BOROUGH OF MOUNTAIN LAKES

BOROUGH HALL, 400 BOULEVARD, MOUNTAIN LAKES

973-334-3131

www.mtnlakes.org

 

APRIL 22, 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 8:00 pm.

2.             ROLL CALL ATTENDANCE

 

Ms. Reilly called the roll. All Council members were present except for Councilman Holmberg and Councilman Bradlee, who were absent. 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.

After the roll call, Mr. Murphy mentioned that the Council had the option to excuse absences. The Council decided that this was a discussion to have at a later date. Motion made by Councilman Borin, second by Councilman Lester, to excuse both Councilman Holmberg and Councilman Bradlee’s absences with all members in favor signifying by “Aye”.

3.             FLAG SALUTE

 

 

4.             EXECUTIVE SESSION:                                     None

                 

 

5.             COMMUNITY ANNOUNCEMENTS

 

Deputy Mayor McWilliams said that the eighth (8th) semi-annual shredding day would be held this Saturday from 8:00 am – 11:00 am, with proceeds benefitting the Boonton Kiwanis Ambulance Squad and the Mountain Lakes Volunteer Fire Department. In addition, the Ambulance Squad was hosting a blood drive from 8:00 am – 1:00 pm.

 

Mayor Happer commented that the High School’s Empty Bowls Event, held on April 16th, was very successful. Councilwoman Bravo agreed that this was a nice event for the community and applauded the two ladies who coordinate the program.

 

 

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.

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

 

7.             SPECIAL PRESENTATION – GREEN TEAM SUSTAINABLE JERSEY RECERTIFICATION

 

Green Team members Marnie Vyff, Frank Sanchez, Jackie Bay, and Mimi Kaplan were in attendance. Marnie Vyff made the presentation to the Council. She explained that the Green Team, based in the Borough’s Environmental Commission, consisted of four (4) core members, as well as twelve (12) regular members. Ms. Vyff said that the team needed to obtain bronze level recertification, which required them to obtain a total of 150 points through the Sustainable Jersey program. The team has already accumulated forty (40) points. She discussed projects the team was working on, including repeated actions already occurring in the Borough as well as anticipated actions, some of which will require assistance from the Borough Manager and staff. One action currently taking place is Green Reels, a monthly movie presentation funded by a $2,000 outreach grant received by the team. Ms. Vyff requested the Council pass a Resolution in support of the Green Team. She has presented information to Mr. Tovo regarding the contents of the Resolution.

 

Mayor Happer thanked Ms. Vyff for her presentation and said the Council was supportive of the Green Team’s efforts. He asked Mr. Tovo to review the information presented by Ms. Vyff and said he anticipated including the Resolution on a future agenda.

 

 

8.             DISCUSSION ITEMS:                                        
               
Creation of a Communications Committee

 

Councilman Lester outlined his discussion item for the Council. He and the Communications Advisory Group had met several times since the beginning of the year. The group had produced a framework with four (4) goals towards improving Borough communications. The recommendation of the group was that the Council authorizes the formation of a Communications Committee. This Committee would encompass the current Web Committee and any include any of its volunteer members who wished to continue to serve.

 

The Council discussed Councilman Lester’s presentation. Councilwoman Bravo asked how Councilman Lester would populate the group, and spoke of the need for a dynamic chair. Mayor Happer said he felt the Committee should be advising the Council and Manager; however, Councilman Lester felt the Committee should have more than just an advisory capability. The consensus of the Council was that a Communications Committee would be a good idea. Councilman Lester will revise his discussion item to include a charter, structure of the Committee, and number of members and term lengths, and will present this information at a future Council meeting. Councilman Lester told the Council he felt that it would take three (3) years for the Committee to accomplish its goals.

 

 

9.             ORDINANCE 02-13

       

        ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK FOR         CALENDAR YEAR 2013 PURSUANT TO N.J.S.A. 40A:4-45.

 

WHEREAS, the Local Government Cap Law, N.J.S. 40A: 4-45.1 et seq., provides that in the preparation of its annual budget, a municipality shall limit any increase in said budget to 2.0% unless authorized by ordinance to increase it to 3.5% over the previous year’s final appropriations, subject to certain exceptions; and,

WHEREAS, N.J.S.A. 40A: 4-45.15a provides that a municipality may, when authorized by ordinance, appropriate the difference between the amount of its actual final appropriation and the 3.5% percentage rate as an exception to its final appropriations in either of the next two succeeding years; and,

WHEREAS, the Borough Council of the Borough of Mountain Lakes in the County of Morris, State of New Jersey finds it advisable and necessary to increase its Calendar Year 2013 budget by up to 3.5% over the previous year’s final appropriations, in the interest of promoting the health, safety and welfare of the citizens; and,

WHEREAS, the Borough Council hereby determines that a 1.5% increase in the budget for said year, amounting to $78,257.03 in excess of the increase in final appropriations otherwise permitted by the Local Government Cap Law, is advisable and necessary; and

WHEREAS, the Borough Council hereby determines that any amount authorized hereinabove that is not appropriated as part of the final budget shall be retained as an exception to final appropriation in either of the next succeeding years.

NOW THEREFORE BE IT ORDAINED, by the Borough Council of the Borough of Mountain Lakes, in the County of Morris, State of New Jersey, that a majority of the full authorized membership of this governing body affirmatively concurring, that, in the Calendar Year 2013 budget year, the final appropriations of the Borough of Mountain Lakes shall, in accordance with this ordinance and N.J.S.A. 40A: 4-45.14, be increased by 3.5 %, and that the Calendar Year 2013 municipal budget for the Borough of Mountain Lakes be approved and adopted in accordance with this ordinance; and,

BE IT FURTHER ORDAINED, that any amount authorized hereinabove that is not appropriated as part of the final budget shall be retained as an exception to final appropriation in either of the next two succeeding years; and,

BE IT FURTHER ORDAINED, that a certified copy of this ordinance as introduced be filed with the Director of the Division of Local Government Services within 5 days of introduction; and

BE IT FURTHER ORDAINED, that a certified copy of this ordinance upon adoption, with the recorded vote included thereon, be filed with said Director within 5 days after such adoption.

 

 

 

 

 

 

 

 

 

If adopted this Ordinance shall take effect after publication and passage as provided by law.

PUBLIC HEARING

 

Mayor Happer opened the public hearing on the Ordinance 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 public hearing on the Ordinance.

Council Member

By:

2nd:

Yes

No

Abstain

Absent

By:

2nd:

Yes

No

Abstain

Absent

Borin

 

 

X

 

 

 

 

 

X

 

 

 

Bradlee

 

 

 

X

 

 

 

 

 

 

 

X

Bravo

X

 

X

 

 

 

 

X

X

 

 

 

Holmberg

 

X

X

 

 

 

 

 

 

 

 

X

Lester

 

 

   X

 

 

 

 

 

X

 

 

 

McWilliams

 

 

X

 

 

 

X

 

X

 

 

 

Happer

 

 

X

 

 

 

 

 

X

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

10.          *RESOLUTIONS:

R82-13                   Resolution Authorizing the Execution of a Modification of Easement Agreement-

                                Block 101 Lot 105, 26 Lake Drive

R83-13                   Resolution Authorizing the Redemption of Tax Title Lien – Block 38.02, Lot 49, 9 Van Duyne Road

R84-13                   Resolution Authorizing the Refund of Overpayment of Taxes – Block 38.02, Lot 49, 9 Van Duyne Road

R85-13                   Resolution Authorizing the Refund of Overpayment of Taxes – Block 95, Lot 45, 21 Hillcrest Road

R86-13                   Resolution Authorizing the Refund of Overpayment of Taxes – Block 83, Lot 1, 72 Briarcliff Road

R87-13                   Resolution Authorizing the Refund of Overpayment of Taxes – Block 78, Lot 7, 1 Briarcliff Road

R88-13                   Resolution Authorizing the Refund of Overpayment of Taxes – Block 78, Lot 30, 49 Briarcliff Road

R89-13                   Resolution Authorizing the Refund of Overpayment of Taxes – Block 78, Lot 44, 48 Glen Road

R90-13                   Resolution Authorizing the Refund of Overpayment of Taxes – Block 100, Lot 37, 290 Boulevard

R91-13                   Resolution Authorizing the Refund of Overpayment of Taxes – Block 100, Lot 77, 23 Crane Road

R92-13                   Resolution Authorizing the Refund of Overpayment of Taxes – Block 95, Lot 12, 50 Lake Drive     

R93-13                   Resolution Appointing QPA - Roberts

R94-13                   Resolution Appointing Borough Clerk - Reilly

R95-13                   Resolution Authorizing the Payment of Bills

PR02-13                                Special Proclamation – Robert Tovo, Retirement

 

Prior to the Consent Agenda vote Mayor Happer asked that Resolution 94-13, Resolution Appointing Borough Clerk-Reilly, be pulled from the Consent Agenda for separate consideration and vote. Councilman Lester presented a minor change to the April 8, 2013 Regular Minutes.

 

11.          *MINUTES:                          

                April 8, 2013 (Regular)

                April 8, 2013 (Executive)

 

12.          *DEPARTMENT REPORTS:

                Fire Department                  March 2013

                Recreation Department      March 2013

 

13.          *COMMITTEE AND COMMISSION APPOINTMENTS:                                None

 

 

Council Member

By:

2nd:

Yes

No

Abstain

Absent

Borin

 

 

X

 

 

 

Bradlee

 

 

 

 

 

X

Bravo

 

 

X

 

 

 

Holmberg

 

 

 

 

 

X

Lester

 

X

X

 

 

 

McWilliams

X

 

X

 

 

 

Happer

 

 

X

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Resolution 94-13

Resolution Appointing Borough Clerk - Reilly

 

 

Council Member

By:

2nd:

Yes

No

Abstain

Absent

Borin

 

 

X

 

 

 

Bradlee

 

 

 

 

 

X

Bravo

 

X

X

 

 

 

Holmberg

 

 

 

 

 

X

Lester

 

 

X

 

 

 

McWilliams

 

 

X

 

 

 

Happer

X

 

X

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

14.          ATTORNEY’S REPORT:

 

Mr. Murphy had nothing to report.

 

15.          MANAGER’S REPORT:

 

Mr. Tovo reported that the Recreation Director position had been posted on the Borough website as of Friday afternoon. The Recreation Commission had outlined a thorough job description which he had reviewed before posting the job. The deadline for applicants is May 3rd.

 

Mr. Tovo also reported he is working on the framework for the first and second chapter of the personnel policy and procedure manual with Blue Shield Consulting.

 

Mr. Tovo said he was happy to inform the Council that the Borough’s project to clean the canal had been approved by FEMA. Mr. Tovo commended Mr. Prusina, Ms. Best, and the entire Borough staff for their help. Mayor Happer offered thanks on behalf of the Council. Mr. Prusina said he the project was expected to take about three weeks. He felt he would have a better idea of the timeline by the end of the week. He has already been in touch with the FEMA approved vendor regarding the project.

 

16.          COUNCIL REPORTS:

 

Councilman Borin thanked Mr. Tovo and Mr. Prusina for the tour of Borough facilities. Deputy Mayor McWilliams and Councilman Lester echoed the thanks.

 

Woodlands Committee – Councilman Lester said the Committee planted 150 trees over the weekend. They hope to get more assistance from a Cub Scout Troop. Mr. David Shertzer will coordinate.

 

Website Committee – Councilman Lester said the Committee had received all financial information requested in order to update the website from Mr. Roberts, Acting CFO.

 

Health Commission – Councilman Lester said the Commission had discussed the leash law and would be presenting a discussion item to the Borough Council.

 

Deputy Mayor McWilliams mentioned that the Arbor Day Celebration would take place this Friday at 1:45 pm at Wildwood School.

Planning Board – Councilwoman Bravo said the Board will be meeting Thursday. They are currently reviewing parts of the Master Plan.

 

Public Safety Sub Committee – Councilwoman Bravo said the Sub Committee discussed police staffing levels.

 

Shared Services Sub Committee – Councilwoman Bravo said the Sub Committee was reviewing the 1996 Board of Education and Borough shared services agreement. They are also discussing potential opportunities for sharing services regarding the Recreation Director position. Finally, they are reviewing the list of currently shared services.

 

Memorial Day Committee – Mayor Happer mentioned that the Committee was still looking for volunteers.

 

Personnel Sub Committee – Mayor Happer said the Sub Committee had discussed the parameters for the Recreation Director position. In addition, Mayor Happer said the Sub Committee had reviewed the submissions for the Citizen of the Year Award and the Janice Hunts Lifetime Achievement Award. The Sub Committee was recommending Applicant A be selected as Citizen of the Year and Applicant F be selected for the Janice Hunts Lifetime Achievement Award. The remainder of the Council concurred. Mayor Happer will contact the winners.

 

17.          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.

Mark Prusina – Bernardsville

Mr. Prusina announced that Tyler Prusina had hit a two run double to win his baseball game. The Council congratulated Tyler.

 

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

18.          ADJOURNMENT at 9:42 p.m.

 

Motion made by Deputy Mayor McWilliams, second by Councilwoman Bravo, to adjourn the meeting at 9:42 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: April 22, 2013

 

 

____________________________________                                            _______________________________ 

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