinance Repeal
Mr. Smith spoke about a letter he received regarding Federal regulations on drones which makes
the ordinance Franklin Lakes currently has no longer enforceable. He recommends it be repealed.
No objections.
0 Outdoor Fires Ordinance
Mr. Hart stated the Fire Official recommended an ordinance regarding outdoor fires, fireplaces,
and fire pits. Councilmember Sheppard spoke about the size needing to be adjusted due to size of
a standard kit. Mr. Hart to look clarify size and will have Ordinances for the drones and fire pits
ready to introduce on April 18.
• Purchase of New Ambulance
Council President Bonagura asked about a thread of emails regarding the purchase of the new
ambulance. Mr. Hart explained national cooperative purchases, requirements and exceptions, and
the process behind the contract award.
Planning and Development
Councilmember Sheppard thanked Donna Robinson for being the substitute clerk at a previous
meeting. In regard to the Cigna property, he stated the area in need of redevelopment resolution
has been carried. Planning Board Attorney Madaio is currently reviewing ordinances.
0 Cigna Property Timeline
Mr. Hart discussed the timeline the settlement agreement contemplates. He stated it should be
discussed with Borough Planner Beth McManus and an ordinance prepared to implement zoning
standards. Mr. Hart to send an E-blast so that residents understand the process.
Motion by Councilmember Sheppard to have ordinance drafted; seconded by Councilmember
Cardenas.
Discussion - Mr. Smith clarified procedures for the ordinance.
Roll Call Vote:
Ayes: Ansh, Bonagura, Cardenas, Kelly, Sheppard
Nays:
Abstain:
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Absent: Lambrix
Motion Approved
Mr. Hart to look for an authorization from the Planning Board to direct Ms. McManus to move
forward with the ordinance.
Administration and Finance
• Animal Licensing Penalties
Mr. Hart spoke about the general penalty clause that is currently in the Code and stated a specific
penalty should be implemented for animal licenses. Discussion ensued on pet tag materials,rabies
vaccinations, the number of unlicensed pets, and the upcoming pet census. Mr. Hart to have an
introduction prepared for the April 181h meeting.
• Approve Design of Ongoing Public Improvements
• Approve Final Design of Public Improvements
Mr. Hart spoke about these resolutions being a provision of the tort claims act designed to limit
the Borough's liability. He read the citation and stated these should be adopted annually. There
being no objections, these resolutions will be on the April 181h meeting.
• Support Property Tax Relief Funding
Mayor Kahwaty asked for consideration of sending a letter to the Legislature regarding energy tax
receipts to restore money back to municipalities. All in favor.
Public Works
Councilmember Kelly reported that Public Works has been doing work for the new road program,
paving, and fixing pot holes.
Parks and Recreation
Councilmember Ansh reported there was no meeting. He looked at the Parsons Pond Park building
and reviewed the costs of the building. Recreation & Parks held the Easter Egg Hunt, blood
donation drive, and celebrated Ramadan with a lighting ceremony.
Mayor Kahwaty reported that he attended the opening of Reed Academy and stated it is a great
addition to community.
• Bergen County Municipal Park Improvements Grant
Mr. Hart stated with the Mayor and Council's approval he will submit a letter of intent by April
14'h based on Dina Robinson's recommendations. No objections.
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• Facilities Use Permit—AMPT (Athletes Making Progress Together)
• Facilities Use Permit—FLEF Softball Tournament
• Facilities Use Permit—Oasis-A Haven for Women and Children
There being no objections resolutions will be placed on the next consent agenda.
Borough Administrator's Report
Mr. Hart reported on having a lot of committee meetings. He noted that a discussion was held on
combining the Franklin Lakes Festival and the Lions Club Carnival. Discussion ensued on holding
the events in the Commuter Parking lot on the scheduled dates May 17 through May 21, 2023.
Councilmember Kelly asked when the next meeting was to discuss the Ambulance Corps.
Councilmember Kelly discussed the next meeting regarding the Ambulance Corps renovations.
Old Business
None
New Business
Council President Bonagura inquired if Franklin Lakes should join the COAH lawsuit with 13
other towns. It was noted that Mr. Surenian is the lead Council and advised this would not affect
the Borough's current affordable housing situation. Mr. Hart was directed to discuss further with
Affordable Housing Attorney Edwards.
Councilmember Kelly stated the Ramapo Boys' Varsity Basketball Team won the State
Championship and the team will be attending the April 18, 2023 meeting. Mr. Hart added that
Ms. Dayaneiris Burton will also be in attendance to be recognized for her participation in recent
pageants.
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, April 4, 2023 which
begins at 7:30 PM, in the Conference Room at the Municipal Building to discuss the following:
• Contractual: Lauber Barn
• Personnel: Police Promotions
• Contractual: Cigna Property
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.
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Motion to go into Closed Session was made at 9:11 PM made by Council President Bonagura,
seconded by Councilmember Kelly. On voice vote, all in favor.
The Mayor and Council returned to open session at 9:38 PM.
Council President Bonagura questioned the status of the electric bills the Borough is currently
paying. Mr. Hart stated he is still working on this.
• Resolution Rescinding Area In Need of Redevelopment Study
Mr. Smith stated the request to the Planning Board is no longer necessary and suggested a
resolution to withdraw the request.
Resolution 120-23 Resolution Rescinding Resolution No. 318-22 Directing the Planning
Board to Conduct a Preliminary Investigation and Hearing
WHEREAS, by Resolution No. 318-22, adopted by the Mayor and Council of the Borough of
Franklin Lakes on December 6,2022,the Mayor and Council directed the Franklin Lakes Planning
Board to conduct a preliminary investigation and hearing, and to make a recommendation,whether
the Study Area, defined as Block 2607, Lot 1 on the Tax Map of the Borough of Franklin Lakes,
satisfies any of the criteria set forth in N.J.S.A. 40A:12A-5 in order to be designated as a Non-
Condemnation Redevelopment Area; and,
WHEREAS, the Mayor and Council are no longer desirous of proceeding with the process of
determining whether said property satisfies the statutory criteria in order to be designated as a Non-
Condemnation Redevelopment Area;
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 Resolution No. 318-22, adopted on
December 6, 2022, be and is hereby rescinded; and
BE IT FINALLY RESOLVED that a copy of this resolution be forwarded to the Planning Board
and the Borough Planner.
Resolution read and introduced by Council President Bonagura, seconded by Councilmember
Kelly. Discussion - none
Roll Call:
Ayes: Ansh, Bonagura, Cardenas, Kelly, Sheppard
Nays:
Abstain:
Absent: Lambrix
Motion Approved
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Adiournment
Motion to adjourn the meeting was made at 9:41 PM by Councilmember Kelly, seconded by
Councilmember Sheppard. On voice vote, all in favor.
Resolution 114-23 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$5,774,244.82 as shown on the Claims Bill List; $25,504.00 as
shown on the Soil Account Bill List; and $3,075.00 as shown on the Developers Escrow List.
BE IT FURTHER RESOLVED,that the payroll of March 30,2023 in the amount of$339,661.33
be hereby ratified and approved.
Resolution 115-23 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. 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$2,177,005.00;
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:
Salaries & Wages: General Admin. 2,000.00
Mayor& Council 2,000.00
Construction Dept. 2,000.00
Electrical Inspector 2,000.00
Police 5,000.00
Fire Department 1,000.00
Uniform Fire Safety Act 5,000.00
Road Repairs &Maint. 5,000.00
Board of Health 1,000.00
Municipal Court 2,000.00
Other Expenses: General Insurance 118,350.00
Electricity 7,000.00
Celebration of Public Events 5,000.00
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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 116-23 Award Contract—Fireworks
WHEREAS, the Community Director solicited three proposals for a fireworks display for the
Franklin Lakes Festival; 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 Community Director recommends that the contract for a fireworks display for
the Franklin Lakes Festival be awarded to Starfire Corporation, P.O. Box 179, St. Benedict,
Pennsylvania 15773, for the proposal amount of$13,500.00;
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 the recommendation of the
Community Director is hereby approved and the contract for a fireworks display for the Franklin
Lakes Festival be and is hereby awarded to Starfire Corporation, for the proposal amount of
$13,500.00; and,
WHEREAS,the Chief Financial Officer has certified the availability of funds for this purchase,
Account: Celebration of Public Events/Miscellaneous
Account Number: 3-01-30-420-099
Certification of Funds:
William G. Pike, Chief Financial Officer
BE IT FINALLY RESOLVED that a copy of this resolution be forwarded to Starfire Corporation
and the Community Director.
Resolution 117-23 Confirm Appointment of Construction Official/Building Subcode
Official/Building Inspector
BE IT RESOLVED by the Mayor and Council of the Borough of Franklin Lakes, County of
Bergen, that Garrett Goodman is hereby appointed to the position of Construction
Official/Building Subcode Official/Building Inspector for the Borough of Franklin Lakes for a
four year term from March 27, 2023 through March 27, 2027; and,
BE IT FINALLY RESOLVED that a certified copy of this resolution be forwarded to
Garett Goodman.
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Resolution 118-23 Shared Services Agreement—Sewer Operator
WHEREAS, the Borough must provide for certain services in connection with the operation and
maintenance of a sanitary sewer collection system when it owns such a collection system; and,
WHEREAS, the Northwest Bergen County Utilities Authority, 30 Wyckoff Avenue, Waldwick,
New Jersey, 07463 has submitted a shared services proposal dated March 21, 2023 to provide such
services; and,
WHEREAS,this agreement shall commence on or about June 1, 2023, and shall continue in effect
until May 31, 2024; and,
NOW THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Borough of
Franklin Lakes that Northwest Bergen County Utilities Authority be and is hereby awarded the
shared services contract for operation and maintenance of the Borough's sanitary sewer collection
system, including an annual fee of$4,600 for Licensed Collection System Operator services and
such other itemized services as set forth in its proposal dated March 21, 2023; and,
BE IT FINALLY RESOLVED that a copy of this resolution be forwarded to the Northwest
Bergen County Utilities Authority.
Resolution 119-23 Award Contract—Landscape Maintenance
WHEREAS, the Borough of Franklin Lakes advertised for and opened bids on March 30, 2023 for
landscape maintenance; and,
WHEREAS,three contractors submitted bids; and,
WHEREAS,the Mayor and Council wish to award this contract to the contractor that submitted the lowest
responsible bid, North Jersey LandCare Services, LLC, 500 West Commercial Avenue, Moonachie, New
Jersey 07074; and,
WHEREAS,the Borough Administrator and Borough Attorney have reviewed the bid submitted and have
determined that the bid meet the specifications;
NOW THEREFORE,BE IT RESOLVED by the Mayor and Council of the Borough of Franklin Lakes,
County of Bergen, State of New Jersey that the contract for landscape maintenance be and is hereby
awarded to North Jersey LandCare Services, LLC,for the bid amount of$63,545.00 for the year 2023,with
a Borough option for two additional one year periods, for the bid amounts of $66,725.00 in 2024 and
$70,061.00 in 2025,in accordance with the bid specifications; and
WHEREAS,the Chief Financial Officer has certified the availability of funds for this contract,
Account: Lawn Maintenance Services
Account Number: 3-01-26-310-108
Certification of Funds:
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April 4, 2023 Minutes
William G. Pike, Chief Financial Officer
BE IT FINALLY RESOLVED that a copy of this resolution be forwarded to North Jersey LandCare
Services, LLC, and the Superintendent of Public Works.
Respectfuulll,y, submitted,
1 M. Rulli, Borough Clerk