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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, Regular Meeting of the Mayor and Council Page 2 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: Regular Meeting of the Mayor and Council Page 3 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. Regular Meeting of the Mayor and Council Page 4 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 Regular Meeting of the Mayor and Council Page 6 August 15, 2023 Minutes 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. Regular Meeting of the Mayor and Council Page 7 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, Regular Meeting of the Mayor and Council Page 8 August 15, 2023 Minutes 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, Regular Meeting of the Mayor and Council Page 9 August 15, 2023 Minutes 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 Regular Meeting of the Mayor and Council Page 10 August 15, 2023 Minutes 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