BOROUGH OF MOUNTAIN LAKES
BOROUGH HALL, 400 BOULEVARD, MOUNTAIN LAKES
973-334-3131
OCTOBER 9, 2012
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, 2012 and posted in the municipal building.
Mayor Gormally called the meeting to order at 7:30 p.m.
2. ATTENDANCE AND FLAG SALUTE
All Council members were present except for Councilman Holmberg, who was absent. Also in attendance were Borough Attorney Jim Bryce, Borough Manager Robert Tovo, and Deputy Borough Clerk Michele Reilly.
3. EXECUTIVE SESSION RESOLUTION R125-12
Matters Relating to Litigation, Negotiations and the Attorney-Client Privilege
-Tax Appeal Settlement: Roth, Robert and Susan vs. Mountain Lakes
Matters Relating to Litigation, Negotiations and the Attorney-Client Privilege
-Executive Minute Review
Motion made by Councilman McWilliams, second by Councilwoman Bravo, to enter into Executive Session with all members in favor signifying by “Aye”.
Motion made by Councilman McWilliams, second by Councilman Shaw, 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
Mayor Gormally announced that the League of Women Voters would be hosting a candidate’s forum at the Mountain Lakes High School on October 25th.
Councilwoman Bravo said she had read about a Halloween decorating contest in the Mountain Lakes Living Magazine. The winner of the best decorated house in Mountain Lakes wins a YMCA membership. The contest is sponsored by the Soft Bones Foundation.
Councilman McWilliams reminded the Council and members of the public about Shredding Day, which will take place on October 27th. The event is not limited to residents, and proceeds are donated to the Mountain Lakes Fire Department and the Boonton Kiwanis Ambulance Squad.
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 reminded the Council that Borough Engineer Bill Ryden was not a legal expert. Mr. Kanter stated that even if Mr. Ryden did not advise the Borough to include curb cuts at Cove Park, a legal expert should have been consulted. Mr. Kanter also wondered why only those owners with property surrounding the Cove had received a notice from the Borough.
OCTOBER 9, 2012
Regular Minutes
Page Two
With no one else wishing to be heard, Mayor Gormally closed the public comment portion of the meeting.
6. DISCUSSION ITEM –
Solid Waste Committee Mission
Councilman McWilliams advised the Council that per Resolution 45-12, the Committee’s term expires effective December 31, 2012. He said that the Committee had spent most of its initial term working on the RFP, as the process was very intense, but had some additional issues it would like to explore, such as vegetative waste and bulk item pickup. He asked the Council to determine whether or not there might be a future goal for the Committee. Mr. Tovo said he thought extending the term of the Committee for another year was an excellent idea in order to address these additional issues as a way to provide better service to the community.
The consensus of the Council was that the Committee should be granted an additional term of one year at the annual Reorganization meeting in January. Mayor Gormally advised Councilman McWilliams that the Committee should explore shared services and economies of scale. Councilwoman Bravo asked Councilman McWilliams to have the Committee provide measurable goals.
7. ORDINANCE 18-12
ORDINANCE AMENDING CHAPTER 40 OF THE REVISED GENERAL ORDINANCES OF THE
BOROUGH OF MOUNTAIN LAKES AMENDING ZONING BOARD OF ADJUSTMENT CHECKLIST FOR APPLICATIONS AND APPEALS.
BE IT ORDAINED by the Borough Council of the Borough of Mountain Lakes, in the County of Morris and State of New Jersey, as follows:
Section 1. Chapter 40, “Land Use Administration,” Section 40-22, entitled “Appeals and Applications”, subsection D(2)., is hereby amended to read in its entirety, as follows:
(2) The Zoning Board of Adjustment, or its designee, has notified the applicant, in writing, of the deficiencies in the application within 45 days of submission of the application. The applicant may request that one or more of the submission requirements be waived, in which event the Zoning Board of Adjustment shall grant or deny the request within 45 days. Nothing herein shall be construed as diminishing the applicant's obligation to prove in the application process that (s)he is entitled to approval of the application. The Zoning Board of Adjustment may subsequently require correction of any information found to be in error and submission of additional information not specified in the chapter or any revisions in the accompanying documents as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents so required by the Zoning Board of Adjustment.
CHECKLIST
1. Application form, original and 13 copies with all items completed.
2. Fee required by § 111-3H of this Code.
3. If an appeal, copy of Zoning Officer's decision from which this appeal is being taken.
4. Certification of the Tax Collector that taxes have been paid.
5. Original and 13 copies of plot plan, current survey and area map. Must be ready for public inspection in administrative officer's office 10 days before hearing. The original survey should be brought to hearing. The plan must include the following:
(a) Lot lines, with dimensions shown on a current survey prepared by a licensed professional surveyor, engineer, architect or landscape architect in the State of New Jersey;
(b) Tax block and lot numbers;
(c) Zone district;
(d) Name of road or roads on which the property fronts;
(e) Easements, rights-of-way, and zone boundaries;
(f) Location of streams, lakes, and freshwater wetlands;
(g) Topographical information;
OCTOBER 9, 2012
Regular Minutes
Page Three
(h) Location of all existing buildings, proposed structures or changes showing front, rear and side yard dimensions and distance from buildings and accessory structures to property lines;
(i) Architectural elevations and floor plans, including structural height, of proposed addition or new building;
(j) Building area allowed – draw lines showing required front, rear and side yard setbacks;
(k) Location, arrangement and dimensions of parking area, driveway, patios, etc.;
(l) Names of adjoining property owners with lot and block designations;
(m) Location of all buildings on all adjoining properties, including setbacks.
(n) Zoning Compliance Chart
The area map may be copied from the tax maps in the assessment office. It must show the applicant's plot and the properties within 200 feet in outline, including properties outside the Borough, where necessary. It must indicate lot and block numbers on each plot within the two-hundred-foot area within or without the Borough.
6. One copy of Notice Served, Affidavit of Service and List of Property Owners served, together with Certified Mail receipts, if applicable. Send or deliver to Administrative Office one week prior to hearing.
Section 2. If any section or provision of this Ordinance shall be held invalid in any Court of competent jurisdiction, the same shall not affect the other sections or provisions of this Ordinance, except so far as the section or provision so declared invalid shall be inseparable from the remainder or any portion thereof.
Section 3. All Ordinances or parts of Ordinances, which are inconsistent herewith are hereby repealed to the extent of such inconsistency.
Section 4. This Ordinance shall take effect immediately after final passage and publication in the manner provided by law.
Following introduction, the above Ordinance will be published in accordance with the law and a public hearing will be held on November 26, 2012.
Prior to the roll call vote, Mr. Bryce explained that the Planning Board attorney had recommended that this Ordinance be referred to the Planning Board as it pertains to land use; therefore, the public hearing will not be held until the end of November unless the Planning Board responds prior to the thirty-five (35) day referral period.
|
Council Member |
By: |
2nd |
Yes |
No |
Abstain |
Absent |
By |
2nd |
Yes |
No |
Abstain |
Absent |
|
McWilliams |
|
|
X |
|
|
|
|
|
|
|
|
|
|
Holmberg |
|
|
|
|
|
X |
|
|
|
|
|
|
|
Jackson |
|
|
X |
|
|
|
|
|
|
|
|
|
|
Bravo |
|
|
X |
|
|
|
|
|
|
|
|
|
|
Shaw |
X |
|
X |
|
|
|
|
|
|
|
|
|
|
Happer |
|
X |
X |
|
|
|
|
|
|
|
|
|
|
Gormally |
|
|
X |
|
|
|
|
|
|
|
|
|
OCTOBER 9, 2012
Regular Minutes
Page Four
8. ORDINANCE 19-12
ORDINANCE AMENDING CHAPTER 111 OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF MOUNTAIN LAKES ENTITLED “FEES”
BE IT ORDAINED by the Borough Council of the Borough of Mountain Lakes, in the County of Morris and State of New Jersey, as follows:
Section 1. Chapter 111 of the Revised General Ordinances of the Borough of Mountain Lakes, § 111-3 entitled "Fee schedules", Subsection H entitled "Zoning Board of Adjustment", shall be amended to read in its entirety as follows:
H. Zoning Board of Adjustment.
|
|
|
Fee |
Code Reference
|
|
(1) |
Appeals |
$250.00 |
§40-32 |
|
(2) |
C Variances [N.J.S.A. 40:55D-70(c)] For structural additions and alterations to the principle structure |
$250.00 per variance |
|
|
(3) |
C Variances [N.J.S.A. 40:55D-70(c)] For non-structural additions or alterations to the principle structure such as decks, patios, compressors, etc. |
$150.00 per variance |
|
|
(4) |
D Variances [N.J.S.A. 40:55D-70(d)(1)(2)(3)] |
$500.00 per variance |
|
|
(5) |
D Variances [N.J.S.A. 40:55D-70(d)(4)(5)(6)] |
$250.00 per variance |
|
|
(6) |
Interpretations |
$250.00 |
|
|
(7) |
Issuance of Permit [N.J.S.A. 40:55D-34] |
$250.00 |
|
|
(8) |
Escrow fees (a) D Variances [N.J.S.A. 40:55D-70(d)(1)(2)(3)]
(b) Review and/or outside consultants or experts
(c) Residential subdivision or site plan
(d) Non-residential subdivision or site plan |
$1,000.00
$2,000.00
$50.00 per lot/ minimum fee $500.00 $200.00 per 1,000 sq. ft. of new floor space/minimum fee $2,000.00 |
§40-33 |
|
(9) |
Subdivision, Site Plan, or Conditional Use Approval Pursuant to §40-21A(7) |
Same as Planning Board Fees §111-3G
|
|
|
(10) |
Compiled and certified list of property owners in Borough to whom applicant for variance is required to give notice |
$10.00 |
§40.36 |
|
|
When the applicant requests that an application be carried to another meeting there shall be an additional charge of 10% of the particular fee paid |
|
|
OCTOBER 9, 2012
Regular Minutes
Page Five
Section 2. If any section or provision of this Ordinance shall be held invalid in any Court of competent jurisdiction, the same shall not affect the other sections or provisions of this Ordinance, except so far as the section or provision so declared invalid shall be inseparable from the remainder or any portion thereof.
Section 3. All Ordinances or parts of Ordinances, which are inconsistent herewith are hereby repealed to the extent of such inconsistency.
Section 4. This Ordinance shall take effect immediately after final passage and publication in the manner provided by law.
Following introduction, the above Ordinance will be published in accordance with the law and a public hearing will be held on October 22, 2012.
|
Council Member |
By: |
2nd |
Yes |
No |
Abstain |
Absent |
By |
2nd |
Yes |
No |
Abstain |
Absent |
|
McWilliams |
|
|
X |
|
|
|
|
|
|
|
|
|
|
Holmberg |
|
|
|
|
|
X |
|
|
|
|
|
|
|
Jackson |
|
|
X |
|
|
|
|
|
|
|
|
|
|
Bravo |
|
X |
X |
|
|
|
|
|
|
|
|
|
|
Shaw |
X |
|
X |
|
|
|
|
|
|
|
|
|
|
Happer |
|
|
X |
|
|
|
|
|
|
|
|
|
|
Gormally |
|
|
X |
|
|
|
|
|
|
|
|
|
9. *RESOLUTIONS
R126-12 Supplemental Salary Resolution – Emerick, Grey,Sharp
R127-12 Release of Executive Minutes
R128-12 Authorizing the Execution of an “Incidental Modification to Project Scope/Limits” in Conjunction with the Powerville Road Project
R129-12 Payment of Bills
10.*MINUTES
September 10, 2012 (Regular)
11. *DEPARTMENT REPORTS
Construction Official
Department of Public Works
Fire Department
Health Officer
Police Department
Prior to the roll call vote, Deputy Mayor Happer asked to pull Resolution 128-12, Authorizing the Execution of an “Incidental Modification to Project Scope/Limits” in Conjunction with the Powerville Road Project.
Councilman Shaw, Councilman Jackson, and Deputy Mayor Happer presented minor changes to the minutes.
Mayor Gormally asked that the closure and reconciliation of the Centennial account be placed on a future agenda.
OCTOBER 9, 2012
Regular Minutes
Page Six
|
Council Member |
By: |
2nd: |
Yes |
No |
Abstain |
Absent |
|
McWilliams |
|
|
X |
|
|
|
|
Holmberg |
|
|
|
|
|
X |
|
Jackson |
|
|
X |
|
|
|
|
Bravo |
|
|
X |
|
|
|
|
Shaw |
X |
|
X |
|
|
|
|
Happer |
|
X |
X |
|
|
|
|
Gormally |
|
|
X |
|
|
|
Resolution 128-12, Authorizing the Execution of an “Incidental Modification to Project Scope/Limits” in Conjunction with the Powerville Road Project
Mr. Tovo explained that this Resolution was required by the Department of Transportation (DOT) due to the fact that the Borough modified the original project as full funding wasn’t available. Mr. Tovo said the grant application for 2013 was submitted last week, and will cover the other half of Briarcliff Road.
|
Council Member |
By: |
2nd: |
Yes |
No |
Abstain |
Absent |
|
McWilliams |
|
|
X |
|
|
|
|
Holmberg |
|
|
|
|
|
X |
|
Jackson |
|
|
X |
|
|
|
|
Bravo |
|
|
X |
|
|
|
|
Shaw |
|
X |
X |
|
|
|
|
Happer |
X |
|
X |
|
|
|
|
Gormally |
|
|
X |
|
|
|
Resolution to Approve the Tax Appeal Settlement: Roth, Robert and Susan vs. Mountain Lakes
|
Council Member |
By: |
2nd: |
Yes |
No |
Abstain |
Absent |
|
McWilliams |
|
|
X |
|
|
|
|
Holmberg |
|
|
|
|
|
X |
|
Jackson |
|
|
X |
|
|
|
|
Bravo |
X |
|
X |
|
|
|
|
Shaw |
|
|
X |
|
|
|
|
Happer |
|
X |
X |
|
|
|
|
Gormally |
|
|
X |
|
|
|
OCTOBER 9, 2012
Regular Minutes
Page Seven
12. ATTORNEY REPORT
Mr. Bryce had nothing to report.
13. MANAGER REPORT
Mr. Tovo said that the Open Space Grant hearing regarding the Borough’s King of Kings application would be held on October 25th. Councilman Shaw said that there are two nights for the hearings, October 22 and October 25. After the meetings, the Open Space Grant Committee makes a recommendation to the Board of Chosen Freeholders and they then make a decision regarding the awarding of funds. Councilman Jackson asked if it was reasonable to expect a conclusion to the grant process by the end of 2012 and Mr. Tovo said yes.
Mr. Tovo reported that Ann Purcell’s bond application was approved by the Morris County Joint Insurance Fund (JIF), and that he was recommending her appointment as Tax Collector. Additionally, he was recommending that Melissa Mabey, currently the part-time Police Secretary, be hired full-time and split her duties as the part-time Utilities Clerk and part-time Police Secretary.
Mr. Tovo said that the new phone installation was underway. Phones have been installed at the Department of Public Works, work continues on the Administrative offices, and the installation for the Police Department will begin Monday.
Mr. Tovo told the Council that the lake lowering continues and is expected to be completed by the 20th or 22nd of the month; boards must be replaced by November 1st. Also, Mr. Tovo said the Borough is planning to redesign the spillway at Midvale Dam. At Deputy Mayor Happer’s request, Mr. Tovo will research the due dates for the Dam Inspection Reports.
Mr. Tovo indicated that bear sightings and calls have dropped recently. The Police Department reported an average of 15-20 daily sightings/calls a week ago, and is now reporting an average of 2-4 daily sightings/calls currently. The Police Department has been very aggressive in adverse conditioning and the Division of Fish and Wildlife has trapped and removed two (2) male bears from the Borough. Mr. Tovo also reported that the deer herd is under control thanks to the successful program run by the United Bowhunters of New Jersey.
Mr. Tovo mentioned that the solid waste bid opening would be held on October 17th at 10 am. The date was changed due to the need to amend a tonnage number reported in the RFP. When the original bid specifications were compiled, the Borough was unaware that the tonnage numbers reported by the Municipal Utilities Authority (MUA) included all sources (industrial and residential). The amendment included only the tonnage reported by the Borough’s current handler.
Mr. Tovo said he had been informed by Mr. Del Guercio, the Tax Assessor that the County Tax Board has approved the Borough’s request for reassessment and he is now waiting for the State’s approval. The goal of the reassessment is to curb the number of tax appeals.
14. COUNCIL REPORTS
Personnel Sub-Committee – Councilman Shaw said the Committee would be meeting regularly through the end of the year, as the process for selection of Police Chief has begun. The process includes written questions, an interview with the Personnel Sub-Committee, and an interview with the entire Borough Council.
Web Committee – Councilman McWilliams reported that the Committee would be meeting tomorrow. He said that ten percent (10%) of households in the Borough had accessed the website to view the Police Department’s bear presentation.
Environmental Commission – Deputy Mayor Happer said the Commission was the recent recipient of a $2,000 grant from Sustainable Jersey. The grant money would be used to fund speakers and movies for community events. In addition, members of the Commission met with the Passaic River Coalition regarding a well-head protection ordinance. The Committee hopes to have a discussion on this subject with the Borough Council before the end of the year.
OCTOBER 9, 2012
Regular Minutes
Page Eight
Recreation Commission – Mayor Gormally reminded the Council that the Commission would be making a presentation at the next Council meeting and he asked Council members to submit questions to him. Councilman Jackson asked that the Commission address background checks for volunteers and also that any fund analysis include both trust accounts and Borough funds.
Councilman Shaw reminded the Council that, as liaisons to the boards, committees, and commissions, they should inquire as to which members would be continuing to serve, which positions were vacant, and if there were any new appointments. This information will be given to the Clerk, and new volunteers and returning members will be appointed by the Borough Council at the Reorganization meeting in January. Councilwoman Bravo also reminded the Council liaisons to encourage their groups to updates goals and objectives, as well as their budget items.
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 commented on the minutes from the last meeting. Also, he said he would be happy to contribute and to help pick up signs around the Borough. Finally, he said he was going to check on the roads which are due to be paved and report back to the Council if he feels certain paving jobs are unnecessary.
With no one else wishing to be heard, Mayor Gormally closed the public comment portion of the meeting.
16. ADJOURNMENT at 9:08 p.m.
Motion made by Councilman Shaw, second by Deputy Mayor Happer, to adjourn the meeting at 9:08 p.m., with all members in favor signifying by “Aye”.
*Consent agenda
Attest: October 9, 2012
________________________________ _______________________________
Michele Reilly, RMC, Deputy Clerk Charles X. Gormally, Mayor