BOROUGH OF MOUNTAIN LAKES
BOROUGH HALL, 400 BOULEVARD, MOUNTAIN LAKES
973-334-3131
NOVEMBER 26, 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 7:33 p.m.
2. ATTENDANCE AND FLAG SALUTE
All Council members were present except for Councilwoman Bravo, who arrived at 7:39 p.m.. Also in attendance were Borough Attorney Marty Murphy, Borough Manager Robert Tovo, and Deputy Borough Clerk Michele Reilly, as well as Department of Public Works Director Mark Prusina.
3. EXECUTIVE SESSION RESOLUTION R139-12
Matters Relating to the Employment Relationship
-Personnel: Review of Process for Police Chief Interviews
Motion made by Councilman McWilliams, second by Councilman Shaw, to enter into Executive Session with all members in favor signifying by “Aye”.
Motion made by Councilman Holmberg, 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
Councilman Shaw congratulated the High School football team on their win in the first round of the State playoffs.
Councilman Holmberg reminded the Council and members of the audience about the Christmas tree lighting at Kaufmann Park on December 2nd at 5 pm.
Mayor Gormally read a letter from a resident expressing gratitude and appreciation for all the help given by the Borough Departments and the School during Hurricane Sandy.
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.
Joan Best – Intervale Road
Mrs. Best spoke on behalf of the Shade Tree Commission (STC) and cited her sixteen (16) year involvement. She said she wanted to address the bad press the Commission had received in the Star Ledger after Hurricane Sandy. She told the Council that relatively few trees under the care of the STC had affected power lines or poles but that the majority of tree issues involved woodland or private property trees over which the Commission has no jurisdiction. She said that the STC brought up concerns about woodland trees fifteen months ago, after Hurricane Irene, and that the Borough still needs to address this issue.
NOVEMBER 26, 2012
Regular Minutes
Page Two
John Lester – Boulevard
Mr. Lester discussed communications to residents. He suggested that the format of Borough Council meetings may not be conducive to the exchange of information with the public and offered his opinion that the Council conduct town-hall style meetings instead, at least on a quarterly basis.
Ray Best – Intervale Road
Mr. Best spoke in support of Mrs. Best and the Shade Tree Commission. He also commented that he felt the Committee/Commission structure in Mountain Lakes had changed over the years.
With no one else wishing to be heard, Mayor Gormally closed the public comment portion of the meeting.
The Borough Council briefly discussed the challenges of communicating and keeping residents informed, engaging residents in volunteerism and local government issues, the importance of the Broadcast Email system, and the merits of the town-hall style meeting. It was the consensus of the Council that it would be appropriate to discuss these issues further in 2013 when the Council goals are set. Deputy Mayor Happer stated that he would like the Council to review the 2012 Council goals and objectives at the next meeting.
6. 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;
(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;
NOVEMBER 26, 2012
Regular Minutes
Page Three
(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.
If adopted, this Ordinance shall take effect after publication and passage as provided by law.
PUBLIC HEARING
Mayor Gormally reminded the Council that the Planning Board had indicated that this proposed change was not inconsistent with the Master Plan.
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Council Member |
By: |
2nd |
Yes |
No |
Abstain |
Absent |
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2nd |
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Abstain |
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McWilliams |
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Holmberg |
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Jackson |
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Bravo |
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X |
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Shaw |
X |
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X |
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Happer |
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X |
X |
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Gormally |
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7. *RESOLUTIONS
R140-12 Resolution Authorizing Chapter 159-Special Items of Revenue and Appropriations:
NJ Clean Energy Grant – State Forestry Services Community Forestry Grant
R141-12 Resolution Authorizing Chapter 159-Special Items of Revenue and Appropriations:
NJ Clean Energy Grant – 2012 Recycling Tonnage Grant
R142-12 Resolution Authorizing Award of Solid Waste Contract
R143-12 Resolution Authorizing Payment of Bills
Prior to the roll call vote, Mayor Gormally pulled Resolution 142-12, Resolution Authorizing Award of Solid Waste Contract.
NOVEMBER 26, 2012
Regular Minutes
Page Four
8. *MINUTES
October 22, 2012 (Executive)
October 22, 2012 (Regular)
November 12, 2012 (Regular)
9. *DEPARTMENT REPORTS
Construction Official
Department of Public Works
Fire Department
Health Officer
Police Department
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Council Member |
By: |
2nd: |
Yes |
No |
Abstain |
Absent |
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McWilliams |
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X |
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Holmberg |
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X |
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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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**McWilliams abstained on November 12, 2012 (Regular) Minutes
Resolution 142-12 Resolution Authorizing Award of Solid Waste Contract
Councilman McWilliams gave background information about the Solid Waste Committee and their involvement in the RFP process. He stated the Borough had received two responses to the RFP and both were determine to be legally compliant by the Borough Attorney.
The Committee and Manager’s recommendations were to award the bid to Suburban Disposal. The contract award will be for five (5) years and the rate of the contract will remain stable for all five years. This represents a cost savings of $74,000 per year to the Borough when compared to the current solid waste contract.
The major change to the contract will be that the Borough will maintain ownership of its recyclables. This was a recommendation of the Committee, stemming from the desire to allow residents to recycle the broadest array of items. The Borough plans to pursue a contract with ReCommunity for the disposal of recycling and residents will be able to recycle more plastics (numbers 1-7, except #3 and #6). Responding to questions regarding the potential liability of maintaining the ownership of recyclables, Mr. Tovo said the Borough plans to offset such risk by educating the public, policing the recycling area and having the schools actively participate in recycling. The current recycling program is limited due to the fact that the current handler uses more than one recycling facility for the disposal of recyclables, and each facility differs in the type of recycling it will accept.
Mayor Gormally stated that the Borough spends $140,000 for back door collection of garbage and that this increases the cost of the contract by fifty percent (50%). He said the solid waste contract was one of the largest line items in the budget and only negotiable once every five years, and he felt that his colleagues were missing an opportunity to recapture some revenue by eliminating homeside pickup. The other Borough Council members disagreed, citing resident feedback and quality of life issues in support of maintaining the current pickup schedule at the back door instead of curbside.
NOVEMBER 26, 2012
Regular Minutes
Page Five
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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 |
X |
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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.
10. MANAGER REPORT
-CFO UPDATE
Mr. Tovo stated that Mr. Roberts was ill and therefore not in attendance at tonight’s meeting. However, he expected to be present at tomorrow’s Finance Committee meeting. Mr. Roberts had asked Mr. Tovo to report that reconciliations are up to date through October for the Capital, Sewer, and COAH accounts. All other accounts were up to date through September except for the Recreation Trust. Mr. Roberts said he expected to have all reconciliations up to date by the end of 2012.
Mr. Tovo mentioned that he would be attending a FEMA meeting on Friday at the Morris County Police & Fire Academy. The Borough is already exploring clean-up options through state contracts and local vendors, but is waiting for FEMA to commit funds before making decisions as to how to finish cleaning up the larger debris from Hurricane Sandy. Mr. Tovo said that the State of New Jersey has applied to the federal government for money to be used for the clean-up of private property. Mr. Tovo stated that the Borough needs to change its practice of paying for the removal of Borough trees that fall on private properties, as this is very expensive for the Borough and it is also very difficult to budget. Councilman Jackson asked about holding a discussion on lessons learned from Hurricane Sandy, and Councilwoman Bravo thought this might be an appropriate Council goal for 2013. Mr. Tovo said he had made a phone call and sent an email to JCP&L requesting a meeting but had not yet heard back from them.
11. COUNCIL REPORTS
Solid Waste Committee – previously discussed per Councilman McWilliams.
Personnel
Sub-Committee – previously discussed per Councilman Shaw.
Historic Preservation Committee – Councilman Holmberg said the new website would be rolled out early next year.
Finance Advisory Committee – Deputy Mayor Happer said as mentioned, the Committee would meet tomorrow night.
Environmental Commission – Deputy Mayor Happer said the Commission is still working on its well-head protection Ordinance.
Lakes Management Committee – Councilwoman Bravo said the November meeting had been cancelled due to Hurricane Sandy. The Committee will meet in early December and items of concern on the agenda include beavers and muskrats.
NOVEMBER 26, 2012
Regular Minutes
Page Six
Shade Tree Commission – Councilwoman Bravo said the Shade Tree Commission met recently. In attendance were the Mayor, the Manager, and five or six members of the public. She offered kudos to Mrs. Best on her ability to talk through some of the concerns expressed by those residents in the audience. She mentioned that Mrs. Best and Sue Marshall would be retiring from the Commission at the end of 2012, with sixteen (16) and fourteen (14) years of service, respectively. Councilwoman Bravo said the Shade Tree Commission was preparing an informative article on pruning and tree care for residents.
Regarding the Committee and Commission appointments for 2013, Mayor Gormally reminded the Council and the audience that there are many opportunities for volunteerism. He said the Council liaisons should work with the committee members and chairs and communicate new appointments and reappointments to the Deputy Clerk.
In reference to the reappointment of Borough professionals, it was the consensus of the Council that the Personnel Sub-Committee should be responsible for compiling a list of professionals and maintaining a rotation of when the Borough should request proposals for these positions.
13. PUBLIC COMMENT
Mayor Gormally opened the second public comment portion of the meeting with the consent of the Council.
John Lester – Boulevard
Mr. Lester mentioned that the new Historic Preservation Committee (HPC) Website was phenomenal. He also felt that the public should have been notified that the Solid Waste Committee was debating home side versus curbside pickup. He was concerned about the effect this decision might have on the new Borough Council.
Mayor Gormally reminded Mr. Lester that much information had been disseminated to the public regarding the Solid Waste Committee’s meetings and agenda.
Ray Best – Intervale Road
Mr. Best questioned why the Borough’s Charter was set up to allow for re-election of four (4) seats on the Borough Council every four years. He offered thanks to Councilman Jackson, Councilman Shaw, and Mayor Gormally for their years of service.
With no one else wishing to be heard, Mayor Gormally closed the public comment portion of the meeting.
14. ADJOURNMENT at 10:04 p.m.
Motion made by Councilman Shaw, second by Deputy Mayor Happer, to adjourn the meeting at 10:04 p.m., with all members in favor signifying by “Aye”.
*Consent agenda
Attest: November 26, 2012
________________________________ _______________________________
Michele Reilly, RMC, Deputy Clerk Charles X. Gormally, Mayor