BOROUGH OF MOUNTAIN LAKES
BOROUGH HALL, 400 BOULEVARD, MOUNTAIN LAKES
973-334-3131
NOVEMBER 12, 2012
8:00 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 8:03 p.m.
2. ATTENDANCE AND FLAG SALUTE
All Council members were present except for Councilman McWilliams, who was absent. Also in attendance were Borough Attorney Marty Murphy, Borough Manager Robert Tovo, and Deputy Borough Clerk Michele Reilly, as well as Borough Engineer Bill Ryden, Planning and Zoning Board Secretary/Administrator Cynthia Shaw, and Department of Public Works Director Mark Prusina.
3. COMMUNITY ANNOUNCEMENTS
Mayor Gormally said he wanted to acknowledge the phenomenal effort of Borough employees and volunteers during Hurricane Sandy, particularly those who were instrumental in the establishment of the warming center and facility at the Mountain Lakes High School. He specifically mentioned Le Lam, Xuyen Lam, An Lam, Mark Prusina, Robin Anderson, Begona Rodriguez, Lindsay Webber, Luis Sanchez, Mark Snoden, Dan Denison, Jeremiah Miller, Bob Beevers, Joe Calangelo, Vinh Pham, Mark Strich, Justin Connolly, Art Mokray, Fred Kanter, Mark DiIonno, Ron Gangel, Anne Mucci, and Bob Tovo.
Councilman Jackson said he also wanted to acknowledge the Police, Fire and Public Works Departments, as well as Borough Manager Robert Tovo. Councilman Shaw also included the Borough administrative staff.
Councilman Holmberg congratulated Councilman Doug McWilliams on his re-election to Borough Council, and also congratulated Councilmen-elect Frank Borin, John Lester, and Jason Bradlee.
4. 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 quoted President Kennedy and said that the Borough Council members should be asking what they could do for the town. He offered suggestions such as a reasonable balance between the Shade Tree Commission and laws against cutting trees, the installation of retro-reflective street signs, and improvements to Cove Park. He requested the Council make a motion to form a Committee to evaluate Cove Park and fix the issues.
Peter Wolfson – Morristown
Mr. Wolfson spoke on behalf of Hornrock Properties about the proposed Ordinance changes. He asked the Council to consider passing the Ordinance with all three (3) requested modifications and not just strictly the density change.
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Regular Minutes
Page Two
With no one else wishing to be heard, Mayor Gormally closed the public comment portion of the meeting.
5. DISCUSSION ITEM –
Residential Affordable Housing Zone (R-AH)
Mayor Gormally summarized the three (3) changes requested by the developer. He told the Council that the question was whether or not the developer should be sent before the Planning Board with amended site plan variances as part of their application or if the developer should be sent before the Planning Board with an amended site plan for full site plan review.
Borough Engineer Bill Ryden addressed the Council and said he was comfortable with the density change requested. However, he felt that the lack of specific information regarding the height and setback effectively took the prerogative of the Planning Board out of the equation; the Planning Board would not be able to “weigh in” if a flat zoning change was approved by the Borough Council. Cynthia Shaw, Planning and Zoning Board Secretary/Administrator, shared the concerns of the Zoning Officer and the results of the informal discussion among the Borough Administration.
Peter Wolfson, the attorney representing the developer, Hornrock Properties, addressed the Borough Council and said that Hornrock Properties would be presenting their proposal formally to the Planning Board. He offered to bring the professionals working with Hornrock to the public hearing in order to address any concerns about the zone changes. At this point, his client was asking for an introduction of the Ordinance in order to initiate the zone change process.
There was much Council discussion about how to proceed. Councilman Jackson expressed concerns about the density change affecting the Borough’s COAH obligation. Mr. Wolfson pointed out that there are eight (8) COAH units built and occupied on this site already and that Third Round COAH Rules have been invalidated. Councilwoman Bravo suggested that Ms. Shaw speak to the Borough’s Planner and make a call to the Department of Community Affairs in order to determine if a density change might have COAH implications.
The Council then voted to introduce Ordinance 20-12 with modifications to height, density, and setbacks.
6. DISCUSSION ITEM-
Construction Permits Due To Storm Related Damage
The Council discussed whether or not construction permitting fees would be paid by a homeowner’s insurance company, in the case of storm related damage. Deputy Mayor Happer said he had checked with his insurance agent and it seemed as if in most cases, the construction fees would be paid by the insurance company. In addition, he pointed out that construction permitting fees are designed to cover the Borough’s costs for the Construction Department. The Council decided against decreasing or waiving construction permitting fees as doing so appeared to benefit the insurance companies at the detriment of the Borough, and had no effect on the homeowners who had suffered storm damage.
However, the Council did request that Mr. Tovo instruct the Construction Department to streamline permits and inspections for storm related damage. Mr. Tovo said he would do so. He said the Construction Department would require proof of storm damage in order to expedite requests, and would be prioritizing storm related damage for the next sixty (60) days. Mr. Tovo told the Council that over eighty (80) residents had registered claims with FEMA.
7. ORDINANCE 20-12
ORDINANCE AMENDING CHAPTER 245-9 OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF MOUNTAIN LAKES CONCERNING THE RESIDENTIAL-AFFORDABLE HOUSING (RA-H) ZONE
WHEREAS, the R-AH Residential - Affordable Housing Zone is located in the Borough of Mountain Lakes west of the intersection of Fanny Road and Morris Avenue with the purpose of providing a realistic opportunity for the construction of affordable housing as part of a comprehensively planned housing development; and,
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Regular Minutes
Page Three
WHEREAS, the R-AH Zone was established via Ordinance 01-05 adopted on April 25, 2005 and via Ordinance 08-06 adopted on June 12, 2006 and limited development to a maximum of 44 dwelling units of which at least eight units were to be set aside as affordable housing units; and,
WHEREAS, the economic recession of 2007 has disrupted development in the R-AH Zone which is only partially complete, and that a new developer wishes to complete the project but in a modified fashion that is more responsive to current market demands; and,
WHEREAS, the proposed modifications include an increase in the total number of dwelling units from 44 units to 47 units, changes to the dwelling unit configurations, and other modifications to the site plan, and that to encourage completion of the project and retention of the Planning Board as having jurisdiction of the site plan, certain modifications to the R-AH Zone are determined to be appropriate.
WHEREAS, the Planning Board has reviewed this Ordinance and determined that it is in part inconsistent with the 1996 Master Plan and has recommended adoption despite the partial inconsistency.
NOW THEREFORE 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 245-9 entitled “Residential – Affordable Housing (R-AH) Zone,” is hereby amended in subparagraph A.(1) concerning principal permitted uses to read as follows:
(1) A maximum of 47 dwelling units shall be permitted, of which at least 8 units shall be set aside as affordable housing.
Section 2. Chapter 245-9 entitled “Residential-Affordable Housing (R-AH) Zone,” is hereby amended in subparagraph C concerning development standards to read in part as follows:
Type Requirement
Minimum setbacks (principal buildings)
From public right-of-way 40 feet2
NOTES:
2An elevated deck attached to a townhouse shall be permitted to extend up to 8 feet into the required minimum setback from the Fanny Road public right-of-way provided the floor area of the deck is less than 125 square feet and the deck is unroofed and unenclosed except for safety railings and proved that the intervening yard area is effectively buffered by landscaping.
Section 3. Chapter 245-9 entitled “Residential – Affordable Housing (R-AH) Zone,” is hereby amended in subparagraph C concerning development standards to read in part as follows:
Type Requirement
Maximum height 2½ stories/35 feet3
3A maximum building height of 3 stories and 39 feet shall be permitted for market rate townhouses in buildings in which any portion of the building is within 150 feet of Morris Avenue or within 50 feet of Fanny Road. This extended height limit shall apply to a maximum of 5 buildings containing a maximum of 22 townhouse units.
Section 4. 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 5. All ordinances or parts of ordinances that are inconsistent herewith are hereby repealed to the extent of such inconsistency.
Section 6. This Ordinance shall take effect immediately after final passage and publication in the manner provided by law.
NOVEMBER 12, 2012
Regular Minutes
Page Four
Following introduction, the above Ordinance will be published in accordance with the law and a public hearing will be held on December 10, 2012.
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Council Member |
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Abstain |
Absent |
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2nd |
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Abstain |
Absent |
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McWilliams |
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Holmberg |
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Jackson |
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Bravo |
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Shaw |
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Happer |
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Gormally |
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8. *RESOLUTIONS
R136-12 Resolution Authorizing Execution of Amended Developers Agreement –
Borough of Mountain Lakes and Rensselaer Grads, LLC
R137-12 Resolution Authorizing Discharge of Lien – Block 15, Lot 1
R138-12 Resolution Authorizing Payment of Bills
PR04-12 Special Proclamation - Reed Carter, Eagle Scout
Prior to the roll call vote, Councilman Jackson asked to pull Resolution 136-12, Resolution Authorizing Execution of Amended Developers Agreement – Borough of Mountain Lakes and Rensselaer Grads, LLC. Due to questions about Resolutions 137-12, Resolution Authorizing Discharge of Lien – Block 15, Lot 1, and 138-12, Resolution Authorizing Payment of Bills, the Council consensus was to vote on each Resolution separately.
Resolution 137-12 Resolution Authorizing Discharge of Lien – Block 15, Lot 1
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Council Member |
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2nd: |
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No |
Abstain |
Absent |
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McWilliams |
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Holmberg |
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Jackson |
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Bravo |
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Shaw |
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Happer |
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Gormally |
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NOVEMBER 12, 2012
Regular Minutes
Page Five
Resolution 138-12 Resolution Authorizing Payment of Bills
In response to Council questions about the LOSAP (Length Of Service Award Program) payment, Mr. Tovo explained the LOSAP program and the Fire Department’s procedures for certifying eligibility. He said he will be making some modifications to the procedures for 2013 in order to ensure better accountability.
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Council Member |
By: |
2nd: |
Yes |
No |
Abstain |
Absent |
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McWilliams |
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Holmberg |
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Jackson |
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Bravo |
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Shaw |
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Happer |
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Gormally |
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Proclamation 04-12 Special Proclamation - Reed Carter, Eagle Scout
Mayor Gormally expressed the Council’s pride in Reed Carter’s accomplishment of attaining the rank of Eagle Scout. The Council unanimously approved the Proclamation by voice vote (McWilliams, absent).
Resolution 136-12 Resolution Authorizing Execution of Amended Developers Agreement –
Borough of Mountain Lakes and Rensselaer Grads, LLC
The Council discussed the terms of the amended Developers Agreement, which included a payment of $100,000 to the Borough by December 31, 2012, $8,333 upon the closing of each market rate unit, and the remainder of the entire balance, if any, due by December 31, 2015.
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Council Member |
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Abstain |
Absent |
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McWilliams |
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Holmberg |
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Jackson |
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Bravo |
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Shaw |
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Happer |
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Gormally |
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9. ATTORNEY REPORT
Mr. Murphy had nothing to report.
NOVEMBER 12, 2012
Regular Minutes
Page Six
10. MANAGER REPORT
Mr. Tovo said that FEMA toured the Borough with him on November 3rd. In addition, he has already submitted his preliminary after action report to the Mayor and Borough Council. There were over fifty (50) snapped or downed poles in the Borough. Mr. Tovo said that clean-up efforts will continue for some time, and that the trail at Birchwood is still closed until a safety assessment can be made.
Mr. Tovo reported that the on-site Police Accreditation Assessment was held on Sunday, November 11 and Monday, November 12. He was pleased to tell the Council that the Police Department passed with flying colors and was evaluated on 114 standards, only two (2) of which required minor modifications. The assessment team commented on the quality of Police Department personnel, their professionalism and courteousness, the thoroughness of Police and Borough policies, the extent to which the Office of Emergency Management (OEM) operates and interacts effectively with other Borough agencies, and the maximization of the space allocated to the Police Department. In addition, the assessment team commented on the thoroughness of reports and investigations surrounding the shooting incident on October 14, 2011. The assessment team will be recommending to the State that the Mountain Lakes Police Department receive accreditation, and Mr. Tovo said an accreditation award means that the Department is in compliance with best practices. As a result of compliance there is a decrease in potential liability, a decrease in JIF insurance premiums, and in addition, he said it is much easier to manage an agency with clear cut policies and procedures.
Mr. Tovo offered thanks to the Accreditation Manager, Detective Shawn Bennett, and his assistant, Detective Jason Dimick, for their hard work. Mayor Gormally said this was a fantastic result and extended the Council’s compliments. He also asked about the cost of maintaining an accredited department. Mr. Tovo said that there would be an agency involved in order to make sure the Police Department maintained compliance with accreditation standards but the cost was minimal. He estimated $5,000 a year, which he said would be money well spent.
Mr. Tovo announced that he had completed his mini-MBA program, which targeted municipal managers and department heads.
Mr. Tovo said that bank reconciliations for the Current, Capital, Water, and Sewer accounts were completed through September. Trust accounts were completed through August. The Council requested that Acting Chief Financial Officer Tim Roberts be present at the next meeting.
Mr. Tovo expected the Solid Waste Committee to meet soon and to offer their recommendations to the Council at the next meeting.
Councilman Jackson inquired about the Open Space Grant for the King of Kings property. Councilman Shaw said the grants would not be awarded until November 28th. Even if the Borough were to receive grant money, the Council determined it’s unlikely the King of Kings issue will be settled prior to the end of 2012.
Mr. Tovo said he will provide an update on the Tax Assessment at the next Borough Council meeting.
11. COUNCIL REPORTS
Zoning Board of Adjustment – Councilman Shaw said there was now a vacancy and recognized Mark Cohn for his service.
Personnel Sub Committee – Councilman Shaw spoke about the selection process for Police Chief. He said the Committee has received responses, resumes and essay questions, from five (5) candidates. Interviews are scheduled for Monday, November 19th. Interviews with the full Council (in closed session) will be held December 10th. The Borough Manager will make a recommendation to the Council as well. After Council discussion, the appointment of Police Chief will take place before the end of the year in order to allow a transition period before the new Chief assumes full command of the Police Department, which is expected to be on or about March 1st.
Health Commission – Councilman Holmberg said the Commission would be discussing leash laws. In addition, he said eighty-six (86) residents and employees received flu shots, and the Health Officer provided forty-one (41) hours of service to the Borough in October. He also mentioned that the Health Officer, John Wozniak, praised the Borough its communications during Hurricane Sandy. Mr. Wozniak said mental health is a big concern during an event such as the Hurricane, and communication goes a long way towards decreasing anxiety. Mr. Wozniak also praised the Borough for the shelter set up at the High School, which was inspected by both Mr. Wozniak and the Red Cross.
NOVEMBER 12, 2012
Regular Minutes
Page Seven
Fifty-Five Plus Committee – Councilman Jackson praised the group for the high caliber of their meetings.
Shade Tree Commission – Councilwoman Bravo said the Shade Tree Commission was meeting this week. Mayor Gormally asked that the meeting be advertised on the notice board.
Mayor Gormally offered thanks to Assemblyman Anthony Bucco Jr. and Senator Anthony Bucco Sr. for their assistance to the Borough during Hurricane Sandy.
12. 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 suggested the Borough hire an arborist. He also suggested the possibility of sending out a newsletter consisting of emergency information/helpful hints for residents and volunteered to assist in its publication. He asked what the Council was doing to fix the issues at Cove Park. He also urged the Council to consider different professionals when it came time to reappoint the Borough attorney and engineer in 2013.
John Lester – Boulevard
Mr. Lester asked if the Borough would be able to start a CERT (Certified Emergency Response Team) program. He urged the Council to begin planning immediately as winter snowstorms will soon begin.
With no one else wishing to be heard, Mayor Gormally closed the public comment portion of the meeting.
13. ADJOURNMENT at 10:18 p.m.
Motion made by Councilman Holmberg, second by Councilman Shaw, to adjourn the meeting at 10:18 p.m., with all members in favor signifying by “Aye”.
*Consent agenda
Attest: November 12, 2012
________________________________ _______________________________
Michele Reilly, RMC, Deputy Clerk Charles X. Gormally, Mayor