HomeMy Public PortalAbout2023-10-03 Work Session Meeting Minutes BOROUGH OF FRANKLIN LAKES
Regular Meeting of the Mayor and Council
October 3, 2023
A regular meeting of the Mayor and Council was held at 6:00 PM on October 3, 2023 in the
Municipal Building.
Meeting Called to Order
Roll Call
The following Council Members and Professional Staff responded to the roll call:
Mayor Kahwaty, Councilmember Ansh, Council President Bonagura, Councilmember Cardenas,
Councilmember Kelly, Councilmember Lambrix, Councilmember Sheppard, Borough
Administrator Hart, Borough Attorney Smith, and Borough Clerk Rulli. Affordable Housing
Attorney Edwards and Borough Planner McManus were also present.
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 and First Responders
Proclamation
Mayor Kahwaty read the proclamation.
PROCLAMATION
KNOCK OUT OPIOID ABUSE DAY
OCTOBER 6, 2023
WHEREAS, New Jersey is in the midst of a life-threatening opioid abuse epidemic; and,
WHEREAS, the Partnership for a Drug-Free New Jersey has designated October 6, 2023, as
Knock Out Opioid Abuse Day — an initiative with a multiple purposes: to raise awareness of the
potential for dependency on prescribed pain medicine and its link to heroin and fentanyl use in our
state; to reduce stigma of addiction and shine a light on the need for recovery support; and to
communicate to physicians information on safer prescribing messages found in the Centers for
Disease Control and Prevention guidelines for prescribing opioids, which include considering
other therapies, setting realistic treatment goals with patients and discussing with patients the
positives and negatives of opioids; and,
WHEREAS, the State Senate and General Assembly jointly resolved that October 6 shall be
permanently designated as Knock Out Opioid Abuse Day in New Jersey in order to raise awareness
about the dangers of, and the link between, prescription opioid abuse and heroin addiction and to
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educate health care providers, community leaders, state lawmakers and members of the public
about the opioid abuse epidemic and its effects throughout the State of New Jersey and across the
country; and,
WHEREAS, the Borough of Franklin Lakes supports initiatives designed to raise awareness
about opioid abuse in New Jersey and take steps to prevent addiction;
NOW THEREFORE I, CHARLES J. X. KAHWATY, Mayor of the Borough of Franklin
Lakes, County of Bergen, and State of New Jersey, do hereby proclaim October 6, 2023 as Knock
Out Opioid Abuse Day in the Borough of Franklin Lakes.
IN WITNESS HEREOF, I have hereunto set my Hand and caused the Seal of the Borough
of Franklin Lakes to be affixed this 3rd day of October, 2023.
Ordinances for Final Reading and Adoption
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
Motion made by Councilmember Kelly to carry Ordinance 1927 to November 9, 2023, seconded
by Councilmember Cardenas.
Councilmember Kelly cited several reasons for objecting and stated she wished to hold off voting
until after the Fair Share hearing on October 24, 2023.
Councilmember Cardenas spoke about federal use, stating it is not a good idea.
Mr. Edwards stated the settlement agreement has a deadline and not meeting it opens potential
remedies by the developer. The ordinance, if approved tonight or not, will still be determined by
the results of the Fairness Hearing. If the Council votes yes tonight and Court votes no on
October 24, 2023,the ordinance will be null and void.
Mr. Smith asked if we will have more information on October 24, 2023 or if this is just kicking
the decision down the road.
Councilmember Kelly stated she wishes to discuss the Planning Board comments in more detail.
Councilmember Lambrix said the Planning Board brought up some issues and he still has concerns
as well. He wants to sit down with the developer again to tighten up these concerns based on the
Planning Board recommendations.
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Motion to carry the ordinance was made by Councilmember Kelly, seconded by Councilmember
Cardenas.
Roll Call Vote:
Ayes: Bonagura, Cardenas, Kelly, Lambrix
Nays: Ansh, Sheppard
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.
Mike Gutusso, 168 Birch Road, stated in his opinion, if the Borough goes into litigation it would
be the Mayor and Council's fault for entering the agreement with Hekemian. The Council should
not have been advised to consider any agreement prior to the Fair Share Hearing. Mr. Gutusso
stated if the developer could have filed a builder's remedy suit, they would already have done it.
Rob Simon, Attorney for Herold Law, stated for clarification that public comments do not have to
specifically pertain to the Ordinance, additionally he stated he represents the Franklin Lakes
Residents for Responsible Development, LLC and mentioned that documents have been filed. He
reminded everyone that this is an opportunity to work with Counsel and the developer and include
members of the community who have voiced concerns and objectives, and want resolution.
Mr. Simon stated this is the time to arrive at something that makes sense for everyone.
Chris Russo, 303 Lenape Drive, spoke about how residents with 1950s homes who want to build
additions or make renovations have been told they cannot go to Planning Board with multiple
items, yet this developer doesn't even own the property, seemingly has the ability to circumvent
the rules that residents are held to.
Mr. Smith stated the difference between a permit for alternations and a building plan. He stated
the builder will have to do a plan when he gets to that point in time.
John Marmora, Land Use Attorney for Janet and Samantha Braen stated Mr. Simon has already
summed up what he wanted to say. He appreciated Councilmember Kelly's motion and stated
there are important issues brought up by the Planning Board that will affect the residents and his
clients. This Ordinance requires a lot more `tweaking'.
Motion to close the time for public comment was made by Councilmember Sheppard, seconded
by Councilmember Kelly. On voice vote, all in favor.
Consent Agenda Resolution 242-23
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
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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 243-23 Accept Report of Finance Committee
Resolution 244-23 Authorize Advertisement for Bids —Borough Hall Generator
Resolution 245-23 Award Emergency Contract—Fire Department Air Conditioning
Compressors
Resolution 246-23 Change Order 41 —2023 Road Program
Resolution 247-23 Professional Development Policy Stipend
Resolution 248-23 Redeem Tax Lien Certificate - 852 Woodfield Road
Resolution read and introduced by Council President Bonagura, seconded by Councilmember
Cardenas.
Roll Call Vote:
Ayes: Ansh, Bonagura, Cardenas, Kelly, Lambrix, Sheppard
Nays:
Abstain:
Absent:
Motion Approved
Old Business
None
New Business
None
Adjournment
Motion to adjourn the meeting was made at 6:27 PM by Council President Bonagura, seconded by
Councilmember Lambrix. On voice vote, all in favor.
Resolution 243-23 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$5,729,055.12 as shown on the Claims Bill List; $9,073.71 as
shown on the Soil Account Bill List; and $276.00 as shown on the Developers Escrow List.
BE IT FURTHER RESOLVED, that the payroll of September 28, 2023 in the amount of
$338,826.46 be hereby ratified and approved.
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Resolution 244-23 Authorize Advertisement for Bids —Borough Hall Generator
BE IT RESOLVED, by the Mayor and Council of the Borough of Franklin Lakes that the
Borough Administrator is hereby authorized to advertise for bids for the Borough Hall Generator
Project.
Resolution 245-23 Emergency Contract Award—Bender Court Firehouse Air Conditioning
Compressors
WHEREAS,two air conditioning compressors at the Bender Court Firehouse recently failed; and,
WHEREAS, the Superintendent of Public Works, immediately contracted for the replacement of
the two compressors; and,
WHEREAS, the Borough Administrator, in accordance with NJSA 40A:11-6, formed a
conclusion based on the recommendations of the Superintendent of Public Works Borough
Engineer that an emergency affecting public health, safety and welfare exists requiring the
immediate contracting for the replacement of the compressors; and,
WHEREAS, the Superintendent of Public Works contracted for the work with Whalen & Ives,
Inc., 180 Kinderkamack Road, Park Ridge, New Jersey 07656, in the amount of$9,310.00;
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 an emergency contract for replacement of
two air conditioning compressors for the Bender Court Firehouse be and is hereby awarded to
Whalen & Ives, Inc., for the invoiced amount of$9,310.00; and,
BE IT FURTHER RESOVLED that the Chief Financial Officer has certified the availability of
funds for this contract,
Account: Public Building & Grounds/Maintenance of Buildings
Account No.: 3-01-26-310-024
Certification of Funds:
William G. Pike, Chief Financial Officer
BE IT FINALLY RESOLVED that a copy of this resolution be forwarded to Whalen & Ives,
Inc., and the Superintendent of Public Works.
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Resolution 246-23 Change Order No. 1 —2023 Road Program
RESOLVED, by the Mayor and Council of the Borough of Franklin Lakes, that Change Order
Number 1 be approved in accordance with the requirements of N.J.A.C. 5:30-11.1 et seq.
GENERAL CONSTRUCTION Old Mill Road (Section 6) Improvements and the
2023 Road Resurfacing Program
ENGINEER Boswell Engineering
CONTRACTOR J.A. Alexander, Inc.
130-158 John F. Kennedy Dr. N
Bloomfield, NJ 07003
ORIGINAL CONTRACT COST $799,635.20
COST OF CHANGE ORDER 41 $17,590.00
NEW CONTRACT SUM $817,225.20
NATURE OF CHANGES Asphalt Path at Municipal Park
Resolution 247-23 Professional Development Policy Stipend
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 a professional
development stipend to Administrative Assistant to Construction Department Erica Davenport for
her Planning/Zoning Board Secretary certification in the amount of $85.00 for 2023 ($250.00
prorated from the date of hire), with the full amount of$250.00 to be included in the employee's
2024 salary;
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; and,
BE IT FINALLY RESOLVED that a copy of this resolution be forwarded to Erica Davenport
and the Payroll Administrator.
Resolution 248-23 Redeem Tax Lien Certificate - 852 Woodfield Road
WHEREAS, at the Tax Sale held on October 22nd, 2021 the Borough of Franklin Lakes sold a tax
lien on Block 1303.01, Lot 4, known as 852 Woodfield Road, Franklin Lakes, NJ 07417, for
delinquent 2020 taxes, property owned by Halt Properties LLC; and,
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WHEREAS, this Tax Lien Certificate 421-00003 was sold to Robert Rothman Pension Plan,
whose address is 411 Grand Avenue, Englewood, NJ 07631, at zero percent interest rate, and a
premium of$205,000.00; and,
WHEREAS, Tony Valvano, the managing member of Halt Properties LLC, has redeemed
Certificate 421-00003, in the amount of$107,600.58;
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$312,600.58 to Robert Rothman
Pension Plan, whose address is 411 Grand Avenue, Englewood, NJ 07631.
Principal $ 85,326.62
Redemption Penalty 1,000.32
Tax Penalty 3,474.50
Interest 17,732.14
Recording Fee 55.00
Other Fees 12.00
Redemption Total: $107,600.58
Plus Premium: $205,000.00
Grand Total: $312,600.58
Respectfully submitted,
l M. Rulli, Borough Clerk