HomeMy Public PortalAbout2023-11-21 Regular Meeting Minutes BOROUGH OF FRANKLIN LAKES
Regular Meeting of the Mayor and Council
November 21, 2023
A regular meeting of the Mayor and Council was held at 7:30 PM on November 21, 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, Councilmember Cardenas, Councilmember Kelly, Councilmember
Lambrix, Councilmember Sheppard, Council President Bonagura, 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 and First Responders
Appointments
• Fire Inspector—Khaleel Thomas
Mr. Hart stated Mr. Thomas gave an impressive interview and is a good addition to the Borough
to replace a Fire Inspector who resigned.
Motion made by Council President Bonagura to make the above-mentioned appointment,
seconded by Councilmember Kelly.
Roll Call Vote:
Ayes: Ansh, Cardenas, Kelly, Lambrix, Sheppard, Bonagura
Nays:
Abstain:
Absent:
Motion Approved
Ordinances for Final Reading and Adoption
Motion made by Councilmember Sheppard to take up Ordinance 1928 for consideration of
adoption on second and final reading, and direct the Borough Clerk to read by title, seconded by
Councilmember Ansh. On voice vote, all in favor.
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November 21, 2023 Minutes
The Borough Clerk read the Ordinance by title only.
ORDINANCE NO. 1928
AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 220
"UNIFORM CONSTRUCTION CODES", CHAPTER 259 "FIRE PREVENTION"
AND CHAPTER 495 "ZONING PERMITS" OF THE CODE OF THE
BOROUGH OF FRANKLIN LAKES TO ESTABLISH REQUIREMENTS UPON
CHANGE OF OCCUPANCY AND FEES FOR LEAD-BASED PAINT INSPECTIONS
Councilmember Sheppard read the Ordinance by summary: This ordinance amends provisions
relating to inspection requirements upon the transfer ofproperty and establishes a fee scheduled
for lead-based paint inspections.
WHEREAS, Ordinance 1928 was introduced at a meeting of the Mayor and Council held on the
17'h day of October, 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. 1928 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.
Motion to open the hearing to the public was made by Councilmember Lambrix, seconded by
Councilmember Cardenas. On voice vote, all in favor.
Mike Guttoso, 168 Birch, inquired if only the Ordinance was being discussed during this public
hearing, which was affirmed by Mayor Kahwaty.
Motion to close the hearing to the public was made by Councilmember Kelly, seconded by
Councilmember Lambrix. On voice vote, all in favor.
Resolution read and introduced by Councilmember Sheppard, seconded by Councilmember Kelly.
Discussion -none.
Roll Call Vote:
Ayes: Ansh, Cardenas, Kelly, Lambrix, Sheppard, Bonagura
Nays:
Abstain:
Absent:
Motion Approved
Motion made by Councilmember Sheppard to take up Ordinance 1929 for consideration of
adoption on second and final reading, and direct the Borough Clerk to read by title, seconded by
Councilmember Cardenas. On voice vote, all in favor.
The Borough Clerk read the Ordinance by title only.
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November 21, 2023 Minutes
ORDINANCE NO. 1929
AN ORDINANCE SUPPLEMENTING CHAPTER 420
"STORMWATER CONTROL" OF THE CODE OF THE
BOROUGH OF FRANKLIN LAKES TO REGULATE
PRIVATELY-OWNED SALT STORAGE
Councilmember Kelly read the ordinance summary: This ordinance establishes requirements for
privately-owned salt storage in accordance with New Jersey Department of Environmental
Protection regulations.
WHEREAS, Ordinance 1929 was introduced at a meeting of the Mayor and Council held on the
17'h day of October, 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. 1929 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.
Motion to open the hearing to the public was made by Councilmember Lambrix, seconded by
Councilmember Sheppard. On voice vote, all in favor.
No one from the public came forward at this time.
Motion to close the hearing to the public was made by Councilmember Sheppard, seconded by
Councilmember Kelly. On voice vote, all in favor.
Resolution read and introduced by Councilmember Kelly, seconded by Councilmember Cardenas.
Discussion—none.
Roll Call Vote:
Ayes: Ansh, Cardenas, Kelly, Lambrix, Sheppard, Bonagura
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 Lambrix. On voice vote, all in favor.
Mike Guttuso, 168 Birch Road, thanked the Mayor and Council for the opportunity to speak. He
stated he never felt the need to come before the Council on regular basis; however, in the last ten
months or so, he and other residents have been concerned with how the Mayor and Council are
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November 21, 2023 Minutes
operating; stated there is a divide within the Council and he hopes it heals; stated this is not how
we want to act as a community; and that he has many questions and concerns regarding Hekemian
and the previous project on McCoy Road. He asked whether or not anyone on the Council was
authorized to negotiate directly with Hekemian.
Motion to close the time for public comment was made by Councilmember Kelly, seconded by
Councilmember Cardenas. On voice vote, all in favor.
Mayor Kahwaty asked if any member of the Council wished to comment. There being none,
Mayor Kahwaty stated that the negotiations are through respective Counsels as directed by
Borough procedure.
Councilmember Lambrix asked to pull Approve Memorandum of Agreement with DPW Worker
from the consent agenda. No objections.
Consent Agenda Resolution 277-23
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 278-23 Accept Report of Finance Committee
Resolution 279-23 Approve Facilities Use Permit—Chabad Jewish Center
Resolution 280-23 Approve Mountain Shadows Agreement-Payment in Lieu of Snowplowing
Resolution 281-23 Approve Use of Ambulance Corps&OEM Buildings-Activities Unlimited
Resolution 282-23 Authorizing the Utilization of Competitive Contracting for the Procurement
of Consulting Services
Resolution 283-23 Confirming Adoption of Resolution 276-23
Resolution 284-23 Hold Harmless Agreement—821 Aztec Trail
Resolution 285-23 Online Auction - GovDeals
Resolution 286-23 Refund Duplicate Tax Payment—25 Silent Nest Way
Resolution 287-23 Renew Bergen Municipal Employee Benefits Fund
Resolution 288-23 Shared Services Agreement—Lending of Vehicles and Equipment
Resolution 289-23 Budget Transfers
Resolution 290-23 Chapter 159 2023 Private Donation - Randi & Scott Pomerantz
Resolution 291-23 Chapter 159 2023 Private Donation - Heart of Gold 5K Run and Walk
Resolution 292-23 Chapter 159 2023 Donation - National Opioids Settlement FD Trust
Resolution read and introduced by Council President Bonagura, seconded by Councilmember
Sheppard.
Roll Call Vote:
Ayes: Ansh, Cardenas (except R283-23), Kelly (except R283-23), Lambrix, Sheppard,
Bonagura
Nays: Cardenas, Kelly (R283-23 Confirming Adoption of R276-23)
Abstain:
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November 21, 2023 Minutes
Absent:
Motion Approved
Resolution 293-23 Facilities Use Permit—Academy of the Most Blessed Sacrament
WHEREAS, Academy of the Most Blessed Sacrament has requested the use of the McBride Field
for its Annual Reindeer Run to be held from 9 a.m. to 2:30 p.m. on Saturday, December 16, 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 Academy of the Most Blessed
Sacrament is hereby granted permission to use Borough facilities, McBride Field, for its Annual
Reindeer Run to be held from 9 a.m. to 2:30 p.m. on Saturday, December 16, 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 Academy of the
Most Blessed Sacrament and the Community Director.
Resolution read and introduced by Council President Bonagura, seconded by Councilmember
Kelly.
Roll Call Vote:
Ayes: Ansh, Cardenas, Kelly, Lambrix, Sheppard, Bonagura
Nays:
Abstain:
Absent:
Motion Approved
Resolution to Approve Memorandum of Agreement with DPW Worker
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 is hereby authorized and directed to sign a
Memorandum of Agreement between the Borough, DPW Maintenance Worker Abel Torres and
AFSCME, which provides for the repayment by Mr. Torres of salary amounts that were
inadvertently paid to him by the Borough, which terms are incorporated by reference herein; and,
BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to Abel Torres,
AFSCME and the Chief Financial Officer.
Resolution read and introduced by Councilmember Lambrix.
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November 21, 2023 Minutes
Mr. Smith recommended holding this resolution until after closed session. He stated it falls under
Attorney Client Privilege and therefore doesn't feel it necessary to Rice Notice Mr. Torres. The
Mayor and Council agreed to remove it from the agenda and discuss in closed session.
Action on Minutes
October 3, 2023 Work Session
October 10, 2023 Special
October 10, 2023 Special Closed
October 10, 2023 Work Session Closed
October 17, 2023 Closed
Motion to accept the minutes was made by Councilmember Cardenas, and seconded by
Councilmember Kelly.
Roll Call Vote:
Ayes: Ansh, Cardenas, Kelly, Lambrix, Sheppard, Bonagura
Nays:
Abstain:
Absent:
Motion Approved
Old Business
Councilmember Lambrix reviewed a significant increase in garbage collection costs and discussed
researching the possibility of bringing garbage collection in house.
Mr. Hart referenced the resolution for consulting services approved on consent and stated the
consultant report will provide further analysis and expects to have more information in the spring.
Councilmember Sheppard stated he and Councilmember Ansh discussed a bill that was approved
for emergency tree removal at Firemans' Field. He is working with Mr. Hart to understand what
constitutes emergency tree removal and spoke about conflicting opinions as to whether the trees
were in the County right of way. Councilmember Sheppard stated would like to put a process in
place for this type of situation moving forward. Mr. Hart and Councilmember Sheppard will
continue to look into this.
New Business
Mayor Kahwaty noted that this is Councilmember Sheppard's last Council meeting for a few
weeks, congratulated him on his service to date, and said everyone is looking forward to his return.
Councilmember Cardenas stated that at the Environmental Commission meeting, Carole Holden
handed out a sample resolution from ANJAC looking for municipalities to oppose the expansion
of the NJ Turnpike. Councilmember Cardenas explained the expansion project and the cost, and
stated the Commission would like to know if the Mayor and Council would consider adopting this
resolution. Councilmember Cardenas will obtain additional information.
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November 21, 2023 Minutes
Introduction of Ordinances on First Reading
Motion to take up consideration of Ordinance 1932 for Introduction, and direct the Borough Clerk
to read by title was made by Councilmember Kelly, seconded by Councilmember Lambrix. On
voice vote, all in favor.
The Borough Clerk read the Ordinance by title only.
ORDINANCE NO. 1932
AN ORDINANCE AMENDING PROVISIONS OF CHAPTER 300
"LAND USE AND DEVELOPMENT" OF THE CODE OF THE
BOROUGH OF FRANKLIN LAKES TO AMEND PROVISIONS
RELATING TO TREE REMOVAL AND REPLACEMENT
WHEREAS, Ordinance 1932 was introduced at a meeting of the Mayor and Council held on the
21" day of November, 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 1932 be and the same is
hereby introduced on First Reading; and,
BE IT FURTHER RESOLVED that said Ordinance 1932 will be further considered for final
passage at a meeting of the said Mayor and Council to be held on the 191h day of December, 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 1932; 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 Council President
Bonagura. Discussion - none.
Roll Call Vote:
Ayes: Ansh, Cardenas, Kelly, Lambrix, Sheppard, Bonagura
Nays:
Abstain:
Absent:
Motion Approved
Motion to take up consideration of Ordinance 1933 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.
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November 21, 2023 Minutes
ORDINANCE NO. 1933
AN ORDINANCE AMENDING CHAPTER 89 "POLICE
DEPARTMENT" OF THE CODE OF THE BOROUGH
OF FRANKLIN LAKES TO AMEND PRIVATE DUTY RATE
WHEREAS, Ordinance 1933 was introduced at a meeting of the Mayor and Council held on the
21" day of November, 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 1933 be and the same is
hereby introduced on First Reading; and,
BE IT FURTHER RESOLVED that said Ordinance 1933 will be further considered for final
passage at a meeting of the said Mayor and Council to be held on the 191h day of December, 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 1933; 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 Council President Bonagura, seconded by Councilmember
Cardenas. Discussion ensued addressing administrative costs. Councilmember Ansh asked for the
percentage we are paid and Mr. Hart replied there is 15% administrative fee.
Councilmember Lambrix commented that he will vote in favor of this; however, he is not
convinced that this $10 differential is the reason our officers are not taking part in the off duty
work. He suggested creating a report for the year to see if the responsiveness has changed. Council
President Bonagura agreed with Councilmember Lambrix. Discussion ensued on how that might
be tracked. Mr. Hart to obtain Captain McCombs' input.
Roll Call Vote:
Ayes: Ansh, Cardenas, Kelly, Lambrix, Sheppard, Bonagura
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, November 21, 2023
which begins at 7:30 PM, in the Council Chambers at the Municipal Building to discuss the
following:
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November 21, 2023 Minutes
• Collective Bargaining—PBA
• Personnel —Police Chief
• Personnel—Quality of Life Enforcement Officer
• Personnel —Unused Sick Leave
• Personnel —DPW Worker
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 8:08 PM by Council President Bonagura, seconded
by Councilmember Kelly. On voice vote, all in favor.
The Mayor and Council moved to the Conference Room for the Closed Session and returned to
open session at 9:32 PM.
Resolution 294-23 Approve Memorandum of Agreement with DPW Worker
Resolution read by title and introduced by Council President Bonagura, seconded by
Councilmember Sheppard.
Roll Call Vote:
Ayes: Ansh, Cardenas, Kelly, Lambrix, Sheppard, Bonagura
Nays:
Abstain:
Absent:
Motion Approved
Adiournment
Motion to adjourn the meeting was made at 9:33 PM by Councilmember Kelly, seconded by
Councilmember Lambrix. On voice vote, all in favor.
Resolution 278-23 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 $366,475.52 as shown on the Claims Bill List; $2,201.50 as
shown on the Soil Account Bill List; and $1,245.70 as shown on the Developers Escrow List.
BE IT FURTHER RESOLVED, that the payroll of November 9, 2023 in the amount of
$314,747.76 and the payroll of November 23, 2023 paid on November 22, 2023 in the amount of
$317,984.05 be hereby ratified and approved.
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Resolution 279-23 Approve Facilities Use Permit—Chabad Jewish Center
WHEREAS, Chabad Jewish Center has requested the use of the Borough Hall Front Yard and
Memorial Park for its Chanukah Celebration to be held from 4:00 p.m. to 5:00 p.m. on Sunday,
December 10, 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 Chabad Jewish Center is hereby
granted permission to use Borough facilities, Borough Hall Front Yard and Memorial Park, for its
Chanukah Celebration to be held from 4:00 p.m. to 5:00 p.m. on Sunday, December 10, 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 Chabad Jewish
Center and the Community Director.
Resolution 280-23 Approve Mountain Shadows Agreement—Payment in Lieu of
Snowplowing
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 to sign
an agreement with Mountain Shadows Condominium Association, Inc. for payments in lieu of
providing snowplowing services for the period from October 1,2023 through September 30, 2024,
for the amounts specified therein; and
BE IT FINALLY RESOLVED that a copy of this resolution be forwarded to Mountain Shadows
Condominium Association, Inc., and the Superintendent of Public Works.
Resolution 281-23 Approve Use of Ambulance Corps & OEM Buildings —Activities
Unlimited
WHEREAS, Activities Unlimited has requested the use of the Ambulance Corps building on the
second Wednesday of each month during the 2024 calendar year for it's club meetings, and use of
the OEM Building meeting room when the Ambulance Corps is not available; and,
WHEREAS, pursuant to Borough Code Section 356-34, the Mayor and Council may, by
resolution, allow use by organizations that have less than a majority of their membership that are
Franklin Lakes residents "in accordance with such terms and conditions as may be set forth in the
resolution approving said use";
NOW THEREFORE, BE IT RESOLVED, that the request to use the Ambulance Corps
Building or the OEM Building on the second Wednesday of each month from 9:00 a.m. to Noon
from January 2024 to December 2024 for club meetings is approved subject to the following
conditions:
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November 21, 2023 Minutes
1. the number of people in attendance will be strictly limited to no more than the number
permitted by the Fire Official;
2. the applicant is responsible for clean-up of the Ambulance Corps Building and OEM
Building after each meeting;
3. meetings shall be permitted between the hours of 9:00 a.m. and Noon at the Ambulance
Corps Building on the second Wednesday of each month for calendar year 2024; and the
OEM Building when the Ambulance Corps is not available;
4. the applicant shall notify the Borough Clerk if it is not using the Ambulance Corps Building
or the OEM Building, as far in advance as feasible;
5. the applicant shall provide a Hold Harmless Agreement and Certificate of Insurance in
accordance with the ordinance requirements;
6. the Ambulance Corps and Office of Emergency Management shall have priority in the
event that it needs to use the meeting room during the approved times; and,
7. having provided proof under I.R.C. § 501(c)(3) as tax exempt, Activities Unlimited shall
be exempt from the fee.
Resolution 282-23 Authorizing the Utilization of Competitive Contracting for the
Procurement of Consulting Services
WHEREAS, the Borough has been granted a substantial sum of$50,000 from the NJ DCA FY
2023 Local Efficiency Achievement Program as a challenge grant, earmarked for conducting a
comprehensive feasibility study examining the potential benefits of implementing a shared service
for solid waste collection in collaboration with the Borough of Oakland and the Township of
Wyckoff, and,
WHEREAS, the Borough seeks to engage qualified individuals and firms to provide consulting
services specialized in solid waste collection for the purpose of conducting the aforementioned
feasibility study; and,
WHEREAS, in accordance with the Local Public Contracts Law, a process known as Competitive
Contracting is deemed appropriate for procuring specific services that necessitate a qualitative
evaluation of specialized goods or service providers, taking into consideration factors such as
provider expertise, pricing, and overall advantage; and,
WHEREAS, in compliance with N.J.S.A. 40A:11-4.3(a), it is mandated that for the inaugural use
of competitive contracting for a designated purpose, the governing body must pass a resolution
explicitly authorizing such use for said purpose; and,
WHEREAS, as stipulated in N.J.S.A. 40A:11-4.3(b), the administration of the competitive
contracting process is delegated to a designated Authorized Agent,who may be a purchasing agent
in accordance with N.J.S.A. 40A:11-9, legal counsel of the contracting unit, or the chief
administrative officer of the contracting unit; and,
WHEREAS, after careful consideration, the Mayor and the Borough Council have determined
that the procurement of consulting services, specifically for the solid waste collection feasibility
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November 21, 2023 Minutes
study, through the application of Competitive Contracting, is in the best interest of the Borough;
and,
WHEREAS, the utilization of competitive contracting for consulting services is expressly
authorized pursuant to N.J.S.A. 40A:11-4.1(m).
NOW, THEREFORE, BE IT RESOLVED, by the Mayor and the Borough Council of the
Borough of Franklin Lakes, situated in the County of Bergen, State of New Jersey, that the
Borough Administrator is hereby authorized to commence the competitive contracting process for
the solicitation of proposals, specifically focusing on grant writing services, in alignment with the
objectives of the awarded challenge grant.
Resolution 283-23 Confirming Adoption of Resolution 276-23
WHEREAS, on November 9, 2023, Ordinance No. 1927 was adopted by resolution of the
Governing Body; and,
WHEREAS, said resolution adopting the ordinance was on the agenda was not read in full at the
meeting and therefore, it is hereby
RESOLVED that the Clerk is directed to include, as part of the minutes of said meeting, the full
resolution, a copy of which is attached hereto.
RESOLUTION NO. 276-23 A Resolution Adopting Ordinance No. 1927
WHEREAS, Ordinance No. 1927 entitled "An Ordinance Amending Provisions of
Chapter 300 "Land Use Development" of the Code of the Borough of Franklin Lakes to
establish a Mixed Use 1 District in the Borough of Franklin Lakes was introduced at a
regular meeting of the Mayor and Council on September 5, 2023; and,
WHEREAS, said Ordinance was published as required by law; and,
WHEREAS, said Ordinance was forwarded to the Franklin Lakes Planning Board for
comment as required by N.J.S.A. 40:55 B-1, et seq.; and,
WHEREAS, the Planning Board provided its comments by letter from Mark Madaio, the
attorney for the Planning Board, dated September 25, 2023 as permitted by N.J.S.A. 4055
B-26; and,
WHEREAS, the Planning Board has commented that the proposed Ordinance is
"completely consistent with the most recent amendment to the 2019 Third Round Housing
Element and Fair Share Plan dated August 31, 2023 and "consistent with the goals and
objective of the 2021 re-examination report of the Master Plan; and,
WHEREAS, the Planning Board had further comments and suggestions, a. through L,
which the Mayor and Council have reviewed and have concluded as follows:
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November 21, 2023 Minutes
a. The definition of federal use is adequate and consistent with the settlement
agreement and adequately describes the proposed use.
b. The standards for the proposed"federal use"are reasonable and adequately detailed
to accomplish the controls and limitations intended and are similar to standards
established for other uses within the Borough.
c. Design standards are reasonable and adequate to minimize impacts on adjacent
properties.
d. Permitted building height is reasonable considering the location of the site.
e. Permitted signage is reasonable but is proposed to be reviewed in the future and
adjusted as appropriate once a detailed site plan is submitted.
f. Impact on schools has been considered and provided for as appropriate and as
permitted by law in the ordinance.
g. 3.5 acre property is sufficient and adequate for the intended purpose.
h. Setbacks are adequate as per the advice of the municipal planner.
i. Weight limits for trucks. All present restrictions on weight limits set by Section
470-10 of the Borough's Code which prohibits trucks in excess of 5 tons from
utilizing all Borough controlled roadways except when picking up and or delivering
materials to a location on a street in the Borough shall remain. In addition, trucks
over 5 tons delivering to the Hekemian property shall not be permitted on Old Mill
Road from Pulis Ave to the entrance to the site.
j. The use of the term "warehouse" is a typo and has been corrected to read "federal
use".
k. Buffering and screening have been addressed and once a site plan is presented,
additional buffering and screening can be considered.
1. Removal of existing buildings must be accomplished in accordance with state and
federal regulations. It's not necessary to repeat this requirement in the ordinance;
and
THEREFORE IT IS HEREBY RESOLVED by the Mayor and Council of the Borough
of Franklin Lakes that Ordinance 1927 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 notice
of adoption as required by law.
Resolution 284-23 Hold Harmless Agreement—821 Aztec Trail
WHEREAS, the owner of 821 Aztec Trail, Block 2201.01, Lot 13, in the Borough of Franklin
Lakes, has requested the right to connect that property to the Borough's storm water collection
system; and,
WHEREAS,the Borough Engineer has approved said connection; and,
WHEREAS, the property owner has executed a Hold Harmless Agreement with the Borough
approved by the Borough Attorney;
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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 property located at 821 Aztec Trail is
authorized to connect to the Borough's storm water collection system as per the plans approved
by the Borough Engineer.
Resolution 285-23 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:
• 1996 International 4900 Truck
VIN 41HTSDAAN9TH280605
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 286-23 Refund Duplicate Tax Payment—25 Silent Nest Way
WHEREAS, Corelogic Real Estate Tax Service, the mortgage company, made payments for the
added assessment taxes for fourth quarter 2023 for the owner Cariddi, Janet, for Block 3401 Lot
26 Qualifier C0051 also known as 25 Silent Nest Way, Franklin Lakes; and,
WHEREAS the owner, Cariddi, Janet, also made the added assessment tax payment for fourth
quarter 2023; and,
WHEREAS, these payments resulted in overpayments on the fourth quarter 2023 property taxes;
and,
WHEREAS, the lender, Corelogic Real Estate Tax Service, is seeking a refund for the duplicate
payment;
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
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November 21, 2023 Minutes
authorized and directed to issue a check for the following amounts, to be charged to Tax
Overpayments Refunded:
Block Lot Qualifier Address Refund Duplicate Payment
3401 26 C0051 25 Silent Nest Way $ 20,667.31
Made payable to:
Corelogic Centralized Refunds
Attn: Refund Department
3001 Hackberry Road
Irving, TX 75063
Resolution 287-23 Renew Bergen Municipal Employee Benefits Fund
WHEREAS, a number of public entities in the State of New Jersey have joined together to form the
Bergen Municipal Employee Benefits Fund, hereafter referred to as "FUND", as permitted by
N.J.S.A. 11:15-3, 17:1-8.1, and 40A:10-36 et seq., and;
WHEREAS,the FUND was approved to become operational by the Departments of Insurance and
Community Affairs and has been operational since that date, and;
WHEREAS, the statutes and regulations governing the creation and operation of a joint insurance
fund, contain certain elaborate restrictions and safeguards concerning the safe and efficient
administration of the public interest entrusted to such a FUND;
WHEREAS, the governing body of the Borough of Franklin Lakes hereinafter referred to as
"LOCAL UNIT" has determined that membership in the FUND is in the best interest of the LOCAL
UNIT.
NOW, THEREFORE, BE IT RESOLVED that the governing body of the LOCAL UNIT hereby
agrees as follows:
i. Become a member of the FUND for the period outlined in the LOCAL UNIT's
Indemnity and Trust Agreements.
ii. Will participate in the following type(s) of coverage (s):
a.) Health Insurance and/or Dental and/or Prescription as defined
pursuant to N.J.S.A. 1713:17-4,the FUND's Bylaws, and Plan of Risk
Management.
iii. Adopts and approves the FUND's Bylaws.
iv. Execute an application for membership and any accompanying certifications.
BE IT FURTHER RESOLVED that the governing body of the LOCAL UNIT is authorized and
directed to execute the Indemnity and Trust Agreement and such other documents signifying
membership in the FUND as required by the FUND's Bylaws, and to deliver these documents to the
FUND's Executive Director with the express reservation that these documents shall become effective
only upon:
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November 21, 2023 Minutes
i. Approval of the LOCAL UNIT by the FUND.
ii. Receipt from the LOCAL UNIT of a Resolution accepting assessment.
iii. Approval by the New Jersey Department of Insurance and Department of
Community Affairs.
Resolution 288-23 Shared Services Agreement—Lending of Vehicles and Equipment
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 a Shared Services Agreement for the Lending
of Vehicles and Equipment with the Franklin Lakes Board of Education and the Franklin Lakes
Public Library.
Resolution 289-23 Budget Transfers
BE IT RESOLVED, by the Mayor and Council of the Borough of Franklin Lakes that the
following 2023 Budget Transfers be made for the following accounts:
From From To
Celebration of Public Events 3,000
To
General Administration OE 3,000
3,000 3,000
Resolution 290-23 Chapter 159 2023 Private Donation—Randi& Scott Pomerantz
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 $100.00, 2023 Private Donation -
Randi & Scott Pomerantz 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$100.00 which will be available as a revenue from:
Miscellaneous Revenues:
Public and Private Programs Offset by Appropriations:
2023 Private Donation - Randi & Scott Pomerantz - Franklin Lakes Police Dept. $100.00
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November 21, 2023 Minutes
BE IT FURTHER RESOLVED that a sum of$100.00 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- Randi & Scott Pomerantz - Franklin Lakes Police Dept. $100.00
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 291-23 Chapter 159 2023 Private Donation—Heart of Gold 5K Run &Walk
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 $150.00, 2023 Private Donation -
Heart of Gold 5K Run & Walk 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$150.00 which will be available as a revenue from:
Miscellaneous Revenues:
Public and Private Programs Offset by Appropriations:
2023 Private Donation - Heart of Gold 5K Run & Walk - FL Police Dept. $150.00
BE IT FURTHER RESOLVED that a sum of$150.00 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 - Heart of Gold 5K Run & Walk - FL Police Dept. $150.00
BE IT FURTHER RESOLVED that the Chief Financial Officer will file this resolution and
accompanying documents electronically with the Director of Local Government Services.
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November 21, 2023 Minutes
Resolution 292-23 Chapter 159 2023 Donation—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,
WHEREAS, the Borough of Franklin Lakes has received $677.13 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$677.13 which will be available as a revenue from:
Miscellaneous Revenues:
Public and Private Programs Offset by Appropriations:
National Opioids Settlement FD Trust $677.13
BE IT FURTHER RESOLVED that a sum of$677.13 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 $677.13
BE IT FURTHER RESOLVED that the Chief Financial Officer will file this resolution and
accompanying documents electronically with the Director of Local Government Services.
Respectfully submitted,
a M. Rulli, Borough Clerk