HomeMy Public PortalAbout2023-04-18 Regular Meeting Minutes Special Work Session of the Mayor and Council
April 18, 2023
A regular meeting of the Mayor and Council was held on April 18, 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, 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 and presented the following proclamations.
HONORING DAYANEIRIS BURTON
UNITED STATES OF AMERICA MS. NEW JERSEY 2023
WHEREAS, Dayaneiris "Daya" Burton, a resident of the Borough of Franklin Lakes, has been a
professional hair, makeup artist and beauty instructor for over 20 years, with a background in
finance and entrepreneurship; and,
WHEREAS, thanks to her unwavering determination, perseverance, hard work and strong
passion, Daya has become an influential businesswomen, hairstylists, makeup artists and models
in the beauty industry and owns her own cosmetic line, Glavisio Skin & Beauty; and,
WHEREAS, Daya competed in her first pageant as United States of America Ms. North Jersey
2022 on September 25, 2022, and won the title USOA Ms. New Jersey 2023; and,
WHEREAS, Daya competed in her first national pageant for the United States of America
Ms. 2023 on April 2, 2023 which took place in Las Vegas from March 30d'to April 2nd; and,
WHEREAS, Daya is a community leader and role model who teaches various classes and
advocates for the advancement of women in their professional lives and education, is actively
involved in several foundations including the Franklin Lakes Education Foundation, and focuses
on various causes such as education and the development of natural abilities; and,
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, and honor Dayaneiris "Daya" Burton for her unwavering determination and
Regular Meeting of the Mayor and Council Page 2
April 18, 2023
perseverance that serve as a reminder that, with hard work and a strong passion, anything is
possible.
IN WITNESS HEREOF, I have hereunto set my Hand and caused the Seal of the Borough of
Franklin Lakes to be affixed this 181h day of April, 2023.
IN RECOGNITION OF MENTAL HEALTH AWARENESS MONTH 2O23
WHEREAS, mental health is essential to overall health and well-being, and all people experience
times of difficulty and stress in their lives and should feel comfortable in seeking help and support
to manage these times; and,
WHEREAS, like physical illness, mental illness is a medical condition that can be treated
effectively through prevention, early identification, and early intervention, and with effective
treatment, all individuals with mental illness can make progress toward recovery and lead full,
productive lives; and,
WHEREAS, mental illness affects one in five people in the United States, and the experience can
be devastating for individuals and families with little knowledge or access to mental health
services; and,
WHEREAS,the COVID-19 pandemic has created a multitude of mental health challenges for our
community members of all ages, and connecting people to care is more important than ever; and,
WHEREAS, May is annually recognized throughout the nation as Mental Health Awareness
Month; and,
WHEREAS, it is the 10 h anniversary of the beginning of the Stigma-Free Initiative in Bergen
County with Paramus initially declaring itself a Stigma-Free Zone in 2013; and,
WHEREAS,the Borough of Franklin Lakes, declared themselves as a Stigma-Free Zone and will
continue to support the Stigma-Free initiative; and,
WHEREAS, Stigma-Free Zones aim to inspire public interest and open dialogue about stigma,
raise awareness of the diseases of mental illness and create a culture wherein residents who have
the diseases of mental illness feel free to seek treatment for the disease without fear of stigma; and,
WHEREAS, local resources are available to treat the disease of mental illness so no one resident
needs to suffer alone or feel hopeless,
NOW THEREFORE BE IT RESOLVED that the Borough of Franklin Lakes recognizes the
community needs and continues to support the efforts of the County of Bergen in continuing to be
a Stigma-Free Zone.
Regular Meeting of the Mayor and Council Page 3
April 18, 2023
WHEREAS, in 1872, J. Sterling Morton proposed to the
Nebraska Board of Agriculture that a special day be set
aside for the planting of trees; and,
F, WHEREAS, this holiday, called Arbor Day, was first
observed with the planting of more than a million trees in
Nebraska, and it is now observed throughout the nation
cqand the world; and,
WHEREAS,trees can reduce the erosion of our precious
Ak 0 Day topsoil by wind and water, cut heating and cooling costs,
moderate the temperature, clean the air, produce life-
giving oxygen, and provide habitat for wildlife; and,
WHEREAS, trees are a renewable resource giving us paper, wood for our homes, fuel for our
fires and countless other wood products; and,
WHEREAS, trees in our Borough increase property values, enhance the economic vitality of
business areas, and beautify our community, and, wherever they are planted, are a source of joy
and spiritual renewal, and,
NOW THEREFORE, I, Charles J. X. Kahwaty, Mayor of the Borough of Franklin Lakes, County
of Bergen, and State of New Jersey, do hereby proclaim April 28, 2023, as Arbor Day in the
Borough of Franklin Lakes, and I urge all citizens to celebrate Arbor Day and to support efforts to
protect our trees and woodlands; and I urge all citizens to plant trees to gladden the heart and
promote the well-being of this and future generations.
HONORING RAMAPO HIGH SCHOOL BASKETBALL TEAM
WHEREAS,the Mayor and Council are desirous of honoring the champion Ramapo High School
Basketball team for its successful Winter 2022-2023 season; and,
WHEREAS, the Ramapo High School Basketball team capped the season with Ramapo High
School's first ever Group 3 State Championship win; and,
WHEREAS, highlights of the season for the 2022-2023 Ramapo High School Basketball team
included:
• Big North Freedom Division Champions
• 2023 NJSIAA Group 3 State Champions, Record 30-3
North Jersey, Section 1, Group 3 Champions
• "Team of the Year" by the Bergen County Coaches Association
• Bergen County Coach of the Year, Nick Vier
• All-Bergen County, First Team: Wyatt Eglinton Manner and Peyton Seals
• All-Bergen County, Second Team: Chris Cervino
Regular Meeting of the Mayor and Council Page 4
April 18, 2023
WHEREAS, Head Coach Nick Vier, Assistant Coaches Tyrell Biggs, Craig Nichols, Dan Ring
and Jim Ring, and the Ramapo High School Basketball players are to be commended for their
exceptional accomplishments;
NOW THEREFORE, I, CHARLES J. X. KAHWATY, Mayor of the Borough of Franklin
Lakes, County of Bergen and State of New Jersey, on behalf of the Mayor and Council and our
residents, do hereby honor and congratulate Coach Nick Vier, the assistant coaches and the
players on the 2022-2023 Ramapo High School Basketball team for a tremendous basketball
season;
IN WITNESS HEREOF, I have hereunto set my Hand and caused the Seal of the Borough of
Franklin Lakes to be affixed this 18" day of April, 2023.
Head Coach Vier spoke of the great pride he has in being here and congratulated the team, the
parents, and thanked everyone for their hard work and support.
Appointments
• Traffic Bureau—Eric Rosado
• Detective Bureau—David Blum
• Detective Sergeant—Jon Rynander
Motion made by Councilmember Kelly to make the above-mentioned appointments, seconded by
Councilmember Ansh.
Roll Call Vote:
Ayes: Ansh, Bonagura, Cardenas, Kelly, Lambrix, Sheppard
Nays:
Abstain:
Absent:
Motion Approved
Captain McCombs outlined accomplishments and service of each and stated the Borough is lucky
to have them. He thanked the Mayor and Council, Safety Committee and Borough Administrator
for their support.
Mayor Kahwaty performed the swearing in of Officer Rosado, Detective Blum and Detective
Sergeant Rynander.
Ordinances for Final Reading and Adoption
Motion made by Councilmember Lambrix to take up Ordinance 1902 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.
Regular Meeting of the Mayor and Council Page S
April 18, 2023
2023 SALARY ORDINANCE
ORDINANCE NO. 1902
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
Councilmember Lambrix read the summary: This ordinance establishes the salaries for all
Borough employees.
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 Ansh. On voice vote, all in favor.
WHEREAS, Ordinance 1902 was introduced at a meeting of the Mayor and Council held on the
21" day of March, 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. 1902 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 Council President
Bonagura. Discussion — Mr. Hart stated the Sanitary Engineer was inadvertently omitted. He
confirmed with the Borough Attorney it is a non-substantive change.
Roll Call Vote:
Ayes: Ansh, Bonagura, Cardenas, Kelly, Lambrix, Sheppard
Nays:
Abstain:
Absent:
Motion Approved
Motion made by Councilmember Kelly to take up Ordinance 1903 for consideration of adoption
on second and final reading, and direct the Borough Clerk to read by title, seconded by Council
President Bonagura. On voice vote, all in favor.
The Borough Clerk read the Ordinance by title only.
Regular Meeting of the Mayor and Council Page 6
April 18, 2023
ORDINANCE NO. 1903
AN ORDINANCE AMENDING CHAPTER 247 "FEES"AND
CHAPTER 259 "FIRE PREVENTION" OF THE CODE OF THE BOROUGH
OF FRANKLIN LAKES TO ESTABLISH AND AMEND CERTAIN FEES
Councilmember Lambrix read the summary: This ordinance amends certain fees for the Fire
Prevention Bureau and Recreation programs.
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 1903 was introduced at a meeting of the Mayor and Council held on the
21" day of March, 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. 1903 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 Council President
Bonagura. 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 1905 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. 1905
AN ORDINANCE AUTHORIZING AND PROVIDING FOR VARIOUS
IMPROVEMENTS AND APPROPRIATING $1,085,000.00 FOR SAID
Regular Meeting of the Mayor and Council Page 7
April 18, 2023
IMPROVEMENTS AUTHORIZED TO BE UNDERTAKEN IN, BY AND FOR
THE BOROUGH OF FRANKLIN LAKES, IN THE COUNTY OF BERGEN,
NEW JERSEY
Councilmember Lambrix read the summary: This ordinance appropriates $1,085,000 for the
Borough's 2023 Road Program.
Motion to open the hearing to the public was made by Councilmember Kelly, seconded by
Councilmember Cardenas. On voice vote, all in favor.
Laurie Burnette inquired if gas line replacements will be done before the roads are paved. Mr. Hart
responded PSE&G is not always able to coordinate schedules; however, roads paved this year
would not be affected.
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 1905 was introduced at a meeting of the Mayor and Council held on the
21" day of March, 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. 1905 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.
Roll Call Vote:
Ayes: Ansh, Bonagura, Cardenas, Kelly, Lambrix, Sheppard
Nays:
Abstain:
Absent:
Motion Approved
Motion made by Councilmember Cardenas to take up Ordinance 1906 for consideration of
adoption on second and final reading, and direct the Borough Clerk to read by title, seconded by
Council President Bonagura. On voice vote, all in favor.
The Borough Clerk read the Ordinance by title only.
ORDINANCE 1906
CALENDAR YEAR 2023
Regular Meeting of the Mayor and Council Page 8
April 18, 2023
ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS
AND TO ESTABLISH A CAP BANK
(N.J.S.A. 40A: 4-45.14)
Councilmember Lambrix read the summary: This ordinance permits the Borough to increase
appropriations by a maximum of 3.5% and allows any amounts less than said increase to be
retained in the CAP bank.
Motion to open the hearing to the public was made by Councilmember Lambrix, seconded by
Council President Bonagura. 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 Ansh, seconded by Council
President Bonagura. On voice vote, all in favor.
WHEREAS, Ordinance 1906 was introduced at a meeting of the Mayor and Council held on the
21" day of March, 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. 1906 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 Council President
Bonagura. Discussion—none.
Roll Call Vote:
Ayes: Ansh, Bonagura, Cardenas, Lambrix, Sheppard
Nays: Kelly
Abstain:
Absent:
Motion Approved
Time for Public Comment
Motion to open the time for public comment was made by Council President Bonagura, seconded
by Councilmember Lambrix. On voice vote, all in favor.
Donna Robinson stated the Environmental Committee discussed the disassembling of the gas
station and concerns were raised about dust and airborne items. She asked if these items will be
addressed when the Cigna building is demolished.
Discussion ensued and it was indicated that this is part of the demolition process. Councilmember
Cardenas stated she thought the gas station should be fenced or screened for safety and visual
Regular Meeting of the Mayor and Council Page 9
April 18, 2023
reasons. Discussion continued regarding the proximity to the school. Mr. Smith reminded
everyone there are State statutes regarding the demolition process and the State oversees it.
Mr. Hart will follow up with gas station and ensure they are complying.
Motion to close the time for public comment was made by Councilmember Kelly, seconded by
Councilmember Lambrix. On voice vote, all in favor.
Consent Agenda Resolution 121-23
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 122-23 Accept Report of Finance Committee
Resolution 123-23 Agreement with PSE&G on Paving Borough Roads
Resolution 124-23 Amendment to Personnel Policies and Procedures Manual—Abuse of Sick
Leave
Resolution 125-23 Approve Design of Ongoing Public Improvements
Resolution 126-23 Approve Final Design of Public Improvements
Resolution 127-23 Award Contract—Ambulance
Resolution 128-23 Award Contract—IT Consultant Services
Resolution 129-23 Facilities Use Permit—Athletes Making Progress Together
Resolution 130-23 Facilities Use Permit—FLEF Softball Tournament
Resolution 131-23 Facilities Use Permit—Oasis
Resolution 132-23 Grievance Procedure under the Americans with Disabilities Act
Resolution 133-23 Redeem Tax Lien Certificate—315 Freemans Lane
Resolution 134-23 Professional Service Agreement—Tree Specialist
Resolution 135-23 Professional Service Agreement—Water Quality Management
Resolution 136-23 Compliance with EEOC Enforcement Guidance
Resolution 137-23 Waiver of Reading in Full of the 2023 Budget
Resolutions read and introduced by Council President Bonagura, seconded by Councilmember
Lambrix.
Roll Call Vote:
Ayes: Ansh, Bonagura, Cardenas (except Professional Service Agreement — Water
Quality Management), Kelly, Lambrix, Sheppard
Nays:
Abstain: Cardenas from Professional Service Agreement—Water Quality Management
Absent:
Motion Approved
Public Hearing on the Adoption of the 2023 Municipal Budget
• 2023 Municipal Budget
0 Budget Presentation
Regular Meeting of the Mayor and Council Page 10
April 18, 2023
Mr. Hart presented the 2023 Municipal Budget.
Mayor Kahwaty stated an extraordinary job has been done in recent years and particularly this
year. He asked if a healthy amount of debt had to be retained in order to maintain the bond rating.
Mr. Hart responded there is and comparatively, we in good shape and debt continues to decrease.
Councilmember Lambrix affirmed the debt it is a percentage of the operating budget.
Laurie Burnette asked when the final tax rate is determined. Mr. Pike explained we have to wait
on the Board of Education information before the final tax rate can be determined. He stated we
didn't know until September of last year and as a result, estimated tax bills were sent.
Resolution 138-23 Amend the 2023 Municipal Budget
Resolution attached at the end of the minutes.
Resolution read by Councilmember Lambrix, seconded by Council President Bonagura.
Discussion—Chief Financial Officer William Pike explained an increase in the energy relief tax,
appropriated $12,000 more, and the relief aid from last year is must be included in this budget.
Motion to open the hearing to the public was made by Councilmember Sheppard, seconded by
Councilmember Ansh. 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
Council President Bonagura. On voice vote, all in favor.
Roll Call Vote:
Ayes: Ansh, Bonagura, Cardenas, Lambrix, Sheppard
Nays: Kelly
Abstain:
Absent:
Motion Approved
Resolution 139-23 Adopting the 2023 Municipal Budget
Resolution attached at the end of the minutes.
Motion to open the hearing to the public was made by Councilmember Sheppard, seconded by
Councilmember Ansh. 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
Council President Bonagura. On voice vote, all in favor.
Regular Meeting of the Mayor and Council Page 11
April 18, 2023
Resolution read by Councilmember Lambrix, seconded by Council President Bonagura.
Discussion—none.
Roll Call Vote:
Ayes: Ansh, Bonagura, Cardenas, Lambrix, Sheppard
Nays: Kelly
Abstain:
Absent:
Motion Approved
Action on Minutes
Motion to accept the minutes was made by Councilmember Kelly, and seconded by
Councilmember Lambrix:
• March 1, 2023 Closed 0 March 16, 2023 Closed
• March 1, 2023 Budget 0 March 21, 2023 Regular
• March 7, 2023 Work Session • March 21, 2023 Closed
• March 7, 2023 Closed 0 March 28, 2023 Special
• March 8, 2023 Budget 0 March 28, 2023 Closed
• March 8, 2023 Closed 0 March 29, 2023 Special
• March 16, 2023 Special
Roll Call Vote:
Ayes: Ansh, Bonagura, Cardenas, Kelly, Lambrix, Sheppard
Nays:
Abstain:
Absent:
Motion Approved
Old Business
None
New Business
• Municipal Open Space Tax Referendum
In response to a public comment about receiving money for Open Space, Mr. Hart outlined a
referendum process where a question can be placed on the ballot for voters to decide. He noted
this was done in 2006 and 2007 and it was voted down both times. Following discussion it was
decided to place an Open Space Acquisition question on the ballot for the November Election. An
ordinance will be introduced at the May regular meeting.
0 Re-Zoning of Cigna Property
Regular Meeting of the Mayor and Council Page 12
April 18, 2023
Mr. Hart noted the date on the settlement agreement date was changed to April 18, 2023, and as
part of the agreement we are bound to review zoning laws. Changes will be introduced in May.
Mr. Hart stated he expects to introduce the tree ordinance in May with input from the new
Specialist who starts May 1, 2023.
Mr. Hart stated he received an email from a resident concerned about 5G health effects. In
response the Borough's 5G Consultant, Peter Lupo, has prepared a comprehensive report and will
present at an upcoming meeting and answer questions. Councilmember Lambrix suggested
inviting the resident as well. All in agreement.
Introduction of Ordinances on First Reading
Motion to take up consideration of Ordinance 1907 for Introduction, and direct the Borough Clerk
to read by title was made by Council President Bonagura, seconded by Councilmember Sheppard.
On voice vote, all in favor.
The Borough Clerk read the Ordinance by title only.
ORDINANCE NO. 1907
AN ORDINANCE REPEALING CHAPTER 137 "SMALL UNMANNED
AIRCRAFT" OF THE CODE OF THE BOROUGH OF FRANKLIN LAKES
WHEREAS, Ordinance 1907 was introduced at a meeting of the Mayor and Council held on the
18'h day of April, 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 1907 be and the same is
hereby introduced on First Reading; and,
BE IT FURTHER RESOLVED that said Ordinance 1907 will be further considered for final
passage at a meeting of the said Mayor and Council to be held on the 16'h day of May, 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 1907;
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
Lambrix. Discussion — Council President Bonagura raised a concern that if the Ordinance is
repealed, drones will be allowed to fly over private property with the ability to spy. Mr. Smith
stated the FAA has taken control at the State and Federal levels and we no longer have the authority
to legislate and recommended the Ordinance be repealed as it is no longer useful.
Regular Meeting of the Mayor and Council Page 13
April 18, 2023
Following discussion on federal regulations, Mr. Hart was directed to do a summary of the federal
regulations.
Roll Call Vote:
Ayes: Ansh, Bonagura, Cardenas, Kelly, Lambrix, Sheppard
Nays:
Abstain:
Absent:
Motion Approved
Motion to take up consideration of Ordinance 1908 for Introduction, and direct the Borough Clerk
to read by title was made by Council President Bonagura, seconded by Councilmember Cardenas.
On voice vote, all in favor.
Mr. Hart stated the Fire Official advised the size of the fire pit is determined by the statute. The
size can be stipulated as no larger than 4' x 4', or it would be considered a bon fire and subject to
additional rules.
The Borough Clerk read the Ordinance by title only.
ORDINANCE NO. 1908
AN ORDINANCE SUPPLEMENTING CHAPTER 259
"FIRE PREVENTION" OF THE CODE OF THE BOROUGH
OF FRANKLIN LAKES TO REGULATE OUTDOOR FIRES
WHEREAS, Ordinance 1908 was introduced at a meeting of the Mayor and Council held on the
18'h day of April, 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 1908 be and the same is
hereby introduced on First Reading; and,
BE IT FURTHER RESOLVED that said Ordinance 1908 will be further considered for final
passage at a meeting of the said Mayor and Council to be held on the 16'h day of May, 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 1908;
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.
Regular Meeting of the Mayor and Council Page 14
April 18, 2023
Discussion—Mr. Hart clarified that outdoor fires are only for seasoned firewood, not yard debris
due to fire hazard. The size of the pit will be clarified with Fire Prevention before adoption.
Roll Call Vote:
Ayes: Ansh, Bonagura, Cardenas, Kelly, Lambrix, Sheppard
Nays:
Abstain:
Absent:
Motion Approved
Motion to take up consideration of Ordinance 1909 for Introduction, and direct the Borough Clerk
to read by title was made by Councilmember Lambrix, seconded by Council President Bonagura.
On voice vote, all in favor.
The Borough Clerk read the Ordinance by title only.
ORDINANCE NO. 1909
AN ORDINANCE SUPPLEMENTING CHAPTER 157 "ANIMALS"
OF THE CODE OF THE BOROUGH OF FRANKLIN LAKES TO IMPOSE
FINES FOR VIOLATIONS OF LICENSING AND OTHER PROVISIONS
WHEREAS, Ordinance 1909 was introduced at a meeting of the Mayor and Council held on the
18'h day of April, 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 1909 be and the same is
hereby introduced on First Reading; and,
BE IT FURTHER RESOLVED that said Ordinance 1909 will be further considered for final
passage at a meeting of the said Mayor and Council to be held on the 16'h day of May, 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 1909;
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—None.
Roll Call Vote:
Ayes: Ansh, Bonagura, Cardenas, Kelly, Lambrix, Sheppard
Nays:
Abstain:
Absent:
Regular Meeting of the Mayor and Council Page 15
April 18, 2023
Motion Approved
Motion to take up consideration of Ordinance 1910 for Introduction, and direct the Borough Clerk
to read by title was made by Councilmember Sheppard, seconded by Councilmember Ansh. On
voice vote, all in favor.
The Borough Clerk read the Ordinance by title only.
ORDINANCE NO. 1910
AN ORDINANCE AMENDING CHAPTER 470 "VEHICLES
AND TRAFFIC" OF THE CODE OF THE BOROUGH OF
FRANKLIN LAKES TO INCREASE CHARGING STATION FEES
WHEREAS, Ordinance 1910 was introduced at a meeting of the Mayor and Council held on the
18'h day of April, 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 1910 be and the same is
hereby introduced on First Reading; and,
BE IT FURTHER RESOLVED that said Ordinance 1910 will be further considered for final
passage at a meeting of the said Mayor and Council to be held on the 16'h day of May, 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 1910;
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—Council President Bonagura asked why the increase is not more. Mr. Hart explained
the rationale is to cover costs. Following discussion, it was agreed the increase should be to $2.00.
Moved as amended by Council President Bonagura, seconded by Councilmember Sheppard.
Roll Call Vote:
Ayes: Ansh, Bonagura, Cardenas, Lambrix, Sheppard
Nays: Kelly
Abstain:
Absent:
Motion Approved
Regular Meeting of the Mayor and Council Page 16
April 18, 2023
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 18, 2023 which
begins at 7:30 PM, in the Council Chambers at the Municipal Building to discuss the following:
• Anticipated Litigation: COAH Lawsuit
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 9:29 PM.
Adiournment
Motion to adjourn the meeting was made at 9:29 PM by Councilmember Kelly, seconded by
Councilmember Lambrix. On voice vote, all in favor.
Resolution 122-23 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 $695,805.65 as shown on the Claims Bill List; $1,364.25 as
shown on the Soil Account Bill List; and $375.00 as shown on the Developers Escrow List.
BE IT FURTHER RESOLVED, that the payroll of April 13, 2023 in the amount of$262,309.54
be hereby ratified and approved.
Resolution 123-23 Agreement with PSE&G on Paving of Borough Streets
WHEREAS, PSE&G is excavating certain Borough streets to replace gas lines; and,
WHEREAS, by Borough ordinance, for each street excavated, PSE&G would be required to
repave the entire width of the street if it had been paved within the last five years and would be
required to pave to the center of the street for all other streets; and,
WHEREAS, paving to the center of the street is disfavored for aesthetic and engineering reasons
and, therefore, in lieu of paving some roads to the center of the street, the Borough Engineer has
prepared a schedule of streets,which is incorporated by reference herein,which lists certain streets
that PSE&G will pave for the entire width, while other streets will be paved by the Borough at a
future time; and,
Regular Meeting of the Mayor and Council Page 17
April 18, 2023
WHEREAS, PSE&G has agreed to the schedule of streets referenced herein;
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 schedule of streets referenced
herein be and is hereby approved; and,
BE IT FINALLY RESOLVED that a copy of this resolution be forwarded to PSE&G and the
Borough Engineer.
Resolution 124-23 Amendment to Personnel Policies and Procedures Manual
—Abuse of Sick Leave
BE IT RESOLVED by the Mayor and Council of the Borough of Franklin Lakes, County of
Bergen and State of New Jersey, that the eighth paragraph of paragraph 18 "Sick Leave" of the
Personnel Policies and Procedures Manual is hereby amended to read as follows:
Sick leave allowance shall be forfeited where there is evidence of abuse of sick leave,
including but not limited to malingering, fraud, or false application for such leave, or a
pattern of taking sick leave days on Mondays or Fridays or prior to or following a holiday.
An employee may also be subject to disciplinary action for abuse of sick leave.
Any employee taking an extended sick leave shall exhaust his or her sick days and vacation
days and, at that time, the employee may appeal to the Mayor and Council for an unpaid
leave of absence.
BE IT FURTHER RESOLVED that a copy of this Resolution be provided to all Borough
employees.
Resolution 125-23 Approve Design of Ongoing Public Improvements
WHEREAS,the Borough of Franklin Lakes has undertaken construction of public improvements
within the municipality which are commonly referred to as:
PROJECT LOCATION
2022 Road Program As described in contract
2023 Road Program As described in contract
2022 Sidewalk Program As described in contract
Borough Hall HVAC Project As described in contract
WHEREAS, the municipality has caused plans or designs for the aforementioned improvements
to be prepared; and,
WHEREAS,the governing body has reviewed the aforementioned plans or designs and exercised
its judgment and/or approved the judgments of other as represented by the plans,
Regular Meeting of the Mayor and Council Page 18
April 18, 2023
NOW THEREFORE, BE IT RESOLVED that the governing body of the Borough of
Franklin Lakes does hereby approve the plans of the improvements referred to above; and,
BE IT FURTHER RESOLVED that a certified copy of this resolution shall be placed in the
permanent project file together with one copy of the plans referred to above with a notation
referring to the resolution of approval placed thereon.
Resolution 126-23 Approve Final Design of Public Improvements
WHEREAS, the Borough of Franklin Lakes has undertaken public improvements within the
municipality which are commonly referred to as:
PROJECT LOCATION
Veterans Plaza Planters and Signage As described in project description
2022 Road Program As described in contract
WHEREAS, the plans and designs for said improvements were previously approved by the
governing body; and,
WHEREAS,the projects have now been completed; and,
WHEREAS, during the construction of these improvements various changes to the original plans
or designs have been made with the knowledge and approval of the governing body,
NOW THEREFORE BE IT RESOLVED, that the governing body of the Borough of
Franklin Lakes hereby formally approves the final "as built"plans of the improvement referred to
above, to the extent that such plans have been prepared; and,
BE IT FURTHER RESOLVED that a certified copy of this Resolution shall be placed in the
permanent project file together with one copy of the plans referred to above with a notation
referring to the Resolution of Approval place thereon, to the extent that such plans exist.
Resolution 127-23 Award Contract—Ambulance
WHEREAS, the Borough of Franklin Lakes is authorized pursuant to N.J.S.A. 52:34-6.2(b)(3)to
use alternative procurement methods by entering into nationally recognized cooperative
purchasing agreements, provided certain requirements are met; and;
WHEREAS, the Franklin Lakes Volunteer Ambulance Corps has recommended the award of a
contract for the purchase of a 2023 Ambulance to New Jersey Emergency Vehicles ("NJEV"),
2201 Atlantic Avenue, Suite 2, Manasquan, New Jersey 08736, based on a proposal dated March
28, 2023, which was submitted in accordance with a bid submitted by NJEV to Sourcewell, a
national cooperative; and,
WHEREAS, Sourcewell and the contract award by Sourcewell to NJEV meet the requirements of
State law for awarding contracts through national cooperatives, including the following:
Regular Meeting of the Mayor and Council Page 19
April 18, 2023
• The NJEV contract was awarded through a competitive bidding process that complies with
the laws covering the issuing entity;
• Sourcewell is a contracting unit as defined by statute; and
• The Sourcewell bid was advertised as a national cooperative contract;
WHEREAS, NJEV has submitted required documentation with its proposal, including the
following:
• New Jersey Business Registration certificate;
• Non-Collusion Affidavit and Stockholder Disclosure statement; and
• Proof of EEO compliance;
WHEREAS, as required by State statute, the Mayor and Council are satisfied, based on the
information and representations presented to it, that the use of the Sourcewell contract shall result
in cost savings after all factors have been considered; and,
WHEREAS, as recommended by New Jersey Division of Local Government Services Local
Finance Notice 2012-10, the Borough published a Notice of Intent to Award a Contract under a
National Cooperative Purchasing Agreement establishing a comment period for the award of the
contract to NJEV under the Sourcewell contract;
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 Franklin Lakes
Volunteer Ambulance Corps be and is hereby approved and that a contract for the purchase of a
2023 Ambulance be and is hereby awarded to New Jersey Emergency Vehicles in the amount of
$377,005.00, in accordance with its proposal dated March 28, 2023; and,
BE IT FURTHER RESOLVED that the Chief Financial Officer has certified the availability of
funds for this purchase:
Account Name: Ordinance No. 1901 —Purchase of Ambulance
Line Item No.: C-04-55-775-101
Certification of Funds:
William G. Pike, Chief Financial Officer
BE IT FINALLY RESOLVED that a copy of this resolution be provided to New Jersey
Emergency Vehicles and the Franklin Lakes Volunteer Ambulance Corps.
Regular Meeting of the Mayor and Council Page 20
April 18, 2023
Resolution 128-23 Award Contract Extension—IT Consultant Services
WHEREAS, by resolution adopted June 2, 2020, the Mayor and Council of the Borough of
Franklin Lakes awarded a service contract to support the Borough's information technology
systems to All In One Computers, Inc., 46 Davenport Road, Montville, New Jersey; and,
WHEREAS, the contract award permits the extension of the contract for two additional one year
extensions; and,
WHEREAS, based on overall satisfaction with the services provided, the Borough Administrator
has recommended the second extension of the contract for an additional one year period to expire
on June 2, 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 the service contract to support the
Borough's information technology systems be and is hereby extended to All In One Computers,
Inc., in accordance with the May 23, 2020 proposal, for an additional one year period to expire on
June 2, 2024; and,
BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to All In One
Computers, Inc.
Resolution 129-23 Facilities Use Permit—AMPT (Athletes Making Progress Together)
WHEREAS, AMPT (Athletes Making Progress Together) has requested the use of the Pulis Turf
Field for its Youth Football Camp from 3:00 p.m. to 8:00 p.m. on June 3, 2023; and,
WHEREAS, the Mayor and Council are satisfied that the proposal for use of Borough facilities
meets the requirements of the Borough's field use ordinance;
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 AMPT (Athletes Making Progress
Together) is hereby granted permission to use Borough facilities, Pulis Turf Field, for its Youth
Football Camp from 3:00 p.m. to 8:00 p.m. on June 3, 2023, subject to compliance with all other
Borough ordinance requirements as determined by the Community Director; and,
BE IT FINALLY RESOLVED that a copy of this resolution be forwarded to AMPT (Athletes
Making Progress Together) and the Community Director.
Resolution 130-23 Facilities Use Permit—Franklin Lakes Education Foundation
WHEREAS, the Franklin Lakes Education Foundation has requested the use of the Pulis Turf
Baseball Fields for its fundraiser event to be held from 1:00 p.m. to 8:00 p.m. on May 13, 2023;
and,
WHEREAS, the Mayor and Council are satisfied that the proposal for use of Borough facilities
meets the requirements of the Borough's field use ordinance;
Regular Meeting of the Mayor and Council Page 21
April 18, 2023
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 Education
Foundation is hereby granted permission to use Borough facilities, Pulis Turf Baseball Fields, for
its fundraiser event to be held from 1:00 p.m. to 8:00 p.m. on May 13, 2023, subject to compliance
with all other Borough ordinance requirements as determined by the Community Director; and,
BE IT FINALLY RESOLVED that a copy of this resolution be forwarded to the Franklin Lakes
Education Foundation and the Community Director.
Resolution 131-23 Facilities Use Permit—Oasis —A Haven for Women and Children
WHEREAS, Oasis - A Haven for Women and Children has requested the use of the McBride
Field for its "Oktoberfest" Fundraiser from 5:00 p.m. to 11:30 p.m. on October 13, 2023; and,
WHEREAS, the Mayor and Council are satisfied that the proposal for use of Borough facilities
meets the requirements of the Borough's field use ordinance;
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 Oasis - A Haven for Women and
Children is hereby granted permission to use Borough facilities, McBride Field, for its
"Oktoberfest"Fundraiser from 5:00 p.m. to 11:30 p.m. on October 13,2023, subject to compliance
with all other Borough ordinance requirements as determined by the Community Director; and,
BE IT FINALLY RESOLVED that a copy of this resolution be forwarded to Oasis - A Haven
for Women and Children and the Community Director.
Resolution 132-23 Grievance Procedure under the Americans with Disabilities Act
BE IT RESOLVED by the Mayor and Council of the Borough of Franklin Lakes, County of
Bergen and State of New Jersey,that the following Grievance Procedure under the Americans with
Disabilities Act be and is hereby approved and adopted:
BOROUGH OF FRANKLIN LAKES
GRIEVANCE PROCEDURE UNDER THE AMERICANS WITH DISABILITIES ACT
This Grievance Procedure is established to meet the requirements of the Americans with
Disabilities Act of 1990 ("ADA"). It may be used by anyone who wishes to file a complaint
alleging discrimination on the basis of disability in the provision of services, activities, programs,
or benefits by the Borough of Franklin Lakes ("the Borough"). The Borough's Personnel Policies
and Procedures Manual governs employment-related complaints of disability discrimination.
The complaint should be in writing and contain information about the alleged discrimination such
as name, address, phone number of complainant and location, date, and description of the
problem. Alternative means of filing complaints, such as personal interviews or a tape recording
of the complaint, will be made available for persons with disabilities upon request.
Regular Meeting of the Mayor and Council Page 22
April 18, 2023
The complaint should be submitted by the grievant and/or his/her designee as soon as possible but
no later than 60 calendar days after the alleged violation to:
Borough's ADA Coordinator Garrett Goodman
480 DeKorte Drive, Franklin Lakes, New Jersey 07417
Within 15 calendar days after receipt of the complaint, the ADA Coordinator or his designee will
meet with the complainant to discuss the complaint and the possible resolutions. Within 15
calendar days of the meeting, the ADA Coordinator or his designee will respond in writing, and
where appropriate, in a format accessible to the complainant, such as large print, Braille, or audio
tape. The response will explain the position of the Borough and offer options for substantive
resolution of the complaint.
If the response by the ADA Coordinator or his designee does not satisfactorily resolve the issue,
the complainant and/or his/her designee may appeal the decision within 15 calendar days after
receipt of the response to the Borough Administrator or his/her designee.
Within 15 calendar days after receipt of the appeal,the Borough Administrator or his/her designee
will meet with the complainant to discuss the complaint and possible resolutions. Within 15
calendar days after the meeting, the Borough Administrator or his/her designee will respond in
writing, and, where appropriate, in a format accessible to the complainant, with a final resolution
of the complaint.
All written complaints received by the ADA Coordinator or his designee, appeals to the Borough
Administrator or his/her designee, and responses from these two offices will be retained by the
Borough for at least three years.
BE IT FINALLY RESOLVED that a copy of this resolution be forwarded to the Borough's
ADA Coordinator.
Resolution 133-23 Redeem Tax Lien Certificate—315 Freemans Lane
WHEREAS, at the Tax Sale held on October 22nd, 2021 the Borough of Franklin Lakes sold a tax
lien on Block 1110.05, Lot 28, known as 315 Freemans Lane, Franklin Lakes, NJ 07417, for
delinquent 2020 taxes, property owned by Lamki, Tariq; and,
WHEREAS, this Tax Lien Certificate 421-00001 was sold to Robert Rothman Pension Plan,
whose address is 411 Grand Avenue, Englewood, NJ 07631, at zero percent interest rate, and a
premium of$125,000.00; and,
WHEREAS, Town Title Agency, has redeemed Certificate 421-00001, in the amount of
$64,989.22, for the new home owner, Professional Government Associates, LLC;
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 of$189,989.22 to Robert Rothman
Pension Plan, whose address is 411 Grand Avenue, Englewood, NJ 07631.
Regular Meeting of the Mayor and Council Page 23
April 18, 2023
Principal $ 54,424.48
Redemption Penalty 951.48
Tax Penalty 2,168.75
Interest 7,377.51
Recording Fee 55.00
Other Fees 12.00
Redemption Total: $ 64,989.22
Plus Premium: $125,000.00
Grand Total: $189,989.22
Resolution 134-23 Professional Service Agreement—Tree Specialist
WHEREAS, the Borough of Franklin Lakes has a need for the provision of Tree Specialist
services as a non-fair and open contract pursuant to the provisions of N.J.S.A. 19:44A-20.5; and,
WHEREAS, the Borough Administrator has determined and certified in writing that the value of
the services will exceed $17,500.00; and,
WHEREAS, the anticipated term of this contract is from May 1, 2023 to April 30, 2024; and,
WHEREAS, ED Arborists and Foresters, located at 976 Old School House Road, Blairstown,
New Jersey 07825, has agreed to provide services as the Borough's Tree Specialist in accordance
with a proposed Agreement effective May 1, 2023, for the annual rate of$61,880, subject to the
terms and conditions set forth in the Agreement; and,
WHEREAS, ED Arborists and Foresters, prior to the effective date of the Agreement, will
complete and submit a Business Entity Disclosure Certification which certifies that ED Arborists
and Foresters has not made any reportable contributions to a political or candidate committee in
the Borough of Franklin Lakes in the previous one year, and that the contract will prohibit ED
Arborists and Foresters from making any reportable contributions through the term of the contract;
and,
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 authorizes
Mayor Charles J. X. Kahwaty to enter into a contract with ED Arborists and Foresters as described
herein; and,
BE IT FURTHER RESOLVED that the Chief Financial Officer has certified the availability of
funds for this purchase:
Account Name: Shade Tree/Contractual
Line Item No.: 3-01-26-313-029
Regular Meeting of the Mayor and Council Page 24
April 18, 2023
Certification of Funds:
William G. Pike, Chief Financial Officer
BE IT FURTHER RESOLVED that a portion of this contract is subject to the availability and
appropriation annually of sufficient funds in accordance with regulations requiring certification of
funds; and,
BE IT FURTHER RESOLVED that the Business Disclosure Entity Certification and the
Determination of Value be placed on file with this resolution; and,
BE IT FURTHER RESOLVED that a copy of this resolution shall be published as required by
law within ten days of its passage; and,
BE IT FINALLY RESOLVED that a copy of this resolution be forwarded to ED Arborists and
Foresters.
Resolution 135-23 Professional Service Agreement—Water Quality Management
WHEREAS, the Borough of Franklin Lakes has a need for Water Quality Management services
at Memorial Pond, Parsons Pond Park and the Franklin Lakes Nature Preserve in the Borough of
Franklin Lakes as a non-fair and open contract pursuant to the provisions of N.J.S.A. 19:44A-20.5;
and,
WHEREAS,the anticipated term of this contract is from June 1, 2023 to May 31, 2024; and,
WHEREAS, Aquatic Analysts, Inc., POB 66, Middleville, New Jersey 07855 has agreed to
provide Water Quality Management in accordance with proposals dated February 8, 13 and 16, for
the rates referenced therein, which are incorporated by reference herein, including the following:
• DEP permit fee for Nature Preserve and Parsons Pond Park $195.00 each
• Water quality monitoring at Nature Preserve $1,950.00
• Treatments at all three waterbodies if needed (upon authorization) Rates in proposals
NOW THEREFORE, BE IT RESOLVED that the Mayor and Council of the Borough of
Franklin Lakes, County of Bergen and State of New Jersey that the contract for Water Quality
Management services be and is hereby awarded to Aquatic Analysts, Inc., for the amounts set forth
in said proposals; and,
BE IT FURTHER RESOLVED that the Chief Financial Officer has certified the availability of
funds for these services:
Regular Meeting of the Mayor and Council Page 25
April 18, 2023
Account: Buildings & Grounds/Nature Preserve
Account Number: 3-01-26-310-276
Certification of Funds:
William G. Pike, Chief Financial Officer
BE IT FINALLY RESOLVED that a copy of this resolution be forwarded to Aquatic Analysts
and the Superintendent of Public Works.
Resolution 136-23 Compliance with EEOC Enforcement Guidance
WHEREAS, N.J.S.A. 40AA-5 as amended by P.L. 2017, c.183 requires the governing body of
each municipality and county to certify that their local unit's hiring practices comply with the
United States Equal Employment Opportunity Commission's "Enforcement Guidance on the
Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the
Civil Rights Act of 1964," as amended, 42 U.S.C. § 2000e et seq., (April 25, 2012) before
submitting its approved annual budget to the Division of Local Government Services in the
New Jersey Department of Community Affairs; and,
WHEREAS, the members of the governing body have familiarized themselves with the contents
of the above-referenced enforcement guidance and with their local unit's hiring practices as they
pertain to the consideration of an individual's criminal history, as evidenced by the group affidavit
form of the governing body attached hereto.
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 states that it has complied with
N.J.S.A. 40AA-5, as amended by P.L. 2017, c.183, by certifying that the local unit's hiring
practices comply with the above-referenced enforcement guidance and hereby directs the Clerk to
cause to be maintained and available for inspection a certified copy of this resolution and the
required affidavit to show evidence of said compliance.
Resolution 137-23 Waiver of Reading in Full the 2023 Budget
WHEREAS, N.J.S.A. 40AA-8 permits that the Budget as advertised may be read by its title
providing that at least one week prior to the date of the hearing a complete copy of the approved
budget shall:
a. Be posted in a public place where public notices are customarily posted including the
Borough website; and,
b. Is made available to each person requesting the same during the said week and during the
public hearing; and,
WHEREAS,the Borough of Franklin Lakes has complied with the aforesaid requirements.
Regular Meeting of the Mayor and Council Page 26
April 18, 2023
NOW, THEREFORE, BE IT RESOLVED, the Borough is hereby permitted to waive the
reading in full, of the Municipal Budget for the year ending December 31, 2023.
Respectfully submitted,
ai M. Rulli, Borough Clerk