BOROUGH OF MOUNTAIN LAKES
BOROUGH HALL, 400 BOULEVARD, MOUNTAIN LAKES
973-334-3131
AUGUST 26, 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 7:31 pm.
2. ROLL CALL ATTENDANCE
Ms. Reilly called the roll. All Council members were present except for Councilman Bradlee, who was absent. Also in attendance were Borough Attorney Robert Oostdyk, Borough Manager Robert Tovo, Borough Clerk Michele Reilly, as well as Police Chief Shawn Bennett.
3. FLAG SALUTE
4. EXECUTIVE SESSION
RESOLUTION R136-13
Matters Relating to Litigation, Negotiations, and the Attorney-Client Privilege
-Possible Litigation/Negotiation Relating to Development Plan of Adjacent Municipality
Motion made by Councilwoman 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 Councilwoman Bravo, 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 Lester mentioned the River Jam festival which will be held on September 8th in the neighboring municipality of Boonton.
The Borough of Mountain Lakes was the winner of the Hub Lakes swimming meet, as confirmed by resident Jackie Bay.
Deputy Mayor McWilliams said that the Town of Boonton was also hosting its Fireman’s Fair and Labor Day parade this weekend.
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.
Nancy DuTertre – Lake Drive
Ms. DuTertre requested that the Borough Council make a motion to sign a protest petition to the Township of Parsippany Troy-Hills in reference to their recently introduced proposed zone change Ordinance. She stated if twenty percent (20%) of property owners within two hundred (200) feet of the proposed zone change file petitions a super majority vote would be required in order for their governing body to pass the Ordinance. She said the Borough is eligible to sign the petition as the owner of Intervale Road.
Ron Owens – Intervale Road
Mr. Owens said that the legal counsel hired by his group, Bob Simon of Harold Law, has stated his opinion that the Borough is eligible to sign a protest petition. Mr. Owens also requested a motion be made by the Council. He told the Council he appreciated their attendance at the Parsippany Council and Planning Board meetings.
Gretchen Fry – Ball Road
Ms. Fry read a letter on behalf of the Pine Edge Condominium Association Board, which represents forty-seven (47) home owners. She spoke about the Borough owning Intervale Road and therefore qualifying as a two hundred (200) foot property owner and eligible to sign a protest petition. She encouraged the Borough Council members to take the time to do research regarding the Waterview issue.
Jackie Bay – Morris Avenue
Ms. Bay thanked the Council for the two letters they had previously sent to the Township of Parsippany, and said she felt these letters helped impact the decision to not permit the development access to Intervale Road. She requested that the Council sign the protest petition and said she felt that the development would mean the loss of a beautiful entrance to town, an increase in crime and traffic accidents, and a decline in property values and the quality of life in Mountain Lakes. She said the petition is needed by September 17th.
Fred Kanter – Hanover Road
Mr. Kanter said he felt that if the developer was promising to create three hundred (300) jobs at the store in the new development, the same number of jobs would be disappearing from other stores in the surrounding area. Mr. Kanter stated that Judge Bonzanelis had ruled that minutes must be available to the public forty-eight (48) hours prior to the next regularly scheduled meeting. He said he feels that the Borough Council has taken eight years to respond to his request for retro-reflective street signs and he felt that his request should be honored before the request of another group.
Cameron Greer – Midvale Road
Mr. Greer identified himself as a senior member of the Fire Department and said that volunteering has given him the chance to help other people and he feels it has given him the chance to improve his character. He thanked the Council for supporting the Fire Department.
Dave Shertzer – Lookout Road
Mr. Shertzer expressed concerns about the proposed parking Ordinance changes. He asked how much money the Borough has paid out in claims for accidents which have occurred during a snow or ice event and if there was a money issue. He also wanted to know if the Borough already had adequate enforcement during snow or ice events as he believed he read in the residents guide. He said he thought the proposed Ordinance was too vague and that it gave broad powers to the Police Department.
With no one else wishing to be heard, Mayor Happer closed the public comment portion of the meeting.
Mayor Happer thanked Mr. Greer for his service to the community. He told Mr. Kanter he would check on the availability of the minutes. Mr. Oostdyk stated that the Clerk is aware of the Judge’s ruling and that minutes are available in draft form to the public, if requested, on the Friday prior to Monday’s meeting. Once approved by the Council, the minutes are posted on the website.
Mayor Happer spoke about the Waterview issue, and assured those in attendance that the Council is aware of the September 17th deadline and that the Borough professionals are evaluating the Ordinance and the ownership of the road. Mr. Oostdyk asked Ms. DuTertre to have the attorney, Bob Simon, contact him. Mayor Happer stated that the Borough Manager, Mr. Tovo, would be preparing a letter to the Parsippany Planning Board reiterating concerns about the buffer and the preservation of the berm.
7. ORDINANCE 03-13
ORDINANCE AMENDING CHAPTER 229 OF THE REVISED GENERAL ORDINANCES AND PROHIBITING PARKING WHEN STREETS ARE SNOW OR ICE COVERED
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 229, Section 229-3, “Parking,” shall be amended by the inclusion of the following additional subsections:
J. Parking prohibited when streets are snow or ice covered.
(1) Whenever snow or ice has fallen and the accumulation is such that it covers the streets and highways, an emergency shall exist and no vehicle, nor any portion of the vehicle, shall be parked on any street or highway or portions thereof.
(2) The above parking prohibitions shall remain in effect until after the snow or ice has ceased and the streets have been plowed sufficiently and to the extent that parking will not interfere with the normal flow of traffic.
K. Towing of vehicles.
(1) Any police officer may move or cause to be moved any motor vehicle parked in contravention to the terms of this section to a place designated by the Chief of Police for the impounding of such vehicles.
(2) Within 24 hours of such impoundment, the Chief of Police shall notify, personally or by mail, the registered owner of the location of the impounded vehicle.
(3) Such vehicle shall not be released until the owner shall have paid all reasonable towage, storage and other incidental charges connected therewith which charges shall be set forth on a fee schedule on file in the office of the Chief of Police. In the event of a dispute over charges, the owner of the vehicle shall have the right to appeal the validity of the charges to the Chief of Police who shall conduct a hearing as soon as is practicable. If, after the hearing, the Chief of Police determines that there is a legitimate basis to dispute the billing, he shall order the vehicle released upon payment of the undisputed amount and the parties may address the balance due in such legal proceedings as they deem appropriate.
(4) In addition to any reasonable charges of fees herein provided for, any person convicted of violating the provisions of this subsection shall be subject to fines as provided by law.
Section 2. Chapter 229, Section 229-3 entitled “Parking,” shall be amended by the deletions of subparagraphs 3, 4, 5, and 6 in subsection F.
Section 3. 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 4. All Ordinances or parts of Ordinances, which are inconsistent herewith are hereby repealed to the extent of such inconsistency.
Section 5. This Ordinance shall take effect immediately after final passage and publication in the manner provided by law.
Following introduction, the above Ordinance will be published in accordance with the law and a public hearing will be held on September 9, 2013.
Prior to the introduction of the Ordinance, the Council decided to include “and regulating towing” as part of the Ordinance title and to change Section 1, K (2) to read “the Chief of Police or his designee”. Mr. Oostdyk clarified that the towing provision would apply to any parking situation and not simply those occurring during ice or snow events. He also stated that fees would be on file and available in the Police Department but did not need to be stated in the fee Ordinance. Chief Bennett reiterated that the Police Department would still follow the current procedure of attempting to contact the resident and/or owner of the vehicle before a summons was issued or a vehicle was towed and that an Ordinance change would allow for enforcement when and if necessary.
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Council Member |
By: |
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Abstain |
Absent |
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2nd |
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No |
Abstain |
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Borin |
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Bradlee |
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X |
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Bravo |
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X |
X |
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Holmberg |
X |
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X |
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Lester |
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X |
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McWilliams |
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X |
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Happer |
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8. *RESOLUTIONS:
R137-13 Resolution Authorizing the Redemption of Tax Title Lien 2011-08 - Cieri
R138-13 Resolution Authorizing the Refund of Overpayment of Taxes – Block 83, Lot 8
R139-13 Resolution Authorizing the Payment of Bills
9. *MINUTES:
July 22, 2013 (Regular)
10. *DEPARTMENT REPORTS:
Construction Department July 2013
Department of Public Works July 2013
Fire Department July 2013
Health Department July 2013
Police Department July 2013
Tax Department July 2013
11. *COMMITTEE AND COMMISSION APPOINTMENTS: None
Prior to the Consent Agenda vote Chief Bennett was asked to explain the rise in department overtime. Chief Bennett reported that overtime typically rises during the summer vacation months. Additionally, the department has only ten (10) officers available for patrol, as the two (2) new officers are still at the Academy. The bulk of the overtime hours are occurring during the night shift, since there are only two (2) officers assigned at that time. During the day the support services, including the Detective and the Chief, are being utilized in patrol in order to cut down on overtime costs. Mr. Tovo said he, Chief Bennett, and Mr. Roberts, the Acting Chief Financial Officer (CFO) have been discussing the issue and expect to see a drop in overtime hours after the summer months, typically June, July, and August. Mr. Tovo said he and Mr. Roberts have been identifying available funds in order to cover any necessary transfers. Mayor Happer asked Chief Bennett to amend his report to include comparative information.
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Council Member |
By: |
2nd: |
Yes |
No |
Abstain |
Absent |
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Borin |
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Bradlee |
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Bravo |
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Holmberg |
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X |
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Lester |
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X |
X |
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McWilliams |
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Happer |
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12. ATTORNEY’S REPORT:
Mr. Oostdyk had nothing additional to report.
13. MANAGER’S REPORT:
Mr. Tovo reported that he, Borough Engineer Bill Ryden, and Department of Public Works Director Mark Prusina had met with representatives from New Jersey Natural Gas (NJNG) to address areas of concern regarding restoration. The following items were discussed: first, at a minimum restoring a width of nine (9) feet of each roadway opened, or more if necessary. The second, resurfacing the entire northbound lane of the Boulevard from Crane Road to Fanny Road. The third, the restoration of the Borough right of ways. Fourth, remove damaged trees and/or root systems with the expenses covered by the gas company. The fifth, pre-construction meetings required for new projects. Mr. Tovo said NJNG had agreed to all terms except the second item concerning the Boulevard, since this is a County road. Mr. Tovo spoke to the inspector for the County of Morris and he stated that the County will be requesting the same restoration as did the Borough, resurfacing the entire northbound lane from Crane Road to Fanny Road.
Mr. Tovo stated that he has completed all nine (9) chapters of the Policy and Procedure Manual and is working on job descriptions. Once completed, the packet will be given to the Borough Attorney, employees and the Personnel Sub-Committee for review.
Regarding Borough projects, Mr. Tovo mentioned that Briarcliff Road will be paved by the end of the week. Powerville Road will be paved over the teacher’s convention break in November in order to avoid traffic issued. The tennis courts have been resurfaced and new nets have been ordered, and Mr. Tovo said he anticipated that the key fob system will be installed soon.
In response to Council questions, Mr. Tovo will ask Ms. Lane, the Recreation Director, to prepare a beach report and he expects he will be able to present this to the Council in October.
Mr. Tovo said that he has reviewed the Borough’s accounts with Cablevision and has identified some areas which may be subject to negotiation during the franchise renewal process. He will be meeting with the school next week to discuss any accounts and/or needs they may have.
Councilman Lester asked if the Borough had received quotes in order to turf Halsey Field. Councilman Holmberg said that the Borough has not asked for quotes yet, and that the Recreation Commission and Board of Education have agreed that other issues such as draining and lighting will need to be addressed. Mr. Tovo said that he expected to receive the Recreation Commission’s facilities report by the end of the week.
Councilwoman Bravo asked if the Borough had responded to the letter from COAH (Council on Affordable Housing) and Mr. Tovo said municipalities were asked to respond only if their accounting of available COAH funds was different than that reported by COAH. The Borough had no dispute with the COAH figure and therefore no response was necessary.
In response to Councilman Lester’s question about the status of the Resolution regarding Centennial funds, Mr. Tovo explained that Mayor Happer and Mr. Roberts are reviewing some details on the final figures, and that once this review is completed Mayor Happer will determine when the Resolution is placed on the agenda.
Mr. Tovo reported that the new sign had been installed, and the Council members said they had heard much positive feedback.
14. COUNCIL REPORTS:
Public Safety Sub-Committee – Councilwoman Bravo said that a discussion item regarding a change to the stop sign Ordinance will be reviewed by the Sub-Committee and then discussed by the Borough Council. She mentioned that CERT (Citizens Emergency Response Team) training was expected to be scheduled after Labor Day. Bear sightings have been reported in the Borough and Chief Bennett expects to schedule bear education for residents sometime in the fall. Chief Bennett will also be meeting with the Superintendent, the Athletic Director, the football coach, and parents of those football team members involved in the “Mud Run”, in order to address the Police and Sub-Committee’s concerns about students running in the Boulevard instead of down the path. Councilman Lester asked that the Board of Education members be invited to attend the meeting.
Shared Services Sub-Committee – Councilwoman Bravo reported that the Sub-Committee was reviewing the current agreement with the Board of Education and hoped to have a recommendation regarding any updates before the Council by November. The Sub-Committee is also reviewing other shared services agreements.
Lakes Management Advisory Committee – As he had been unable to attend, Deputy Mayor McWilliams asked Mr. Tovo to report on the meeting. Mr. Tovo said that the Committee had discussed the plan for hydro-raking.
Solid Waste Advisory Committee – Deputy Mayor McWilliams said the next meeting was scheduled for September 5th.
Shade Tree Commission – Deputy Mayor McWilliams reported that members of the Commission had taken an arborist’s tour in Sussex County.
Councilman Borin reported that he, Councilman Lester, Mayor Happer, and Mr. Tovo, had a meeting on August 15th with the owner of the Villa and his developer regarding the construction of a hotel on the Villa’s property. Councilman Borin said a hotel is a permitted use in this commercial zone. Their plan is to build the hotel over a portion of the existing building. This would reduce the capacity of the inside structure to three hundred (300) instead of its current capacity of six hundred (600). The height of the hotel would be five (5) stories or sixty (60) feet, and the current zone allows 2 ½ stories or thirty-five (35) feet. The owner of the Villa explained that, in order to attract the interest of a hotel chain, a minimum number of rooms were required. He said Wyndham had expressed some interest and would require a minimum of one hundred thirty (130) rooms; therefore the hotel would need to be five (5) stories tall. Councilman Borin said that even with the increase in height, the proposed structure would still be within the limits of both impervious coverage and maximum building coverage. Also, a hotel is consistent with redevelopment objectives as listed in the Borough’s Master Plan.
Councilman Borin said the hotel will generate approximately three times (3x) the current tax revenue of$100,000. In addition, there Borough would receive an occupancy tax. Finally, the hotel would be able to apply for a hotel liquor license, thereby freeing up the current consumption license and allowing another commercial property the opportunity to obtain a liquor license.
Councilman Borin said the owner of the Villa and the developer had requested the meeting in order to gage the level of support they might receive from the Borough before they began investing in the project. They estimated their investment would be approximately ten (10) million dollars.
The consensus of the Council was to support the project and to allow the Borough’s planner to speak with the planner hired by the Villa. Councilman Borin will communicate this to the owner of the Villa.
Recreation Commission - Councilman Holmberg spoke highly of the Commission and its members. He said the Commission is now very structured and is developing a plan for all of the programs sponsored by the Recreation Department. They are also developing a list of priorities and capital projects for 2014 and beyond. Councilman Holmberg said the Commission also reported a very successful summer recreation program and beach season.
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DPW Sub-Committee – Mayor Happer reported that the Sub-Committee had discussed modifications to Cove Park, in particular a more formalized ramp for boating access. Once the final plan has been reviewed by the Sub-Committee, it will be discussed with the Borough Council before any decision is made. Mayor Happer also mentioned that he was disappointed to hear reports of boaters placing boats on the plants and bushes, defacing the park and disrespecting Borough property. Mr. Tovo is looking into options to ensure compliance with designated access areas.
15. 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 offered an apology to Ms. Reilly and Mayor Happer regarding the preparation of the minutes. He stated he had forgotten that the Borough Council only met once a month during the summer. He commented that the Borough Council was being disrespectful to those with disabilities wishing to use Cove Park by refusing to fix the curbs in accordance with ADA (Americans with Disabilities Act) standards. He said he felt that the Council should respect the constitution and the ADA laws and in addition should put up retro-reflective street signs.
Linda Castellucci – Laurelwood Road
Ms. Castellucci asked about the status of the leash law Ordinance. Councilwoman Bravo said the issue is still in discussion at the committee level and more research is being conducted. The Public Safety Sub-Committee meets on the third Monday of each month.
Dave Shertzer – Lookout Road
Mr. Shertzer had questions about police overtime. Mr. Tovo explained that no outside detail overtime hours, for example, the traffic details for the work being done by New Jersey Natural Gas (NJNG), are included in the Police Department report and that no cost is incurred by the Borough for outside detail.
With no one else wishing to be heard, Mayor Happer closed the second public comment portion of the meeting.
16. ADJOURNMENT at 10:20 p.m.
Motion made by Councilman Holmberg, second by Deputy Mayor McWilliams, to adjourn the meeting at 10:20 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: August 26, 2013
____________________________________ _______________________________
Michele Reilly, RMC, Borough Clerk Daniel J. Happer, Mayor