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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. Special/Work Session of the Mayor and Council Page 2 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. Special/Work Session of the Mayor and Council Page 3 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. Special/Work Session of the Mayor and Council Page 4 July 6, 2023 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. Special/Work Session of the Mayor and Council Page S 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 Special/Work Session of the Mayor and Council Page 6 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 Special/Work Session of the Mayor and Council Page 7 July 6, 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 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, Special/Work Session of the Mayor and Council Page 8 July 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 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 Special/Work Session of the Mayor and Council Page 9 July 6, 2023 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 T i�- i M. Rulli, Borough Clerk