HomeMy Public PortalAbout2023-12-19 Regular Meeting Minutes BOROUGH OF FRANKLIN LAKES
Regular Meeting of the Mayor and Council
December 19, 2023
A regular meeting of the Mayor and Council was held at 7:00 PM on December 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, 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.
Flay Salute
Moment of Silent Appreciation to Our Veterans
Proclamations
Mayor Kahwaty read the proclamation.
PROCLAMATION
HONORING RAMAPO HIGH SCHOOL FOOTBALL TEAM
WHEREAS,the Mayor and Council are desirous of honoring the champion Ramapo High School
Football team for its successful Fall 2023 season;
WHEREAS, highlights of the season for the 2023 Ramapo High School Football team included:
• North Group 4 State Sectional Champions
• North Group 4 State Champions
• Competed for an outright State title for first time in program history
• Bergen County Public Team of the Year for Group 3-4-5
• 12-1 Record - first undefeated regular season since 2019
• 4 defensive shutouts
• Scored 433 points on the season
• 12 players named to the All-Division team
• 8 players named to the All-County team
WHEREAS, Head Coach Mike DeFazio, his assistant coaches, and the Ramapo High School
football players are to be commended for their exceptional accomplishments;
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December 19, 2023 Minutes
NOW THEREFORE, I, CHARLES J.X. KAHWATY, Mayor of the Borough of Franklin
Lakes, County of Bergen and State of New Jersey, on behalf of the Mayor and Council and our
residents, do hereby honor and congratulate Coach Mike DeFazio, the assistant coaches and the
players on the 2023 Ramapo High School Football team for a tremendous football season;
IN WITNESS HEREOF, I have hereunto set my Hand and caused the Seal of the Borough of
Franklin Lakes to be affixed this 191h day of December, 2023.
Ordinances for Final Reading and Adoption
Motion made by Councilmember Kelly to take up Ordinance 1932 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.
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
Councilmember DeLuccia read the Ordinance Summary: This ordinance amends various
provisions of the Borough's tree removal ordinance relating to replacement tree species, bonds
for tree replacements, graduated penalties and issuance of stop work orders.
Motion to open the hearing to the public was made by Councilmember Ansh, seconded by
Councilmember Kelly. 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 Kelly, seconded by Council
President Bonagura. On voice vote, all in favor.
WHEREAS, Ordinance 1932 was introduced at a meeting of the Mayor and Council held on the
21" 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. 1932 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.
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December 19, 2023 Minutes
Resolution read and introduced by Councilmember DeLuccia, seconded by Councilmember
Lambrix. Discussion - none.
Roll Call Vote:
Ayes: Ansh, Cardenas, DeLuccia, Kelly, Lambrix, Bonagura
Nays:
Abstain:
Absent:
Motion Approved
Motion made by Councilmember Lambrix to take up Ordinance 1933 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.
The Borough Clerk read the Ordinance by title only.
ORDINANCE NO. 1933
AN ORDINANCE AMENDING CHAPTER 89 "POLICE
DEPARTMENT" OF THE CODE OF THE BOROUGH
OF FRANKLIN LAKES TO AMEND PRIVATE DUTY RATE
Council President Bonagura read the Ordinance Summary: This ordinance increases the rate for
schools, non-profit organizations, charitable organizations, Franklin Lakes business and
residents.
Motion to open the hearing to the public was made by Councilmember Ansh, seconded by
Councilmember Lambrix
No one from the public came forward at this time.
Motion to close the hearing to the public was made by Councilmember Kelly, seconded by
Councilmember Lambrix. On voice vote, all in favor.
WHEREAS, Ordinance 1933 was introduced at a meeting of the Mayor and Council held on the
21" 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. 1933 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 Council President Bonagura, seconded by Councilmember
Ansh. Discussion - none.
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December 19, 2023 Minutes
Roll Call Vote:
Ayes: Ansh, Cardenas, DeLuccia, Kelly, Lambrix, 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 Ansh. On voice vote, all in favor.
Laurie Burnette, 746 Lawlins Road, speaking on behalf of the Franklin Lakes Volunteer
Ambulance Corps, stated they want citizens to know that the Borough Council has sought out a
paid ambulance service through Valley Hospital, the Ambulance Corps currently exceeds the
County requirements, and the FLVAC does not support the changes suggested.
Motion to close the time for public comment was made by Councilmember Kelly, seconded by
Councilmember Lambrix. On voice vote, all in favor.
Consent Agenda Resolution 303-23
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 304-23 Accept Report of Finance Committee
Resolution 305-23 Award Contract Extension - Franklin Manor Administrative Agent
Resolution 306-23 Award Contract Extension - MillPond at Franklin Lakes Administrative
Agent
Resolution 307-23 Cancellation of Property Taxes Under $10.00
Resolution 308-23 Chapter 159 2023 Private Donation—John J Skelly
Resolution 309-23 Professional Development Stipend—Erica Davenport
Resolution 310-23 Budget Transfers
Resolution 311-23 Chapter 159 - 2023 Body Armor Replacement Grant
Resolution read and introduced by Council President Bonagura seconded by Councilmember
DeLuccia.
Roll Call Vote:
Ayes: Ansh;Cardenas except Award Contract Extension-Franklin Manor Administrative
Agent and Award Contract Extension- MillPond at Franklin Lakes Administrative
Agent; DeLuccia; Kelly; Lambrix; Bonagura
Nays: Cardenas - Award Contract Extension- Franklin Manor Administrative Agent and
Award Contract Extension - MillPond at Franklin Lakes Administrative Agent
Abstain:
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December 19, 2023 Minutes
Absent:
Motion Approved
Action on Minutes
Motion to accept the minutes was made by Councilmember Kelly, and seconded by
Councilmember Kelly:
October 10, 2023 Work Session
October 17, 2023 Regular
October 23, 2023 Special Budget
November 9, 2023 Special
November 9, 2023 Special Closed
November 9, 2023 Work Session
November 9, 2023 Closed
November 21, 2023 Regular
November 21, 2023 Closed
Roll Call Vote:
Ayes: Ansh, Cardenas, DeLuccia, Kelly, Lambrix, Bonagura
Nays:
Abstain:
Absent:
Motion Approved
Old Business
None
New Business
• Renaming of Franklin Lakes Nature Preserve
Mayor Kahwaty spoke about Mayor Donch's contributions and work for the Borough over the
years and noted several residents have suggested renaming the Nature Preserve after him.
Councilmember Ansh and Council President Bonagura stated they were in favor. Discussion
ensued on the wording. Mr. Hart suggesting adopting a resolution renaming it"Thomas J. Donch
Nature Preserve". As there were no objections, Mr. Hart will draft a resolution for next meeting.
• Modernization and Reform of OPRA
Mr. Hart stated he received a letter to be signed by the Mayor supporting the modernizing of
OPRA,the concept is to eliminate abuses for commercial use. Mayor Kahwaty asked if there were
any objections to signing the letter. Several Councilmembers requested more information.
Mr. Hart outlined the bills in front of the legislature. Councilmember DeLuccia stated that if this
is signed, the Mayor and Council could rescind their support of it in the future should they choose
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December 19, 2023 Minutes
to do so. Mayor Kahwaty asked the Borough Clerk to clarify some of the major issues. Following
discussion, there were no objections to Mayor Kahwaty signing the letter.
At this time, Mayor Kahwaty read the following Proclamation:
PROCLAMATION
HONORING FRANKLIN LAKES WAR EAGLES SENIOR FOOTBALL TEAM
WHEREAS, the Mayor and Council are desirous of honoring the champion Franklin Lakes War
Eagles Senior Football team for its successful Fall 2023 season; and,
WHEREAS, the War Eagles Football team capped the season with an exciting 22 to 8 victory
over Butler in the Tri-County Youth Football League Super Bowl; and,
WHEREAS, the Super Bowl victory capped off a perfect 10-0 season for the 2023 War Eagles
Senior Football team, in which they outscored opponents 291 to 72; and,
WHEREAS, Head Coach Chris Snee, his assistant coaches, Rob Adams, Andrew Ajaeb, Robert
Bond, Kevin Brady, Jerry Corrado, Mike Eilert, Tommy Gatto, Matt Granatell, Darren Magarro,
Trevor Randolph, Ron Salzano, Anthony Scher and Christian Tirone, and the War Eagles Senior
Football players are to be commended for their exceptional accomplishments;
NOW THEREFORE, I, CHARLES J.X. KAHWATY, Mayor of the Borough of Franklin
Lakes, County of Bergen and State of New Jersey, on behalf of the Mayor and Council and our
residents, do hereby honor and congratulate Coach Chris Snee, the assistant coaches and the
players on the 2023 Franklin Lakes War Eagles Senior Football team for a tremendous football
season;
IN WITNESS HEREOF, I have hereunto set my Hand and caused the Seal of the Borough of
Franklin Lakes to be affixed this 191h day of December, 2023.
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 19, 2023
which begins at 7:00 PM, in the Council Chambers at the Municipal Building to discuss the
following:
Collective Bargaining: PBA
Contractual: Valley Hospital
• Pending Litigation: Settlement of Tax Appeal—309 Indian Trail Drive
• Pending Litigation: Settlement of Tax Appeal - 305 Haven Road
• Pending and Anticipated Litigation: Affordable Housing Legislation
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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 7:42 PM by Council President Bonagura, seconded
by Councilmember DeLuccia. On voice vote, all in favor.
The Mayor and Council returned to open session at 8:13 PM.
Adiournment
Motion to adjourn the meeting sine die was made at 8:13 PM by Councilmember Kelly, seconded
by Councilmember Cardenas. On voice vote, all in favor.
Resolution 304-23 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$244,909.96 as shown on the Claims Bill List; $337.00 as shown
on the Soil Account Bill List; and $1,065.00 as shown on the Developers Escrow List.
BE IT FURTHER RESOLVED, that the payroll of December 7, 2023 in the amount of
$300,222.56 be hereby ratified and approved.
Resolution 305-23 Award Contract Extension -Franklin Manor Administrative Agent
WHEREAS, by resolution adopted February 15, 2022, the Mayor and Council entered into an
agreement with Community Grants, Planning & Housing (CGP&H"), having offices located at
1249 South River Road, Suite 301, Cranbury, New Jersey for the purpose of administering and
enforcing the affordability controls and the Borough's Affirmative Marketing Plan, in accordance
with the regulations of the Council on Affordable Housing pursuant to N.J.A.C. 5:94 et.seq. and
the New Jersey Uniform Housing Affordability Controls pursuant to N.J.A.C. 5:80-26 et.seq.; and,
WHEREAS, the agreement permits the extension of the agreement for an additional two year
period; and,
WHEREAS, based on overall satisfaction with the services provided, the Borough Administrator
has recommend the extension of the agreement for an additional two year period to expire on
December 31, 2025; and,
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 agreement designating
CGP&H as the Administrative Agent for affordable housing units in the Franklin Manor
development, be extended for an additional two year period expiring December 31, 2025; and,
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December 19, 2023 Minutes
BE IT FURTHER RESOLVED that the Municipal Housing Liaison shall act as the liaison to
CGP&H; and,
BE IT FINALLY RESOLVED that a copy of this resolution be forwarded to CGP&H.
Resolution 306-23 Award Contract Extension - MillPond at Franklin Lakes Administrative
Agent
WHEREAS, by resolution adopted December 21, 2021, the Mayor and Council of the Borough
of Franklin Lakes entered into an agreement with Sterling Properties, LLC, having offices located
at 50 E. Mt. Pleasant Avenue, Livingston, New Jersey 07039 for the purpose of administering and
enforcing the affordability controls and the Borough's Affirmative Marketing Plan, in accordance
with the regulations of the Council on Affordable Housing pursuant to N.J.A.C. 5:94 et.seq. and
the New Jersey Uniform Housing Affordability Controls pursuant to N.J.A.C. 5:80-26 et.seq.; and,
WHEREAS, the agreement permits the extension of the agreement for an additional two year
period; and,
WHEREAS, based on overall satisfaction with the services provided, the Borough Administrator
has recommend the extension of the agreement for an additional two year period to expire on
December 31, 2025; and,
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 agreement designating Sterling
Properties, LLC, as the Administrative Agent for affordable housing units in the MillPond at
Franklin Lakes development, be extended for an additional two year period expiring
December 31, 2025; and,
BE IT FURTHER RESOLVED that the Municipal Housing Liaison shall act as the liaison to
Sterling Properties, LLC; and,
BE IT FINALLY RESOLVED that a certified copy of this resolution be forwarded to the
New Jersey Council On Affordable Housing and to Sterling Properties, LLC.
Resolution 307-23 Cancellation of Property Taxes Under $10.00
WHEREAS, N.J.S.A. 40A:5-17 allows for the cancellation of 2023 property tax and sewer utility
overpayments or delinquent amounts for amounts of less than $10.00; and,
WHEREAS, the governing body may authorize the Tax Collector to process, without further
action on their part, any cancellation of property tax and sewer utility overpayments or
delinquencies of less than $10.00;
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 the Tax Collector be and is hereby
authorized to cancel said property tax and sewer utility payments of less than $10.00 as deemed
necessary; and,
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December 19, 2023 Minutes
BE IT FINALLY RESOLVED that a certified copy of this resolution be forwarded to the Tax
Collector and Borough Auditor.
Resolution 308-23 Chapter 159 2023 Private Donation—John J Skelly
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 $400.00, Private Donation—
John J Skelly 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$400.00 which will be available as a revenue from:
Miscellaneous Revenues:
Public and Private Programs Offset by Appropriations:
2023 Private Donation—John J Skelly—
Franklin Lakes Police Department $400.00
BE IT FURTHER RESOLVED that a sum of$400.00 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—John J Skelly—
Franklin Lakes Police Department $400.00
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 309-23 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
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December 19, 2023 Minutes
her Technical Assistant certification in the amount of$500.00 for 2024, with the full amount 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, subject to the employee providing proof of obtaining the
certification; and,
BE IT FINALLY RESOLVED that a copy of this resolution be forwarded to Erica Davenport
and the Payroll Administrator.
Resolution 310-23 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
Reserve for Tax Appeals 100,000
Municipal Clerk OE 5,125
To
Police S&W 17,500
General Administration OE 1,000
Buildings & Grounds 2,500
Vehicle Maintenance 5,000
Social Security System 4,900
Group Insurance Plan for Employees 74,000
DCRP Employer Contribution 225
105,125 105,125
Resolution 311-23 Chapter 159 —2023 Body Armor Replacement Grant
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 $2,035.71, 2023 Body Armor
Replacement Grant 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
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December 19, 2023 Minutes
Government Services to approve the insertion of an item of revenue in the 2023 Budget in the
sum of$2,035.71 which will be available as a revenue from:
Miscellaneous Revenues:
Public and Private Programs Offset by Appropriations:
2023 Body Armor Replacement Grant $2,035.71
BE IT FURTHER RESOLVED that a sum of$2,035.71 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 Body Armor Replacement Grant $2,035.71
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,
C(ail M. Rulli, Borough Clerk