HomeMy Public PortalAbout2023-09-19 Regular Meeting Minutes BOROUGH OF FRANKLIN LAKES
Regular Meeting of the Mayor and Council
September 19, 2023
A regular meeting of the Mayor and Council was held at 7:30 PM on September 19, 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, and Councilmember Sheppard. Also present
were Borough Attorney Smith and Borough Clerk Rulli. Borough Administrator Hart arrived at
7:31 PM.
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
Motion made by Councilmember Sheppard to take up Ordinance 1926 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.
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
Motion to open the hearing to the public was made by Councilmember Lambrix, seconded by
Councilmember Kelly. On voice vote, all in favor.
No one from the public came forward at this time.
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Motion to close the hearing to the public was made by Councilmember Ansh, seconded by Council
President Bonagura. On voice vote, all in favor.
WHEREAS, Ordinance 1926 was introduced at a meeting of the Mayor and Council held on the
15'h day of August, 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. 1926 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 Sheppard, seconded by Councilmember
Cardenas. Discussion—none.
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 Kelly, seconded by
Councilmember Cardenas. On voice vote, all in favor.
Maureen Lambrix, 270 Arbor Road, thanked the Mayor and Council, Borough Attorney Smith,
and Mr. Hart for their hard work on the Cigna property. She stated she doesn't feel a bandshell is
needed and questioned why the Borough would consider spend money on a not needed item when
we don't know the full effect of Affordable Housing. She discussed the uncertainty of development
and the strain on first responders. She stated it should be left as it stands with sports fields and
nature. She asked the Mayor and Council to pause before a making final decision to place it
anywhere, but especially at Parsons Pond Park.
Dana Sciascia, 137 Delaware Lane, is speaking on behalf of the 2-6 year old age group, asked that
the money from the bandstand be applied to a playground for the 2-6 year olds, as they can't use
the new playground. She made suggestions for additional equipment and asked for the money
immediately.
Avani Mohapatra,740 Smoke Hollow Trail,reiterated the need for a toddler friendly and inclusive,
playground, as the current playground is not. She stated the former playground was accessible to
children with disabilities and asked that the Borough transfer money from the bandstand to the
playground.
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Chelsea Bishay, 652 Farmdale Road, stated that the old design was inclusive and the new one is
not. She would like to see different modalities for young children. She spoke about physical
therapy and the new playground not being adequate for that. She stated playgrounds supply a
social, physical and emotional environment for the development of skills, and asked that the
Council redirect the bandshell money.
John Matarese, , stated he doesn't understand the urgency to vote $110,000
toward the bandshell. He asked if anyone considered if Hekemian would donate the bandshell.
He discussed changes downtown and stated the most important function of Governing Body is
public safety.
Mayor Kahwaty agreed safety is most important and added also to try to keep taxes low.
Mr. Matarese stated the Borough has been without a Police Chief for 10 months and asked when
the Council will let residents know. Mr. Smith stated this is a personnel matter and cannot be
discussed in public. Mr. Smith stated the acting Chief is in place and doing a fantastic job. Mayor
Kahwaty asked if Mr. Matarese had a specific problem with the function of the Police Department.
Mr. Matarese stated his problem is with apparent lack of transparency.
Victor Gomez, 749 Sunset Terrace, spoke about the downtown improvements, a three way lane,
the traffic on Connie Avenue and excessive speed. He stated there will be an increase in traffic
with the proposed pattern. Mayor Kahwaty stated there were many perspectives and the engineers
are ones to make the recommendations.
Stephen Aslanian, 780 Sunset Terrace, feels the new traffic pattern will heighten traffic. He
discussed school bus pick up. He stated he spoke with Police about consistent monitoring.
Discussion ensued on the issues, options, and ideas to improve this plan, as well as the letter and
recommendations from the Police and Boswell Engineering. Councilmember Lambrix asked that
the Downtown Improvements resolution be pulled from the Consent Agenda.
Ari Donio, 501 Kings Pointe Trail, stated he agrees that there is a problem with the downtown, but
doesn't understand the rush to fix this. He stated he doesn't want a bandshell.
Ann Swist, 809 Iron Latch Road, stated she doesn't agree with the bandshell and would like to see
the money put towards the childrens' playground near the Library.
Drina Macnamara, 419 Lake Road, Wyckoff, stated Wyckoff removed their bandshell because it
was not used, it was breaking down and had become a hang-out for kids. She stated she has
received calls from concerned residents about traffic and noise from a Franklin Lakes bandshell.
Mike Guttuso, 168 Birch Road, thanked the Council for the opportunity to speak. He stated he
feels that the Council is creating animosity by not communicating with the residents in regard to
Cigna and the playground. He feels there are three members who are thinking things through and
three others who want to push things through,which is no way to satisfy constituents. He inquired
about the [Cigna property] federal use.
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Mayor Kahwaty stated he and the Council don't have information on federal use and their objective
is to get the best deal for Franklin Lakes.
Susan Barbuto, 1 Deer Trail, stated she feels something is missing in the process of this
government and that the Mayor and his predecessor communicate differently. She suggested old
fashioned focus groups. She asked that residents be included in the process.
Bruce Haywood, 207 Green Ridge Road, thanked the Mayor and Council for what they do. He
spoke about working for Shadow Lake and suggested a survey of the community to help make
decisions. He stated his motto would be to keep it simple.
Mark Markarian, 523 Old Post Road, Wyckoff, stated he is concerned with noise from a bandshell.
He stated a park is for quietness and there is already drag racing in the park. He suggested the
Council consider a noise ordinance.
Laurie Burnette, 746 Lawlins Road, questioned who the acting Police Chief is, stated Old Mill is
a racetrack and the development will only make it worse, and commented that a friend stated the
new playground was "made for ninjas".
Mayor Kahwaty stated the Captain is in charge. Mr. Smith stated that this is a personnel issue that
cannot be discussed.
Samantha Braen, 820 Old Mill Road, thanked the Mayor and Council for their service, and the
opportunity to address them. She lives in the house across from Cigna entrance, and is against the
bandshell. She stated she feels the playground is a destination that should be more accessible. She
urged fiscal responsibility.
Motion to close the time for public comment was made by Councilmember Kelly, seconded by
Councilmember Ansh. On voice vote, all in favor.
Consent Agenda Resolution 230-23
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 231-23 Accept Report of Finance Committee
Resolution 232-23 Award Contract—Ladder Truck
Resolution 233-23 Borough Civil Rights
Resolution 234-23 Facilities Use Permit—Cub Scouts Pack 134
Resolution 235-23 Hold Harmless Agreement—722 Jenny Trail
Resolution 236-23 Tax Refund—400 Indian Trail Drive
Resolution 237-23 Tax Refund—705 Carriage Lane
Resolution 238-23 Shared Services Agreement— School Resource Officers
Resolution 239-23 Approve Facilities Use Permit—LWT Enterprises/ITV America
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September 19, 2023 Minutes
Resolutions read and introduced by Council President Bonagura, seconded by Councilmember
Ansh.
Roll Call Vote:
Ayes: Ansh, Bonagura, Cardenas, Kelly, Lambrix, Sheppard
Nays:
Abstain:
Absent:
Motion Approved
Resolutions
Resolution 238-23 Shared Services Agreement—School Resource Officers
WHEREAS, the Uniform Shared Services and Consolidation Act, N.J.S.A. 40A:65-1, et seq.,
authorizes public entities to enter into a contract with each other to subcontract any service which
the parties to an agreement are empowered to render within its own jurisdiction, including services
incidental to the primary purposes of any of the participating entities; and,
WHEREAS, the Board of Education of the Borough of Franklin Lakes ("the Board") has
authorized the Board to enter into an agreement with the Borough of Franklin Lakes ("the
Borough") entitled "Shared Services Agreement — School Resource Officers," the provisions of
which are incorporated by reference herein, for the hiring by the Borough of two police officers to
serve as full-time school resource officers, upon such terms and conditions as set forth therein;
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 Mayor and Borough Clerk are hereby
authorized and directed to sign an agreement between the Board and the Borough entitled"Shared
Services Agreement— School Resource Officers," in substantially the form as recently approved
by the Board, subject to approval by the Borough Attorney and the Police Captain; and,
BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to the Board of
Education of the Borough of Franklin Lakes and the Police Captain.
Resolution read and introduced by Councilmember Cardenas, seconded by Council President
Bonagura.
Mr. Hart commented that Mr. Smith will provide feedback to the Board of Education concerning
ideas to get the hiring process started. Mr. Hart explained the Borough received a request from K-
8 BOE for the Borough to hire two additional Police Officers to serve as School Resource Officers.
Councilmember Ansh stated he is concerned about security and some questions of his could not
be answered. He would like to see all four schools covered.
Roll Call Vote:
Ayes: Ansh, Bonagura, Cardenas, Kelly, Lambrix, Sheppard
Nays:
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September 19, 2023 Minutes
Abstain:
Absent:
Motion Approved
Resolution Award Contract—Band Shell
WHEREAS, the Borough of Franklin Lakes, pursuant to N.J.S.A. 40A:11-11(5) and N.J.A.C.
5:34-7.1, et seq., may by resolution and without advertising for bids,purchase any good or services
under the Bergen County Cooperative Pricing System, of which the Borough is a member; and,
WHEREAS, the Borough of Franklin Lakes is a member of the Bergen County Cooperative
Pricing System and has the need on a timely basis to purchase goods or services using those
contracts; and,
WHEREAS, the Borough of Franklin Lakes intends to enter into contracts with Ben Shaffer
Recreation, P.O. Box 844, Lake Hopatcong, New Jersey, for the purchase and installation of a
wood band shell and concrete slab as described in the proposal dated September 14, 2023, which
is incorporated by reference herein, for the proposal amount of$122,492.41, in accordance with
Bergen County Contract No. BC-BID-21-24, which contract expires on June 1, 2024;
NOW THEREFORE, BE IT RESOLVED that the Mayor and Council of the Borough of
Franklin Lakes and County of Bergen, hereby awards a contract for the purchase and installation
of a wood band shell and concrete slab to Ben Shaffer Recreation, for the proposal amount of
$122,492.41, in accordance with said County contract; and authorizes the purchase of certain
goods and services from those approved Bergen County Cooperative Pricing System vendors as
set forth hereinabove, pursuant to all of the conditions of the individual County contracts; and,
BE IT FURTHER RESOLVED that the Chief Financial Officer has certified the availability of
funds for this purchase,
Account: Ordinance No. 1921
Certification of Funds:
William G. Pike, Chief Financial Officer
BE IT FINALLY RESOLVED that a copy of this resolution be forwarded to Ben Shaffer
Recreation and the Community Director.
Resolution read and introduced by Councilmember Ansh, seconded by Councilmember Sheppard.
Councilmember Lambrix stated he agrees that no one wants the bandshell and no one here is asking
for it. Discussion ensued regarding costs associated with the bandshell, electrical work, and other
projects that would be covered under the Borough and under the grant, such as trail signage and
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September 19, 2023 Minutes
improvements. Councilmember Lambrix stated the Council has been operating as a divided
government for the first time in ten years and need to stop disregarding public opinion. He stated
the public doesn't want a bandshell and they do want a playground.
Mr. Hart explained that they must reapply for the Grant if it's used for a different project, most
likely it will be approved, but there is no guarantee.
All in agreement that further discussion will be held at a future meeting to determine if the Grant
can be transferred and what to use it for.
Roll Call Vote:
Ayes:
Nays: Ansh, Bonagura, Cardenas, Kelly, Lambrix, Sheppard
Abstain:
Absent:
Motion Denied
Motion made by Councilmember Sheppard for Mr. Hart to proceed with investigation/moving
grant money to playground, seconded by Councilmember Kelly. On voice vote, all in favor.
All in agreement that further discussion will be held at a future meeting to determine if the Grant
can be transferred and what to use it for.
Resolution 239-23 Approve Facilities Use Permit—LWT Enterprises Inc. /ITV America B-
Roll
WHEREAS, LWT Enterprises Inc. / ITV America, 4 Star Point, 4 h Floor, Stamford, Ct 06902,
has requested to film at various scenic locations, including the Lake, the Welcome to
Franklin Lakes sign and The Franklin Lakes Community Center sign, within the Borough for one
day between September 26, 2023 and September 30, 2023, as described on the Filming Permit
Application dated September 12, 2023, which has been approved by the Chief of Police and
Borough Clerk; 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 LWT Enterprises Inc. / ITV
America, is hereby granted permission to film at various scenic locations, including the Lake, the
Welcome to Franklin Lakes Sign and The Franklin Lakes Community Center sign, within the
Borough for one day between September 26, 2023 and September 30, 2023, as described herein,
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 LWT Enterprises
Inc. /ITV America, and the Community Director.
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Resolution read by title and introduced by Council President Bonagura, seconded by
Councilmember Cardenas.
Mr. Hart explained that this filming permit is for filming B-roll, background scenery shots, and he
and Borough Clerk Rulli answered questions.
Roll Call Vote:
Ayes: Ansh, Bonagura, Cardenas, Kelly, Lambrix, Sheppard
Nays:
Abstain:
Absent:
Motion Approved
Resolution to Approve Downtown Improvements
Discussion ensued regarding the issues and possible solutions for the downtown area.
Motion made by Councilmember Lambrix to split this into two separate resolutions, seconded by
Councilmember Kelly. On voice vote, all in favor.
Roll Call Vote:
Ayes: Ansh, Bonagura, Cardenas, Kelly, Lambrix, Sheppard
Nays:
Abstain:
Absent:
Motion Approved
Resolution 240-23 Supporting Re-Striping of Franklin Avenue Downtown Commerce
Street to I-287
WHEREAS, the Mayor and Council of the Borough of Franklin Lakes are desirous of making
certain changes to the striping and markings ("re-striping") on Franklin Avenue, a County of
Bergen street, in the "downtown" corridor from Commerce Street to I287; and,
WHEREAS, Boswell Engineering has prepared a concept plan which depict the re-striping,
entitled: "Commerce Street to I-287," dated June 2023, with last edit dated 7/27/2023; ("the
Boswell concept plans"), which plans are incorporated by reference herein; and,
WHEREAS, the Mayor and Council are seeking the County's approval of the re-striping of the
Franklin Avenue downtown Commerce Street to I-287, substantially as shown on the Boswell
concept plans;
NOW THEREFORE, BE IT RESOLVED that the Mayor and Council of the Borough of
Franklin Lakes, County of Bergen and State of New Jersey are hereby requesting that the County
of Bergen review and approve the re-striping of the Franklin Avenue downtown Commerce Street
to I287, substantially as shown on the Boswell concept plans; and,
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September 19, 2023 Minutes
BE IT FINALLY RESOLVED that a copy of this resolution be forwarded to Bergen County
Engineer Joseph A. Femia, P.E., Bergen County Supervisor of Roads Thomas Connolly and
Boswell Engineering.
Motion by Council President Bonagura to approve Resolution 240-23 supporting restriping of
Franklin Avenue Downtown, Commerce Street to I-287; seconded by Councilmember Kelly.
Resolution read by title and introduced by Councilmember Lambrix, seconded by Councilmember
Kelly.
Roll Call Vote:
Ayes: Ansh, Bonagura, Sheppard, Kahwaty
Nays: Cardenas, Kelly, Lambrix
Abstain:
Absent:
Motion Approved
Resolution 241-23 Supporting Re-Striping of Franklin Avenue Downtown Railroad
Crossing to Pulis Avenue
WHEREAS, the Mayor and Council of the Borough of Franklin Lakes are desirous of making
certain changes to the striping and markings ("re-striping") on Franklin Avenue, a County of
Bergen street, in the "downtown" corridor from Railroad Crossing to Pulis Avenue; and,
WHEREAS, Boswell Engineering has prepared a concept plan which depict the re-striping,
entitled: "Railroad Crossing to Pulis Avenue,"dated June 2023,with last edit dated 9/1/2023 ("the
Boswell concept plans"), which plans are incorporated by reference herein; and,
WHEREAS, the Mayor and Council are seeking the County's approval of the re-striping of the
Franklin Avenue downtown Railroad Crossing to Pulis Avenue, substantially as shown on the
Boswell concept plans;
NOW THEREFORE, BE IT RESOLVED that the Mayor and Council of the Borough of
Franklin Lakes, County of Bergen and State of New Jersey are hereby requesting that the County
of Bergen review and approve the re-striping of the Franklin Avenue downtown Railroad Crossing
to Pulis Avenue, substantially as shown on the Boswell concept plans; and,
BE IT FINALLY RESOLVED that a copy of this resolution be forwarded to Bergen County
Engineer Joseph A. Femia, P.E., Bergen County Supervisor of Roads Thomas Connolly and
Boswell Engineering.
Motion by Council President Bonagura to approve Resolution 241-23 supporting restriping of
Franklin Avenue Downtown Railroad crossing to Pulis Avenue, seconded by Councilmember
Sheppard.
Roll Call Vote:
Ayes: Ansh, Bonagura, Sheppard, Kahwaty
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September 19, 2023 Minutes
Nays: Cardenas, Kelly, Lambrix
Abstain:
Absent:
Motion Approved
Action on Minutes
Motion to accept the following minutes made by Council President Bonagura, and seconded by
Councilmember Kelly:
June 19, 2023 Parsons Pond Park Planning Committee
• August 1, 2023 Work Session
• August 1, 2023 Closed
Roll Call Vote:
Ayes: Ansh 6/19, Bonagura 6/19, 8/1, Kelly 6/19, 8/1, Lambrix 8/1, Sheppard 6/19
Nays:
Abstain: Ansh 8/1, Cardenas 6/19, 8/1, Lambrix 6/19, Sheppard 8/1
Absent:
Motion Approved
Old Business
• Election Polling Places
Borough Clerk Rulli gave an update on the County's actions regarding polling places which have
become overly congested. She will continue to work with County.
0 Open Space Tax Referendum
Mr. Hart discussed a flyer to promote the open space tax referendum. Discussion was held on the
format and it was agreed that it should be an informational piece only and be posted on the website
and social media. It will not be mailed or used as a platform for any election campaigns. Mayor
Kahwaty added that this was created in response to public suggestion.
New Business
Councilmember Kelly mentioned a recreation committee meeting at end of September and
Mr. Hart mentioned that the playground can be discussed further at that time and input from the
moms can be solicited. Mr. Hart suggested they meet September 27, before the work session.
Mr. Hart will notify Dana Stergiou and ask her to represent the Moms in order to consolidate and
narrow down ideas.
Council President Bonagura discussed why we are charging such an exorbitant amount of money
for charitable functions for Fire Department presence under the Firewatch Ordinance.
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September 19, 2023 Minutes
Mayor Kahwaty stated there is no exception for charitable organizations. Discussion ensued on
the risks. Councilmember Sheppard asked about number of Firemen and Police required and that
you never want to sacrifice safety for economics. Mr. Hart suggested having the Fire Official come
in to discuss this in detail.
Mr. Smith mentioned that this is also addressed by a NJ State statute, and Mayor Kahwaty stated
he is inclined to defer to his judgement the Fire Official, but wants to know the reasons why.
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 September 19, 2023 which
begins at 7:30 PM, in the Council Chambers at the Municipal Building to discuss the following:
• Personnel:
o Unused Sick Leave
o Department of Public Works
o Police Department
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 10:09 PM by Council President Bonagura, seconded
by Councilmember Lambrix. On voice vote, all in favor.
The Mayor and Council returned to open session at 10:14 PM.
Adiournment
Motion to adjourn the meeting was made at 10:14 PM by Councilmember Lambrix, seconded by
Councilmember Kelly. On voice vote, all in favor.
Resolution 231-23 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$458,185.04 as shown on the Claims Bill List; $750.00 as shown
on the Soil Account Bill List; and $199.00 as shown on the Developers Escrow List.
BE IT FURTHER RESOLVED, that the payroll of September 14, 2023 in the amount of
$279,041.11 is hereby ratified and approved.
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Resolution 232-23 Award Contract—Ladder Truck
WHEREAS, the Borough of Franklin Lakes is authorized pursuant to N.J.S.A. 52:34-6.2(b)(3)to
use alternative procurement methods by entering into nationally recognized cooperative
purchasing agreements, provided certain requirements are met; and;
WHEREAS, the Franklin Lakes Volunteer Fire Department has recommended the award of a
contract for the purchase of a ladder truck to Fire & Safety Services Ltd. ("Fire & Safety") based
on a proposal dated September 11, 2023,which was submitted in accordance with a bid submitted
by Fire & Safety to the Houston-Galveston Area Counsel ("HGAC"), a national cooperative; and,
WHEREAS, the HGAC and the contract award by the HGAC to Fire & Safety meet the
requirements of State law for awarding contracts through national cooperatives, including the
following:
• The Fire & Safety contract was awarded through a competitive bidding process that
complies with the laws covering the issuing entity;
• The HGAC is a contracting unit as defined by statute; and
• The HGAC bid was advertised as a national cooperative contract;
WHEREAS, Fire & Safety has submitted required documentation with its proposal, including the
following:
• New Jersey Business Registration certificate;
• Non-Collusion Affidavit and Stockholder Disclosure statement; and
• Proof of EEO compliance;
WHEREAS, as required by State statute, the Mayor and Council are satisfied, based on the
information and representations presented to it, that the use of the HGAC contract shall result in
cost savings after all factors have been considered; and,
WHEREAS, as recommended by New Jersey Division of Local Government Services Local
Finance Notice 2012-10, the Borough published a Notice of Intent to Award a Contract under a
National Cooperative Purchasing Agreement establishing a comment period for the award of the
contract to Fire & Safety under the HGAC contract; and,
WHEREAS, during the comment period, no comments were received by the Borough;
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 Franklin Lakes
Volunteer Fire Department be and is hereby approved and that a contract for the purchase of a
ladder truck be and is hereby awarded to Fire & Safety Services Ltd. in the amount of
$1,733,697.41 in accordance with its proposal dated September 11, 2023, less applicable
discounts, for a net cost of$1,659,793.53; and,
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BE IT FURTHER RESOLVED that the Chief Financial Officer has certified the availability of
funds for this purchase,
Account: Ordinance No. 1922
Certification of Funds:
William G. Pike, Chief Financial Officer
BE IT FINALLY RESOLVED that a copy of this resolution be provided to Fire & Safety
Services Ltd., the Houston-Galveston Area Counsel and the Fire Chief.
Resolution 233-23 Borough Civil Rights
WHEREAS, it is the policy of the Borough of Franklin Lakes to treat the public, employees,
prospective employees, appointees, volunteers and contractors in a manner consistent with all
applicable civil rights laws and regulations including, but not limited to, the Federal Civil Rights
Act of 1964 as subsequently amended,the New Jersey Law against Discrimination,the Americans
with Disabilities Act and the Conscientious Employee Protection Act, and,
WHEREAS,the Mayor and Council of the Borough of Franklin Lakes has determined that certain
procedures need to be established to accomplish this policy;
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 no official, employee, appointee or
volunteer of the Borough, by whatever title known, or any entity that is in any way a part of the
Borough, shall engage, either directly or indirectly in any act, including the failure to act, that
constitutes discrimination, harassment or a violation of any person's constitutional rights while
such official, employee, appointee volunteer, or entity is engaged in or acting on behalf of the
Borough's business or using the facilities or property of the Borough; and,
BE IT FURTHER RESOLVED that the prohibitions and requirements of this resolution shall
extend to any person or entity, including but not limited to any volunteer organization or inter-
local organization, whether structured as a governmental entity or a private entity, that receives
authorization or support in any way from the Borough to provide services that otherwise could be
performed by the Borough; and,
BE IT FURTHER RESOLVED that discrimination, harassment and civil rights shall be defined
for purposes of this resolution using the latest definitions contained in the applicable Federal and
State laws concerning discrimination, harassment and civil rights; and,
BE IT FURTHER RESOLVED that the Borough Administrator shall establish written
procedures for any person to report alleged discrimination,harassment and violations of civil rights
prohibited by this resolution, and such procedures shall include alternate ways to report a
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complaint so that the person making the complaint need not communicate with the alleged violator
in the event the alleged violator would be the normal contact for such complaints; and,
BE IT FURTHER RESOLVED that no person shall retaliate against any person who reports any
alleged discrimination, harassment or violation of civil rights, provided however, that any person
who reports alleged violations in bad faith shall be subject to appropriate discipline; and,
BE IT FURTHER RESOLVED that the Borough Administrator shall establish written
procedures that require all officials, employees, appointees and volunteers of the Borough as well
as all other entities subject to this resolution to periodically complete training concerning their
duties, responsibilities and rights pursuant to this resolution; and,
BE IT FURTHER RESOLVED that the Borough Administrator shall establish a system to
monitor compliance and shall report at least annually to the Mayor and Council the results of the
monitoring; and,
BE IT FURTHER RESOLVED that, at least annually, the Borough Administrator shall cause a
summary of this resolution and the procedures established pursuant to this resolution to be
communicated within the Borough, and this communication shall include a statement from the
Mayor and Council expressing its unequivocal commitment to enforce this resolution, and this
summary shall also be posted on the Borough's web site; and,
BE IT FURTHER RESOLVED that this resolution shall take effect immediately; and,
BE IT FINALLY RESOLVED that a copy of this resolution shall be published in the official
newspaper of the Borough in order for the public to be made aware of this policy and the
Borough's commitment to the implementation and enforcement of this policy.
Resolution 234-23 Facilities Use Permit—Cub Scouts Pack 134
WHEREAS, Cub Scouts Pack 134 has requested the use of the Franklin Lakes Nature Preserve
for its Fishing Derby to be held from 5 p.m. to 6 p.m. on Thursday, October 5, 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 Cub Scouts Pack 134 is hereby
granted permission to use Borough facilities,Franklin Lakes Nature Preserve,for its Fishing Derby
to be held from 5 p.m. to 6 p.m. on Thursday, October 5, 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 Cub Scouts
Pack 134 and the Community Director.
Resolution 235-23 Hold Harmless Agreement—722 Jenny Trail
Regular Meeting of the Mayor and Council Page 15
September 19, 2023 Minutes
WHEREAS,Vivek Sankaran and Vasuda Vats are the owners of the property located at 722 Jenny
Trail, Block 3202.01, Lot 10 in the Borough of Franklin Lakes, County of Bergen, and State of
New Jersey; and,
WHEREAS,the owners have requested the right to construct a fence within a Borough easement;
and,
WHEREAS, the Borough Engineer has indicated that the Borough's drainage easement does not
contain a drainage ditch and is not presently being utilized, and the flow of runoff will not be
impeded by the installation of the proposed fence; and therefore, it is hereby
RESOLVED by the Mayor and Council of the Borough of Franklin Lakes as follows:
1. The owner his hereby authorized to install a fence, as described in Exhibit A, within
the Borough's drainage easement provided that the owners execute the proposed Hold Harmless
Agreement attached hereto as Exhibit B, and comply with all of the terms contained therein.
2. The Mayor and Borough Clerk are hereby authorized to sign a Hold Harmless
Agreement with the property owners which shall require compliance with the letter of August 15,
2023 from Boswell Engineering, Exhibit C, and be in a form approved by the Borough Attorney.
Resolution 236-23 Tax Refund—400 Indian Trail Drive
WHEREAS, the property listed below filed an assessment appeal with the Tax Court of
New Jersey; and,
WHEREAS,the Tax Court reduced their assessment which results in a reduction in property taxes
previously paid for the year 2020, on Block 1110.02, Lot 2, known as 400 Indian Trail Drive,
which was previously owned by BK Partners LLC; and,
WHEREAS, N.J.S.A. 54:3-27.2 provides that, in the event a taxpayer is successful in an appeal
from a reduced assessment,the taxing district shall refund any excess taxes paid within 60 days of
the date of the judgment;
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 listed below which shall be charged
against Tax Appeals.
Block Lot Assessment Reductions Refund
1110.02 2 $ 100,000 (2020) $ 1,648.00
Total Refund $ 1,648.00
All checks made payable to:
Spiotti & Associates, P.C.
Attorney Trust Account
P.O. Box 30
Regular Meeting of the Mayor and Council Page 16
September 19, 2023 Minutes
Midland Park, NJ 07432
Resolution 237-23 Tax Refund—705 Carriage Lane
WHEREAS, the property listed below filed an assessment appeal with the Tax Court of
New Jersey; and,
WHEREAS,the Tax Court reduced their assessment which results in a reduction in property taxes
previously paid for the year 2022, on Block 1604.08, Lot 3, known as 705 Carriage Lane, which
is owned by GMR Trust Richard Raphael Trustee; and,
WHEREAS, N.J.S.A. 54:3-27.2 provides that, in the event a taxpayer is successful in an appeal
from a reduced assessment,the taxing district shall refund any excess taxes paid within 60 days of
the date of the judgment;
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 listed below which shall be charged
against Tax Appeals.
Block Lot Assessment Reductions Refund
1604.08 3 $ 100,000 (2022) $ 1,686.00
Total Refund $ 1,686.00
All checks made payable to:
Michael I Schneck, Trustee
GMR Trust, R.Raphael Trustee
23 Vreeland Road, Suite 270
Florham Park, NJ 07932
Respectfully submitted,
a M. Rulli, Borough Clerk