BOROUGH OF MOUNTAIN LAKES

November 14, 2011

7:30 p.m.

 

MINUTES

 

 

 

1.         CALL TO ORDER; OPENING STATEMENT: This meeting is being held in compliance with Public Law 1975, Chapter 231, Sections 4 and 13, as notice of this meeting and the agenda thereof had been reported to The Citizen and the Morris County Daily Record and The Star Ledger on January 4, 2011 and posted in the municipal building.

 

Mayor Gormally called the meeting to order at 7:31 p.m.

 

2.         ATTENDANCE AND FLAG SALUTE

 

All Council members were present except for Deputy Mayor Dan Happer, who was absent. Also in attendance were Borough Attorney Marty Murphy, Acting Borough Manager Robert Tovo, and Deputy Borough Clerk Michele Reilly.

 

3.         EXECUTIVE SESSION RESOLUTION:

R 122-11 to enter into Executive Session to Discuss:

Acquisition of Property: King of Kings

 

Motion by Councilman McWilliams, second by Councilman Holmberg, to enter into Executive Session, amended to include:

 

·        Personnel

 

with all members in favor signifying by “Aye”.

 

Motion by Councilman McWilliams, second by Councilman Holmberg, to close the Executive Session and return to the public portion of the meeting, with all members in favor signifying by “Aye”.

 

 

4.         COMMUNITY ANNOUNCEMENTS

 

Councilman Holmberg reminded the Council that the Centennial Play “Laker Voices” had been rescheduled for December 3rd and 4th and he urged all to attend.

 

Councilman McWilliams publicly thanked the Police and Fire Departments, the Department of Public Works, and the Borough’s contractors for their “Herculean efforts” to clean up after the recent October storm.

 

Councilwoman Bravo expressed thanks to the DPW on behalf of the Village section of the Borough for their quick clean up before the Halloween Safe Zone. She said the number of trick or treaters was slightly less than last year’s, but still a good turnout with approximately 850 children.

 

5.         PUBLIC COMMENT

 

Mayor Gormally opened the public comment portion of the meeting with consent of the Council. Mayor Gormally explained the Council’s policy of limiting each speaker to five (5) minutes and no yielding of time to another person.

 

Fred Kanter – Hanover Road

Mr. Kanter thanked the employees for their efforts during the storm, as well as the neighbors who helped other neighbors. He mentioned his concern about an overgrowth of vegetation which he feels needed to be corrected by the Borough. He said he thought the Cove project violated the Americans with Disabilities Act (ADA) and asked the Council how they were going to handle the situation. He said he had received information regarding the expenses for the Cove project and that it was over budget. He wondered why there was additional money for the Cove project but not for the printing and distribution of a new residents guide.

 

Abby Kimmelman – Tower Hill Road

Ms. Kimmelman said that she was a competitive figure skater and a frequent user of the Cove. She told the Council that she felt the Cove looked very nice and that comments regarding the stone steps making the Cove unsafe were invalid. She said any material will ruin skate blades, and suggested to the Council the possibility of buying inexpensive rubber mats to cover the steps in the winter.

 

With no one else wishing to be heard, Mayor Gormally closed the public comment portion of the meeting.

 

6.         DISCUSSION

            A. Historic Preservation Ordinance

 

Mayor Gormally thanked the Ad Hoc Historic Preservation Ordinance Committee for coalescing to study the issue of historic preservation of homes. He said the purpose of the proposed ordinance was to create incentives to encourage preservation rather than demolition.

 

Committee Member Tom Dagger introduced the other members of the Committee and touched on their extensive experience. He pointed out that the Borough was celebrating its Centennial, and said that during the first eighty (80) years of the Borough’s existence, fourteen (14) Hapgoods were demolished and there were no Belhalls lost. During the last twenty (20) years of the Borough’s existence, the number doubled and there were a combined number of twenty-eight (28) Hapgoods and Belhalls destroyed.

 

Committee Member Martin Kane, the Planning Board Representative, said the Committee asked themselves what would work in Mountain Lakes as they reviewed what other communities have established regarding the preservation of historic homes. Their goal was to not create bureaucracy but to allow people who live in a historic home the opportunity to increase their space and include some modern niceties without the need to apply to the Zoning Board of Adjustment for a variance. He mentioned the possibility of including some disincentives to destruction, such as increasing the cost of a demolition permit and lengthening the amount of time it would take to obtain such a permit. He also mentioned some additional ideas, such as allowing the Historic Preservation Committee (HPC) the opportunity to meet with the homeowners, as well as the possibility of allowing the HPC to document the house with photographs and basic floor plan information before a demolition occurred.

 

Architect Larry Korinda said currently, a homeowner could spend almost the same amount of money trying to obtain a variance as they would spend if they tore down a house, and that there was no guarantee a variance application would be approved. Also, he pointed out that a major renovation could take longer than building a new home.

 

Builder Tom Menard agreed with Mr. Korinda and added that the variance process can take anywhere from three (3) to six (6) months. He said a major renovation can cost more and take longer than building a new home.

 

Peter Bolo, Zoning Board of Adjustment Chair, said the historic homes were burdened by small lots and by having unlivable spaces that were included in the Floor to Area Ratio (FAR). He pointed out that the Borough’s Master Plan designated the importance of historic structures.

Tom Dagger read a statement from Committee Member and Realtor John Barr, who was unable to attend, stating his support for the proposed ordinance and his opinion that it would increase the competitiveness of Mountain Lakes in the housing market versus similar municipalities such as Summit, Milburn, and Chatham.

 

The Council praised the Committee for their work. There was some discussion over the Committee’s suggestion that an architect could certify that the proposed renovation specifications met the requirements of the ordinance, thereby negating variance approval.

 

Councilwoman Bravo said the next step was the drafting of the ordinance language by the Committee. Borough Attorney Marty Murphy said he would be willing to participate in this process.

 

 

7.         ORDINANCE 07-11

ORDINANCE AMENDING CHAPTER 40 OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF MOUNTAIN LAKES AND PROVIDING THAT THE LAND USE ORDINANCE MAY BE ENFORCED BY AN OFFICER OR EMPLOYEE DESIGNATED BY THE BOROUGH MANAGER.

 

If adopted this ordinance shall take effect after publication and passage as provided by law.   Public Hearing

 

Fred Kanter – Hanover Road

Mr. Kanter asked for clarification of the ordinance regarding who would have the ability to enforce it. Mr. Tovo stated that the ordinance applied to all Borough employees but that enforcement would be assigned to the department deemed most appropriate.

Council Member

By:

2nd

Yes

No

Abstain

Absent

By

2nd

Yes

No

Abstain

Absent

McWilliams

 

 

X

 

 

 

 

 

X

 

 

 

Holmberg

 

 

 

 

 

X

 

 

X

 

 

 

Jackson

X

 

X

 

 

 

 

 

X

 

 

 

Bravo

 

 

 

 

 

X

 

X

X

 

 

 

Shaw

 

X

X

 

 

 

X

 

X

 

 

 

Happer

 

 

X

 

 

 

 

 

 

 

 

X

Gormally

 

 

X

 

 

 

 

 

X

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

8.         ORDINANCE 08-11

ORDINANCE AMENDING CHAPTER 245 OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF MOUNTAIN LAKES AND REGULATING THE INSTALLATION OF EMERGENCY GENERATORS

      

Following introduction, the above ordinance will be published in accordance with the law

and a public hearing will be held on November 28, 2011.

 

Mr. Tovo said this ordinance was designed to define parameters and to make the generator application process clear, and that he had already received some input from Planning Board members. In response to questions from the Council, he said this ordinance would apply to any permanently mounted generator using any fuel source. He also pointed out that if approved, the Borough would have to amend its noise ordinance, as a generator runs at seventy decibels (70 db) and the noise ordinance has a limit of sixty-five decibels (65 db).

 

 

Council Member

By:

2nd

Yes

No

Abstain

Absent

By

2nd

Yes

No

Abstain

Absent

McWilliams

 

 

X

 

 

 

 

 

X

 

 

 

Holmberg

 

 

X

 

 

 

 

X

X

 

 

 

Jackson

 

 

X

 

 

 

 

 

X

 

 

 

Bravo

 

X

X

 

 

 

 

 

 

 

 

X

Shaw

X

 

X

 

 

 

X

 

X

 

 

 

Happer

 

 

 

 

 

X

 

 

X

 

 

 

Gormally

 

 

X

 

 

 

 

 

X

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

9.    *RESOLUTIONS

     R 120-11         Refund Tax Overpayment –Perler/Isenberg

     R 123-11         Refund Tax Overpayment - Eveleth

R 124-11         Banking Authorizations – Bank of America

R 125-11         Payment of Bills

R 126-11         Emergency Expenditure Wage/Salary Re: Borough Manager/CFO

R 127-11         Emergency Expenditure Storm Clean-up

R 128-11         Emergency Contracts Re: Clean-up of Streets & Roads

R 129-11         Supplemental Consent Order Re: NJDEP vs. Novartis et al.

 

10.  *MINUTES

      October 24, 2011 Regular

      October 24, 2011 Executive

 

Prior to the roll call vote, Resolution 127-11, Emergency Expenditure Storm Clean-up, was amended to reflect an amount of $150,000. Borough Attorney Marty Murphy approved the amendment to the Resolution.

 

Several Council members presented questions regarding Resolution 125-11, Payment of Bills. Mr. Tovo explained that some of the bills represented payments to contractors for services rendered after Hurricane Irene and that he was expecting FEMA to reimburse seventy-five percent (75%) of the costs for debris removal and protective measures, such as Police and DPW overtime. Mr. Tovo said he will also provide the Council with further clarification regarding the payment to Hess Corporation for street lighting. Councilman Shaw asked that Mr. Tovo provide the Council with a final accounting for the Cove project at the next meeting.

    

Councilman Shaw pulled the minutes from the Consent Agenda as they had not yet been completed.

 

Councilman Jackson wondered if Resolution 126-11 constituted a salary resolution and Mr. Tovo replied it did not, it was only an emergency appropriation with which to cover certain salary expenditures. Mr. Murphy reminded the Council and the Manager to present a Resolution at the next meeting concerning the sharing of the Chief Financial Officer position with Boonton Township.         

 

 

*CONSENT AGENDA

 

 

Council Member

By:

2nd:

Yes

No

Abstain

Absent

McWilliams

X

 

X

 

 

 

Holmberg

 

 

X

 

 

 

Jackson

 

 

X

 

 

 

Bravo

 

X

X

 

 

 

Shaw

 

 

X

 

 

 

Happer

 

 

 

 

 

X

Gormally

 

 

X

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

11.       DEPARTMENT REPORTS
            Construction Official

Department of Public Works           

Health Department

Fire Department

            Police Department

 

12.       ATTORNEY REPORT

 

Mr. Murphy had nothing to report.

    

13.       MANAGER REPORT

 

Mr. Tovo reported that at least seventy-five percent (75%) of the Borough had been cleaned up since the October storm, and he expected to be finished by the end of the week, weather permitting. The contractors were being supplemented with the Borough crews. Mr. Tovo commended the Borough departments and volunteers and offered a special thank you to Mr. Prusina and the DPW crew. Mr. Prusina commented that the shared service agreement between the Borough and the Board of Education proved to be very beneficial in this case. He said the DPW had the necessary equipment to respond to the storm emergency and applauded the Council for authorizing the purchase of such equipment.

 

Mr. Tovo said the fund transfers were necessary to cover the costs of Hurricane Irene and the unexpected legal fees for the police contract negotiations. 

 

Regarding the sight obstruction at Hanover Road and Glen Road, Mr. Tovo said this has been addressed. Councilman Holmberg asked if the Borough was in compliance with the ordinance and Mr. Tovo replied that the ground growth may have to be evaluated for height.

 

Councilman Holmberg asked if Mr. Tovo could address the public comments regarding ADA compliance at the Cove. Mr. Tovo said this issue was under review and he expected to have an answer for the Council at the next meeting.

 

Mr. Tovo touched on the sale of the property at 60 Route 46 East, and said the process of transferring the liquor license had begun.

 

Mr. Tovo mentioned the retirement party for Judge Miniman on December 15th and the need to recognize him for his years of service. Additionally, he reminded the Council that they would have to make a new appointment for the shared Court.

 

Mr. Tovo discussed the need to implement a new policy and procedure system for all Borough employees (non-police), which would allow for better accountability, better training, the reduction of liability for the Borough, and compliance with best practices. In response to questions from the Council, Mr. Tovo said that there would be an initial start up cost and then a yearly cost for the system. However, the Borough would realize cost savings by having the ability to offer on-site training to its employees instead of having to send them off-site. Also, the yearly cost supports the automatic update to any changes in policies and procedures. The Council was receptive to the idea of a new system.

 

Councilman Holmberg brought up the damages caused by trees during the recent storm and wondered how the Borough could maintain its tree canopy and its character but increase safety. Councilman Jackson pointed out that the Borough has three categories of trees: woodland trees, shade trees, and residential trees. He also reminded the Council that the Shade Tree Committee (STC) would be submitting a forestry management plan by the end of 2011. Councilman Shaw praised the efforts of the STC and said that the majority of the damage was done by trees located on personal property. Mr. Tovo said he would be reviewing the schedule for the arborist, and that the arborist would be visiting Birchwood in the very near future. Joan Best, STC Co-Chair, offered her comments regarding the need for the Woodlands Committee to receive training and to conduct inspections on woodland trees, as the STC inspects only the rights of way and the parks.

 

14.       COUNCIL REPORTS

 

Centennial Committee – Councilman McWilliams said the Committee had two final events, the play “Laker Voices” and the house tour, which would feature historic homes in the Borough.

 

Recreation Commission – Councilman McWilliams said the Commission was dealing with structural and operational items.

 

Lakes Management Committee – Councilman Shaw said that lake cleaning was off cycle because of the storm, and Mr. Tovo commented that Allied Biological had actually begun cleaning today. Councilman Shaw said that Allied Biological is preparing its year end report for the December meeting. In addition, the Committee is in the process of adopting a drawdown policy, recommending a drawdown of the lakes every four (4) years.

 

Councilman Jackson asked about the cleaning of the canal. Mr. Tovo replied that the ground must be harder before the Borough can undertake a general clean-up to maintain the health of the canal.

 

Historic Preservation Committee – previously discussed (Councilwoman Bravo)

 

Cove Centennial Committee – Councilwoman Bravo reported that Cove Park had been dedicated on Saturday, October 14th.

 

Volunteer Fire Department – Councilman Holmberg said the department was still looking for volunteers. However, he was pleased to report that the Junior Fire Department currently had a higher enrollment than in previous years.

 

Zoning Board of Adjustment – Councilman Jackson said the Board was reviewing its checklist for applications.

 

Shade Tree Commission – previously discussed (Councilman Jackson)

 

Traffic and Safety Committee – Councilman Jackson said the Committee would meet next month. Mr. Prusina reported that the contractor had returned to correct some sidewalk issues.

 

 

Planning Board – Mayor Gormally said the Board was in the final stages of the Master Plan review and that interactive maps will soon be available on the Borough’s website. He mentioned that the chair would be stepping down.

 

Councilman Jackson added that the Zoning Board of Adjustment would also have a vacancy.

 

Search Committee – Mayor Gormally said the Borough had advertised the Manager’s position and that the Search Committee would be meeting on December 5th. Committee members included Bud Luzzi and John Pendelton. The target date for interviews is December.

 

15.       PUBLIC COMMENT

 

Mayor Gormally opened the second public comment portion of the meeting with the consent of the Council.

 

Fred Kanter – Hanover Road

Mr. Kanter said that Mr. Tovo reported the sight problem at the intersection of Hanover Road and Glen Road had been alleviated. He said that the ordinance speaks to growth and not to a site obstruction and that this is not subject to interpretation. He commented that his taxes paid for the town crews to clean up the intersection and he feels that the property owner should pay instead. In reference to the proposed Historic Preservation Ordinance, he remarked that the State is responsible for licensing architects and the Borough Council could not approve or disapprove of an architect. Finally, he encouraged the Council to pass a sign ordinance.

 

With no one else wishing to be heard, Mayor Gormally closed the public comment portion of the meeting.

 

16.       ADJOURNMENT at 10:00 p.m.

Motion by Councilman Shaw, second by Councilman Holmberg, to adjourn the meeting at 10:00 p.m., with all members in favor signifying by “Aye”.

 

Attest: November 14, 2011

 

_____________________________                          _____________________________

Michele Reilly, Deputy Clerk                                       Charles X. Gormally, Mayor