BOROUGH OF MOUNTAIN LAKES

BOROUGH HALL, 400 BOULEVARD, MOUNTAIN LAKES

973-334-3131

www.mtnlakes.org

 

MARCH 11, 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. 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 Recreation Director Celia Flynn.

3.             FLAG SALUTE

 

4.             EXECUTIVE SESSION

                RESOLUTION R66-13

 

                Matters Relating to Litigation, Negotiations, and the Attorney-Client Privilege

                -Possible Litigation/Negotiation Relating to Development Plan of Adjacent Municipality

 

Motion made by Councilman Bravo, second by Councilman Holmberg, to enter into Executive Session with all members in favor signifying by “Aye”.

 

Motion made by Councilman Holmberg, second by Deputy Mayor McWilliams, 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

 

Councilman Holmberg said the Easter Egg Hunt would be held on March 24 at Midvale Field.

 

Mayor Happer offered congratulations to the girls High School ski team on their recent state championship win.

 

6.             OATH OF OFFICE - POLICE CHIEF

                Shawn M. Bennett

 

The Oath of Office was administered to Shawn Bennett by Mayor Happer, with his father Ronald holding the Bible. Retired Chief and Borough Manager Robert Tovo pinned on Chief Bennett’s badge.

 

7.             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.

George Jackson – Laurel Hill Road

Mr. Jackson read an excerpt from the Parsippany Planning Board’s letter to its governing body. He urged the Council to attend the Township meetings and/or write a letter to the Township asking that they maintain the current buffer parameters. Additionally, he mentioned that the work being done by New Jersey Natural Gas on the gas lines presented paving issues.

 

Jackie Bay – Morris Avenue

Ms. Bay spoke on behalf of the Environmental Commission and asked the Council to fight for the buffer and also to express concern for the aquifer.

 

 

 

 

BOROUGH OF MOUNTAIN LAKES

MARCH 11, 2013

PAGE TWO

 

Margaret Gossett – Glen Road

Ms. Gossett spoke on behalf of the League of Women Voters and asked the Council to help protect residents from the negative impacts of traffic, noise, light, and water pollution.

 

Ron Owens – Intervale Road

Mr. Owens spoke as a Trustee of the newly formed Citizens for Health, Safety and Welfare group. He said the group was trying to encourage responsible development of the Waterview tract and to encourage Parsippany to be good stewards of the land.

 

Chris Sullivan – Sherwood Drive

Mr. Sullivan urged the Council to voice their opinion even if there was no legal basis for doing so.

 

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

Mayor Happer asked Mr. Tovo to address the concerns about New Jersey Natural Gas. Mr. Tovo said the company is planning to replace ten (10) miles of gas line in the Borough over the next four (4) years and is working with the Borough administration in order to ensure that no recently paved roads are damaged.

Mayor Happer indicated that the Council has been following the schedule and timeline regarding the proposed zone change in Parsippany, as well as having conversations with Borough professionals about potential impact to the municipality. Deputy Mayor McWilliams asked those present to be aware that the Council did communicate to Parsippany’s governing body a few weeks ago and they are aware that the Borough has concerns.

8.             SPECIAL PRESENTATION – BOARD OF EDUCATION BUDGET PRESENTATION

 

David Gniewek, Chair of the Board’s Finance Committee, gave a brief overview of the goals and recent accomplishments of the Board and School District. Business Administrator Dan Borgo spoke about the Board’s 2013 budget and issues faced due to rising salary, wage, and health benefits costs as well as the two percent (2%) cap. The school budget general fund will increase by 1.67% while a reduction in debt service results in a net increase to taxpayers of 1.18%. Mr. Borgo also talked about the Lake Drive School and its impact on the budget. Although the cost of a Lake Drive student’s education inflates the per pupil cost reported for the district, the school also absorbs some of the overhead and does not cost the Mountain Lakes taxpayers any money. Mr. Gniewek reminded the Council that the hearing on the school budget would be held on March 21st at 7:30. Additionally, the school election would be held on Tuesday, April 16th. Mr. Gniewek said the Board was still recommending that school elections remain in April and not be moved to coincide with the general election in November.

 

Mr. Tovo recommended that the Consent Agenda Vote take place before the budget discussion. The Council concurred.

 

9.             ORDINANCES:                                    None

 

10.          *RESOLUTIONS:

 

R60-13   Resolution Authorizing the Filing of an Application for a Modification to Treatment Works Approval With The State of New                 Jersey Department of Environmental Protection (Hornrock Properties LLC, Block 88, Lots 18.01-18.44, Morris Avenue and                 Fanny Road)

R61-13   Resolution Appointing Special Police Officer - Tovo

R62-13   Resolution Authorizing the Refund of Overpayment of Taxes – Cannon, 40 Overlook Road

R63-13   Resolution Authorizing the Refund of Overpayment of Taxes – Lakhiani, 9 Condit Road

R64-13   Resolution Authorizing the Refund of Overpayment of Taxes – Shi, 106 Intervale Road

R65-13   Resolution Authorizing the Payment of Bills

               

11.          *MINUTES:                          

                February 25, 2013 (Regular)

                February 25, 2013 (Executive)

 

12.          *DEPARTMENT REPORTS:

                Construction Official                           February 2013

                Department of Public Works             February 2013

                Fire Department                                  February 2013

                Health Officer                                       February 2013    

                Police Department                              February 2013

 

 

 

 

 

 

 

 

BOROUGH OF MOUNTAIN LAKES

MARCH 11, 2013

PAGE THREE

 

 

 

13.          *COMMITTEE AND COMMISSION APPOINTMENTS:                                See Attached

 

Council Member

By:

2nd:

Yes

No

Abstain

Absent

Borin

 

 

X

 

 

 

Bradlee

 

 

X

 

 

 

Bravo

 

 

X

 

 

 

Holmberg

 

X

X

 

 

 

Lester

 

 

X

 

 

 

McWilliams

X

 

X

 

 

 

Happer

 

 

X

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

14.          DISCUSSION ITEMS:        

                2013 Budget Discussion –

·         Presentation of Adjusted Capital Budget

·         CAP Levy projection

·         Reserve for Uncollected Taxes (RUT)

·         Employee Salary Overview and Breakdown

·         Department Heads

 

Mr. Tovo discussed the Reserve for Uncollected Taxes (RUT) with the Council. He explained that the RUT had been raised last year due to the need to fund over expenditures, and how it was the desire of the Finance Committee and the administration to lower the RUT again, back to recent historical levels. Mr. Tovo pointed out that lowering the RUT increased the Borough’s reserves, which also helped the Borough’s bond rating. The administration’s initial intention was to lower the RUT over two years, half in 2013 and half in 2014, but Mr. Tovo presented several different scenarios for the Council to consider.

 

Mr. Tovo explained that, in addition to lowering the RUT, the Finance Advisory Committee also recommended addressing the $100,000 liability for Hurricane Sandy in the 2013 budget. The Finance Committee felt that if the Borough could absorb the hurricane liability and lower the RUT to 94.96 in 2013, it should do so and that this would be the recommendation of the Committee and the administration.

 

Mr. Tovo said that operating expenses remain flat in 2013, and that most of the budget increases in the scenarios he presented were due to the following: lowering of the RUT, increased debt service costs, and also expenses out of the Borough’s control, such as the hurricane, pensions, and health insurance.

 

The Council debated the different scenarios, how to address the lowering of the RUT, and whether or not to address the hurricane liability in the 2013 budget. Mayor Happer asked for direction for the Manager. Councilman Holmberg and Councilwoman Bravo indicated support for scenario 3, which is the most aggressive in addressing the issues of the RUT, dropping it to the recent historical level in one year.  Deputy Mayor McWilliams indicated support for scenario 2, which addresses lowering the RUT over a two year period. Councilmen Borin, Lester, and Bradlee were in favor of lowering the RUT but asked the Manager to present additional budget cuts. Councilman Lester asked for $100,000 in cuts in order to fund the hurricane liability.

 

Mr. Tovo and Mr. Roberts will present revised budget figures to the Borough Council at the next meeting, and the timeline for the budget introduction will be moved to April 8th. In addition, Mr. Tovo said department heads will be available for questions at the March 25th meeting as the Council agreed to postpone that portion of the budget discussion due to the late hour.

 

15.          ATTORNEY’S REPORT:

 

Mr. Murphy handed his written report regarding the allegations made by Mr. Kanter regarding the Ordinance regulating the parking of unregistered vehicles on private property for Council review.

 

16.          MANAGER’S REPORT:

 

Mr. Tovo mentioned that he had, as requested, provided the Borough Council with a spreadsheet detailing the different technology programs utilized by the Borough, along with associated costs. Mr. Lester asked for Mr. Tovo’s assistance in getting a timeframe for the PubWorks program used by the DPW in order to determine its eventual availability to residents.

 

17.          COUNCIL REPORTS:

 

Due to the lateness of the hour the Council agreed to postpone Council reports until the next Borough Council meeting.

 

 

 

 

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18.          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.

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

19.          ADJOURNMENT at 10:49 p.m.

 

Motion made by Councilman Holmberg, second by Councilman Lester, to adjourn the meeting at 10:54 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: March 11, 2013

 

 

____________________________________                                            _______________________________ 

Michele Reilly, RMC, Deputy Borough Clerk                                                 Daniel J. Happer, Mayor