BOROUGH OF MOUNTAIN LAKES
BOROUGH HALL, 400 BOULEVARD, MOUNTAIN LAKES
973-334-3131
OCTOBER 28, 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 except for Councilman Bradlee, who arrived at 7:32 pm, and Councilwoman Bravo, who arrived at 7:36 pm. Also in attendance were Borough Attorney Marty Murphy, Borough Manager Robert Tovo, Borough Clerk Michele Reilly, Acting Chief Financial Officer D. Timothy Roberts and Department of Public Works Director Mark Prusina.
3. FLAG SALUTE
4. EXECUTIVE SESSION
RESOLUTION R154-13
Matters Relating to Litigation, Negotiations, and the Attorney-Client Privilege:
-Request by Cablevision for Franchise Renewal
Motion made by Councilman Holmberg, second by Deputy Mayor McWilliams, 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
Mayor Happer stated that the Medical Needs Foundation Spirit 5K was held yesterday in the Borough.
Mayor Happer reminded those in attendance that Halloween is celebrated this week and to be safe while Trick or Treating. In addition he said that candy donations are still being accepted and that the candy is distributed to the Village area of the Borough in support of the Safe Zone.
Deputy Mayor McWilliams said he attended the closing ceremonies Sunday for the Borough’s UN weekend.
Deputy Mayor McWilliams said the shredding day and blood drive held Saturday at the Borough Hall was a success. The goal was fifteen (15) blood donors and there were twenty-one (21) people who offered to donate but only thirteen (13) were able to be accepted.
Deputy Mayor McWilliams said that Operation Takeback, which offered people the opportunity to dispose of expired or unwanted medications, was also a success. He offered a special thank you to John Von Sternberg and Don McNeil.
Councilman Holmberg reminded those in attendance that Election Day was Tuesday, November 5th and that the polls would be open from 6:00 am – 8:00 pm.
Councilman Bradlee offered congratulations to the women’s tennis team on their win of the State Championship.
Councilman Lester mentioned that this was the one year anniversary of Hurricane Sandy and asked those in attendance to take a moment to remember those who were lost and those who took the time to help others.
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.
Fred Kanter – Hanover Road
Mr. Kanter said thank you for the new electronic bulletin board. He also commented that homeowners need to take responsibility for tree trimming and urged the Borough to send a reminder in a broadcast email. Mr. Kanter discussed the recent Ordinance involving parking during a snow/ice event and stated that the Borough needs to have a conforming towing Ordinance.
Steve Arnold – Craven Road
Mr. Arnold asked that broadcasts include Borough Council meetings and possibly Environmental Commission, Planning, and Zoning Board meetings. He said the Planning Board recently adopted the Master Plan and he felt the public hearing information should have been included in a broadcast. He also asked if there is action being taken to determine the owner of Intervale Road.
George Jackson – Sherwood Drive
Mr. Jackson spoke about the centennial celebration for the Community Church. The date of their one hundred (100) year anniversary is November 5, 2013. There will be a dinner held at the Rockaway River Country Club on that date and he hoped the Mayor or one of the Council or the Manager could attend and read the Council proclamation. In addition he asked that the Council gift the church the picture depicting the Community Church and painted by local artist Bob Bowen.
Joan Best – Intervale Road
Ms. Best asked the Council to reconsider their decision on Resolution 66-11 regarding employee health insurance coverage. She said that employee policy decisions should apply equally to all Borough employees regardless of whether they are covered by a collective bargaining agreement or not. She shared some complimentary emails she has received on behalf of the Department of Public Works employees. She said that the Council has created a two tier hierarchy amongst employees that should not exist.
With no one else wishing to be heard, Mayor Happer closed the public comment portion of the meeting.
Mayor Happer stated that reminding residents about pruning and trimming trees is an important message. Regarding the broadcast emails, Councilwoman Bravo stated she would be in favor of certain Borough meetings being promoted. Mayor Happer said he would leave those decisions to the Manager. He said he felt too many broadcasts would cause people to start ignoring messages from the Borough. He thought getting more information on the website would be helpful to residents.
In response to Mr. Arnold, Mayor Happer said that the Borough Manager was reviewing options for determining the ownership of Intervale Road, and then the costs would be evaluated. In response to Ms. Best, Mayor Happer said that the efforts and dedication of the employees of the Borough are recognized and that the decision making process is not done lightly. Councilmen Bradlee and Lester praised Ms. Best for her remarks and for her courageousness in approaching the Council.
Councilwoman Bravo said the Public Safety Sub-Committee would be discussing the towing Ordinance and Mr. Tovo said Borough Attorney Robert Oostdyk is already working on it. In response to Mr. Jackson’s comments Mayor Happer said a member of the Council would attend the dinner and present the proclamation.
7. SPECIAL PRESENTATION
Third Quarter Financial Review - D. Timothy Roberts, Acting CFO
Robert Tovo, Borough Manager
Mr. Tovo handed out a written summary of the current budget status as of the end of the third quarter, which was prepared by Mr. Roberts. He discussed certain items that he and Mr. Roberts felt required additional explanation since they were either over or under the seventy-five percent (75%) expected as of September 30, 2013.
In reference to revenues, Mr. Tovo explained that the tax sale, scheduled to be held in December, will increase the “Interest and Costs on Taxes” line item. The bill for the Board of Education’s Solid Waste Collection has been prepared and this is typically not billed to the Board until the second half of the year. The Sprint Cell Tower Lease line item is low due to reimbursements made to Sprint and in 2014 the anticipated revenue will be adjusted accordingly.
In reference to appropriations, Mr. Tovo said that the Audit, General Liability Insurance and Workers Compensation line items are at almost one hundred percent (100%) due to the fact that these bills have been paid in full. The same applies to PERS, PFRS, Denville Court, and County of Morris Dispatch. Mr. Tovo said that Shade Tree spending is slightly high. However, most of their spending occurs primarily in the first half of the year, due to the fact that their pruning and removal project is completed at that time and this project accounts for most of their budget. Mr. Tovo reported that overtime for the Department of Public Works is still running higher than anticipated, as is vehicle maintenance. These line items will require appropriations transfers in November. The line item for “Buildings and Grounds” is overexpended due to repairs of the HVAC system and Mr. Tovo said new options are being evaluated. Regarding utilities, Mr. Tovo reported that JCP&L is auditing the Borough accounts and in 2014 he expects the street lighting to be categorized properly in the budget and those expenses will remain within the budgeted amount. “Buildings and Grounds” and “Street Lighting” line items will also require appropriations transfers in November. Mr. Tovo said the Construction Official Salary and Wage line item is high due to the stipends paid to the construction employees for the additional Hornrock inspections. It was noted that the Borough received additional money from Hornrock Properties but this money cannot be reflected against the appropriations. Finally, Mr. Tovo said that the Library line item appears high but the Borough pays a month in advance, so this line item will remain within the budgeted amount.
Mr. Tovo said that the Finance Advisory Committee and Borough Council will need to review water rates in 2014. It has been five (5) years since rates were raised and the Borough has been notified that it will receive a large rate increase from the Township of Parsippany.
8. 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
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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.
George Jackson – Sherwood Drive
Mr. Jackson said he felt there was a real sign pollution issue in town and he hoped this Ordinance would not increase the number of stop signs. He also complained about the stop sign on Midvale Road.
With no one else wishing to be heard, Mayor Happer closed the public hearing.
Mayor Happer told Mr. Jackson that this Ordinance does not add any signs but merely clarifies the current Ordinance and ensures accuracy.
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Borin |
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Bradlee |
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Bravo |
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Holmberg |
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Lester |
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McWilliams |
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Happer |
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9. *RESOLUTIONS:
R155-13 Resolution Approving and Authorizing the Execution of a Collective Bargaining Agreement
With PBA Local 310
R156-13 Resolution Establishing the Green Team Advisory Committee to Advise the Borough Council
On Ways to Make the Borough of Mountain Lakes a More Sustainable Community
R157-13 Resolution Authorizing A Professional Services Agreement Between the Borough of Mountain Lakes and
Timber View Consulting LLC - Arborist
R158-13 Resolution Authorizing the Payment of Bills
PR04-13 Special Proclamation – Community Church Centennial
Prior to the Consent Agenda vote Mayor Happer asked that Resolution PR04-13, Special Proclamation-Community Church Centennial be pulled from the Consent Agenda for separate consideration and vote. Councilman Lester asked that Resolution157-13, Resolution Authorizing A Professional Services Agreement Between the Borough of Mountain Lakes and Timber View Consulting LLC – Arborist, also be pulled from the Consent Agenda for separate consideration and vote. Councilman Bradlee requested that Resolution 155-13, Resolution Approving and Authorizing the Execution of a Collective Bargaining Agreement With PBA Local 310, be pulled from the Consent Agenda for separate consideration and vote.
Councilman Lester asked that the minutes from October 14 be changed to reflect that he asked Chief Bennett to include four (4) years of time/use history on his report. Councilman Holmberg stated that in reference to Mr. Kanter’s remarks about trees and in reference to his own remarks from the October 14th meeting, which were reflected in the minutes as “Councilman Holmberg reminded all residents to check their trees for any pruning or removal that might need to take place”, he wanted to go on record that everyone, i.e. the municipality, JCP&L, and the residents, all have a responsibility to be mindful of the trees. Mayor Happer told the Council he had asked Ms. Reilly to move his comments regarding Resolution 151-13, which were reflected in the minutes as “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”, from the beginning of the paragraph to the end, as that was when he had made them.
10. *MINUTES:
October 14, 2013 (Executive)
October 14, 2013 (Regular)
11. *COMMITTEE AND COMMISSION APPOINTMENTS: (None)
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Borin |
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Bradlee |
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Bravo |
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Holmberg |
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Lester |
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McWilliams |
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Happer |
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Resolution 155-13
Resolution Approving and Authorizing the Execution of a Collective Bargaining Agreement With PBA Local 310
Councilman Bradlee referred to Ms. Best’s comments and the creation of a two-tier hierarchy within the Borough. He said he felt it was important to listen to the Borough employees. In addition, he said that since Governor Christie had set a two percent (2%) cap on spending he thought the Borough should stick to that benchmark. Councilman Lester said he too was not in agreement with going over the two percent (2%) cap.
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Borin |
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Bradlee |
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Bravo |
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Holmberg |
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Lester |
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McWilliams |
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Happer |
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Resolution 157-13
Resolution Authorizing A Professional Services Agreement Between the Borough of Mountain Lakes and Timber View Consulting LLC - Arborist
In response to Councilman Lester’s questions as to why the proposal from the arborist was dated March 1, 2013, Mr. Tovo confirmed that the Borough has always had an arborist. He had requested additional proposals in the spring in anticipation of needing a new arborist in 2014. He added that this arborist had been vetted through the Shade Tree Commission prior to submission to the Council.
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Borin |
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Bradlee |
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Bravo |
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Holmberg |
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Lester |
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McWilliams |
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Happer |
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Special Proclamation 04-13
Community Church Centennial
Mayor Happer said the picture of the Community Church painted by local artist Bob Bowen was currently hanging at the Department of Public Works and held no monetary value for the Borough. Mayor Happer then read the Resolution into the record:
“A PROCLAMATION DECLARING NOVEMBER 5, 2013 AS
COMMUNITY CHURCH DAY IN THE BOROUGH OF MOUNTAIN LAKES”
WHEREAS Mountain Lakes was founded in 1911 and residents shortly thereafter began meeting in various places to worship together, thus creating a need for a community church; and
WHEREAS on November 5, 1913, Charles S. Macfarland formally organized The Community Church of Mountain Lakes with 48 charter members from many different denominations; and
WHEREAS the cornerstone for the new Church building was laid in 1914 on land donated by Mountain Lakes developer, Herbert J. Hapgood, with the first worship service held in the new sanctuary on December 6, 1914; and as the Church grew, additions were made - a fellowship auditorium in 1926, an educational wing and chapel in 1957, the Tower Garden in 1996, and a renovated manse in 2011; the Church’s bell was donated by residents of Mountain Lakes in 1915 and used to also announce fire alarms; and
WHEREAS the Community Church was initially affiliated with the Reformed Church of America, it changed its affiliation to the Congregational Christian Churches in 1956, which later became the United Church of Christ; and
WHEREAS the Community Church has always served as a community center for Mountain Lakes and surrounding communities and hosted many groups including Boy Scout Troop 41 since 1935, Girl Scouts, Alcoholics Anonymous, Scribbles Preschool since 1985, and the Newark SCEEP program since 1981; and
WHEREAS the Community Church has been served with great dedication and vision by ten permanent pastors, including Loral Pancake (38 years), Charles Gross, Larry Kalp and now Debra Duke; and
WHEREAS the Community Church continues to serve Mountain Lakes and surrounding communities, focusing on families and people from various backgrounds and denominations and providing educational, youth and outreach programs and worship and fellowship for everyone; and
NOW, THEREFORE, I, Daniel J. Happer, by virtue of the authority vested in me as Mayor of the Borough of Mountain Lakes, New Jersey, do hereby declare November 5, 2013 “Community Church Day” on the occasion of its 100th birthday, and extend to the Community Church congratulations and best wishes for continued growth and happiness, as well as many blessings.
I FURTHER DECLARE that in recognition of the 100th anniversary of the Community Church’s service to the community, the Borough of Mountain Lakes presents a 1984 rendering of the Community Church as painted by local artist Robert Bowen, to be displayed in a prominent location in the church.
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Borin |
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Bradlee |
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Bravo |
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Holmberg |
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Lester |
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McWilliams |
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Happer |
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12. ATTORNEY’S REPORT:
Mr. Murphy had nothing to report.
13. MANAGER’S REPORT:
Mr. Tovo reported that the CERT training had been rescheduled to November 9th due to scheduling conflicts with some of the attendees.
Mr. Tovo said that the Department of Environmental Protection (DEP) approvals for the work needed on Sunset Dam were almost complete. He would be setting up a meeting with those homeowners affected by any work being done. He said the good news was that the DEP would continue to categorize the Dam as a Tier 2 and not a High Hazard Dam.
Mr. Tovo said that he met with Mr. Prusina and Borough Engineer Bill Ryden and they decided to forego some scheduled sidewalk projects until 2014. Due to the many resident requests he receives for curbing and the fact that the vendor is working in the Borough, Mr. Tovo said the decision was made to focus on installing some additional curbing.
Mr. Tovo reported that the majority of the paving projects that the gas company was responsible for have been completed. Powerville Road is due to be paved next week. Mr. Tovo stated that the northbound lane of the Boulevard will be paved but that no date has been set. The Borough would like the southbound lane paved at the same time and he said the County Engineer and County Inspector agree. Mayor Happer suggested the Council members join him in contacting their Freeholders to encourage them to support the paving of the entire County road.
Councilman Bradlee suggested the Borough consider paving the other half of roads being paved by New Jersey Natural Gas. Mr. Tovo reminded the Council that any grant funds received for paving projects must be used on those roads specified in the grant submission. The current grant submission identifies Glen Road and Kenilworth Road and if funds are received they must be used to pave these roads.
In response to Council questions, Mr. Murphy stated that the Township of Montville is considering a five (5) year moratorium on road opening requests for recently paved roads, with a hardship exception.
14. COUNCIL REPORTS:
Woodland Committee – Councilman Lester reported that the Committee is in favor of holding a town wide clean up in 2014, possibly in the spring to coincide with Earth Day. Councilman Lester will coordinate with Councilman Holmberg and the Recreation Commission.
Public Safety Sub-Committee – Councilwoman Bravo said the Sub-Committee was excited to be proceeding with the CERT team and will be looking into the Towing Ordinance.
Shared Services Sub-Committee – Councilwoman Bravo said the Sub-Committee had a very productive meeting with the School Superintendent, Dr. Anne Mucci and Business Administrator Dan Borgo in reference to the shared services agreement between the schools and the Borough. She said the Sub-Committee will be submitting recommendations to the Council in December regarding changes to the agreement. The agreement was last updated in 2001.
Planning Board – Councilwoman Bravo stated that the Board has finally adopted the new Master Plan, after a four year review. The only element which did not change was the housing element, due to the fact that the new COAH rules have not yet been issued.
Shade Tree Commission – Deputy Mayor McWilliams reported that the Shade Tree is looking for another member.
Solid Waste Committee – Deputy Mayor McWilliams said he had made a trip to the recycling center and spoken to the representative, Eric Gabrielson. The Committee is still researching vending machines for the sale of the Borough’s green garbage bags.
Recreation Commission – Councilman Holmberg reminded the Council that the Recreation Director and the Chair of the Commission will be making a presentation at the next meeting. They will be making recommendations for the 2014 capital budget, detailing their new policies and processes, offering an overview of summer recreation programs, and discussing their mission and charter.
Councilman Borin reported that he, Councilman Lester, Mayor Happer and Mr. Tovo had met with the Borough’s Planner, Paul Phillips, in reference to the Villa’s proposal for a hotel and other redevelopment options. Councilman Borin also said it had been reported to him that the owner of the CITGO gas station was interested in redeveloping his property into a potential retail site with apartments on the top level. Councilman Borin said the Borough should consider supporting such a proposal as the gas station property is in close proximity to the Borough’s well heads. Finally, Councilman Borin said there is another parcel of land on Route 46 which is being scouted by a company interested in putting in an office building. Mr. Tovo has had contact with the owner.
Zoning Board of Adjustment – Councilman Borin mentioned that the Board has two (2) vacancies. However, there are two (2) people who have expressed interest in serving and the Board is waiting for their resumes. There will be a third vacancy in December due to another resignation.
DPW Sub-Committee – Mayor Happer stated that Powerville Road will be paved on November 7th. Also, he said the Sub-Committee will be reviewing parking at Haswell Field. Finally, he mentioned that a separate path will be installed at Cove Park. This path will consist of pebbled gravel and will be six (6) feet wide. Steps will be formed from railroad ties. The path will give boaters better access to the lake and the railroad ties will give skaters a bench to use while putting on and taking off skates.
Councilwoman Bravo mentioned that many residents are allowing dogs to wander through the plants at Cove Park. She suggested a little fence or signs to remind people to please respect the Park.
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 commended Ms. Best for her comments. He said he felt that the Borough Attorney and Borough Engineer were weak links and questioned their competency. He cited ADA violations at Cove Park and the lack of an enabling towing Ordinance.
George Jackson – Sherwood Drive
Mr. Jackson thanked the Council for passing the Proclamation. He also mentioned that Councilman Bradlee’s idea regarding paving has been done before.
Joan Best – Intervale Road
Ms. Best
expressed thanks to the two Council members who agreed with her and told the
rest of the Council that she felt actions speak louder than words and that they
had spoken through their actions.
With no one else wishing to be heard, Mayor Happer closed the second public comment portion of the meeting.
16. ADJOURNMENT at 9:44 p.m.
Motion made by Councilman Bradlee, second by Councilwoman Bravo, to adjourn the meeting at 9:44 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 28, 2013
____________________________________ _______________________________
Michele Reilly, RMC, Borough Clerk Daniel J. Happer, Mayor