BOROUGH OF MOUNTAIN LAKES
BOROUGH HALL, 400 BOULEVARD, MOUNTAIN LAKES
973-334-3131
FEBRUARY11, 2013
7:30 p.m. EXECUTIVE SESSION
8:00 p.m. PUBLIC SESSION
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 8, 2013 and posted in the municipal building.
Mayor Happer called the meeting to order at 7:30 pm.
2. ROLL CALL ATTENDANCE
Ms. Reilly called the roll. All Council members were present except for Councilwoman Bravo, who arrived at 7:38 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, Acting Chief Financial Officer D. Timothy Roberts and Detective Shawn Bennett, representing the Police Department.
3. FLAG SALUTE
4. EXECUTIVE SESSION
RESOLUTION R49-13
Matters Relating to the Employment Relationship
-Personnel: Borough Clerk
Matters Relating to Litigation, Negotiations, and the Attorney-Client Privilege
-General Status of Tax Appeals
-Possible Litigation/Negotiation Relating to Development Plan of Adjacent Municipality
Amended to Include:
Matters Relating to the Purchase, Lease or Acquisition of Real Property or the Investment of Public Funds
-Acquisition of Property, King of Kings
Motion made by Deputy Mayor McWilliams, second by Councilman Holmberg, to enter into Executive Session with all members in favor signifying by “Aye”.
Motion made by Deputy Mayor 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”.
5. COMMUNITY ANNOUNCEMENTS
There were no community announcements.
6. PUBLIC COMMENT
Mayor Happer opened the public comment portion of the meeting with the consent of the Council. Mayor Happer 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 discussed his prior convictions and appeals to Superior Court, which resulted in the convictions being overturned. He requested confirmation that a Borough Ordinance prohibiting the parking of unregistered vehicles on private property had been repealed per the Superior Court judge’s decision.
BOROUGH OF MOUNTAIN LAKES
FEBURARY 11, 2013
PAGE TWO
Jayne Wolkenstein – Melrose Road
Ms. Wolkenstein spoke in her capacity as President of the League of Women Voters in Mountain Lakes and read a prepared statement. The League requested that the Council contact the Parsippany Planning Board and Township governing body and suggest that any zone changes include maintaining the 200 foot buffer and maintaining the Parsippany well-head protection Ordinance.
With no one else wishing to be heard, Mayor Happer closed the public comment portion of the meeting.
7. DISCUSSION ITEMS:
2013 Budget Discussion – Current Fund, Water & Sewer Fund
Mr. Tovo said he was pleased to report that the Borough’s Annual Financial Statement (AFS) had been completed and would now be filed with the State.
Mr. Tovo led the Current Fund budget discussion by highlighting certain line items in the proposed budget which had significant increases or decreases. Additional funding was budgeted for: legal services, due to the increase in tax appeals; LOSAP (Length of Service Awards Program) contributions, due to the increased number of qualifying fire department volunteers; unemployment insurance, due to previous under-budgeting and constant crossing guard claims; seed money necessary for the implementation of a CERT team (Civilian Emergency Response Team); lakes management, in order to resume the proposed schedule of hydro raking; computer and software due to technology needs; engineering, due to the spillway repair project at the Wildwood dam; and snow removal. Additional funding was also included for bond principle and interest, due to the Council’s decision to return to the policy of paying down ten percent (10%) of outstanding bond anticipation notes at the beginning of the year.
Decreases include: a fifteen percent (15%) reduction in the solid waste contract; a reduction in the amount budgeted for vehicle repairs and maintenance since the Borough now has a mechanic working in the DPW; a reduction in expenses for New Jersey Natural Gas due to the Borough’s participation in a co-op.
Mr. Tovo said he expects a minimal tax increase in 2013. Councilman Bradlee requested a view of the budget with a flat bottom line. Mayor Happer cautioned that a zero percent tax increase may not be fiscally responsible. He reminded the Council that there are past examples where too much was cut from certain line items in the budget and although money was saved in the short-term, long term difficulties ensued. Acting Chief Financial Officer (CFO) Tim Roberts stated that some budget increases are contractual obligations and therefore the Borough must budget an increase for those particular line items.
Councilman Holmberg asked Mr. Tovo to confirm that the Recreation budget included true costs and not costs offset by revenues. Councilman Lester asked for a list of the technology and programs used by the Borough, along with the cost.
Regarding the Sewer Fund budget, Mr. Tovo reported the potential for a substantial increase in the cost of the Parsippany contract, although Parsippany still has not provided a contract amount. Mr. Tovo expects the new costs shortly and will report them to the Borough Council.
Mr. Roberts said that the AFS would be reviewed with the Finance Advisory Committee tomorrow evening. He told the Council that the Borough’s surplus is approximately $900,000, which is slightly lower than the historical amount and ideal amount of $1,200,000 or $1,300,000. The lower surplus is due to the large number of tax appeals, a $220,000 FEMA deficit, and an increase in the amount of delinquent taxes.
8. ORDINANCES: None
BOROUGH OF MOUNTAIN LAKES
FEBURARY 11, 2013
PAGE THREE
9. *RESOLUTIONS:
R48-13 Resolution Authorizing An Interlocal Health Services Agreement- Borough of Mountain Lakes and the Township of Montville and the Board of Health of the Township of Montville (tabled from 1.28.13)
R50-13 Resolution Authorizing the Redemption of Tax Title Lien 2009-02 – Block 68, Lot 23, 40 Melrose Road
R51-13 Resolution Authorizing the Redemption of Tax Title Lien 2011-05 – Block 55, Lot 29.01, 140 Laurel Hill Road
R52-13 Resolution Authorizing the Payment of Bills
Mayor Happer pointed out the additional information provided by the Finance Department regarding the bills list, including tracking by line item. He asked if Council members had found such information to be beneficial. It was determined that this information was better suited to the quarterly financial reports and was not necessary at each meeting.
10. *MINUTES:
January 28, 2013 (Regular)
January 28, 2013 (Executive)
11. *DEPARTMENT REPORTS:
Construction Official January 2013
Department of Public Works January 2013
Fire Department January 2013
Health Officer January 2013
Police Department January 2013
Recreation Department January 2013 (slated for 2.28.13 agenda)
12. *COMMITTEE AND COMMISSION APPOINTMENTS (see attached list)
Consent Agenda
|
Council Member |
By: |
2nd: |
Yes |
No |
Abstain |
Absent |
|
Borin |
|
|
X |
|
|
|
|
Bradlee |
|
|
X |
|
|
|
|
Bravo |
|
|
X |
|
|
|
|
Holmberg |
X |
|
X |
|
|
|
|
Lester |
|
X |
X |
|
|
|
|
McWilliams |
|
|
X |
|
|
|
|
Happer |
|
|
X |
|
|
|
13. ATTORNEY’S REPORT:
Mr. Murphy had nothing to report in addition to what had been previously discussed. Councilman Holmberg asked Mr. Murphy to look into Mr. Kanter’s issue regarding the Borough Ordinance.
14. MANAGER’S REPORT:
Mr. Tovo reported that the Department of Transportation (DOT) had relaxed its deadlines regarding the replacement of retro-reflective street signs. The change in policy allows the Borough to replace signs as needed.
Mr. Tovo said the Borough is still working with FEMA and contractors to complete Hurricane Sandy cleanup. The cleanup process is a three step process: first, the cleanup of all debris within the Borough rights of way; second, the removal of larger debris; third, the removal of debris from lakes and waterways. In addition, the Borough is still working with FEMA regarding the cleanup of the canal.
The 2012 dam inspections have been completed and the Borough is in compliance with Department of Environmental Protection (DEP) regulations. Mr. Tovo said the Sunset Lake dam will need repair based on the results of the inspection. Mayor Happer asked about grant money, and Mr. Tovo said none is available; however, there are low interest loans that the Borough might take advantage of.
BOROUGH OF MOUNTAIN LAKES
FEBRUARY 11, 2013
PAGE FOUR
Mr. Tovo directed the Council to the updated Borough flowchart, which had last been updated 12 (twelve) years ago. Mr. Tovo said he would continue working on the flowchart and it will eventually include the names of the Borough personnel currently filling the positions, as well as their salaries.
Councilman Lester asked if Mr. Tovo would put together a flowchart in reference to PubWorks, to show projected dates for the eventual target goal of allowing residents to log Department of Public Works issues on-line. Councilman Lester also asked Mr. Tovo to provide a final analysis of the funds raised by the Centennial Committee so the Council could decide whether or not any excess funds might be donated to the Historic Preservation Committee (HPC).
15. COUNCIL REPORTS:
Fire Department – Councilman Bradlee said the Fire Department is discussing swapping out Rescue 1 with a double cab pickup truck. He mentioned that the Department is having trouble finding volunteers and any efforts to drive traffic to the Borough website would be helpful and appreciated. He said the Fire Department is holding an ice rescue drill on Sunday.
Councilman Lester reported that he had sent out an email and hoped to have the first meeting of a Communications Advisory group next week. He anticipated 10-12 group members consisting of representatives from the Borough administration, Police Department, Department of Public Works, residents, and Committee/Commission members from the Recreation and Environmental Commissions and Web and Historic Preservation Committees. One item he expected to discuss was Service Level Agreements (SLA’s).
Recreation Commission– Councilman Holmberg pointed out that new members were appointed at tonight’s meeting. The Commission meets tomorrow night.
Finance Advisory Committee – Councilman Holmberg mentioned that a new member had been appointed to the Committee during tonight’s meeting.
Personnel Sub-Committee – Councilman Holmberg said the Sub-Committee will be meeting a few times a month and working on updating the personnel policy handbook.
Environmental Commission – Councilman Borin reported the Environmental Commission is presenting a memo to the Parsippany Planning Board outlining its issues and concerns about the proposed Ordinance change. The Commission is still working on a draft well-head protection Ordinance. Also, the Commission is sponsoring Green Reels this Wednesday night at 6:30 pm. The film will focus on green building.
Zoning Board of Adjustment – Councilman Borin said the Board is in need of two (2) members. In addition, the Chair, Chris Richter, raised the issue of combining the Zoning and Planning Boards. Mr. Murphy said many municipalities are combining boards and creating a Land Use Board. Councilman Holmberg said a combined board would free up volunteers and save on attorney and secretarial/administration fees. Councilwoman Bravo said she would bring up the issue for discussion at the next Planning Board meeting and the combination of the boards may be a future Council discussion item.
Lakes Management Advisory Committee – Deputy Mayor McWilliams mentioned that the Committee needs another member. In addition, they have expressed concerns about beavers at Birchwood Lake.
Solid Waste Committee – Deputy Mayor McWilliams stated the Committee’s focus is the green garbage bags. They plan to introduce a different size kitchen bag and are researching the sale of garbage bags via vending machines.
Mayor Happer told the Council the date for a special meeting, to include Council members and Committee and Commission representatives, will be March 2nd from 9 am – 11 am at the Borough Hall. The meeting will be held in order to provide an orientation for new members and to discuss the goals, objectives, and activities of each of the Committees and Commissions.
16. PUBLIC COMMENT:
Mayor Happer opened the second public comment portion of the meeting with the consent of the Council. Mayor Happer 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 Councilman Holmberg for requesting follow-up from the Borough Attorney regarding the Ordinance issue. He stated that he was impressed with the preparation evidenced by the newer Council members. He also expressed his concern over the services provided to the Borough by the Borough Attorney and Borough Engineer.
BOROUGH OF MOUNTAIN LAKES
FEBRUARY 11, 2013
PAGE FIVE
Joan Best – Intervale Road
Mrs. Best reminded the Borough Council that the Shade Tree Commission does a great job with preparing a pruning and removal list for the Borough rights of way, but that the Council needs a policy for the Borough woodlands. She felt that having a certified tree expert available would be beneficial for the Borough. In addition, she felt that the Borough should not be relying on volunteers to advise personal property owners regarding the condition of trees on their properties.
With no one else wishing to be heard, Mayor Happer closed the second public comment portion of the meeting.
17. EXECUTIVE SESSION
RESOLUTION R49-13
Matters Relating to the Employment Relationship
-Personnel: Borough Clerk
Matters Relating to Litigation, Negotiations, and the Attorney-Client Privilege
-General Status of Tax Appeals
-Possible Litigation/Negotiation Relating to Development Plan of Adjacent Municipality
Amended to Include:
Matters Relating to the Purchase, Lease or Acquisition of Real Property or the Investment of Public Funds
-Acquisition of Property, King of Kings
Motion made by Councilman Holmberg, second by Deputy Mayor McWilliams, to re-enter into Executive Session with all members in favor signifying by “Aye”.
Motion made by Deputy Mayor 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”.
18. ADJOURNMENT at 10:42 p.m.
Motion made by Deputy Mayor McWilliams, second by Mayor Happer, to adjourn the meeting at 10:42 p.m., with all members in favor signifying by “Aye”.
*Consent Agenda (Matters listed are considered routine and will be enacted by one motion of the Council and one roll call vote. There will be no separate discussion of these items unless a Council member requests an item be removed for consideration.)
Attest: February 11, 2013
____________________________________ _______________________________
Michele Reilly, RMC, Deputy Borough Clerk Daniel J. Happer, Mayor