HomeMy Public PortalAbout2023-07-18 Regular Minutes Regular Meeting of the Mayor and Council
July 18, 2023
A regular meeting of the Mayor and Council was held at 7:30 PM on July 18, 2023, in the
Municipal Building.
Meeting Called to Order
Roll Call
The following Council Members and Professional Staff responded to the roll call:
Mayor Kahwaty, Councilmember Ansh, Council President Bonagura, Councilmember Cardenas,
Councilmember Kelly, Councilmember 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.
Flat Salute
Moment of Silent Appreciation to Our Veterans
Ordinances for Final Reading and Adoption
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 made by Councilmember Sheppard to carry Ordinance 1911R to August 15, 2023,
seconded by Councilmember Kelly.
Roll Call:
Ayes: Ansh, Bonagura, Cardenas, Kelly, Lambrix, Sheppard
Nays:
Abstain:
Absent:
Motion Approved
Motion made by Councilmember Lambrix to take up Ordinance 1920 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.
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July 18, 2023 Minutes
The Borough Clerk read the Ordinance by title only.
ORDINANCE NO. 1920
AN ORDINANCE SUPPLEMENTING CHAPTER 157 "ANIMALS"
OF THE CODE OF THE BOROUGH OF FRANKLIN LAKES TO
DELETE REFERENCE TO BERGEN COUNTY ANIMAL SHELTER
Motion to open the hearing to the public was made by Councilmember Sheppard, seconded by
Councilmember Lambrix. 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 Sheppard, seconded by
Councilmember Lambrix. On voice vote, all in favor.
WHEREAS, Ordinance 1920 was introduced at a meeting of the Mayor and Council held on the
20'h day of June, 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. 1920 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.
Discussion—none.
Roll Call:
Ayes: Ansh, Bonagura, Cardenas, Kelly, Lambrix, Sheppard
Nays:
Abstain:
Absent:
Motion Approved
Motion made by Councilmember Lambrix to take up Ordinance 1921 for consideration of adoption
on second and final reading, and direct the Borough Clerk to read by title, seconded by
Councilmember Sheppard. On voice vote, all in favor.
The Borough Clerk read the Ordinance by title only.
ORDINANCE NO. 1921
AN ORDINANCE AUTHORIZING AND PROVIDING FOR CERTAIN PARK
IMPROVEMENTS AND APPROPRIATING $150,400.00 FOR SAID
IMPROVEMENTS AUTHORIZED TO BE UNDERTAKEN IN, BY AND FOR
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July 18, 2023 Minutes
THE BOROUGH OF FRANKLIN LAKES, IN THE COUNTY OF BERGEN,
NEW JERSEY
Motion to open the hearing to the public was made by Councilmember Ansh, seconded by
Councilmember Sheppard. 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 1921 was introduced at a meeting of the Mayor and Council held on the
20'h day of June, 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. 1921 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 Ansh, seconded by Councilmember Kelly.
Discussion—None.
Roll Call:
Ayes: Ansh, Bonagura, Cardenas, Kelly, Lambrix, Sheppard
Nays:
Abstain:
Absent:
Motion Approved
Motion made by Council President Bonagura to take up Ordinance 1922 for consideration of
adoption on second and final reading, and direct the Borough Clerk to read by title, seconded by
Councilmember Lambrix. On voice vote, all in favor.
The Borough Clerk read the Ordinance by title only.
ORDINANCE NO. 1922
A BOND ORDINANCE AUTHORIZING PURCHASE OF FIRE APPARATUS
BY AND FOR THE BOROUGH OF FRANKLIN LAKES,IN THE COUNTY OF BERGEN,
NEW JERSEY,APPROPRIATING AN AGGREGATE AMOUNT OF$1,690,000
THEREFOR AND AUTHORIZING THE ISSUANCE OF NOT EXCEEDING$1,590,000
IN AGGREGATE PRINCIPAL AMOUNT OF BONDS OR NOTES
TO FINANCE PART OF THE COST THEREOF.
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July 18, 2023 Minutes
Motion to open the hearing to the public was made by Councilmember Kelly, seconded by
Councilmember Lambrix. On voice vote, all in favor.
No one from the public came forward at this time.
Motion to close the hearing to the public was made by Councilmember Kelly, seconded by
Councilmember Lambrix. On voice vote, all in favor.
WHEREAS, Ordinance 1922 was introduced at a meeting of the Mayor and Council held on the
20'h day of June, 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. 1922 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 Council President Bonagura, seconded by Councilmember
Kelly. Discussion—none.
Roll Call:
Ayes: Ansh, Bonagura, Cardenas, Kelly, Lambrix, Sheppard
Nays:
Abstain:
Absent:
Motion Approved
Motion made by Councilmember Kelly to take up Ordinance 1923 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. 1923
AN ORDINANCE SUPPLEMENTING CHAPTER 470
"VEHICLES AND TRAFFIC" OF THE CODE OF THE
BOROUGH OF FRANKLIN LAKES TO PROHIBIT PARKING
ON PORTIONS OF ASPEN WAY, LINDEN WAY AND PULIS AVENUE
Motion to open the hearing to the public was made by Councilmember Kelly, seconded by
Councilmember Ansh. On voice vote, all in favor.
No one from the public came forward at this time.
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July 18, 2023 Minutes
Motion to close the hearing to the public was made by Councilmember Kelly, seconded by
Lambrix. On voice vote, all in favor.
WHEREAS, Ordinance 1923 was introduced at a meeting of the Mayor and Council held on the
20'h day of June, 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. 1923 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 Council President Bonagura, seconded by Councilmember
Kelly. Discussion—none.
Roll Call:
Ayes: Ansh, Bonagura, Cardenas, Kelly, Lambrix, Sheppard
Nays:
Abstain:
Absent:
Motion Approved
Motion made by Council President Bonagura to take up Ordinance 1924 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. 1924
AN ORDINANCE AUTHORIZING AND PROVIDING FOR CERTAIN REPAIRS
AND IMPROVEMENTS TO THE PARSONS POND PARK MULTIPURPOSE
BUILDING AND APPROPRIATING $96,000.00 FOR SAID REPAIRS AND
IMPROVEMENTS AUTHORIZED TO BE UNDERTAKEN IN, BY AND FOR
THE BOROUGH OF FRANKLIN LAKES, IN THE COUNTY OF BERGEN,
NEW JERSEY
Motion to open the hearing to the public was made by Councilmember Lambrix, 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 Sheppard, seconded by
Council President Bonagura. On voice vote, all in favor.
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July 18, 2023 Minutes
WHEREAS, Ordinance 1924 was introduced at a meeting of the Mayor and Council held on the
20'h day of June, 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. 1924 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 Ansh, seconded by Council President
Bonagura. Discussion—none.
Roll Call:
Ayes: Ansh, Bonagura, Cardenas, Kelly, Lambrix, Sheppard
Nays:
Abstain:
Absent:
Motion Approved
Motion made by Councilmember Kelly to take up Ordinance 1925 for consideration of adoption
on second and final reading, and direct the Borough Clerk to read by title, seconded by
Councilmember Lambrix. On voice vote, all in favor.
The Borough Clerk read the Ordinance by title only.
2023 SALARY ORDINANCE AMENDMENT
ORDINANCE NO. 1925
AN ORDINANCE AMENDING ORDINANCE NO. 1902 ENTITLED
"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" TO ADD STIPEND
FOR CERTIFIED LEAD INSPECTOR/RISK ASSESSOR
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 Lambrix, seconded by
Councilmember Kelly. On voice vote, all in favor.
WHEREAS, Ordinance 1925 was introduced at a meeting of the Mayor and Council held on the
20'h day of June, 2023 and duly published by law;
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July 18, 2023 Minutes
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. 1925 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:
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 Cardenas, seconded by
Councilmember Kelly. On voice vote, all in favor.
Michael Guttuso, 168 Birch Road, stated he appreciates the opportunity to speak to the Council
and their efforts regarding the Cigna property ordinance. He asked questions relating to the McCoy
Road property affordable housing units.
In response, Mr. Smith stated that as part of its settlement the Borough agreed to find property and
build 55 units. He provided background and stated the Borough was subsequently unable to build
due to engineering issues. Mr. Guttuso clarified that the new property met the required number of
units, and thanked the Council for paving Woodside.
Laurie Burnette, 746 Lawlins Road, stated PSE&G released news that the gas lines were almost
completed, and inquired about paving the area. She stated she left a message at PSE&G,but hasn't
heard back.
Motion to close the time for public comment was made by Councilmember Kelly, seconded by
Councilmember Cardenas. On voice vote, all in favor.
Consent Agenda Resolution 201-23
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 202-23 Accept Report of Finance Committee
Resolution 203-23 Accept 2022 Audit Report
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July 18, 2023 Minutes
Resolution 204-23 Accept and Approve 2022 Audit Report Corrective Action Plan
Resolution 205-23 Approve Franklin Lakes Football Booster Club Concession Request
Resolution 206-23 Oppose Telecommunications Facilities Legislation Assembly Bill A-4376
Resolution read and introduced by Council President Bonagura, seconded by Councilmember
Cardenas.
Roll Call:
Ayes: Ansh, Bonagura, Cardenas, Kelly, Lambrix, Sheppard
Nays:
Abstain:
Absent:
Motion Approved
Action on Minutes
June 8, 2023 Work Session
June 8, 2023 Closed Session
June 20, 2023 Regular
June 20, 2023 Closed Session
Motion to accept the minutes was made by Councilmember Ansh, and seconded by
Councilmember Sheppard.
Roll Call:
Ayes: Ansh, Bonagura, Cardenas, Kelly, Lambrix, Sheppard
Nays:
Abstain:
Absent:
Motion Approved
Old Business
Councilmember Cardenas stated at the July 6 Council meeting, Councilmember Sheppard
questioned the accuracy of her liaison report. She handed out a letter dated May 12, 2023 from
Busch Law Group to the Board of Education Board President and Superintendent, and asked for
everyone turn to the first paragraph on page 2. Councilmember Sheppard thanked her and
discussion was held on the content of the letter. Mayor Kahwaty thanked the Councilpersons for
their comments and the information.
New Business
Mayor Kahwaty reported that he attended a picnic with County Executive Tedesco and the regional
Mayors. The deer issue was discussed, and Executive Tedesco said it's a very difficult and
common situation, spoke about various methods, all with unsatisfactory results, and stated the only
long term solution is a State wide issue, and study at the County level will continue.
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July 18, 2023 Minutes
Councilmember Ansh stated Bergen County is the only county that does not have Wildlife
Management.
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, July 18, 2023 which
begins at 7:30 PM, in the Council Chambers at the Municipal Building to discuss the following:
• Pending Litigation—Cigna Property
Contractual—Hovnanian Sewers
• Attorney-Client Privilege—Urban Farms Liquor License
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 7:56 PM by Council President Bonagura, seconded
by Councilmember Kelly. On voice vote, all in favor.
The Mayor and Council returned to open session at 8:45 PM.
Adiournment
Motion to adjourn the meeting was made at 8:46 PM by Councilmember Kelly, seconded by
Council President Bonagura. On voice vote, all in favor.
Resolution 202-23 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$375,311.65 as shown on the Claims Bill List; $14,984.00 as
shown on the Soil Account Bill List; and $2,795.00 as shown on the Developers Escrow List.
BE IT FURTHER RESOLVED, that the payroll of July 20, 2023 in the amount of$315,177.11
be hereby ratified and approved.
Resolution 203-23 Accept 2022 Audit Report - Certification of Annual Audit
WHEREAS, N.J.S.A. 40A: 5-4 requires the Governing Body of every local unit to have made an
annual audit of its books, accounts and financial transactions, and,
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July 18, 2023 Minutes
WHEREAS, the Annual Report of Audit for the year 2022 has been filed by a Registered
Municipal Accountant with the Municipal Clerk pursuant to N.J.S.A. 40A: 5-6, and a copy has
been received by each member of the Governing Body; and,
WHEREAS, R.S. 52:27BB-34 authorizes the Local Finance Board of the State of New Jersey to
prescribe reports pertaining to the local fiscal affairs; and,
WHEREAS, the Local Finance Board has promulgated N.J.A.C. 5:30-6.5, a regulation requiring
that the Governing Body of each municipality shall, by resolution, certify to the Local Finance
Board of the State of New Jersey that all members of the Governing Body have reviewed, as a
minimum, the sections of the annual audit entitled "Comments and Recommendations"; and,
WHEREAS, the members of the Governing Body have personally reviewed, as a minimum, the
Annual Report of Audit, and specifically the sections of the Annual Audit entitled"Comments and
Recommendations", as evidenced by the group affidavit form of the Governing Body attached
hereto; and,
WHEREAS, such resolution of certification shall be adopted by the Governing Body no later than
forty-five days after the receipt of the annual audit, pursuant to N.J.A.C. 5:30-6.5; and,
WHEREAS, all members of the Governing Body have received and have familiarized themselves
with, at least, the minimum requirements of the Local Finance Board of the State of New Jersey,
as stated aforesaid and have subscribed to the affidavit, as provided by the Local Finance Board;
and,
WHEREAS, failure to comply with the regulations of the Local Finance Board of the State of
New Jersey may subject the members of the local Governing Body to the penalty provisions of R.S.
52:27BB-52, to wit:
R.S. 52:27BB-52: A local officer or member of a local governing body who, after a date fixed for
compliance, fails or refuses to obey an order of the director (Director of Local Government
Services), under the provisions of this Article, shall be guilty of a misdemeanor and, upon con-
viction, may be fined not more than one thousand dollars ($1,000.00) or imprisoned for not more
than one year, or both, in addition shall forfeit his office.
NOW, THEREFORE BE IT RESOLVED, that the Mayor and Council of the Borough of
Franklin Lakes, hereby states that it has complied with N.J.A.C. 5:30-6.5 and does hereby submit
a certified copy of this resolution and the required affidavit to said Board to show evidence of said
compliance.
Resolution 204-23 Accept and Approve 2022 Audit Report Corrective Action Plan
BE IT RESOLVED, by the Mayor and Council of the Borough of Franklin Lakes, County of
Bergen, that the Mayor and Council accepts and approves the corrective action plan for the 2022
Audit as submitted by the Chief Financial Officer; and,
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July 18, 2023 Minutes
BE IT FURTHER RESOLVED, that a certified copy of this resolution and a copy of the
corrective action plan be submitted to the Division of Local Government Services by the
Borough Clerk.
Resolution 205-23 Approve Franklin Lakes Football Booster Club Concession Request
WHEREAS, the Franklin Lakes Football Booster Club, a non-profit organization formed
for the purpose of supporting the Franklin Lakes football and cheerleading programs, by letter
from its President, Jim Van Orden, has requested permission from the Mayor and Council of the
Borough of Franklin Lakes to operate a concession for the sale of Franklin Lakes branded
merchandise and for the use of the Franklin Lakes War Eagle logo for promotional materials during
the 2023 year;
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 Franklin Lakes Football Booster
Club is hereby permitted to operate a concession for the sale of Franklin Lakes branded
merchandise and for the use of the Franklin Lakes War Eagle logo for promotional materials during
the 2023 year; and,
BE IT FINALLY RESOLVED that a copy of this resolution be forwarded to the Franklin
Lakes Football Booster Club and the Community Director.
Resolution 206-23 Oppose Telecommunications Facilities Legislation Assembly Bill A-4376
A RESOLUTION EXPRESSING MUNICIPAL OPPOSITION TO NEW JERSEY
GENERAL ASSEMBLY BILL A-4376, A BILL WHICH WOULD IMPOSE
UNCONSCIONABLE RESTRICTIONS ON A LOCAL MUNICIPALITY'S RIGHT AND
ABILITY TO MANAGE LAND USE ON PUBLIC AND PRIVATE LAND AS WELL AS
WITHIN THE PUBLIC RIGHTS-OF-WAY IN REGARD TO THE DEPLOYMENT AND
MODIFICATION OF TELECOMMUNICATIONS FACILITIES
WHEREAS, pursuant to the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.), the Home
Rule Act, as well as sections 253 and 332 of the federal Telecommunications Act(47 U.S.C. 253;
332(c)(7)), and a local jurisdiction's police powers, as established by law, regulation and custom,
a municipality retains the right and authority to establish reasonable regulations concerning the
placement, installation and alteration of telecommunications facilities; and,
WHEREAS, the Borough of Franklin Lakes ("Municipality") desires to retain these rights and
authorities, consistent with state and federal laws, and which allow it to, among other things,
establish regulations regarding the placement and alteration of telecommunications facilities which
encourage judicious siting of said facilities in order to minimize the total number of facilities
throughout the Municipality and which encourage collocation when possible, and which help to
minimize the adverse visual impact of said facilities via careful design, landscaping and screening
techniques, on the aesthetic character of the Municipality; and,
WHEREAS, on February 8, 1996, the federal government adopted the Telecommunications Act
which, among other things, preserves a local government's authority over the "placement
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July 18, 2023 Minutes
construction and modification of personal wireless service facilities" (47 U.S.C. §332(c)(7)(A))
while, at the same time, making it unlawful for a local government to prohibit or have the effect
of prohibiting the provisions of personal wireless service (47 U.S.C. 332(c)(7)(B)(i)(II)), and
provides that local government "shall not unreasonably discriminate among providers of
functionally equivalent services" (47 U.S.C. §332(c)(7)(B)(i)(I)); and,
WHEREAS, on November 18, 2009,the Federal Communications Commission("FCC") adopted
a declaratory ruling at Docket WT Docket No. 08-165 titled "Petition for Declaratory Ruling to
Clarify Provisions of Section 332(c)(7)(B)to Ensure Timely Siting Review and to Preempt Under
Section 253 State and Local Ordinances that Classify All Wireless Siting Proposals as Requiring
a Variance" in regard to the provisions of the Telecommunications Act which require the timely
siting, by establishing 90 and 150 day shot clock timeframe provisions for wireless siting
applications; and,
WHEREAS, on February 22, 2012, the federal government adopted the Middle Class Tax Relief
and Job Creation Act which, among other things, contains provisions designed to improve and
expedite wireless siting applications by specifying that eligible facilities requests which do not
substantially increase the size of an existing tower or base station must be approved by local
governments, with this subset of telecommunications provisions becoming subsequently known
as the Spectrum Act; and,
WHEREAS, on January 17, 2012, the State of New Jersey adopted the New Jersey Collocation
Law (N.J.S.A. 40:55D-46.2), which specifies, among other things, that site plan review may not
be required if a proposed modification does not result in an area greater than 2,500 square feet for
a wireless communications compound; and,
WHEREAS, on October 17, 2014, the FCC adopted a Report and Order (the "Infrastructure
Order") at WT Docket No. 13-238 titled "Acceleration of Broadband Deployment by Improving
Wireless Facilities Siting Policies", which clarified the provisions of the Spectrum Act by
describing the types of modifications to wireless facilities which constitute an Eligible Facilities
Request, as the term is used in the Spectrum Act, including that a modification may not increase
the height of a facility by more than 10% of its existing height; and,
WHEREAS, on June 9, 2020, the FCC adopted a Declaratory Ruling and Notice of Proposed
Rulemaking at WT Docket No. 19-250 titled "Implementation of State and Local Governments'
Obligation to Approve Certain Wireless Facility Modification Requests Under Section 6409(a) of
the Spectrum Act of 2012" in order to further clarify the provisions of the Spectrum Act in regards
to what type of modification constitutes an Eligible Facilities Request, including specifying which
modifications do not defeat the originally intended concealment elements of an existing facility,
when the FCC mandated 90 and 150 day shot clocks commence and permitted height increases for
towers outside the public right-of-way; and,
WHEREAS, on October 27, 2020, the FCC adopted a Report and Order at WT Docket No. 19-
25E titled "Implementation of State and Local Governments' Obligation to Approve Certain
Wireless Facility Modification Requests Under Section 6409(a) of the Spectrum Act of 2012" in
order to further clarify the provisions of the Spectrum Act by specifying the extent to which an
Eligible Facilities Request to modify an existing wireless may expand said facility in size and
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July 18, 2023 Minutes
dimensions, including that an existing facility may be expanded by up to 30 feet in any one
direction; and,
WHEREAS, on September 26, 2018, the FCC adopted an order entitled "Accelerating Wireless
Broadband Deployment by Removing Barriers to Infrastructure Investment," (FCC-18-133A or
the"Small Cell Order"),which was upheld for the most part by the Ninth Circuit Court of Appeals
on August 12, 2020, concerning City of Portland et al. vs. the FCC; and,
WHEREAS, the Small Cell Order places 60 and 90 day shot clock time limits on the municipal
decision making process for applications for the placement of small wireless facilities, the
replacement of existing poles and the placement of new poles in the public right-of-way; and,
WHEREAS, on June 27, 2022, A-4376 was introduced and sponsored by Carol A. Murphy of the
7th legislative district with said bill, among other things, intending to combine aspects of the
above-referenced FCC rulings regarding the Telecommunications Act,the Spectrum Act and small
wireless facilities in the public right-of-way, while also going well above and beyond said rulings
in regard to its intention to preempt a local jurisdiction's right and authority to manage its territory
and rights-of-way; and,
WHEREAS, on June 5, 2023, the Assembly Telecommunications and Utilities Committee
amended and favorably reported A-4376; and,
WHEREAS, if adopted, A-4376 would expand the existing preemption framework of the state
and federal government by, among other things, accelerating review timeframes and precluding
discretionary land use review for most new antenna installations on buildings and structures not
previously approved for use for telecommunications facilities; and,
WHEREAS, per A-4376, discretionary land use approvals would only be an option for a
municipality if facility installation on a structure not previously used for antennas increased that
structure's height by more than 20 feet, or expanded width by more than 20 feet or the width of a
structure; and,
WHEREAS, A-4376 encompasses both tower and rooftop sites on private land as well as small
wireless antenna facilities on utility poles and other supporting structures in the public right-of-
way; and,
WHEREAS, the overarching effect of A-4376 would be to essentially eliminate nearly all
effective control of a municipality's territory in regard to telecommunications facilities
deployments; and,
WHEREAS, this is an excessive and unreasonable loss of authority which runs contrary to the
intention of the Municipal Land Use Law, the Home Rule Act and local police powers; and,
WHEREAS, as a result,the Municipality strongly opposes passage of said bill A-4376 and desires
to maintain its existing rights and authority to regulate telecommunications facilities within its
jurisdiction.
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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:
1. The Borough of Franklin Lakes opposes New Jersey General Assembly bill A-4376.
2. The Borough of Franklin Lakes urges the Assembly not to pass A-4376.
3. A copy of this resolution will be submitted to both chambers of the New Jersey
Legislature, and any applicable legislative committees tasked with reviewing same,
including the Assembly Telecommunications and Utilities Committee, which will be
asked to reconsider its favorable report of A-4376.
Introduced By: Councilmember Bonagura Seconded By: Councilmember Cardenas
Roll Call:
Councilmember Ansh Yes Councilmember Kelly Yes
Council President Bonagura Yes Councilmember Lambrix Yes
Councilmember Cardenas Yes Councilmember Sheppard Yes
Motion Approved on July 18, 2023, according to the indicated vote.
Respectfully submitted,
a M. Rulli, Borough Clerk