BOROUGH OF MOUNTAIN LAKES
BOROUGH HALL, 400 BOULEVARD, MOUNTAIN LAKES
973-334-3131
SEPTEMBER 23, 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 Bradlee and Councilwoman Bravo, who were absent. Also in attendance were Borough Attorney Marty Murphy, Borough Manager Robert Tovo, Borough Clerk Michele Reilly, Police Chief Shawn Bennett and Department of Public Works Director Mark Prusina.
3. FLAG SALUTE
4. COMMUNITY ANNOUNCEMENTS
Mayor Happer mentioned that the High School Football team had played Friday night and won their game. This was the first time a home game had been played under the lights. Councilman Holmberg concurred that the game was a great town-wide event and mentioned the increased work involved for the Police Department due to safety concerns and for the Department of Public Works due to the clean-up.
Mayor Happer reminded the Council and audience that the Black Bear presentation sponsored by the Police Department would be held on Wednesday, September 25th at 7:00 pm at the High School and that the Flu Shot Clinic sponsored by the Health Commission and Health Department would be held on Tuesday, October 1st from 7:00 pm – 8:00 pm at the Borough Hall.
Mayor Happer encouraged participation in the McMatch contest by either donating food via the website link or by bringing food to the Borough Hall.
Councilman Holmberg commented that he had heard many positive comments about the new electronic sign and he wanted to make sure the commemorative plaque honoring Duke Smith was placed on the sign. Mr. Tovo said the plaque would be placed on the new sign shortly.
Deputy Mayor McWilliams mentioned that shredding day would take place on October 26th and there would be a blood drive as well. Money raised is donated to the Mountain Lakes Volunteer Fire Department and the Boonton Kiwanis Ambulance Squad.
Deputy Mayor McWilliams raised concerns about the amount of trash and debris in the Borough woodlands. Councilman Borin and Councilman Lester said they would discuss a clean-up with the Environmental Commission and Woodlands Committee, respectively, at their next meetings.
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.
Steve Arnold – Craven Road
Mr. Arnold discussed the letters he had sent to the Township of Parsippany-Troy Hills governing body regarding the Waterview project. He said he was in the process of writing another letter about topography and would send a copy to the Borough Council. He said he was glad to know the Council was discussing the Waterview issue and that he was curious to see how Parsippany would react to the protest petition.
Jane Cook – West Shore Road
Ms. Cook said that she would like to see any changes made to the leash law communicated to residents when the licensing forms are issued.
Gretchen Riccardi – Lake Drive
Ms. Riccardi said she appreciated the change in the wording of the leash law from what had been initially proposed in the discussion item.
With no one else wishing to be heard, Mayor Happer closed the public comment portion of the meeting.
7. DISCUSSION ITEMS:
-Well-head Protection Ordinance Update
Mr. Tovo explained that this discussion would be deferred to the October 14th or October 28th meeting at the recommendation of the Borough Engineer and Borough Attorney, due to the need to obtain clarification from the Department of Environmental Protection (DEP) and also due to the desire to obtain additional feedback from the Environmental Commission. He asked the Council members to review the proposed Ordinance, which was modeled after the Township of Parsippany-Troy Hills’, and to send him any feedback before the next meeting.
-Best Practices Worksheet Calendar Year 2013 (copy attached)
Mr. Tovo stated that the Best Practices Worksheet is a survey provided annually by the Division of Local Government Services (DLGS) and the Borough’s score helps to determine the amount of State Aid the Borough will receive. The Borough Council is required to review the Worksheet and the results at a public meeting prior to submission. Mr. Tovo said the Borough received the notification on September 5th and must submit this to the DLGS no later than October 15th. He completed the survey with the assistance of the Acting Chief Financial Officer, D. Timothy Roberts.
Mr. Tovo specifically reviewed and the Council discussed the answers that were either classified as “no” or “prospective”, answers to questions that differed from the answers given to the same question last year, and new questions.
Mr. Tovo concluded by stating that the Borough’s score was a forty-six (46) out of a potential score of fifty (50). A score of forty-one (41) or higher is required in order to receive one hundred percent (100%) of state aid.
8. ORDINANCE 04-13
ORDINANCE AMENDING CHAPTER 79 OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF MOUNTAIN LAKES AND REQUIRING THAT DOGS BE ON A LEASH OR IN A CARRIER WHEN ON A PUBLIC STREET OR SIDEWALK.
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 79 of the Revised General Ordinances of the Borough of Mountain Lakes is hereby amended by the addition of the following subsection to Section 79-3 A.:
(3) All dogs must be on a leash or in a carrier when on a public street or sidewalk within the Borough of Mountain Lakes.
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.
Following introduction, the above Ordinance will be published in accordance with the law and a public hearing will be held on October 14, 2013.
The Council discussed the fact that the many of the incidents involving dogs and documented by the Police Department occur at or around Birchwood Beach, and that the current Ordinance prohibits dogs on the beach and this is printed on the signs at Birchwood. An increase in enforcement at Birchwood was requested of Chief Bennett and the need for additional education of the public was mentioned. Mr. Tovo said he is reviewing the possibility of creating an access point along the loop where dogs and their owners can access the water without accessing the beach area. Mayor Happer said the change to the Ordinance will help minimize issues with dogs on the Borough streets and sidewalks and provide an increase in public safety for both residents and animals.
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Council Member |
By: |
2nd |
Yes |
No |
Abstain |
Absent |
By |
2nd |
Yes |
No |
Abstain |
Absent |
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Borin |
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X |
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Bradlee |
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X |
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Bravo |
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X |
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Holmberg |
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X |
X |
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Lester |
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X |
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McWilliams |
X |
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X |
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Happer |
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X |
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9. *RESOLUTIONS:
R145-13 Resolution Authorizing Approval to Submit a Grant Application and Execute a Grant Contract with the New Jersey Department of Transportation (NJDOT) for the Glen & Kenilworth Roads Project
R146-13 Resolution Authorizing the Refund of Overpayment of Taxes – Block 31, Lot 10.02
R147-13 Resolution Authorizing the Payment of Bills
10. *MINUTES:
September 9, 2013 (Executive)
September 9, 2013 (Regular)
11. *DEPARTMENT REPORTS:
Health Department August 2013
Police Department August 2013
12. *COMMITTEE AND COMMISSION APPOINTMENTS: (None)
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Council Member |
By: |
2nd: |
Yes |
No |
Abstain |
Absent |
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Borin |
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X |
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Bradlee |
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X |
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Bravo |
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X |
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Holmberg |
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X |
X |
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Lester |
X |
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X |
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McWilliams |
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X |
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Happer |
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X |
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13. ATTORNEY’S REPORT:
Mr. Murphy had nothing to report.
14. MANAGER’S REPORT:
Mr. Tovo reported that the grant application for the resurfacing of Glen and Kenilworth roads had been submitted and that he expected grant awards to be announced in April or May of 2014.
Mr. Tovo stated that he, Mr. Prusina, Recreation Director Audrey Lane, and Recreation Commission Chair Nicole Wright had taken a partial tour of the Borough’s recreational facilities, visiting Birchwood and Island beaches as well as Taft and Midvale Fields. The second part of the tour will be scheduled for the end of September or early October.
Mr. Tovo said that budget sheets had been distributed to all Department heads and they are to be returned to him no later than October 16th.
Mr. Tovo mentioned that he plans to hold an auction by the end of the year. The last Borough auction was held in 2009.
Mr. Tovo spoke about the difficulties he has had with the current telecommunications vendor, Earthlink. He cited their lack of responsiveness to service calls and their inability to successfully convert all of the Borough’s phone lines to the Earthlink account. He will be meeting with a new vendor, Lightpath, this week, and he said he has heard many positive comments about their services.
Councilman Holmberg asked about quotes for turfing Halsey Field and Mr. Tovo said he does not yet have the information from the vendor.
In response to Councilman Lester’s questions about the Recreation Department’s capital project wish list, Mr. Tovo said he expected to be able to discuss it with the Council once the remainder of the tour of the facilities has been completed.
Regarding the Citizens Emergency Response Team (CERT) Mr. Tovo said he and Chief Bennett would be setting training dates this week.
15. COUNCIL REPORTS:
Fifty-Five Plus (55+) Committee – Councilman Holmberg said the Committee would be hosting the High School football coach, Darryl Fusco, on Friday at noon at St. Catherine’s Church. The Committee is still determining its fall program schedule.
Shared Services Sub-Committee – Deputy Mayor McWilliams reported that the Sub-Committee was reviewing the arrangement between the Borough and the Board of Education.
Solid Waste Advisory Committee – Mayor Happer asked Deputy Mayor McWilliams for a sense of whether or not the group would continue next year. Deputy Mayor McWilliams said that issue is being discussed. The Committee would still like to study how the schools are participating in the recycling efforts, and would also like to resolve the vending machine/garbage bag issue.
Public Safety Sub-Committee – Councilman Lester reported that the Sub-Committee is working on changes to the stop sign Ordinance and is resolving the question of “through streets”. The Sub-Committee will meet again on October 21st with the goal of having a discussion item on the agenda for the October 28th Borough Council meeting. He said the Sub-Committee has revised its goals and that changes to the Noise Ordinance and Abandoned Vehicles Ordinance will not be reviewed in 2013. Councilman Lester said Chief Bennett would be meeting with the Athletic Director in order to discuss concerns involving the Mud Run.
Communications Committee – Councilman Lester said the Committee elected Mark Watrous as the chair and was developing a list of five or six priorities for the remainder of 2013, for example, a single community calendar and allowing individuals to post PDF’s to the website. Mayor Happer asked about website security and Councilman Lester said that the ability to access the website would be limited to Committee and Commission Chairs.
DPW Sub-Committee – Mayor Happer reported that Briarcliff Road had been completely paved and that Powerville Road was expected to be paved during the first week in November when school was closed. He said the Sub-Committee had discussed improvements to the recreational facilities. He mentioned that employees are scheduled for training on the PubWorks program. Mayor Happer said that the Sub-Committee is still waiting for estimates regarding improvements to Cove Park and that once received, the plan will be discussed with the Council.
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.
With no one wishing to be heard, Mayor Happer closed the second public comment portion of the meeting.
17. ADJOURNMENT at 9:17 p.m.
Motion made by Councilman Lester, second by Deputy Mayor McWilliams, to adjourn the meeting at 9:17 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: September 23, 2013
____________________________________ _______________________________
Michele Reilly, RMC, Borough Clerk Daniel J. Happer, Mayor