BOROUGH OF MOUNTAIN LAKES

BOROUGH HALL, 400 BOULEVARD, MOUNTAIN LAKES

973-334-3131

www.mtnlakes.org

 

OCTOBER 14, 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, Borough Clerk Michele Reilly, Police Chief Shawn Bennett and Department of Public Works Director Mark Prusina.

3.             FLAG SALUTE

 

4.             EXECUTIVE SESSION

                RESOLUTION R148-13

 

                Matters Relating to Collective Bargaining Agreement

                -PBA Contract

 

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 Councilwoman Bravo, 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

 

Mayor Happer thanked all the residents who participated in the McMATCH program. Donations from Mountain Lakes earned the Borough a second place ranking in Division 1.

 

Mayor Happer reminded those in attendance that the Special Election for United States Senator would be held this Wednesday, October 16.

 

Mayor Happer stated that the annual U.N. weekend would be held over October 18-19. He said he thought that this was the 51st anniversary of this event.

 

Mayor Happer said that the semi-annual Trash Day would be held on October 25th and 26th. In addition Shredding Day would be held on Saturday the 26th as well as a Blood Drive. Those donating blood are allowed to shred two (2) boxes of documents for free.

 

Mayor Happer stated that Halloween candy donations are being accepted at the Borough Hall, the library, and the schools, and will be distributed in the Safe Zone.

 

Mayor Happer mentioned that the Library is turning 100 and they are asking all households to complete a brief survey before October 21st. He encouraged all residents to participate.

 

Mayor Happer said that the Medical Needs Foundation would once again be hosting the Spirit 5K on Sunday, October 27th. Councilwoman Bravo said that this year, the race would begin at Briarcliff School.

 

Councilman Holmberg reminded all residents to check their trees for any pruning or removal that might need to take place.

 

Councilwoman Bravo said that she wanted to recognize the Citizens for Health, Safety and Welfare and commend them for their recent involvement in the Water view issue. She said she was very impressed with their organization and strategy and she felt that the group exemplified the spirit of Mountain Lakes.

 

Deputy Mayor McWilliams mentioned that Chief Bennett has organized a medicine/pill drop off to take place at the same time as Shredding Day, on October 26th. This drop off gives residents the opportunity to properly dispose of unused and unwanted medication.

 

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.

Ron Owens – Intervale Road

Mr. Owens thanked the Council for their support during the Waterview issue and for their attendance at the various meetings held in Parsippany. He asked that that the Borough attempt to locate the papers documenting the ownership of Intervale Road.

 

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

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.                                                     

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

PUBLIC HEARING

 

Mayor Happer opened the public hearing with the consent of the Council.

Vincent DiRicco – Kenilworth Road

 

Mr. DiRicco said he did not understand the need for the change to the existing law. He said he felt that most owners keep their aggressive dogs on a leash and that he resents having to put his dogs on a leash. He said he carries a leash with him in case he needs it. He felt this change would be an unnecessary burden and wondered why the Borough was becoming more restrictive.

 

Burt Weinstein – West Shore Road

Mr. Weinstein stated that he had two (2) dogs and that he objected to the Ordinance and to a further extension of limitations.

 

Jane Cook – West Shore Road

Ms. Cook said she would support the change if the path at Birchwood Lake was not included. Councilman Borin stated that the change doesn’t alter the current law with respect to Borough trails and the path at Birchwood Lake.

 

Dora Weinstein – West Shore Road

Ms. Weinstein questioned if there were a large number of dogs running loose on streets and sidewalks and wondered if this change would be the first step in imposing a general leash law. She asked why there was a need to change the rules.

 

With no one else wishing to be heard, Mayor Happer closed the public hearing.

Mayor Happer asked Chief Bennett for comments. Chief Bennett stated that in New Jersey, an owner is one hundred percent (100%) liable for the actions of their pet. Additionally, every municipality in Morris County, with the exception of three (3), has a leash law. In addition, Morris County laws prohibit people from having dogs off leashes in the County Parks, such as the Tourne Park. He stated that the current Ordinance is difficult to enforce and that this change will allow enforceability.

Councilman Lester reminded those in attendance that the current Ordinance already requires a dog to be under “strict control”, which is defined as “at heel”; therefore any dog off leash on a path or trail should be right next to its owner.

Council Member

By:

2nd

Yes

No

Abstain

Absent

By

2nd

Yes

No

Abstain

Absent

Borin

 

 

X

 

 

 

 

 

X

 

 

 

Bradlee

 

 

 

 

 

X

 

 

X

 

 

 

Bravo

 

 

 

 

 

X

X

 

X

 

 

 

Holmberg

 

X

X

 

 

 

 

 

X

 

 

 

Lester

 

 

X

 

 

 

 

 

X

 

 

 

McWilliams

X

 

X

 

 

 

 

X

X

 

 

 

Happer

 

 

X

 

 

 

 

 

X

 

 

 

 

 

 

9.             ORDINANCE 05-13

       

ORDINANCE AMENDING CHAPTER 229 OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF MOUNTAIN LAKES, ‘SCHEDULE V: THROUGH STREETS’”

 

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 of the Revised General Ordinances of the Borough of Mountain Lakes shall be amended by the following amendment to Section 229-14, “Schedule V:  Through Streets,” which shall read in its entirety as follows:

 

Name of Street                                                 Limits

Briarcliff Road                                                   Between Glen Road and Boulevard

Briarcliff Road                                                   Between Morris Avenue and Glen Road

Crane Road                                                       Between Boulevard and Morris Avenue

Crane Road                                                       Between Morris Avenue and Route 46

Glen Road                                                        Between Briarcliff Road and Boulevard

Intervale Road                                                   Between Midvale Road and Route 46

Intervale Road                                                   From Mountain Lakes-Parsippany-Troy Hills corporate                                                                                                    line to Midvale Road

Lake Drive, Lake Drive-Dartmouth Road             Between Lake Drive-Dartmouth Road and Boulevard

Lake Drive, Lake Drive-Dartmouth Road             Between Morris Avenue and Lake Drive-Dartmouth Road

Midvale Road                                                    Between Lake Drive and Crescent Drive

Midvale Road                                                    Between Intervale Road and Crescent Drive

Morris Avenue                                                   Between Crane Road and Midvale Road

Morris Avenue                                                   Between Midvale Road and Fanny Road

North Glen Road                                               Between Boulevard and Crestview Road

Powerville Road                                                Entire length

Sherwood Drive                                                            From Intervale Road to and including the westerly intersection

                                                                        of Lockley Court

 

 

 

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 28, 2013.

 

Mayor Happer stated that the intent of this Ordinance change was to clarify the Borough’s designated through streets.

 

Council Member

By:

2nd

Yes

No

Abstain

Absent

By

2nd

Yes

No

Abstain

Absent

Borin

 

 

X

 

 

 

 

 

 

 

 

 

Bradlee

 

 

X

 

 

 

 

 

 

 

 

 

Bravo

 

X

X

 

 

 

 

 

 

 

 

 

Holmberg

 

 

X

 

 

 

 

 

 

 

 

 

Lester

X

 

X

 

 

 

 

 

 

 

 

 

McWilliams

 

 

X

 

 

 

 

 

 

 

 

 

Happer

 

 

X

 

 

 

 

 

 

 

 

 

                                                                       

 

10.          *RESOLUTIONS:

R149-13                Resolution Authorizing the Renewal of Liquor License – Olympiakos Restaurant Enterprises LLC

R150-13                Resolution Authorizing the Redemption of Tax Title Lien 2012-05; Block 129.02, Lot 3

R151-13Resolution Authorizing Transfer of Funds and Cancellation of Balances in Centennial Escrow Account

R152-13Resolution Authorizing Membership in Morris County Municipal Joint Insurance Fund - MCMJIF

R153-13                Resolution Authorizing the Payment of Bills

 

Prior to the Consent Agenda vote Mayor Holmberg asked that Resolution 151-13, Resolution Authorizing Transfer of Funds and Cancellation of Balances in Centennial Escrow Account be pulled from the Consent Agenda for separate consideration and vote. Councilman Holmberg asked that Resolution152-13, Resolution Authorizing Membership in Morris County Municipal Joint Insurance Fund-MCMJIF, also be pulled from the Consent Agenda for separate consideration and vote. Councilman Lester commended Chief Bennett on the reformatted police report. He asked the Chief to provide four (4) years of time/use data.

 

11.          *MINUTES:                          

                September 23, 2013 (Regular)

 

12.          *DEPARTMENT REPORTS:

                Construction Department                  September 2013

                Department of Public Works             September 2013

                Fire Department                                  September 2013

                Health Department                             September 2013

                Police Department                              September 2013

                Tax Department                                   September 2013

 

 

 

 

 

 

 

 

 

 

 

 

13.          *COMMITTEE AND COMMISSION APPOINTMENTS:                                (None)

 

 

Council Member

By:

2nd:

Yes

No

Abstain

Absent

Borin

 

 

X

 

 

 

Bradlee

 

X

X

 

 

 

Bravo

 

 

  X**

 

 

 

Holmberg

 

 

X

 

 

 

Lester

X

 

X

 

 

 

McWilliams

 

 

X

 

 

 

Happer

 

 

X

 

 

 

 

 

 

 

 

 

 

 

 

 

 

** Councilwoman Bravo abstained from the September 23, 2013 minutes

 

Resolution 151-13

 

In response to questions from the Council, Mr. Tovo said that the Historic Preservation Committee will be able to make recommendations for the use of funds and the Council would be the decision making authority.  Mayor Happer noted that while he doesn’t disagree with the proposal to set aside the excess funds for future historical expenditures, he was not able to feel comfortable that all the Borough expenses, for example Borough overtime, had been charged to this account.

 

Councilman Lester made a motion, second by Councilwoman Bravo to amend the last paragraph of the Resolution:

NOW, THEREFORE, BE IT RESOLVED by the Borough Council of the Borough of Mountain Lakes, County of Morris, State of New Jersey that the unexpended and dedicated balances held in the Centennial Escrow Account in the amount of $17,519.00 as certified by the Acting Chief Financial Officer shall be transferred and will remain in an escrow account for use on dedicated historic projects approved by the Borough Council.

and add “after review by the Historic Preservation Committee (HPC)” at the end of the last sentence.

 

Council Member

By:

2nd:

Yes

No

Abstain

Absent

Borin

 

 

X

 

 

 

Bradlee

 

 

X

 

 

 

Bravo

 

X

X

 

 

 

Holmberg

 

 

X

 

 

 

Lester

X

 

X

 

 

 

McWilliams

 

 

X

 

 

 

Happer

 

 

 

X

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Resolution 151-13 (as Amended)

 

Council Member

By:

2nd:

Yes

No

Abstain

Absent

Borin

 

 

X

 

 

 

Bradlee

X

 

X

 

 

 

Bravo

 

 

X

 

 

 

Holmberg

 

 

X

 

 

 

Lester

 

 

X

 

 

 

McWilliams

 

X

X

 

 

 

Happer

 

 

 

X

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Resolution 152-13

 

Mr. Tovo stated that he is very pleased with the Morris County JIF and with the Fund Manager. He gave examples of services provided by the MCMJIF, for example, training for the Department of Public Works and crossing guards. In addition the MCMJIF fully funded the Police Accreditation process, which cost approximately $50,000. Mr. Tovo said the cost of the MCMJIF contract has risen approximately 5-6% yearly and he expects the same for 2014.

 

Council Member

By:

2nd:

Yes

No

Abstain

Absent

Borin

 

 

 

 

X

 

Bradlee

 

 

X

 

 

 

Bravo

 

 

X

 

 

 

Holmberg

 

 

X

 

 

 

Lester

X

 

X

 

 

 

McWilliams

 

X

X

 

 

 

Happer

 

 

X

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

14.          ATTORNEY’S REPORT:

 

Mr. Murphy had nothing to report.

 

15.          MANAGER’S REPORT:

 

Mr. Tovo reported that he has had two (2) meeting and several phone calls with Cablevision. He feels that negotiations are moving in a positive direction and he hopes to introduce the Ordinance either at the next meeting or at the first meeting in November.

 

Mr. Tovo stated that he and Mr. Prusina have been monitoring the gas company as they mill and resurface the roads. The gas company is responsible for paving nine (9) feet of any roadway that was disturbed during their pipe replacement process. Mr. Tovo said that overall, the paving jobs have been good quality work and the gas company has been agreeable to addressing some additional sub-par road conditions although they are under no obligation to do so. In addition, the gas company will be running a line to Well #5 and to the water tower, which will allow for generator operations in the case of an emergency.

 

Mr. Tovo said that, in reference to capital projects, curb work is taking place and the paving of Powerville Road is scheduled for November 7th and 8th. Also, he said he is still waiting for pricing before beginning to replace poles at the tennis courts and install other poles, and subsequently cameras, around the Borough.

 

Mr. Tovo reported that hydroraking of Mountain and Wildwood Lakes will begin on the 25th of October. Due to budget issues and Hurricanes Irene and Sandy, the Borough has fallen behind the yearly schedule for hydroraking; he is hopeful that the 2013 project will help get the hydroraking back on track.

 

Mr. Tovo said that Councilman Borin had asked him to research the ownership of Intervale Road. He said he has found several old deeds that he hopes will help direct the title search. He is not yet certain of the cost of the title search.

 

Regarding the Citizens Emergency Response Team (CERT) Mr. Tovo said he and Chief Bennett would be conducting training on October 26th for approximately eight (8) to ten (10) people. He said they expect to conduct basic training and issue some equipment during the half day training.

 

Councilman Lester asked about updating the beach signs. Mr. Tovo said he is working with Recreation regarding wording and expects this project will be completed in 2014.

 

In response to questions about Wellhead Protection, Mr. Tovo said he will be meeting with the Environmental Commission. He said that the Ordinance might not be introduced until early 2014 due to the need to meet with the Commission and to make sure that the new Ordinance met all Department of Environmental Protection (DEP) requirements.

 

 

 

 

 

 

 

 

  

16.          COUNCIL REPORTS:

 

Recreation Commission – Councilman Holmberg mentioned that the Commission was meeting tomorrow night.  He expected the Commission Chair, Nicole Wright and the Recreation Director, Audrey Lane, to present a report to the Council at the first meeting in November.

 

Finance Advisory Committee – Councilman Holmberg said the Acting Chief Financial Officer would be presenting the quarterly business review at the next Borough Council meeting. The review had recently been presented to the Committee and they were pleased with the report.

 

Fifty-Five Plus Committee – Councilman Holmberg reported that Chief Bennett had given his Black Bear Presentation to the Committee at their last meeting.

 

Shade Tree Commission – Deputy Mayor McWilliams said the Commission is vetting another member. In addition, the Commission has completed its annual tree survey and is also actively pursuing grant applications.

 

Zoning Board of Adjustment – Councilman Borin said the Board was still in need of a member. Councilman Lester asked about combining the Board and the Planning Board into a Land Use Board. Councilman Borin said that discussion had been tabled and the thought was that one board might be overwhelmed if there was an increase in activity. Deputy Mayor McWilliams said that the cost of maintaining two boards and volunteerism were reasons why combining the boards has been discussed in the past. Councilwoman Bravo said she felt the issue should be revisited.

 

Planning Board – Councilwoman Bravo reported that the final chapter of the revised Master Plan had been finished. Mr. Murphy said the Planning Board would be able to adopt the Master Plan and it did not need to be reviewed by the Borough Council.

 

Woodlands Committee – Councilman Lester mentioned that a town-wide clean-up is being discussed. He also said that the Committee members had expressed appreciation for help received from the Department of Public Works employees.

 

Communications Committee – Councilman Lester said that the Committee was discussing how to resurrect the notion of the Home and School Association Bulletin. In addition they were discussing revisions to the website and a survey to residents regarding communications with the Borough.

 

Councilman Bradlee mentioned that the crosswalk on Crane and Boulevard should be reviewed for safety before that street is paved. Mr. Tovo said paving was expected in the spring.

 

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.

Ron Frank – Morris Avenue

Mr. Frank suggested that the garbage truck sit in the municipal lot daily for 1 ½ hours so that people could bring their garbage to the truck instead of leaving it at their homes, where it may attract bears. He said he felt this would improve safety for residents and also for the garbage men.  Mr. Tovo said he would evaluate the suggestion.

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

18.          EXECUTIVE SESSION

                RESOLUTION R148-13

 

                Matters Relating to Collective Bargaining Agreement

                -PBA Contract

 

Motion made by Deputy Mayor McWilliams, second by Councilman Holmberg, to re-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”.

 

 

 

19.          ADJOURNMENT at 9:49 p.m.

 

Motion made by Councilman Lester, second by Deputy Mayor McWilliams, to adjourn the meeting at 9:49 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: October 14, 2013

 

 

____________________________________                                            _______________________________ 

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