HomeMy Public PortalAbout2023-10-10.2 Special Work Session Meeting Minutes BOROUGH OF FRANKLIN LAKES
Special Work Session of the Mayor and Council
October 10, 2023
A special work session meeting of the Mayor and Council was held at 7:30 PM on
October 10, 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 Kelly, Councilmember
Lambrix, Councilmember Sheppard, Borough Administrator Hart, Borough Attorney Smith, and
Borough Clerk Rulli. Councilmember Cardenas arrived at 9:13 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
Appointment
• Matthew Pezzuti—Junior Member Franklin Lakes Volunteer Fire Department
Motion made by Councilmember Kelly to make the above-mentioned appointment, seconded by
Councilmember Ansh.
Roll Call Vote:
Ayes: Ansh, Bonagura, Kelly, Lambrix, Sheppard
Nays:
Abstain:
Absent: Cardenas
Motion Approved
Time for Public Comment
Motion to open the time for public comment was made by Councilmember Lambrix, seconded by
Councilmember Kelly. On voice vote, all in favor.
Mayor Kahwaty reviewed the procedure for the public comment portion of the meeting.
John Matarese, resident, asked if these meeting rules are in writing and if this was something new.
Mr. Hart responded they are in the by-laws and this was simply a reminder for everyone.
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October 10, 2023 Minutes
Mr. Matarese discussed the leadership in the Police Department and asked if anyone has a
document talking about the changes and when and where it was made public. Mr. Smith stated
there was no formal announcement made.
Councilmember Kelly questioned the issue of not ceding time during public comment.
Councilmember Sheppard stated the meetings follow Robert's Rules.
Mike Guttuso, 168 Birch Road, stated he feels the relationship between the Mayor and Council
and the residents is heading in the wrong direction, it should not be adversarial, and everyone
should work toward a common resolution.
Marianne Krantz, 833 Stonewall Court, asked if there had been any discussion about the advice
provided by the two attorneys who spoke at a previous meeting who suggested taking input from
the residents. Mayor Kahwaty stated the Council will respond at the end of public comment.
Joe Barbuto, 1 Deer Trail, asked why the public was excluded from the Cigna meeting and why it
was closed. Mr. Smith explained that negotiations and strategies are discussed in closed session
and making them public would give the other party an advantage.
Samantha Braen-Magarro, 820 Old Mill Road, echoed the sentiments of fellow residents. She
stated Franklin Lakes Residents for Reasonable Development had a meeting and fundraising event
and over 70 people came and all were willing to work together. Stifling the constituents makes it
seem like the Mayor and Council don't want feedback.
Motion to close the time for public comment was made by Councilmember Kelly, seconded by
Councilmember Sheppard. On voice vote, all in favor.
Mayor Kahwaty stated the Mayor and Council are not trying to limit discussion, and the time limit
allows for more people to speak. He stated he feels he and the Council have listened to the
residents, made changes at their request, and are doing the best they can.
Mr. Smith stated that five minutes for comment is standard and not an attempt to stifle the public.
Councilmember Lambrix stated he understands how people feel about the five minute rule, but
when there are five hundred people in a room, some boundries need to be set.
Mr. Smith stated Mr. Edwards reached out to the other Attorneys who spoke at previous meetings,
and they have not raised any additional points that the Mayor and Council have not already
considered.
Engineers Report
Eileen Boland reviewed the status report. She stated a recent storm caused damage to the Nature
Preserve lower dam and culvert and the Engineers stated the road should be closed until the culvert
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is repaired. FEMA previously approved funds to complete this project and it is anticipated to be
completed by the spring, depending on the DEP's schedule.
Consent Agenda Resolution 249-23
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 250-23 Award Contract- 2024 Borough Calendar Packet
Resolution read and introduced by Council President Bonagura, seconded by Councilmember
Sheppard.
Roll Call Vote:
Ayes: Ansh, Bonagura, Kelly, Lambrix, Sheppard
Nays:
Abstain:
Absent: Cardenas
Motion Approved
Resolution
• Approve Agreement with DPW Worker [following Closed Session]
Mayors Report
Mayor Kahwaty had no report.
Committee/Liaison Reports
Parks and Recreation
Councilmember Ansh reported on the tailgating on Sunday, the game scores, and stated the new
portable bathrooms are working out great. The 8 h grade soccer team does not have enough kids,
so Parks and Recreation is putting together scrimmages so they can play. Travel basketball tryouts
have begun. The Baseball Boosters are running the snack shed and hope to add apparel and other
items to sell. He stated he went to Alice & Buds Meadow, a Green Acres property, to review how
to use it. For Parsons Pond Park a fountain, shade trees, and benches have been considered. The
equipment swap shed is working out well.
Councilmember Kelly reported that Eats & Beats has been rescheduled to October 21, 2023.
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Mr. Hart reported he was able to implement a transfer of the Bergen County Open Space Grant
and is waiting on information from one of the playground companies. Community Director Dina
Robinson will attend the October 17 Mayor and Council meeting to discuss ideas.
Environment& Community Affairs/Library
In Councilmember Cardenas' absence, Mr. Hart read her report on current events at the Library
including welcoming the new Library Director, Elysse Fink; the Library Foundation Board is
seeking new members and about to start their patio project; the Friends of the Library will no
longer be offering pavers through their fundraising letter.
Ramapo Indian Hills Board of Education is interviewing for an interim Superintendent, and the
Board is considering rotating block scheduling.
The Board of Health Sanitary Engineer Martin Spence has cleared a backlog of septic inspections.
Adel Tantawi, the Indian Hills High School Board of Health liaison, attended their meeting to
report an increase in tick-borne diseases. Namitha Reddy, the Borough's Health Officer from
North West Bergen County reported an increase in Covid cases in long-term care settings.
The Shade Tree Commission meeting was attended by the new Forester, Evan Dilluvio, who
reported most of spotted lantern flies have reached the end of their lifespan and died. The
Commission is working on a delayed Arbor Day 2023 recognition. Former Mayor Bivona was
also in attendance to discuss the trees at Most Blessed Sacrament.
The Environmental Commission has concerns about the demolition of the Cigna property and
discussed a letter Mr. Columbo sent to the Mayor and Council that described potential health
hazards. The Community Garden has produced 90 pounds of vegetables,the plants at the Butterfly
Garden are thriving, and the Commission is considering future initiatives to increase composting
participation.
Councilmember Sheppard reported that a separate meeting to discuss the tree ordinance is
scheduled. Mayor Kahwaty stated that Tree Specialist Evan Dilluvio has been working very hard
with everyone to help clarify the ordinance. Mr. Hart added that Mr. Dilluvio has done a great job.
Public Safety
• Fire Department Recruitment and Retention
• Bender Court Fire House Renovation
Council President Bonagura stated reported the number of volunteers continues to go down. After
numerous meetings, a stipend plan is being considered, and there is a concern out of town
volunteers will need a bunkhouse for overnight response.
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Councilmember Sheppard spoke about the costs associated with the expansion, growth to the town,
the immediate needs of the Fire Department, and his conversations with the Fire Chief regarding
the five year plan. He noted several areas of concern and is awaiting answers.
Council President Bonagura stated this is a safety issue and we need a team to respond to fires.
Councilmember Lambrix stated it must be considered in the context of the budget.
• Police Private Duty Rates
Council President Bonagura mentioned that there are two new police officers for the schools who
need to be equipped. There is a shortage of cars and a need for two additional cars. Mr. Hart will
work with Captain McCombs to discuss needs and timing.
Planning and Development
• Fire Certificates and Lead Based Paint Inspections
Mr. Hart reviewed the proposed ordinance for introduction on the October 17'h meeting.
• Mandatory Affordable Housing Set Aside Ordinance
Mr. Hart reviewed a letter from the Affordable Housing Counsel citing rationale for this ordinance.
Councilmember Lambrix and Mr. Smith stated they do not see any benefit and Mr. Smith agreed
to speak with Mr. Edwards and report back.
0 Ordinance No. 1927—Planning Board Recommendations
Mr. Hart stated Planning Board recommendations will be discussed at a future meeting.
Administration and Finance
• Amendment to Personnel Policies and Procedures Manual
Mr. Hart stated that the Joint Insurance Fund (JIF) requires an amendment to policies to conform
to their model policies in accordance with current law. There being no objections, he will have it
ready for the October 17, 2023 meeting.
• By-Laws of Borough Council Amendments
Mr. Hart stated that the by-laws committee met, which included Councilmember Lambrix,
Councilmember Cardenas and special guest Council President Bonagura,who had suggested these
revisions to the by-laws.
Following discussion and several informal votes, the Mayor and Council agreed the Council
President be elected by members of the Council and serve no more than two consecutive years and
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October 10, 2023 Minutes
roll call be in alphabetical order with Council President last, and allow for an extension of time
during public's opportunity to speak.
• 2024 Mayor & Council Meeting Dates
There being no objections to the proposed 2024 Council Meeting dates, they will be formally
adopted at the last meeting of the year.
Councilmember Lambrix reported he will be meeting with CFO William Pike to get the most
recent budget update.
Public Works
Councilmember Kelly stated there is an open position at the DPW and Superintendent Richard
Lilienthal has begun interviews.
• Privately Owned Salt Storage Ordinance
Mr. Hart stated private salt storage is a condition of the storm water management rules and needs
to be included in our tree ordinance. There being no objections, the ordinance will be introduced
on October 17.
Borough Administrator's Report
Mr. Hart had nothing new to add to his report.
Old Business
None
New Business
None
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, October 10, 2023
which begins at 7:30 PM, in the Conference Room at the Municipal Building to discuss the
following:
Collective Bargaining—PBA
Contractual—Hovnanian Sewers
• Pending Litigation—Settlement of Tax Appeal - 400 Saddle Back Trail
• Personnel—Construction Department
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• Personnel —DPW Worker
• Personnel —Police Chief
• 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 9:11 PM by Council President Bonagura, seconded
by Councilmember Sheppard. On voice vote, all in favor.
Councilmember Cardenas arrived at 9:13 PM.
The Mayor and Council returned to open session at 9:53 PM. The resolution to Approve
Agreement with DPW Worker was not considered.
Adiournment
Motion to adjourn the meeting was made at 9:53 PM by Councilmember Kelly, seconded by
Councilmember Lambrix. On voice vote, all in favor.
Resolution 250-23 Award Contract—Printing of Borough Calendar Packet
WHEREAS, the Borough Administrator solicited proposals for the layout, design and printing of
the 2024 Borough calendar packet; and,
WHEREAS, the Borough Administrator recommends that the contract for the layout, design and
printing of the 2024 Borough calendar packet be awarded to the printer with the lowest cost
proposal, Print Solutions, 320 South Dean Street, Englewood,New Jersey 07631, for the proposal
amount of not to exceed $13,005.00; and,
WHEREAS, this cost will be offset in part by the sale of advertisements within the calendar and
Clean Communities grant funding;
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 approved and the contract for the layout, design and printing of the 2024 Borough
calendar packet is hereby awarded to Print Solutions, for the proposal amount of$13,005.00; and,
WHEREAS,the Chief Financial Officer has certified the availability of funds for this purchase,
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October 10, 2023 Minutes
Budget: Administration Budget: Tax Collection
Account: Newsletter Account: Office Expenses
Account Number: 3-01-20-100-102 Account Number: 3-01-20-145-058
Amount: $4710.00 Amount: $455.00
Budget: Clean Communities Grant Budget: Ambulance Corps
Account Number: G-02-41-715-000 Account: Office Expenses
Amount: $6375.00 Account Number: 3-01-25-260-058
Amount: $455.00
Budget: Recreation Services
Account: Office Expenses Budget: Fire Department
Account Number: 3-01-28-370-058 Account: Office Expenses
Amount: $555.00 Account Number: 3-01-25-265-058
Amount: $455.00
Certification of Funds:
William G.Pike, Chief Financial Officer
BE IT FINALLY RESOLVED that a copy of this resolution be forwarded to Print Solutions.
Respectfully submitted,
L//;.
1 M. Rulli, Borough Clerk