HomeMy Public PortalAbout2023-08-15 Regular Meeting Minutes BOROUGH OF FRANKLIN LAKES
Regular Meeting of the Mayor and Council
August 15, 2023
A regular meeting of the Mayor and Council was held at 7:30 PM on August 15, 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 (via teleconference), Councilmember Sheppard,
Borough Administrator Hart, Borough Attorney Smith, and Borough Clerk Rulli.
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
Proclamation
Mayor Kahwaty read the proclamation and congratulated Sergeant .
PROCLAMATION
HONORING RONALD SALZANO
WHEREAS, Bergen County Prosecutor's Office Detective Sergeant Ronald Salzano, a
resident of the Borough of Franklin Lakes, was recently honored by the New Jersey Police Honor
Legion as "2022 Police Officer of the Year"; and,
WHEREAS, Detective Sergeant Salzano began his law enforcement career as a police officer
in the Wallington Police Department in 2003; and,
WHEREAS, in 2006, he transferred to the County of Bergen and was promoted to the rank of
Detective Sergeant in the Bergen County Prosecutor's Office in 2020; and,
WHEREAS, Detective Sergeant Salzano has served in many capacities with distinction,
including as the Deputy County Coordinator for Bergen County's Office of Emergency
Management; and,
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August 15, 2023 Minutes
WHEREAS, on May 4, 2023, he was recognized for his valor and bravery in his extraordinary
efforts to save a suicidal juvenile by the New Jersey Police Honor Legion at their Annual
President's Ball, receiving the "2022 Police Officer of the Year" award; and,
WHEREAS, Detective Sergeant Salzano, married to Katie Salzano, and father to four boys,
is an active participant in the Franklin Lakes community, including coaching his children in the
Borough's recreation programs;
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 DETECTIVE SERGEANT RONALD SALZANO for his exceptional
accomplishments as a police officer and as a valued community member.
IN WITNESS HEREOF, I have hereunto set my Hand and caused the Seal of the Borough
of Franklin Lakes to be affixed this 151h day of August, 2023.
Appointment
• Recreation &Parks Member—Casey Finneran unexpired term expiring 12/31/2024
Motion made by Councilmember Kelly to make the above-mentioned appointment, seconded by
Councilmember Ansh.
Roll Call Vote:
Ayes: Ansh, Bonagura, Cardenas, Kelly, Lambrix, Sheppard
Nays:
Abstain:
Absent:
Motion Approved
Ordinances for Final Reading and Adoption
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 made by Councilmember Sheppard to table Ordinance 1911R, seconded by
Councilmember Kelly. Discussion—none.
Roll Call Vote:
Ayes: Ansh, Bonagura, Cardenas, Kelly, Lambrix, Sheppard
Nays:
Abstain:
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August 15, 2023 Minutes
Absent:
Motion Approved
Time for Public Comment
Motion to open the time for public comment was made by Councilmember Kelly, seconded by
Councilmember Ansh. On voice vote, all in favor.
Laurie Burnette, 746 Lawlins Road, asked for clarification if Ordinance 1911R, was tabled or
carried. Mayor Kahwaty stated it has been tabled.
Michael Gutusso, 168 Birch Road, asked for clarification that this particular ordinance is no longer
being considered, which Mayor Kahwaty confirmed. Mr. Gutusso asked if there was anything that
the Council could share with regard to the ongoing negotiations. Mayor Kahwaty stated that
negotiations continue. Mr. Smith advised the Fairness Hearing was postponed until October 24.
Mayor Kahwaty advised that there was a mediation session earlier this afternoon and he anticipates
having additional information for the public shortly.
Chris Russo, 303 Lenape Drive, asked about the new gas line on Old Mill Road, stating PSE&G
has not provided any information to the public. Mr. Hart stated PSE&G should be providing
information directly to the affected residents and he will look into this and provide information
through the Borough E-blast.
Laurie Burnette stated that on her street PSE&G moved any inside meter to the outside of the
house and was replacing the gas pipe going into house.
Loria Russo, 303 Lenape Drive, stated that PSE&G is saying they have to replace the pipes as they
are getting old and going bad. She is worried that the future traffic of 18 wheelers will cause an
explosion due to the vibrations they create. She stated she appreciated the Lantern Fly information
and pointed out that the majority of the trees in Parsons Pond are trees of heaven that attract the
Lantern Fly and inquired what will be done at the Park. Mayor Kahwaty stated he will speak with
the Tree Specialist.
Sue Barbuto, 1 Deer Trail, thanked the Council for all the hard work and extra time that has been
put into the Cigna property. She thanked Councilmember Lambrix, Councilmember Kelly and
Councilmember Cardenas for remaining strong on their positions. With regard to the Open Space
tax question that will be on the ballot, she noted it has been put to residents twice and both times
it was voted down and had it passed, we might not be in this situation. She asked what the plan is
to educate residents.
Mayor Kahwaty stated that it is a fair assumption it will become a bigger topic as it gets closer to
the election and stated Mr. Hart sent a message when the ordinance was adopted that summarized
the Open Space question.
Ms. Barbuto suggested getting the Shade Tree and Environmental Commission involved.
Councilmember Cardenas stated as the liaison for both groups she will raise it to them.
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August 15, 2023 Minutes
Anthony Molino, 513 Summit Avenue, stated he is opposed to warehouses and stated it would be
beneficial to publish a schedule of when and where PSE&G is working on gas lines.
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 211-23
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 212-23 Accept Report of Finance Committee
Resolution 213-23 Approve Professional Development Stipends —CPR Instructors
Resolution 214-23 Approve Street Name—Hunter Way
Resolution 215-23 Chapter 159—Lead Grant Assistance Program
Resolution 216-23 Chapter 159—National Opioids Settlement FD Trust
Resolution 217-23 Redeem Tax Lien Certificate—604 High Mountain Road
Resolution 218- 23 Facilities Use Permit—AFlight Sports
Resolution read and introduced by Council President Bonagura, seconded by Councilmember
Kelly.
Mr. Hart stated if there was no discussion required the resolution titled Facilities Use Permit —
Aflight Sports could be placed on the consent agenda. No objections.
Motion by Council President Bonagura to approve the resolution as amended, seconded by
Councilmember Kelly.
Roll Call Vote:
Ayes: Ansh, Bonagura, Cardenas, Kelly, Lambrix, Sheppard
Nays:
Abstain:
Absent:
Motion Approved
Action on Minutes
July 6, 2023 Work Session
July 6, 2023 Closed Session
July 13, 2023 Special
July 13, 2023 Closed Session
July 18, 2023 Regular
Regular Meeting of the Mayor and Council Page S
August 15, 2023 Minutes
0 July 18, 2023 Closed Session
Motion to accept the minutes was made by Councilmember Kelly, and seconded by
Councilmember Ansh:
Roll Call Vote:
Ayes: Ansh, Bonagura, Cardenas, Kelly, Lambrix, Sheppard
Nays:
Abstain:
Absent:
Motion Approved
Old Business
None
New Business
None
Introduction of Ordinances on First Reading
Motion to take up consideration of Ordinance 1926 for Introduction, and direct the Borough Clerk
to read by title was made by Councilmember Sheppard, seconded by Councilmember Kelly. On
voice vote, all in favor.
The Borough Clerk read the Ordinance by title only.
BOROUGH OF FRANKLIN LAKES
ORDINANCE NO. 1926
AN ORDINANCE AMENDING CHAPTER 300 "LAND USE AND
DEVELOPMENT" OF THE CODE OF THE BOROUGH OF FRANKLIN
LAKES TO AMEND THE MAXIMUM TOTAL COVERAGE REQUIREMENTS
IN THE A-40 AND A-22.5 ZONES FOR PROPERTIES WITH SWIMMING POOLS
WHEREAS, Ordinance 1926 was introduced at a meeting of the Mayor and Council held on the
15'h day of August, 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 1926 be and the same is
hereby introduced on First Reading; and,
BE IT FURTHER RESOLVED that said Ordinance 1926 will be further considered for final
passage at a meeting of the said Mayor and Council to be held on the 19'h day of September, 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
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place all persons who may be interested will be given an opportunity to be heard regarding
Ordinance 1926; 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 Sheppard, seconded by Councilmember Kelly.
Discussion — Council President Bonagura requested clarification on the percentage of coverage.
Mr. Hart explained and stated the way it is currently written is ambiguous and the language needs
to be changed to be more restrictive.
Roll Call Vote:
Ayes: Ansh, Bonagura, Cardenas, Kelly, Lambrix, Sheppard
Nays:
Abstain:
Absent:
Motion Approved
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, August 15,2023 which
begins at 7:30 PM, in the Council Chambers at the Municipal Building to discuss the following:
Contractual—Hovnanian Sewers
Contractual—Shared Services for School Resource Officer
• Pending Litigation—Cigna Property
• Pending Litigation—Settlement of Tax Appeal—400 Indian Trail Drive
• Pending Litigation—Settlement of Tax Appeal—705 Carriage Lane
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 7:57 PM by Council President Bonagura, seconded
by Councilmember Kelly. On voice vote, all in favor.
The Mayor and Council returned to open session at 9:36 PM.
Adiournment
Motion to adjourn the meeting was made at 9:36 PM by Councilmember Kelly, seconded by
Councilmember Ansh. On voice vote, all in favor.
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August 15, 2023 Minutes
Resolution 212-23 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$774,048.50 as shown on the Claims Bill List; and $660.00 as
shown on the Developers Escrow List.
BE IT FURTHER RESOLVED,that the payroll of August 3, 2023 in the amount of$270,577.54
be hereby ratified and approved.
Resolution 213-23 Professional Development Policy Stipends
WHEREAS,paragraph 13 of the Personnel Policies and Procedures Manual provides for payment
of annual stipends to employees that obtain licenses and/or certificates that are related to, but not
required for their positions, upon approval by resolution of the Mayor and Council; and,
WHEREAS,the Borough Administrator has recommended payment of the following professional
development stipends in the amounts indicated for 2023, with the full amounts to be included in
each of the employee's 2024 salary:
Employee Name Course of Study Stipend Amount
Nicholas Biondi CPR Instructor $250
Gerard Gansel CPR Instructor $250
Ariane Hertenstein CPR Instructor $250
Denny Knubel CPR Instructor $250
William Zangara CPR Instructor $250
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
Borough Administrator is hereby approved and the professional development stipend as set forth
hereinabove is hereby approved.
Resolution 214-23 Approve Street Name—Hunter Way
WHEREAS, J. Patrick Hunter,by letter dated July 12, 2023, has requested that the unnamed dead
end street located south of Shadow Ridge Road off of Pulis Avenue, be named "Hunter Way";
and,
WHEREAS,the Tax Assessor has reviewed and approved this request;
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 request of J. Patrick Hunter is hereby
approved and the unnamed dead end street located south of Shadow Ridge Road off of Pulis
Avenue, is hereby named "Hunter Way"; and,
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BE IT FINALLY RESOLVED that a copy of this resolution be forwarded to J. Patrick Hunter,
the Tax Assessor and the Tax Collector.
Resolution 215-23 Chapter 159 —Lead Grant Assistance Program
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 $3,200.00 from the Lead Grant
Assistance Program 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$3,200.00 which will be available as a revenue from:
Miscellaneous Revenues:
Public and Private Programs Offset by Appropriations:
Lead Grant Assistance Program $3,200.00
BE IT FURTHER RESOLVED that a sum of$3,200.00 and the same is hereby appropriated
under the caption of:
General Appropriations:
(a) Operations Excluded from "CAPS":
Public and Private Programs Offset by Revenues:
Lead Grant Assistance Program $3,200.00
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 216-23 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,
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WHEREAS, the Borough of Franklin Lakes has received $2,658.20 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$2,658.20 which will be available as a revenue from:
Miscellaneous Revenues:
Public and Private Programs Offset by Appropriations:
National Opioids Settlement FD Trust $2,658.20
BE IT FURTHER RESOLVED that a sum of $2,658.20 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 $2,658.20
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 217-23 Redeem Tax Lien Certificate—604 High Mountain Road
WHEREAS, at the Tax Sale held on August 20, 2020 the Borough of Franklin Lakes sold a tax
lien on Block 3103.01, Lot 22, known as 604 High Mountain Road, Franklin Lakes, NJ 07417, for
delinquent 2019 taxes, property owned by Vallelonga, Frank A. & Angela; and,
WHEREAS,this Tax Lien Certificate 420-00007 was sold to Bala Partners LLC, whose address
is P.O. Box 303,Pottersville,NJ 07979, at zero percent interest rate, and a premium of$82,000.00;
and,
WHEREAS, Madison Title Agency, has redeemed Certificate 420-00007, in the amount of
$67,472.12, for the new home owner;
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 $149,472.12 to Bala Partners
LLC, whose address is P.O. Box 303, Pottersville, NJ 07979.
Principal $ 46,200.76
Redemption Penalty 84.56
Interest 2,958.17
Tax Penalty 18,161.63
Recording Fee 55.00
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Other Fees 12.00
Redemption Total: $ 67,472.12
Plus Premium: $ 82,000.00
Grand Total: $149,472.12
Resolution 218-23 Facilities Use Permit—AFlight Sports
WHEREAS, AFlight Sports has requested the use of the Parsons Pond Park Baseball Field for its
2023 fall softball season to be held from 8:00 a.m. to Noon on August 27, September 10,
September 24, October 8, and October 22, 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 AFlight Sports is hereby granted
permission to use Borough facilities, Parsons Pond Park Baseball Field, for its 2023 fall softball
season to be held from 8:00 a.m. to Noon on August 27, September 10, September 24, October 8,
and October 22, 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 AFlight Sports and
the Community Director.
Respectfully submitted,
a M. Rulli, Borough Clerk