HomeMy Public PortalAbout2023-12-05 Work Session Meeting Minutes BOROUGH OF FRANKLIN LAKES
Special Work Session Meeting of the Mayor and Council
December 5, 2023
A Special/Work Session meeting of the Mayor and Council was held at 7:30 PM on
December 5, 2023 in the Municipal Building.
Meeting Called to Order
Roll Call
The following Council Members and Professional Staff responded to the roll call: Mayor Kahwaty,
Councilmember Ansh, Councilmember Cardenas, Councilmember DeLuccia, Councilmember
Kelly, Councilmember Lambrix, 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
Proclamation
Mayor Kahwaty read the proclamation.
PROCLAMATION
Supporting the Drive Sober or Get Pulled Over 2023 Year End Holiday
Crackdown
Whereas, approximately one-third of all fatal traffic crashes in the United States involve impaired
drivers; and,
Whereas, impaired driving crashes killed 13,384 people in the United States in 2021; and,
Whereas, impaired driving crashes cost the United States almost $44 Billion a year; and,
Whereas, during 2022 New Jersey's roadways experienced 42,915 crashes and 697 fatalities
involving impaired drivers; and,
Whereas, an enforcement crackdown is planned to combat impaired driving; and,
Whereas, the year end holiday season is traditionally a time for social gatherings which include
alcohol; and,
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Whereas,the State of New Jersey,Division of Highway Traffic Safety,has asked law enforcement
agencies throughout the state to participate in the Drive Sober or Get Pulled Over 2023 Year End
Holiday Crackdown; and,
Whereas,the project will involve increased impaired driving enforcement from December 1, 2023
through January 1, 2024; and,
Whereas, an increase in impaired driving enforcement and a reduction in impaired driving will
save lives on our roadways;
Therefore, be is resolved that the Mayor and Council of the Borough of Franklin Lakes declares
it's support for the Drive Sober or Get Pulled Over 2023 Year End Holiday Crackdown from
December 1, 2023 through January 1, 2024 and pledges to increase awareness of the dangers of
drinking and driving.
Ordinances for Final Reading and Adoption
Motion made by Councilmember DeLuccia to take up Ordinance 1930 for consideration of
adoption on second and final reading, and direct the Borough Clerk to read by title, seconded by
Councilmember Kelly. On voice vote, all in favor.
The Borough Clerk read the Ordinance by title only.
ORDINANCE NO. 1930
AN ORDINANCE AMENDING CHAPTER 71 "OFFICERS AND EMPLOYEES"
AND CHAPTER 373 "PROPERTY MAINTENANCE" OF THE CODE OF THE
BOROUGH OF FRANKLIN LAKES TO CLARIFY PROVISIONS RELATING
TO THE CODE ENFORCEMENT OFFICIAL
Councilmember DeLuccia read the summary by summary: This ordinance amends the property
maintenance ordinance to add the Code Enforcement Official as an enforcement official.
WHEREAS, Ordinance 1930 was introduced at a meeting of the Mayor and Council held on the
9'h day of November, 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. 1930 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 Kelly, seconded by
Councilmember Lambrix. On voice vote, all in favor.
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Seeing none, a motion to close the hearing to the public was made by Councilmember Kelly
seconded by Council President Bonagura. On voice vote, all in favor.
Roll Call Vote:
Ayes: Ansh, Cardenas, DeLuccia, Kelly, Lambrix, Bonagura
Nays:
Abstain:
Absent:
Motion Approved
Motion made by Councilmember DeLuccia to take up Ordinance 1931 for consideration of
adoption on second and final reading, and direct the Borough Clerk to read by title, seconded by
Councilmember Kelly. On voice vote, all in favor.
The Borough Clerk read the Ordinance by title only.
Councilmember DeLuccia read the Ordinance summary: This ordinance corrects the affirmative
marketing ordinance to reflect the Borough's inclusion in Region I for affordable housing
purposes.
ORDINANCE NO. 1931
AN ORDINANCE AMENDING CHAPTER 135 "AFFORDABLE HOUSING"
OF THE CODE OF THE BOROUGH OF FRANKLIN LAKES TO
CORRECT THE DESIGNATION OF THE HOUSING REGION
Councilmember DeLuccia read the Ordinance summary: This ordinance corrects the affirmative
marketing ordinance to reflect the Borough's inclusion in Region I for affordable housing
purposes.
WHEREAS, Ordinance 1931 was introduced at a meeting of the Mayor and Council held on the
9'h day of November, 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. 1931 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 Ansh, seconded by
Councilmember Ansh. On voice vote, all in favor.
Hearing none, a motion to close the hearing to the public was made by Councilmember Ansh,
seconded by Councilmember DeLuccia. On voice vote, all in favor.
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Resolution read and introduced by Councilmember DeLuccia, seconded by Council President
Bonagura.
Roll Call Vote:
Ayes: Ansh, DeLuccia, Lambrix, Bonagura
Nays: Cardenas, Kelly
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.
Donna Robinson, 896 Franklin Avenue, presented the Mayor and Council with a poem.
Motion to close the time for public comment was made by Councilmember Kelly, seconded by
Councilmember Lambrix. On voice vote, all in favor.
Engineers Report
Eileen Boland reported on a drainage emergency at 740 McCoy Road,which was alleviated by the
Public Works Department by clearing a boulder from the pipe. Boswell Engineering
recommended the Borough install a gate on the pipe to prevent future blockages.
Consent Agenda Resolution 295-23
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.
Council President Bonagura asked that the Diesel Exhaust System Resolution be removed for
further discussion.
Resolution 296-23 Accept Report of Finance Committee
Resolution 297-23 Award Contract—Borough Hall Generator
Resolution 298-23 Award Contract—Payroll Services
Resolution 299-23 Tax Refund—993 Clark Road
Resolution 300-23 Budget Transfers
Resolution read and introduced by Council President Bonagura, seconded by Councilmember
Ansh.
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Roll Call Vote:
Ayes: Ansh, Cardenas, DeLuccia, Kelly, Lambrix, Bonagura
Nays:
Abstain:
Absent:
Motion Approved
Council President Bonagura asked if everyone had a chance to review the information pertaining
to the Diesel Exhaust System, specifically Councilmember Sheppard. Mr. Hart stated there was
only one bidder and this bid is consistent with budget. He stated if there is a problem with the
resolution it can be rescinded at a later date.
Resolution 301-23 Award Contract—Diesel Exhaust Systems for Firehouses
WHEREAS, the Borough of Franklin Lakes advertised for and opened bids for the purchase and
installation of diesel exhaust systems at the two Borough firehouses on November 30, 2023; and,
WHEREAS,the Mayor and Council wish to award this contract to the lowest responsible bidder;
and,
WHEREAS, one vendor submitted a bid; and,
WHEREAS,the Borough Administrator has reviewed the bid submitted and recommends that the
contract be awarded to Clean Air Company, 428 New Brunswick Avenue, Fords, New Jersey
08863, for the bid proposal amount of$84,307; and,
WHEREAS, the Borough Administrator has reviewed the bid submitted and has determined that
the bid meets the specifications;
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 contract for the purchase and installation
of diesel exhaust systems at the two Borough firehouses be and is hereby awarded to Clean Air
Company, for the bid proposal amount of$84,307; and,
BE IT FURTHER RESOLVED that the Chief Financial Officer has certified the availability of
funds for this purchase,
Account: Ordinance No. 1917
Certification of Funds:
William G. Pike, Chief Financial Officer
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BE IT FINALLY RESOLVED that a copy of this resolution be forwarded to Clean Air
Company, the Fire Chief and the Chief Financial Officer.
Resolution read and introduced by Council President Bonagura, seconded by Councilmember
Kelly.
Roll Call Vote:
Ayes: Ansh, Cardenas, DeLuccia, Kelly, Lambrix, Bonagura
Nays:
Abstain:
Absent:
Motion Approved
Mayors Report
Mayor Kahwaty welcomed Councilmember DeLuccia.
Committee/Liaison Reports
Public Safety
Council President Bonagura reported on a meeting held with four members of Ambulance Corps
where discussion was held on increasing response time. He reported on the meeting held with
Valley Hospital and explained what they stated they can do to assist. It was decided that the
Ambulance Corps members should meet with Valley Hospital on Friday to discuss in further detail.
Councilmember Kelly stated the new recruiting is going well and she is not in favor of this plan.
Discussion ensued on how calls are generated and response times. Councilmember Kelly stated
in October the Ambulance Corps responded to 92% of the calls and it can be a lengthy wait for the
calls they don't respond to.
Mr. Hart stated the Police are the first responders at the site and Ambulance Corps response time
is not as critical as you may think, stating the Police present first line assistance. Discussion held
on billing, responsibility to the residents, required services and possible opportunities to provide
better service, cost benefit analysis and positives and negatives of outsourcing services.
Council President Bonagura stated he spoke with Oakland Councilmembers and their future Mayor
and they are interested in what we do and may join us.
Parks and Recreation
Councilmember Ansh reported that the Tree Lighting is tonight, the Menorah lighting is Sunday
at 4 PM. Franklin Lakes won the Bergen County Winter Wonderland Tree Decorating contest and
the prize is a free skate day for the Borough, and reported the sports statistics. A group of moms
visited Community Director Dina Robinson to discuss the playground. Mr. Hart will circulate
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emails he received from some of the moms. Mr. Hart stated the he hopes to hear from the County
about the transfer of the Grant funds in January.
Environment& Community Affairs/Library
Councilmember Cardenas stated the Library patio looks great and that donors paid for the project.
The Shade Tree Commission met and discussed limbs. The Environmental Commission met and
have created a composting brochure and are looking for a replacement for retired member
Don Scine. Councilmember Lambrix spoke highly of Mr. Scine and Councilmember Kelly asked
what could be done to recognize him. Mr. Hart suggested a proclamation to honor him.
Councilmember Cardenas stated the Environmental Commission is looking for a high school
liaison and they are considering a flyer regarding recycling of reusable grocery bags. Ramapo
Indian Hills Board of Education met interim Superintendent Dr. Baker and an RFQ has been put
out for his permanent replacement.
Planning and Development
Mayor Kahwaty stated the Planning Board has been quiet lately.
Public Works
Councilmember Kelly reported that Richard Lilienthal is back from Workman's Comp and the
DPW team did a great job while in his absence. Councilmember Ansh stated Nancy Durkin is also
out for surgery.
Administration and Finance
Councilmember Lambrix reported the Borough will be looking at a tough budget in 2024.
Mr. Hart met with the Police Department Captain to talk about promotions upon the retirement of
the Police Chief. Mayor Kahwaty, Council President Bonagura, Councilmember Kelly, and
Mr. Hart were in agreement there is merit to the requests, but there may be budgetary limitations.
Mr. Hart will have CFO William Pike prepare an overview of the budget. Mr. Hart stated potential
police promotions will be discussed after the closed session.
Mr. Hart spoke about the annual appointment of the Borough professionals, explained the process,
and recommended retaining all current professionals. No objections.
Mr. Hart reported that the 2024 Calendar is spectacular and is with the printer.
Borough Administrator's Report
Mr. Hart had nothing further to report.
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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, December 5, 2023
which begins at 7:30 PM, in the Conference Room at the Municipal Building to discuss the
following:
• Collective Bargaining—PBA
• Personnel —Police Chief
• Personnel —Police Promotions
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 8:39 PM by Council President Bonagura, seconded
by Councilmember Kelly. On voice vote, all in favor.
The Mayor and Council returned to open session at 8:58 PM.
Resolution 302-23 Approve Memorandum of Agreement—Police Chief
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 and Police Chief Carmine Pezzuti pertaining
to Chief Pezzuti's retirement, substantially in the form entitled "Memorandum of Agreement,"
which is incorporated by reference herein; and,
BE IT FURTHER RESOLVED that this resolution is subject to approval by the Borough's Labor
Attorney; and,
BE IT FINALLY RESOLVED that a copy of this resolution be forwarded to Police Chief
Carmine Pezzuti, Mark Ruderman, Esq., and the Chief Financial Officer.
Resolution read and introduced by Council President Bonagura, seconded by Councilmember
Kelly.
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Roll Call Vote:
Ayes: Ansh, Cardenas, DeLuccia, Kelly, Lambrix, Bonagura
Nays:
Abstain:
Absent:
Motion Approved
Adiournment
Motion to adjourn the meeting was made at 9:00 PM by Councilmember Lambrix, seconded by
Councilmember Kelly. On voice vote, all in favor.
Resolution 296-23 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$4,886,430.84 as shown on the Claims Bill List; $15,166.50 as
shown on the Soil Account Bill List; and $4,461.00 as shown on the Developers Escrow List.
Resolution 297-23 Award Contract—Borough Hall Generator
WHEREAS, the Borough of Franklin Lakes advertised for and opened bids for the purchase and
installation of a generator at Borough Hall on November 14, 2023; and,
WHEREAS,the Mayor and Council wish to award this contract to the lowest responsible bidder;
and,
WHEREAS, eight electrical contractors submitted a bid; and,
WHEREAS,LAN Associates,the Borough's consulting engineer/architect, has reviewed the bids
submitted and recommends that the contract be awarded to the contractor that submitted the lowest
cost proposal, TSUJ, 48 Brush Hill Road, Kinnelon, New Jersey 07405, for the bid proposal
amount of$155,777; and,
WHEREAS, the Borough Attorney has reviewed the bid submitted and has determined that the
bid meets the specifications;
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 contract for the purchase and installation
of a generator at Borough Hall be and is hereby awarded to TSUJ, 48 Brush Hill Road, Kinnelon,
New Jersey 07405, for the bid proposal amount of$155,777; and,
BE IT FURTHER RESOLVED that the Chief Financial Officer has certified the availability of
funds for this purchase,
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Account: American Rescue Plan Act
Account Number: G-02-41-764-000
Certification of Funds:
William G. Pike, Chief Financial Officer
BE IT FINALLY RESOLVED that a copy of this resolution be forwarded to TSUJ, LAN
Associates and the Chief Financial Officer.
Resolution 298-23 Award Contract—Payroll Services
WHEREAS, the Payroll Administrator, Meena Sivakumar, solicited proposals from five payroll
providers for payroll services for the Borough of Franklin Lakes; and,
WHEREAS, the Borough received three proposals for payroll services in response to the request
for proposals; and
WHEREAS, Payroll Administrator Meena Sivakumar and Chief Financial Officer William Pike
have recommended,by email dated November 13,2023,which is incorporated by reference herein,
that a two year contract commencing January 1, 2024, with a Borough option for two additional
one year periods be awarded to Action Data Services, 1 Sherwood Lane, Fairfield, New Jersey,
upon the terms and conditions in its October 31, 2023 proposal,which is incorporated by reference
herein, based on price and other factors;
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 Payroll
Administrator and Chief Financial Officer is approved and a two year contract for payroll services
commencing January 1, 2024 (with Borough option for two additional one year periods) be and is
hereby awarded to Action Data Services, upon the terms and conditions in its October 31, 2023
proposal, for the base proposal amount of$17,015.59 per year, based on price and other factors;
and,
BE IT FURTHER RESOLVED that, because this contract award is for services to be performed
in future years, this contract award is subject to appropriation of sufficient funds in the Borough's
budgets in future years; and,
BE IT FINALLY RESOLVED that the Mayor and Borough Clerk are authorized to execute an
agreement for payroll services upon review and approval of the agreement by the Borough
Attorney.
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Resolution 299-23 Tax Refund—993 Clark Road
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(s)2019,2020 and 2021, on Block 1314.06,Lot 5,known as 993 Clark
Road, which is owned by Davis, Kenneth & Margaret; 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
1314.06 5 $ 85,000 (2019) $ 1,395.70
1314.06 5 $ 110,000 (2020) $ 1,812.80
1314.06 5 $ 110,000 (2021) $ 1,828.20
Total Refund $ 5,036.70
All checks made payable to:
Spiotti & Associates, P.C.
Attorney Trust Account
P.O. Box 30
Midland Park, NJ 07432
Resolution 300-23 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 8,000
Gasoline 10,000
Recreation Services OE 20,000
Litigation 4,700
To
General Administration OE 3,000
Mayor & Council OE 2,500
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Tax Assessor OE 1,000
Office Emergency Mgt OE 500
Board of Health OE 500
Buildings & Grounds 5,000
Vehicle Maintenance 30,000
Municipal Clerk S&W 200
42,700 42,700
Respectfully submitted,
ai M. Rulli, Borough Clerk