HomeMy Public PortalAbout2023-09-05 Work Session Minutes BOROUGH OF FRANKLIN LAKES
Regular Meeting of the Mayor and Council
September 5, 2023
A regular meeting of the Mayor and Council was held at 7:30 PM on September 5, 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, Councilman Lambrix, 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.
Flat Salute
Moment of Silent Appreciation to Our Veterans
Appointments
0 Quality of Life Enforcement Officer—Robert Tovo
Mr. Hart stated the main purpose of this new position is property maintenance and outlined
Mr. Tovo's duties and experience. Mr. Hart and the Construction Officer feel this is a good fit in
the department.
Councilman Lambrix pointed out that Mr. Tovo is extremely qualified, if not over qualified, and
asked if this is of any concern. Mr. Hart stated he is satisfied with the interview process.
• Administrative Assistant in Construction Office—Erica Davenport
Mr. Hart stated that Erica Davenport is filling a recent opening and will also be a great addition to
the department.
Motion made by Councilmember Kelly to make the above-mentioned appointments, seconded by
Councilmember Sheppard.
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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 Sheppard. On voice vote, all in favor.
Steve Holmgren, 702 Colonial Road, said he represents his family and stated that in the past few
weeks the majority of Council is not listening to the public comments, the size of the project has
not been reduced, and the project seems rushed. He spoke about how people lose jobs by not doing
what an employer asks them to do. He stated he sees himself and all of the residents as the
employers of the Council and stated further actions may be taken which will result in a change in
the future.
Mayor Kahwaty responded that the negotiations are a result of a two year project and not rushed.
He stated no one wants this, the Council included; however, it is not up to the Council, but the
State, and given the limitations everyone is working toward a best possible outcome. He stated he
and the Council appreciate and welcome the residents' concerns.
Motion to close the time for public comment was made by Council President Bonagura, seconded
by Councilmember Lambrix. On voice vote, all in favor.
Engineers Report
Mr. Boswell reported that Mike Fitzpatrick was awarded the Road Program/Olentangy contract.
The pre-construction meeting is September 12. The 2023 Road Improvement Program came in
under budget allowing the Mayor and Council to add six streets; Forsythia, Hopper Court, Sioux
Lane, Glendale Road, Helen Court, Riven Wood Road. The Franklin Avenue Traffic Study is an
initiative that will improve traffic and pedestrian safety in the downtown area. He stated idea of
the plan is to improve walkability, street crossings etc. He stated he and Mr. Hart could go before
County with the endorsement of the Mayor and Council as this is a County road. Mr. Boswell
stated a Hold Harmless Agreement is needed to allow for the installation of a drainage easement
and the homeowners have no issues.
The Mayor and Council discussed ways to make the Borough more walkable, the traffic patterns
downtown, flashing lights at crosswalks, speed tables, the number of lanes that will be allowed
and be safest and how to prevent Franklin Lakes from becoming a bypass if Route 208 is closed.
Councilmember Lambrix commented that he agrees with the improvements proposed on page one
and with Councilmember Kelly's point about the traffic back up at FAMS. He stated he does not
support the ideas on page two.
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Councilmember Cardenas stated there is a very easy way to address speeders and that is to ticket
them. Discussion ensued over the idea of splitting the ideas on page one and page two into separate
resolutions.
Council President Bonagura made a motion to approve page one; seconded by Councilmember
Lambrix.
Roll Call Vote:
Ayes: Ansh, Bonagura, Cardenas, Kelly, Lambrix, Sheppard
Nays:
Abstain:
Absent:
Motion Approved
Council President Bonagura made a motion to approve page two, seconded by Councilmember
Ansh.
Roll Call Vote:
Ayes: Ansh, Bonagura, Lambrix, Sheppard
Nays: Cardenas, Kelly
Abstain:
Absent:
Motion Approved
Mr. Hart will create resolutions for the September 19'h agenda.
Consent Agenda Resolution 222-23
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 223-23 Accept Report of Finance Committee
Resolution 224-23 Approve Reserve Agreement—Payment in Lieu of Providing Solid Waste
Collection
Resolution 225-23 Authorize Agreement—Snow Plowing at the Reserve
Resolution 226-23 Chapter 159 2023 Private Donation—Phillip & Diana Simms
Resolution 227-23 Online Auction—GovDeals
Resolution 228-23 Settlement of Tax Appeal—400 Indian Trail Drive
Resolution 229-23 Settlement of Tax Appeal—705 Carriage Lane
Resolution read by Council President Bonagura, seconded by Councilmember Sheppard.
Roll Call Vote:
Ayes: Ansh, Bonagura, Cardenas, Kelly, Lambrix, Sheppard
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Nays:
Abstain:
Absent:
Motion Approved
Mayors Report
0 Offshore Wind Letter
Mayor Kahwaty spoke about letter regarding wind farms which is asking for the Council's
approval and support. Mayor Kahwaty stated he is neutral and asked the Council's feelings on the
subject. Council President Bonagura stated he feels the Borough should not be involved.
Councilmember Cardenas commented the wind farm project is delayed until 2027. The Council
were in agreement not to comment on it at this time.
Committee/Liaison Reports
Parks and Recreation
Councilmember Ansh reported the Girl Scouts want to build a swap shed for used equipment,
stated the Franklin Lakes Baseball club will start using snack stand; bathrooms are really clean
and working out great; and there is a huge need for more people to be CPR certified. The football
Pee Wee scrimmage started and cheerleading, soccer, and football seasons are under way.
Councilmember Kelly added that the football cheer pep rally is September 17, at 4:00 PM.
• Facilities Use Permit—Cub Scouts Pack 134
There were no objections to listing the facilities use permit on September 19''.
• Transfer of County Open Space Grant
Regarding the Open Space grant, approval is needed to move forward with that transfer.
Councilmember Kelly stated she does not approve of the bandstand on the other side of town.
Mayor Kahwaty reported on a request for additional activities for younger children at the
playground. Councilmember Kelly stated the monies could be used for a bridge.
Mr. Hart stated that in order to use the grant for another location, they would need to apply to the
County and would likely be looked at favorably.
The Mayor and Council discussed multiples issues with regard to the bandshell, spoke about
security, parking, noise pollution and if it made sense to have it be a permanent structure or
portable.
Dina Robinson, Community Director, stated they currently rent a mobile stage trailer at a cost
upwards of$3000, and she cited additional issues with a portable bandshell is setup time, lack of
staff and time.
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Mayor Kahwaty asked for a motion to approve the concept for a bandshell.
Council President Bonagura made a motion to approve bandshell pavilion. Seconded by
Councilmember Sheppard.
Roll Call Vote:
Ayes: Ansh, Bonagura, Sheppard, Kahwaty
Nays: Cardenas, Kelly, Lambrix
Abstain:
Absent:
Motion Approved
Motion to move the bandshell to McBride was made by Councilmember Lambrix, seconded by
Councilmember Cardenas.
Roll Call Vote:
Ayes: Cardenas, Lambrix, Sheppard
Nays: Ansh, Bonagura, Kelly, Kahwaty
Abstain:
Absent:
Motion Denied
Motion to move the bandshell to Parson's Pond Park was made by Council President Bonagura,
seconded by Councilmember Ansh.
Roll Call Vote:
Ayes: Ansh, Bonagura, Sheppard, Kahwaty
Nays: Cardenas, Kelly, Lambrix
Abstain:
Absent:
Motion Approved
Environmental & Community Affairs/Library
Councilmember Cardenas stated the Library did excellent job while short staffed. The Board found
a new Director, Alyse Fink, who started today. The K-8 Board of Education met briefly and
welcomed new board member Carolina Severino. The Ramapo Indian Hills BOE had a number of
meetings and $3.6 million was approved for mental health services. On July 24, 2023 they did not
pass the request for additional monies for services. At a Special Meeting on August 1, 2023 it was
approved to add Thrive Alliance to the Counseling services. On August 28, 2023 they voted to
table to two Agenda items, one of which limited the search for a new superintendent.
Public Safety
Council President Bonagura reported on the dire need for volunteers for both the Ambulance Corps
and the Fire Department. He hopes to see a stipend plan for the Fire Department to generate more
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activity. He spoke about bunks for out of town volunteers. He stated he is very concerned about
response time and the Council needs to do something to make sure we have first responders and
suggested having a meeting to try to solve this problem.
Mayor Kahwaty commended Council President Bonagura for analyzing the metrics, and said it's
a great idea to have the Public Safety Committee discuss this. There were no objections.
With regard to the Police, Council President Bonagura commended Captain McCombs for
completing about 60% of objectives he was involved in so far this year.
Planning and Development
• Affordable Housing Set-Aside Ordinance
• Downtown Improvements
Mr. Hart spoke about an Affordable Housing Set Aside Ordinance and stated our Affordable
Housing Counsel recommended that the Borough codify a 20% set aside across the board.
Councilmember Sheppard stated the Borough will have new Affordable Housing issue in 2027
and questioned why we are looking at it now. Mr. Smith and the Council requested more
explanation before proceeding.
Councilmember Sheppard stated there was no report for the Planning Board as they haven't had a
meeting for a month.
Administration and Finance
Councilmember Lambrix reported that he spoke to the CFO about scheduling the 3rd quarter
meeting to discuss current expenses.
Public Works
Councilmember Kelly outlined the tasks the Department of Public Works has been working on.
Councilmember Ansh reported they got their first chipper, and everyone is excited.
Borough Administrator's Report
Mr. Hart had nothing to add to his previously submitted report.
Old Business
None
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New Business
Council President Bonagura stated he feels the By Laws of the Mayor and Council need to be
revised. Mayor Kahwaty suggested a committee. Council President Bonagura asked to be on that
committee.
Councilmember Kelly spoke about the formation of committees—generally there are two Council
members and whomever they need to support, in this case, the Administration Committee, who
can solicit input from Council and she suggested Councilmember Lambrix and Councilmember
Cardenas do this and bring back recommendations. No objections.
Introduction of Ordinances on First Reading
Motion to take up consideration of Ordinance 1927 for Introduction, and direct the Borough Clerk
to read by title was made by Council President Bonagura, seconded by Councilmember Sheppard.
On voice vote, all in favor.
The Borough Clerk read the Ordinance by title only.
BOROUGH OF FRANKLIN LAKES
ORDINANCE NO. 1927
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
WHEREAS, Ordinance 1927 was introduced at a meeting of the Mayor and Council held on the
5d' day of September, 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 1927 be and the same is
hereby introduced on First Reading; and,
BE IT FURTHER RESOLVED that said Ordinance 1927 will be further considered for final
passage at a meeting of the said Mayor and Council to be held on the 3rd day of October, 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 place all
persons who may be interested will be given an opportunity to be heard regarding Ordinance 1927;
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.
Borough Planner McManus explained this Ordinance effectuates the settlement agreement
between SHG and Franklin Lakes and entails rezoning for federal use with retail and office spaces.
Ms. McManus provided a brief overview of the Ordinance.
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Councilmember Lambrix asked Mr. Smith if this mirrors the settlement agreement, which was
confirmed.
Resolution read and introduced by Councilmember Sheppard, seconded by Council President
Bonagura. Discussion - none.
Roll Call Vote:
Ayes: Ansh, Bonagura, Lambrix, Sheppard
Nays: Cardenas, Kelly
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, September 5, 2023
which begins at 7:30 PM, in the Conference Room at the Municipal Building to discuss the
following:
• Contractual—Shared Services for School Resource Officer
• Contractual—Hovnanian Sewers
• Contractual—Sewer Connection Request
• Pending Litigation—Cigna Property
• Collective Bargaining—PBA
• Personnel —Unused Sick Leave
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 9:00 PM by Council President Bonagura, seconded
by Councilmember Sheppard. On voice vote, all in favor.
The Mayor and Council returned to open session at 10:23 PM.
Adiournment
Motion to adjourn the meeting was made at 10:23 PM by Council President Bonagura, seconded
by Councilmember Kelly. On voice vote, all in favor.
Resolution 223-23 Accept Report of Finance Committee
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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$5,706,024.84 as shown on the Claims Bill List; $15,387.75 as
shown on the Soil Account Bill List; and $5,492.00 as shown on the Developers Escrow List.
BE IT FURTHER RESOLVED, that the payroll of August 17, 2023 in the amount of
$340,389.00 and the payroll of August 31, 2023 in the amount of$281,327.96 be hereby ratified
and approved.
Resolution 224-23 Approve Reserve Agreement—Payment in Lieu of Providing Solid
Waste Collection
BE IT RESOLVED by the Mayor and Council of the Borough of Franklin Lakes that the Mayor
and Borough Clerk are hereby authorized to sign an agreement between the Borough of
Franklin Lakes and Reserve at Franklin Lakes Condominium Association Condominiums for
payment in lieu of providing solid waste collection services, in the amount of$968.00 per month,
for the period from October 1, 2023 to September 30, 2024.
Resolution 225-23 Authorize Agreement—Snow Plowing at the Reserve
BE IT RESOLVED by the Mayor and Council of the Borough of Franklin Lakes that the Mayor
and Borough Clerk are hereby authorized to execute an agreement for Payments in Lieu of
Municipal Services to the Reserve at Franklin Lakes Condominium Association, Inc. in the
Reserve at Franklin Lakes development for the term of October 1, 2023 through
September 30, 2024.
Resolution 226-23 Chapter 159 2023 Private Donation—Phillip & Diana Simms
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 a $1500.00, Private Donation—
Phillip & Diana Simms 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$1500.00 which will be available as a revenue from:
Miscellaneous Revenues:
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Public and Private Programs Offset by Appropriations:
2023 Private Donation—Phillip & Diana Simms —
Franklin Lakes Police Department $1500.00
BE IT FURTHER RESOLVED that a sum of$1500.00 and the same is hereby appropriated
under the caption of:
General Appropriations:
(a) Operations Excluded from "CAPS":
Public and Private Programs Offset by Revenues:
2023 Private Donation—Phillip & Diana Simms —
Franklin Lakes Police Department $1500.00
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 227-23 Online Auction—GovDeals
WHEREAS pursuant to N.J.S.A. 40A:11-36 and Local Finance Notice 2008-9, the Mayor and
Council of the Borough of Franklin Lakes is desirous of selling the vehicles and items listed below
by online auction;
NOW THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of
Franklin Lakes, County of Bergen and State of New Jersey, the items listed below are hereby
authorized to be sold at an online auction to be held on GovDeals:
• 2005 Ford F250 VIN 41FTSX21P05EA01784 Extra Cab—6.0 Diesel 4 Wheel Drive
BE IT FURTHER RESOLVED that the items are no longer needed for public use; and,
BE IT FURTHER RESOLVED that the sale will be held on GovDeals, at www.govdeals.com;
and,
BE IT FURTHER RESOLVED that the sale is being conducted pursuant to Local Finance
Notice 2008-9; and,
BE IT FINALLY RESOLVED that the terms and conditions of the agreement entered into with
the vendor are available on the vendor's website and available in the office of the Borough Clerk.
Resolution 228-23 Settlement of Tax Appeal—400 Indian Trail Drive
Block: 1110.02
Lot: 2
Street Address: 400 Indian Trail Drive
Owner: BK Partners LLC
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WHEREAS, an appeal of the tax assessment for the year 2020 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 this adjustment 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 this adjustment.
Tax Year: 2020 Original Assessment Tax Court Judgment
Land $ 463,600 $ 463,600
Improvements $1,586,400 $1,486,400
Total $2,050,000 $1,950,000
Resolution 229-23 Settlement of Tax Appeal—705 Carriage Lane
Block: 1604.08
Lot: 3
Street Address: 705 Carriage Lane
Owner: GMR Trust, Richard Raphael Trustee
WHEREAS, an appeal of the tax assessment for the year(s) 2022 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: 2022 Original Assessment Tax Court Judgment
Land $ 741,000 $ 741,000
Improvements $1,909,000 $1,809,000
Total $2,650,000 $2,550,000
Tax Year: 2023 Original Assessment Tax Court Judgment
Land $ 741,000 $ 741,000
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Improvements $1,909,000 $1,809,000
Total $2,650,000 $2,550,000
Respectfully submitted,
1 M. Rulli, Borough Clerk