HomeMy Public PortalAbout2023-07-06 Work Session Minutes Special/Work Session of the Mayor and Council
July 6, 2023
A regular meeting of the Mayor and Council was held at 7:30 PM on July 6, 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 Zoom), Councilmember
Cardenas, Councilmember Kelly, Councilmember Lambrix, Councilmember Sheppard, Deputy
Borough Administrator Sidoti, Borough Attorney Smith, and Borough Clerk Rulli. Borough
Administrator Hart was absent.
Sunshine Law Statement:
The Borough Clerk read the Sunshine Law Statement: In compliance with the Open Public
Meetings Law, notification of this meeting has been sent to our official newspapers, notice has
been posted on the Borough website and on the Bulletin Board at Borough Hall.
Flay Salute
Moment of Silent Appreciation to Our Veterans
Appointments
• DPW Seasonal Maintenance Worker—Matthew Pezzuti
• Temporary Part-Time Construction Assistant—Vincent Cervino
Motion made by Councilmember Kelly to make the above-mentioned appointments, seconded by
Councilmember Cardenas.
Roll Call Vote:
Ayes: Ansh, Bonagura, Cardenas, Kelly, Lambrix, Sheppard
Nays:
Abstain:
Absent:
Motion Approved
Ordinances for Final Reading and Adoption
Councilmember Sheppard stated that based on advice of legal Counsel, he has been asked to
adjourn Ordinance 1911R to the next Mayor and Council meeting.
Motion by Councilmember Sheppard to carry to July 18, 2023, seconded by Council President
Bonagura.
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July 6, 2023
The Borough Clerk read the Ordinance by title only.
ORDINANCE NO. 1911R
AN ORDINANCE AMENDING PROVISIONS OF CHAPTER 300 "LAND USE AND
DEVELOPMENT" OF THE CODE OF THE BOROUGH OF FRANKLIN LAKES TO
ESTABLISH A MIXED-USE 1 DISTRICT IN THE BOROUGH OF FRANKLIN LAKES
Motion to open the hearing to the public was made by Councilmember Lambrix, seconded by
Councilmember Kelly.
John Caplan, Attorney with Herold Law on behalf of Franklin Lakes Residents for Responsible
Development, asked the Clerk if the protest petition was received. Ms. Rulli confirmed it was.
Mr. Caplan objected to the date of hearing due to July 6 being a holiday week, alleged that the
notices to homeowners and public were deficient and not legally sufficient, outlined issues with
the notices, and objected to the warehouses.
Laurie Burnette,746 Lawlins Road, stated the July 6 scheduling date is a waste of everyone's time.
Jason Hupp, 832 Stonewall Court, concurred with Mr. Caplan's comments, stated it is
inappropriate to wedge warehouses in a residential space, spoke about warehouse development,
and implored the Council to find an alternative.
Mike Guttuso, 168 Birch Road, introduced himself as a resident and a small developer involved
with three Mt. Laurel cases. He stated he has never seen a development process go so quickly,
spoke about the settlement agreement, the lawsuit, and cited issues with warehouses. He asked
the Council to do the right thing for the people and fight the developer.
Tim Shanley, Wyckoff Councilman, stated as a bordering town, neighbors in other towns are
affected in the same way as the residents. He stated he lives less than 1/z mile from the proposed
site, cited issues with warehouses, tractor trailers and pollution in Wyckoff, and asked the Council
to go back to the planning stage. He congratulated Ms. Kelly on winning the recent election.
Sue Barbuto, 1 Deer Trail, asked why the ordinance is being postponed, stated she drove from
Vermont to be here, and feels Council is giving more deference to Hekemian than to the residents.
Mayor Kahwaty stated there are continued discussions with the developer and on the advice of the
Borough Attorney, it was suggested the ordinance be carried as it is in Fair Share Housing court
and will most likely change. Mayor Kahwaty stated that the court hearing on August 24, 2023 is
a deadline for all parties. He stated the Council is receptive to hearing the public's opinions and
the Council is not insensitive to them.
Nelson Winokur, 665 Franklin Avenue, stated he lives at the busiest intersection in the Borough
and discussed three accidents that occurred there. He asked everyone to be aware of how adding
tractor trailers to a very dangerous intersection will affect everyone.
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July 6, 2023
Karl Schoenknecht, 683 Summit Avenue, spoke about the need for senior housing in town, stated
schools would not be affected by it, and feels it would benefit most people from town.
Ann Swist, 809 Iron Latch Road, spoke against the warehouses, suggested working with the
developer to do 55 and older housing, spoke about the Toll Brothers development, suggested
building town houses for sale, not rent; and spoke about setting aside housing for seniors and
veterans.
Rick Capozzi, 193 Woodside Avenue, stated he agrees with the others who spoke. He stated all
of Franklin Lakes is opposed the 600+ houses, and residents don't have an issue with the
warehouse because it doesn't affect schools and emergency services. He stated that whoever
agrees with warehouses is naive not to see how the truck traffic will affect the Borough. He stated
this issue has caused a tremendous amount of stress on residents and this is a defining moment for
Franklin Lakes.
Sally Teschon, 323 Lenape Drive, spoke about her history of living in town, issues with PSE&G
trucks and traffic. She stated the Council has handled everything well at Old Mill Road, and
mentioned examples of posting signs, bike paths, the dog park, and special needs school, and
COVID. She asked; "With regard to this development, what the heck were you thinking?"
Motion to close the time for public comment was made by Councilmember Kelly, seconded by
Councilmember Sheppard. On voice vote, all in favor.
Mr. Smith stated he anticipates the Borough will not be in a position to consider the ordinance on
July 18 and asked if the Council would give the Clerk the authority to notice the public if the
ordinance will be adjourned. Mr. Smith stated it is likely the ordinance will not go forward in its
current format. Discussion continued on the process, meeting dates, and noticing the public.
Motion amended by Councilmember Sheppard to carry Ordinance 1911R to July 18 and give the
Clerk the authority to provide proper notice if not proceeding on that date, seconded by
Councilmember Kelly.
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 Lambrix, seconded by
Councilmember Kelly. On voice vote, all in favor.
No one from the public came forward at this time.
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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
Mr. Boswell reported on the road program's award and preconstruction meeting, reported that a
grant application has been put together for paving Hampton Hill Road and Terrace Road, and that
they are working with the Building Department on numerous items around town. Following
discussion, Mr. Boswell is to follow up with PSE&G on the post installation restoration of the new
gas main and coordinate with the Police Department, and look into the Olentangy Road Project.
Mr. Boswell reported that the Downtown Improvements Committee provided some ideas to
Boswell Engineering, who will prepare several options and have Sergeant Knubel advise which
plan makes the most sense. Councilmember Lambrix clarified this would be a Committee meeting.
Councilmember Kelly clarified it will come before the Mayor and Council prior to a final decision.
Consent Agenda Resolution 195-23
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 196-23 Accept Report of Finance Committee
Resolution 197-23 Cancel Contract- 2023 Ford F-550 Truck
Resolution 198-23 Chapter 159—National Opioids Settlement FD Trust
Resolution 199-23 Settlement of Tax Appeal - 193 Birch Road
Resolution 200-23 Tax Exemption - 623 Franklin Lake Road
Resolution read and introduced by Council President Bonagura, seconded by Councilmember
Lambrix.
Roll Call Vote:
Ayes: Ansh, Bonagura, Cardenas, Kelly, Lambrix, Sheppard
Nays:
Abstain:
Absent:
Motion Approved
Mayors Report
Mayor Kahwaty had no report.
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July 6, 2023
Committee/Liaison Reports
Administration and Finance
Councilmember Lambrix had no report.
Public Works
Councilmember Kelly had no report.
Parks and Recreation
• Franklin Lakes Football Booster Club
Councilmember Ansh reported on the status of the various teams; and reported on upcoming
events, including the 9/11 Memorial, Charlie Landers events, and the Mayors Wellness campaign.
He stated the Booster Club is looking for permission to use the Franklin Lakes logo for
merchandising. After discussion, the Mayor and Council agreed to approve the usage with
oversight by resolution at the next council meeting.
Mayor Kahwaty asked for a motion at this time. Motion to approve the use of the Franklin Lakes
War Eagle logo subject to oversight and revocation made by Councilmember Ansh, seconded by
Councilmember Kelly.
Roll Call Vote:
Ayes: Ansh, Bonagura, Cardenas, Kelly, Lambrix, Sheppard
Nays:
Abstain:
Absent:
Motion Approved
Environmental & Community Affairs/Library
Councilmember Cardenas reported at the last Shade Tree Commission meeting discussion was
held on tree ordinance violations, impact of the new ordinance, and work on an updated tree
replacement list. She reported the Ramapo Indian Hills Board of Education met twice since her
last report; their legal counsel resigned effective July 11 because they witnessed board members
weaponizing their legal advice against one another and the Board hired new legal counsel, Porzio,
Bromberg &Newman; two baseball coaches who were suspended have been re-instated; and one
of the ethics complaints against Board President Judy Sullivan was dismissed by the NJ School
Ethics Commission.
Councilmember Cardenas reported the Library Board are in the process of reviewing five Director
candidates, reviewing plans with the Borough for a front patio, received approval for HVAC
upgrades which will be subsidized by PSE&G, and are introducing new products for residents
including museum passes and virtual reality programs for the Middle School. The Environmental
Commission met and wanted to hear Councilmember Sheppard's professional planning and
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July 6, 2023
building opinion on the rezoning of the Cigna property and he attended in her place. They
discussed responsibilities of the Community Garden, and she reported on the sales of composters
and actions to boost interest in the composting process. Mahima Shah is interning on the
Borough's ongoing work for its next certification for Sustainable Jersey. She reported on the
Commission's movie night, and stated the Commission thanked this year's President of Ramapo
High School Environmental Club and school representative, Erin Freeman, for her work and
dedication.
Addressing Councilmember Cardenas, Councilmember Sheppard stated he listened to the meeting
of the Board of Ed and at no time did he hear anyone speak to weaponization as the reason for the
resignation in the meeting. Councilmember Cardenas responded that it was in a letter provided at
the meeting, and she would provide a copy.
Councilmember Sheppard reported that the Economic Development Committee had a lot of
questions regarding the Cigna property and the environmental impact. They came to a conclusion
of what we as a Board would be bound to do and what the developer would do, and they are pleased
with what the town is doing with the tree ordinance.
Public Safety
Council President Bonagura had no report.
Planning and Development
• Downtown Improvements
• Opposition to NJ Assembly Bill A-4376
Mayor Kahwaty stated Downtown Improvements has been discussed. Councilmember Sheppard
stated we are opposing a-4376 because it usurps municipal authority in regard to 5G.
Borough Administrator's Report
Mr. Hart was absent and no report provided.
Old Business
Discussion ensued on how the tree ordinance was being distributed to tree contractors.
Councilmember Lambrix asked Deputy Administrator Sidoti to follow up.
New Business
None
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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 Thursday, July 6, 2023 which
begins at 7:30 PM, in the Council Chambers at the Municipal Building to discuss the following:
• Contractual—Shared Services for School Resource Officer
• Pending Litigation—Cigna Property
• Contractual—Hovnanian Sewers
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 8:46 PM by Councilmember Lambrix, seconded by
Council President Bonagura. On voice vote, all in favor.
The Mayor and Council returned to open session at 9:33 PM.
Adiournment
Motion to adjourn the meeting was made at 9:34 PM by Councilmember Kelly, seconded by
Council President Bonagura. On voice vote, all in favor.
Resolution 196-23 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$5,139,877.76 as shown on the Claims Bill List; $10,595.50 as
shown on the Soil Account Bill List; and $276.00 as shown on the Developers Escrow List.
BE IT FURTHER RESOLVED, that the payroll of June 22, 2023 in the amount of$346,371.21
and the payroll of July 6, 2023 in the amount of$262,509.55 be hereby ratified and approved.
Resolution 197-23 Cancel Contract—2023 Ford F-550 Truck
WHEREAS, by Resolution No. 289-22, adopted on November 1, 2022, the Mayor and Council
awarded a contract for the purchase of a 2023 Ford F-550 to Route 23 Auto Mall, 1301 Route
23 South, Butler, New Jersey 07405, for the proposal amount of$64,935.00; and,
WHEREAS,the Mayor and Council are desirous of canceling said contract; and,
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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. 289-22 awarding
a contract for the purchase of a 2023 Ford F-550 be and is hereby canceled;
BE IT FINALLY RESOLVED that a copy of this resolution be forwarded to Route 23 Auto
Mall, the Superintendent of Public Works and the Chief Financial Officer.
Resolution 198-23 Chapter 159 —National Opioids Settlement FD Trust
WHEREAS, N.J.S. 40AA-87 provides that the Director of the Division of Local Government
Services may approve the insertion of any special item of revenue in the budget of any county or
municipality when such item shall have been made available by law and the amount thereof was
not determined at the time of the adoption of the budget; and,
WHEREAS, the Director may also approve the insertion of an item of appropriation for an equal
amount; and,
WHEREAS, the Borough of Franklin Lakes has received $1,872.85 from National Opioids
Settlement FD Trust and wishes to amend its 2023 Budget to include said amount as a revenue;
NOW THEREFORE, BE IT RESOLVED by the Mayor and Borough Council of the Borough
of Franklin Lakes, that permission be requested by the Director of the Division of Local
Government Services to approve the insertion of an item of revenue in the 2023 Budget in the sum
of$1,872.85 which will be available as a revenue from:
Miscellaneous Revenues:
Public and Private Programs Offset by Appropriations:
National Opioids Settlement FD Trust $1,872.85
BE IT FURTHER RESOLVED that a sum of $1,872.85 and the same is hereby appropriated
under the caption of:
General Appropriations:
(a) Operations Excluded from "CAPS":
Public and Private Programs Offset by Revenues:
National Opioids Settlement FD Trust $1,872.85
BE IT FURTHER RESOLVED that the Chief Financial Officer will file this resolution and
accompanying documents electronically with the Director of Local Government Services.
Resolution 199-23 Settlement of Tax Appeal—193 Birch Road
Block: 2711
Lot: 8
Street Address: 193 Birch Road
Owner: Pat and Anna Faustini
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WHEREAS, an appeal of the tax assessment for the year(s) 2020 and 2023 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: 2020 Original Assessment Tax Court Judgment
Land $ 555,000 $ 555,000
Improvements $1,903,000 $1,855,000
Total $2,458,000 $2,410,000
Tax Year: 2023 Original Assessment Tax Court Judgment
Land $ 555,000 $ 555,000
Improvements $1,903,000 $1,770,000
Total $2,458,000 $2,325,000
Resolution 200-23 Tax Exemption - 623 Franklin Lake Road
WHEREAS, Paul Miles, who resides at 623 Franklin Lake Road, Franklin Lakes, New Jersey,
also known as Block 3304, Lot 7,was granted a 100%permanent disability resulting from service-
connected injuries as declared by the United States Veteran's Administration pursuant to N.J.S.A.
54:04-03.30, which grants total exemption from local property taxes; and,
WHEREAS, Tax Collector Meena Sivakumar received notification of permanent disability from
the Tax Assessor to be retroactive to June 6, 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 Tax Collector is hereby
authorized and directed to refund the 24 days pro-rated property taxes paid for the 2nd Quarter 2023
taxes in the amount of$607.20 to Mr. Miles, and to cancel all future tax bills to this property.
Respectfully submitted,
—(/2. e
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i M. Rulli, Borough Clerk