BOROUGH OF MOUNTAIN LAKES
BOROUGH HALL, 400 BOULEVARD, MOUNTAIN LAKES
973-334-3131
NOVEMBER 25, 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.
Deputy Mayor McWilliams called the meeting to order at 7:32 pm.
2. ROLL CALL ATTENDANCE
Ms. Reilly called the roll. All Council members were present except for Mayor Happer, who arrived at 7:49 pm, and Councilman Holmberg, who was absent due to a family commitment. Also in attendance were Borough Attorney Marty Murphy, Borough Manager Robert Tovo, Borough Clerk Michele Reilly, Department of Public Works Director Mark Prusina and Acting Chief Financial Officer D. Timothy Roberts.
3. FLAG SALUTE
4. EXECUTIVE SESSION
RESOLUTION R160-13
Matters Relating to Litigation, Negotiations, and the Attorney-Client Privilege:
-Request by Cablevision for Franchise Renewal
-Authorizing Release of the Minutes of Executive Sessions
Motion made by Councilman Lester, second by Councilwoman Bravo, to enter into Executive Session with all members in favor signifying by “Aye”.
Motion made by Councilman Bradlee, 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
Mayor Happer reminded those in attendance that the annual Menorah lighting would be held this Sunday at 5 pm. The annual Christmas tree lighting will be held on the following Sunday, December 8th, at the same time.
Councilman Lester said he had recently attended and enjoyed the New Jersey State League of Municipalities Convention.
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.
Martha Dwyer Bergman – Tower Hill Road
Ms. Bergman said she was concerned about the survival of the plantings at Cove Park during the winter months and also for the ice skaters who use the Park. She suggested placing a fence around the plants and/or placing signs in order to prevent skaters from stepping on and damaging the plants, and in order to protect skaters from possibly tripping on them.
With no one else wishing to be heard, Mayor Happer closed the public comment portion of the meeting.
Mayor Happer stated that Mr. Tovo is developing a plan to address the issues at Cove Park. Mr. Tovo said that access to the Cove and the maintenance and care of the plants are two of the top concerns being reviewed.
7. SPECIAL PRESENTATION Recreation Department Overview
Audrey Lane, Recreation Director and Nicole Wright, Chair of the Recreation Commission, made a presentation to the Borough Council. Also in attendance were Deb Shertzer, Vice Chair, and Jim Peterson, Commissioner.
Ms. Wright talked about the Commission’s goals and accomplishments for 2013, including ensuring that all Recreation programs are managed in a sustainable way, ensuring that adequate facilities are available for programs, improving communication to residents, building parameters and guidelines for affiliated programs and facilities, developing an electronic facilities use request and calendar system in conjunction with the Board of Education, developing a single on-line system for registrations and payments of programs, and conducting a recreation facilities audit in conjunction with the Department of Public Works. She also detailed some additional accomplishments of the Commission, including attendance at monthly DPW facility meetings, evaluating and redefining the role of the Recreation Director, and revising the mission of the Commission.
Ms. Lane reviewed the 2013-2014 Recreation Department initiatives, including concussion testing, an online background testing program, the installation of a swipe card system at the tennis courts, and a December 15th bus trip to Radio City Music Hall. Plans for next year include new tennis and golf programs, concerts at Island Beach and teen pick-up leagues for basketball and volleyball. Ms. Lane also discussed some of the current issues related to Recreation, such as the need for capital improvements for facilities, issues with field space due to the Borough’s dependency on Boonton Township fields, the need for reinforcement of sportsmanship, trends in volunteerism, and the utilization of Municipal Alliance Commission (MAC) funds.
Ms. Wright then reviewed the Recreation Commission goals for 2014. These include implementing the Recreation Sports Program Standards across all sports programs, creating a culture of exemplary sportsmanship, developing recreation activities that reach teens, improving communications to residents, and working with the community and Board of Education to increase access to turf fields for Recreation Sports programs.
Ms. Lane discussed the Recreation Commission’s 2014 recommendations to the Borough Council. The Commission asked the Council to approve the Recreation Sports Programs Standards, to approve funding for a motorboat, to approve funding for teen programs and initiatives if required, and to support initiatives that will result in expanded turf field access for Recreation programs. The Commission also asked the Council to include the following capital expenses in the 2014 budget: the improvement of drainage to Upper Halsey Field, to fund an architectural plan to upgrade the entire Birchwood Beach facility, and to support a redesign of the Midvale boat launch in order to maximize boat storage and to accommodate smaller kayaks and paddleboards.
The Council congratulated Ms. Lane and Ms. Wright on the successes of the Recreation Department and Commission and thanked them for the thoroughness of their presentation. Mr. Tovo said that he was putting together a funding plan for Recreation Capital Expenses and that this plan would be reviewed by the Finance Advisory Committee before a capital spending plan was created.
8. ORDINANCE 06-13
ORDINANCE AMEMDING CHAPTER 204 OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF MOUNTAIN LAKES AND PROHIBITING ENCROACHMENTS IN THE PUBLIC RIGHT OF WAY
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 204 of the Revised General Ordinances of the Borough of Mountain Lakes entitled “Streets and Sidewalks,” shall be amended by the inclusion of new Article V which shall be entitled “Encroachments in the Public Right of Way” and shall read in its entirety as follows:
§ 204-31. Definitions.
For the purposes of this article, the following terms and phrases shall have the meanings set forth in this section, unless a different meaning is clearly indicated by the context:
ENCROACHMENT
Any fixture such as a wall or fence, boulder, shrubbery, planting, bushes or trees (except only grass) which intrudes into or invades any portion of the public right-of-way; provided that trees planted parallel to the public right-of-way, which do not obstruct passage, are permitted.
OBSTRUCTION
Any permanent hindrance, obstacle or barrier which in any manner, impedes the flow of traffic on the highway and closes it to public travel.
OWNER
The holder of the title in fee simple of the real property on which said encroachment or obstruction is situated.
PRIVATE UNDERGROUND SYSTEM
Any permanent underground device installed for private use, such as but not limited to underground irrigation systems or in-ground electric pet fencing systems.
PUBLIC OFFICER
The officer or officers who are authorized by this article to exercise the powers prescribed herein.
Any street, road, avenue or highway, including the sidewalk areas, for the full width of the dedication to the public. A list of the public right-of-ways in the Borough of Mountain Lakes is appended to this Ordinance and incorporated herein.
§ 204-32. Encroachments or obstructions in public right-of-way prohibited.
No owner of any real property located in the Borough of Mountain Lakes shall erect, construct or maintain, or permit to be erected, constructed or maintained within the limits of the public right-of-way, any encroachment or obstruction as herein defined.
§ 204-33. Private underground systems, invisible fencing, and mailboxes in public right-of-way.
1. Private underground sprinkler systems, invisible fencing, and mailboxes are permitted in the right of way provided that the private improvement is not an obstruction and the owner agrees that the Borough assumes no responsibility for or liability arising out of the installation, care, operation, future maintenance or repair of any portion of a private improvement installed within a public right-of-way or utility easement.
2. Private improvements located within a public right-of-way or utility easement shall in no way interfere with the right of the Borough, its contractors or other utilities to excavate therein for repair, maintenance or installation of any public utility, street, sidewalk, curb or for any other purpose.
3. The Borough will not, under any circumstance, maintain, repair or replace any portion of private underground systems, invisible fencing, or mailbox located within a public right-of-way or utility easement which might be damaged or removed by any work, accident, maintenance activity or construction activity undertaken by the Borough, its contractors or other utilities.
§ 204-34. Borough Manager designated enforcing Public Officer.
The Borough Manager of the Borough of Mountain Lakes and any Borough Official designated by the Manager shall be, and he/they are hereby designated as, the Public Officer(s) to exercise the powers prescribed by this article.
§ 204-35. Public Officer authorized to order removal of encroachments and obstructions.
Whenever a public need exists and the attention of the Public Officer is called to the existence of any encroachment on or obstruction of, on, or in a public right-of-way in the Borough of Mountain Lakes, the Officer shall prepare and serve upon the owner of the premises, personally or by regular and registered mail, a written demand for the removal of the encroachment or obstruction within 30 days after service of such demand upon the owner.
§ 204-36. Public Officer may institute proceedings for penalty and cause encroachment to be removed; cost of removal a tax lien.
If the owner fails to comply with the order to remove said encroachment or obstruction, the Public Officer shall initiate a proceeding for the penalty herein provided and, in addition thereto, may cause said encroachment or obstructions to be removed. In that event, the cost of such removal shall be certified to the Collector of Taxes, and shall be a municipal lien upon the real property against which such cost was incurred.
§ 204-37. Relation of article to other ordinances.
Nothing in this article shall be construed to abrogate or impair the powers of any department of the Borough of Mountain Lakes to enforce any provisions of its ordinances or regulations, nor to prevent or punish violations thereof; and the powers conferred by this article shall be in addition and supplemental to the powers conferred by any other ordinance of the Borough of Mountain Lakes.
§ 204-38. Violations and penalties.
Any person(s) who is found to be in violation of the provisions of this article shall be subject to a fine not to exceed $1,000, imprisonment for a term not to exceed 90 days or community service for up to 90 days, or any combination thereof, for each and every violation. If the violation is of continuing nature, each and every day during which it continues constitutes a separate and distinct offense.
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 December 9, 2013.
Mr. Tovo said that most municipalities have an Ordinance of this nature and that this Ordinance has already been reviewed with the DPW Sub-Committee. He explained that for years, the Borough has incurred the expense of repairing Borough equipment damaged by items residents have placed in the rights of way, for example, dog fences and irrigation systems. In addition, the Borough receives numerous complaints each year from residents regarding damaged items and subsequent requests for replacement at the Borough’s expense. In actuality, the Borough holds no responsibility for replacement or repair, since any personal property placed in the right of way is done so at risk.
Councilman Lester suggested adding the definition of “Row” and “Planting Belt” to the schedule.
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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. ORDINANCE 07-13
ORDINANCE AMENDING CHAPTER 111 OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF MOUNTAIN LAKES ENTITLED FEES
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 111, Section 111-3 entitled “Fee Schedules,” shall be amended to read in its entirety as follows:
§ 111-3. Fee Schedules. The following fees shall be charged by the Borough for services rendered or licenses or permits issued. All license fees shall be annual, unless otherwise noted.
A. Borough Clerk Fee Code
Reference
(1) Amusement devices, each $100.00 75-5
machine
(2) Animals:
Cat License: 79-18A
Neutered or Spayed $17.00
Unneutered or Unspayed $20.00
Late Charge $25.00
Replacement Tag $5.00 79-18B
Dog License:
Neutered or spayed $17.00
Unneutered or Unspayed $20.00
Late Charge $25.00
Replacement Tag $5.00
Kennel license: $10 or State Fee 79-9D
Maintenance, per day Fee set by 79-5B
Contract
Pet Shop License $25.00 79-9D
Recovery, each incident Fee set by Contract 79-5B
(3) Lake encroachment permit $150.00 137-3
(new construction)
(4) Parking
The fees for parking at the Railroad Station are as follows:
Annual permit:
Per motor vehicle owned by $25 229-4D
Borough Resident or by owner or
employee of business located in
Borough, provided that
employee status, as such, is
certified by owner
Per motor vehicle owned by a $100
non-Borough resident
Daily permit: 229-4J
Resident $5.00
Nonresident $10.00
A. Borough Clerk Fee Code
Reference
Romaine Parking Area 229-4I
Annual permit per motor vehicle $25
owned by Borough resident or
by owner of employee of
business, provided that
employee status, as such, is
certified by the owner
Fee for replacement of any
parking sticker $5.00 229-4F
(5) Peddlers and solicitors: 177-4
Licensing processing, per year $100.00
(6) Raffle License
*The fee for a raffle license shall be the maximum fee authorized by the State of New
Jersey
B. Construction Code Fee Code
Reference
(1) New structure fees:
All use groups
Volume of building Cubic feet x $0.07=Volume fee
(2) Renovations, alterations, repairs
and minor work
Estimated cost up to $50,000 per $20.00
$1,000
Portion of cost over $50,000.00 $12.00
per $1,000.00
For combination of work
involving new structures and
existing structure work, the sum
of the fees are computed
separately as
renovations/alterations/repairs
and volume fees.
Abandonment of storage tanks $75.00
up to 550 gallons for R3/R4
Over 550 gallons $100.00
Installation of underground or $75.00
above ground storage tanks
Minimum Fee $75.00
B. Construction Code Fee Code
Reference
(3) Plumbing fees:
Total number of fixtures, per $15.00
fixture
Total number of special devices $15.00
Editor’s Note: Special devices
include grease traps, oil separator,
refrigeration units, utility service
connections, backflow preventers,
steam boilers, hot water boilers,
active solar systems, sewer pumps,
interceptors., per device
Minimum fee $75.00
(4) Electrical Fees:
Electrical fixtures and devices, $75.00
first 50
Increments of 25 additional $12.00
fixtures and devices Editor’s Note:
Fixtures and devices to be counted
for these items include lighting
outlets, wall switches, smoke
detectors, fluorescent fixtures,
convenience receptacles or similar
fixtures and motors or devices of
one horsepower (hp) or one
kilowatt (kw) or less.
For calculating the following
electrical fees, all motors except
those plug-in appliances shall be
counted, including control,
equipment, generators,
transformers and all heating,
cooking or other devices
consuming or generating
electrical current
For each motor or electrical $20.00
device greater than on hp and
less than or equal to 10 hp and
for transformers and generators
greater than 1kw and less than or
equal to 10 kw
For each motor or electrical $50.00
device greater than 10 hp and less
than or equal to 50 hp for each
service panel, service entrance or
subpanel less than or equal to
200 amperes, and for all
transformers and generators
greater than 10 kw and for each
utility load management device
B. Construction Code Fee Code
Reference
For each motor or electrical $92.00
device greater than 50 hp and
less than or equal to 100 hp, for
each service panel, service
entrance or subpanel greater
than or equal to 400 amperes
and for all the transformers and
generators greater than 45 kw
and less than or equal to 112.5 kw
For each motor or electrical $457.00
device greater than 100 hp, for
each service panel, service
entrance or subpanel greater
than 1,000 amperes, and for each
transformer or generator greater
than 112.5 kw
(5) Asbestos abatement fee:
Abatement fee $70.00
Plus certificate of occupancy $14.00
(6) Standpipe fee:
Each standpipe $229.00
(7) Variation:
Variation granted:
Residential purposes $65.00
Commercial purposes $100.00
(8) Lead hazard abatement
Lead abatement $140.00
Lead abatement clearance $28.00
certificate
(9) Miscellaneous fees:
For cross connections, backflow $75.00
preventors, public swimming
pools, spas and hot tubs that are
subject to testing and require
annual inspections
All suspension of permits
pursuant to N.J.A.C. 5:23-2.16(b)
will not be refunded in whole or
in part.
B. Construction Code Fee Code
Reference
Replacement of residential one- $75.00
and two-family dwelling
mechanical equipment
Installation of aboveground $200.00
swimming pools
(10) State training fees:
Fees shall be pursuant too
current regulations of N.J.A.C
5:23-4.19
(11) Engineering fees:
Engineering review $200.00
(12) Fire Equipment and hazardous equipment:
Smoke detectors, heat detectors and carbon monoxide detectors:
1 to 10 $35.00
Sprinkler heads:
1 to 20 $65.00
21 to 100 $120.00
101 to 200 $229.00
201 to 400 $594.00
Over 400 $900.00
Independent pre-engineered $92.00
systems, per system
Gas- or oil-fired appliance $46.00
which is not connected to
plumbing system, per appliance
Kitchen exhaust system $50.00
Incinerators, per incinerator $65.00
Crematoriums, per $365.00
crematorium
Minimum fee $75.00
(13) Demolition or removal permits:
For a structure less than 5,000 $500.00
square feet in area and less
30 feet in height, or for one-and
two-family residences (R-3, R-4 use)
All other structures $1000.00
B. Construction Code Fee Code
Reference
(14) Signs:
Per square foot of sign $2.00
Double-face signs fee will
be based on one side of face
(15) Certificate of occupancy fees:
Additions $50.00
New Construction $200.00
New Commercial $250.00
(16) Research that entails extraordinary effort on $25.00 per hour
behalf of the public agency
C. Department of Public Works Fee Code
Reference
(1) Curb lowering permit $25.00 204-25B
(2) Driveway or private road construction permit $25.00
(3) Sewer connection permits: 191-10B
Residential and commercial, $50.00 191-13C
includes inspection
Industrial waste produced $100.00
(4) Sewer connection fee: 191-13C
Per Dwelling Unit $5,000.00
(5) Water service fees: 237-9
Turning water on $50.00
Turning water off $50.00
Remove Meter $50.00
Set meter, 5/8 inch or ¾ inch, $300.00
includes meter
Set meter, one inch or larger, $350.00
plus meter
Special Meter reading $50.00 237-8
Test Meter $50.00
Testing fire-protection No Fee 237-3E
apparatus
Temporary water service to new $60.00
construction, renewable after 60 days
Hydrant standby
C. Department of Public Works Fee Code
Reference
Meter deposit, service outside $100.00
Borough limits, deposit to be
returned when service is
discontinued, meter returned,
all outstanding charged paid in full
Pit meter installation $150.00
Water connection fee, per dwelling unit
1 inch or smaller $2,000.00
1 ½ inch or larger $3,000.00
(6) Water rates (effective July 1, 2007)
Water Meters per 100 Cubic Feet
Residential:
Up to 1600CF $2.35
From 1601 CF to 3000 CF $2.46
From 3001 CF to 5000 CF $2.53
From 5001 CF to 8000 CF $2.65
From 8001 CF to 10000 CF $2.75
From 10001 CF and Above $2.90
Commercial/Industrial:
Up to 1600CF $2.50
From 1601 CF to 3000 CF $2.72
From 3001 CF to 5000 CF $2.85
From 5001 CF to 8000 CF $3.20
From 8001 CF to 10000 CF $3.50
From 10001 CF and Above $3.80
Sprinkler Meters per 100 Cubic Feet
Residential:
Up to 1600CF $3.00
From 1601 CF to 3000 CF $3.54
From 3001 CF to 5000 CF $3.88
From 5001 CF to 8000 CF $4.16
From 8001 CF to 10000 CF $5.10
From 10001 CF and Above $6.56
Commercial:
Up to 1600CF $3.25
From 1601 CF to 3000 CF $3.79
From 3001 CF to 5000 CF $4.13
From 5001 CF to 8000 CF $4.42
From 8001 CF to 10000 CF $5.24
From 10001 CF and Above $6.80
Minimum charges, pro rata when meter is connected for less than a quarter
C. Department of Public Works Fee Code
Reference
Residential water meter $37.60 per quarter
Residential sprinkler meter $48.00* per quarter
Commercial water meter $40.00 per quarter
Commercial sprinkler meter $52.00* per quarter
*Sprinkler meters are billed only 2nd and 3rd quarters
Pavement replacement, per square yard $15.00
Sprinkler standby rental, per quarter $25.00
Late charge on delinquent water bills 8%
(7) Sewer
Rate per 100 gallons Minimum Fee
Residential 0.53141 63.60
Commercial/Industrial 0.57653 69.00
Base sewer rates based on water usage by water meter.
*Pro rata when meter is connected for less than a quarter
Late charge on delinquent sewer bills 8%
(8) Solid waste rates:
(a) Bag charges for garbage
collection (sold in quantities of 10)
15 gallon capacity $12.50
30 gallon capacity $25.00
(b) Garbage and recycling
collection base rate, per quarter
for nonresident
Trash day charges:
(a) Car $20.00
(b) Station wagon, minivan, $30.00
small SUV
(c) Large SUV, small pickup $40.00
(d) Large pickup, full-size van $60.00
(e) Exterior items $20.00
(f) Trailer (“U-Haul” type):
5 feet x 5 feet x4 feet $100.00
10 feet x 6 feet x 6 feet $350.00
20 feet x 6 feet x 6 feet $700.00
22 feet x 6 feet x 6 feet $1,400.00
24 feet x 8 feet x 8 feet $1,500.00
· An additional fee of $10 will be charged for trash that extends beyond the vehicle interior and /or is attached to the exterior of the vehicle.
Late penalty on delinquent garbage/recycling bill per quarter or part thereof: 8%
C. Department of Public Works Fee Code
Reference
(9) Street opening, driveway $100.00 204-8
connection or curb opening permit
*In addition to the fee for a
street opening permit, there
shall be an additional fee
charged for street openings
which occur earlier than five
years from completion of the
street improvement as follows:
(a) During the first year $1,000.00
following completion of
street improvement
(b) During the second year $900.00
following completion of
street improvement
(c) During the third year $800.00
following completion of
street improvement
(d) During the fourth year $700.00
following completion of
street improvement
(e) During the fifth year $600.00
following completion of
street improvement
(10) Soil erosion and sediment control certification fees shall be as follows:
Individual single-family $200.00 per project
residential projects
Residential subdivisions $500.00 base fee plus
$100.00 per lot
Residential developments $1000.00 base fee plus
and site plans $50.00 per dwelling unit
Nonresidential $1000.00 base fee plus
development and site plans $100.00 per acre
D. Alcoholic beverages Fee Code
Reference
Club License $188.00 71-3D
Plenary retail consumption license $2,500.00
Plenary retail distribution license $2,148.00
Liquor Permit (one day) 71-3D
Civic, religious or educational $50.00
organization
All other organizations $75.00
E. (Reserved) Editor’s Note: Former Subsection E, recreational facilities, as amended, was repealed 10-24-2005 by Ord. No. 18-05. Said fees are no established by the Recreation Commission and are on file in the Borough offices.
F. Soil Moving Fee Code
Reference
(1) Minor soil moving permit $100.00
(2) Major soil moving permit $300.00
Soil Moving Escrow $1250.00
G. Planning Board Fee Code
Reference
40-32
(1) Minor subdivision $350.00
(2) Major subdivision
(a) Preliminary plat $600.00
Additional fee, each lot $100.00
Resubmission within one year, 50% of original fee
Minimum fee $500.00
(b) Final plat $300.00
Additional fee, each lot $75.00
(c) Engineering inspection, $200.00
Plus % of cost of improvements 5%
(d) Additional fee for variance $250.00 per variance
per application
(3) Site plan
(a) Basic $300.00
(b) Per 1,000 square feet of land $5.00
(c) Per 1,000 square feet of building $50.00
floor area
(d) Resubmission within one year, 50%
of original fee
Minimum Fee $200.00
(e) Engineering inspection, plus $200.00
Plus % of cost improvements 4%
(f) Amended Site Plan 50 % of Original Fee
(4) Conditional use or change in use
Application $400.00
G. Planning Board Fee Code Reference
(5) Escrow Fees 40-33
Residential subdivision $2500.00
Residential Site Plan $750.00
Non-residential Subdivision $4000.00
Non-residential Site Plan $2500.00
Variance $500.00 per variance
Review and/or testimony by
outside consultants or experts $2,000.00
(6) Compiled and certified list of $10.00
property owners in Borough
(7) When the applicant request that an application be carried to another meeting,
there shall be an additional charge of 10% of the particular fee paid
(8) Research that entails extraordinary $25.00
effort on behalf of the public agency
H. Zoning Board of Adjustment Fee Code
Reference
(1) Appeals $250.00 40-32
(2) C Variances [N.J.S.A. 40:55D-70©]
For structural additions and altercations
to the principle
structure $250.00 per variance
(3) C Variances [N.J.S.A. 40:55D-70(c)] For
non-structural additions or alterations
to the principle structure such as decks,
patios, compressor, etc. $150.00 per variance
(4) D Variances [N.J.S.A. 40:55D-70(d)
(1)(2)(3)] $500 per variance
(5) D Variances [N.J.S.A. 40:55D-70(d)
(4)(5)(6)] $250 per variance
(6) Interpretations $250.00
(7) Issuance of Permit
[N.J.S.A.40:55D-34] $250.00
(8) Escrow fees
(a) D Variances [N.J.S.A. 40:55D-70 $1000.00 40-33
(d)(1)(2)(3)]
(b) Review and/or outside consultants $2000.00
or experts
(c) Residential subdivision $2500.00
Residential Site Plan $750.00
Non-residential Subdivision $4000.00
Non-residential Site Plan $2500.00
H. Zoning Board of Adjustment Fee Code
Reference
(9) Subdivision, Site Plan, or Conditional Same as Planning Bd Fees
Use Approval Pursuant to code 40-21A(7) Code 111-3G
(10) Compiled and certified list of property $10.00 40.36
owners in Borough
(11) Research that entails extraordinary $25.00
effort on behalf of the public agency
I. Board of Health Fee Code
Reference
(1) Retail food establishment: 268-4B
For each premises or establishment
licensed, or approval of existing permit:
Non-restaurant establishments $75.00
where food items are sold
Institutions $75.00
Temporary establishments $50.00
Restaurants
1-99 Seats $100.00
100 + Seats $125.00
Food Plan Review $100.00
Late Fee $25.00
if not renewed by June 30th
(2) Individual and semipublic water supply: 307-4D
Filing application and plans for permit $100.00
to locate and construct a water supply
Filing application and plans for a permit to
alter an existing water supply $100.00
Issuance of permit to locate and construct
or alter a water supply $50.00
Each reinspection of a water supply or part
thereof caused by the failure of the
permittee to locate and construction the same
in accordance with the terms of the permit
issued or the terms of the code $50.00
I. Board of Health Fee Code
Reference
(3) Individual sewage disposal: 290-4D
Filing application and plans for a permit $100.00
to locate and construct an individual
sewage disposal system
issuance of a license and permit to locate $100.00
and construct an individual sewage disposal
system of for issuance of a license and permit
to located and construct or alter an individual
sewage disposal system
Each reinspection of an individual sewage $50.00
disposal system or part thereof caused by
the failure of permittee to locate and construct
or alter same in accordance with the terms
of the permit issued or the terms of the code
Issuance or renewal of a license to a person $100.00
or corporation engaged in the business of
cleaning or emptying receptacles for the
reception and storage of human excrement
or other putrescible material, each vehicle
or conveyance
Issuance of a permit to clean or empty any $100.00
receptacle used for the reception or
storage of human excrement or other
putrescible matter
(4) Garbage, ashes and rubbish license, $100.00 294-2C
per operator
(5) Keeping of animals or poultry $25.00 257-3B
(6) Miscellaneous:
Vital Statistics
Certified copy of birth, death,
marriage, and civil union record
1-10 copies $15.00 each
11-20 copies $5.00 each
21 + copies $2.50 each
Marriage or civil union license $28.00
($25 to state, $3 to Borough)
Burial or removal permit $1.00
Transit Permit $1.00
Returned Check Fee $20.00
Postage and handling charges:
Letters and certificates $1.00
Booklets and pamphlets $3.00
Bulky Items $5.00 or cost
Water reading/sale of property $20.00
J. Copies of documents Fee Code
Reference
(1) Master Plan $30.00
(2) Land Use Ordinances $30.00
(3) Tax map, per sheet $5.00
(4) Natural Resources Inventory $2.00
(5) Miscellaneous copies Fees for copies shall be the maximum authorized by the State of New Jersey.
(6) Special service charges
(a) Where the nature, format,
manner of collation or volume
of printed matter is such that it
cannot be reproduced by ordinary
document copying equipment in
ordinary business size or where
such record required an
extraordinary expenditure or time
and effort to accommodate a
request for inspection or copying
of documents, a special service
charge shall be imposed, in
addition to the actual costs of
duplicating the record. A special
service charge will also be applies
with the custodian changes the
medium in which the record is
normally kept in order to comply
with the request.
(b) the special service charge shall be
paid to the Borough of Mountain
Lakes at the following rates:
[1] For all services performed by
employees of the Borough,
the actual hourly rate of
compensation for each clerical
and supervisory employee
performing the service plus the
copying or reproduction cost
and actual mailing cost, when
applicable.
[2] Postage will be added to the
fee for records requested by
mail.
[3] All fees must be paid prior to
the release of any copies.
The custodian of the records
may require a deposit of all
part of the fee prior to
copying or producing any
documents for inspection
where it is estimated that
the records requested will
cost in excess of $5.00 to
reproduce.
J. Copies of documents Fee Code
Reference
(c) For reasons of security, the use of
a floppy disk, CD, videotape or
audiotape provided by the
requestor is prohibited. All
electronic reproduction materials
shall be supplies by the Borough of
Mountain Lakes.
(d) If the request for access to a
government record would
substantially disrupt municipal
operation, the custodian of the
records may deny access to the
record after attempting to reach a
reasonable solution with the
requestor that accommodates the
interests of the requestor and the
municipality.
(e) In the event that the requestor of the
documents objects to any charges
permitted by this chapter and no
resolution of the objection may be
reasonably accomplished, the
custodian of records shall not incur
any charges on behalf of the Borough
to fulfill the document request.
(f) Nothing in this section or any other
ordinance of the borough shall be
constructed as requiring the Borough
of Mountain Lakes to furnish copies
of any privileged documents or other
documents which have been determined
to be exempt from the requirements of
Open Public Records Act or otherwise
nondisclosable in accordance with any
provision of law.
K. Uniform Fire Safety Code Fee Code
Reference
Permit
Type 1 $42.00
Type 2 $166.00
Type 3 $331.00
Type 4 $497.00
Blasting Permit $250.00
Certificate of compliance for $100.00
residential smoke alarms and
carbon monoxide alarms
Non-life hazard uses
0 - 2,000 square feet in area $35.00
2,001 – 5,000 square feet in area $50.00
5,001 – 10,000 square feet in area $150.00
10,001 plus square feet in area $200.00
L. Zoning When review by the Zoning Officer is necessary in connection with the issuance of a permit, there shall be a zoning review of $35 added to the permit fee. When professional engineering review is required in conjunction with the issuance of a zoning permit, the applicant shall post an engineering escrow of $300, which shall be used to pay for engineering review. This escrow shall be replenished, if necessary, to complete the engineering review.
M. Police Vehicle Use for Outside Details $100.00 Per Day
Police Outside Duty Administrative Fee for Processing 15% of Total Cost
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 December 9, 2013.
Mr. Tovo said that he and the Borough’s Department Heads reviewed the entire fee schedule, which was last done between four and six (4-6) years ago. He said he recommended fee changes based on the following criteria: cost of the actual operation, consistency with fees charged by other municipalities, surplus available, and reflection of work or time spent on project or permits. If the Ordinance is passed, changes to the fees will take effect December 31, 2013.
Mr. Tovo reported that water and sewer fees are the biggest issues faced by the Borough as the current sewer rates do not support the operating costs, including a major increase in sewer fees from the Township of Parsippany-Troy Hills. Mr. Tovo said he and the Finance Advisory Committee had decided to continue to review the water rates and therefore he was not recommending any changes until 2014. He was, however, recommending a twenty-five percent (25%) increase in sewer fees. Mr. Tovo said that if the sewer rates were raised as recommended, he felt that no additional sewer rate increase would be likely for at least three (3) years.
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10. ORDINANCE 08-13
ORDINANCE GRANTING MUNICIPAL CONSENT FOR THE OPERATION OF A CABLE TELEVISION SYSTEM WITHIN THE BOROUGH OFMOUNTAIN LAKES, NEW JERSEY TO CSC TKR, LLC d/b/a CABLEVISION OF MORRIS
WHEREAS, the governing body of the Borough of Mountain Lakes (hereinafter referred to as the “Borough”) determined that CSC TKR, LLC d/b/a Cablevision of Morris, (hereinafter referred to as “the Company” or “Cablevision”) had the technical competence and general fitness to operate a cable television system in the Borough, and by prior ordinance granted its municipal consent for Cablevision to obtain a non-exclusive franchise (the “Franchise”) for the placement of facilities and the establishment of a cable television system in the Borough; and
WHEREAS, by application for renewal consent filed with the Borough and the Office of Cable Television on or about June 5, 2013, Cablevision has sought a renewal of the Franchise; and
WHEREAS, the Borough having held public hearings has made due inquiry to review Cablevision’s performance under the Franchise, and to identify the Borough‘s future cable-related needs and interests and has concluded that Cablevision has substantially complied with its obligations under the Franchise and applicable law and has committed to certain undertakings responsive to the Borough’s future cable-related needs and interests;
WHEREAS, the governing body of the Borough has accordingly concluded that the consent should be renewed subject to the requirements set forth below; and that, provided Cablevision’s proposal for renewal embodies the commitments set forth below, the Borough’s municipal consent to the renewal of the Franchise should be given; and
WHEREAS, imposition of the same burdens and costs on other competitors franchised by the Borough is a basic assumption of the parties;
NOW THEREFORE, BE IT ORDAINED by the Borough Council of the Borough of Mountain Lakes, County of Morris, and State of New Jersey, as follows:
For the purpose of this Ordinance the terms defined above shall have the meanings there indicated, and the following additional terms shall have the following meanings:
(a) “Act” or “Cable Television Act” shall mean that statute of the State of New Jersey relating to cable television, known as the Cable Television Act, N.J.S.A. 48:5A-1 et seq.
(b) “Application” shall mean Cablevision’s application for Renewal of Municipal Consent, which application is on file in the Borough Clerk’s office and is incorporated herein by reference and made a part hereof, except as modified, changed, limited or altered by this Ordinance.
(c) “Board” shall mean the Board of Public Utilities of the State of New Jersey or its successor agency.
(d) “Borough” shall mean the governing body of the Borough of Mountain Lakes in the County of Morris, and the State of New Jersey.
(e) “Company” shall mean CSC TKR, LLC d/b/a Cablevision of Morris (“Cablevision”) the grantee of rights under this Ordinance.
(f) “FCC” shall mean the Federal Communications Commission.
(g) “Federal Act” shall mean that federal statute relating to cable communications commonly known as the Cable Communications Policy Act of 1984, 47 U.S.C. Section 521 et seq. and the Telecommunications Act of 1996, or as those statutes may be amended.
(h) “Federal Regulations” shall mean those federal regulations relating to cable television services, 47 C.F.R. Section 76.1 et seq. (and, to the extent applicable, any other federal rules and regulations relating to cable television, including but not limited to, those described in 47 C.F.R. Section 76.3), or as such regulations may be amended.
(i) “Standard installation” shall mean the installation of drop cable to a customer’s premise where the distance from the point of entry into the building being served is less than 150 feet from the active cable television system plant.
(j) “State” shall mean the State of New Jersey.
(k) “State Regulations” shall mean those regulations of the State of New Jersey Board of Public Utilities relating to cable television. N.J.A.C. 14:17-1.1 et seq. and N.J.A.C. 14:18-1 et seq., or as such regulations may be amended.
A public hearing concerning the consent herein granted to Cablevision was held after proper public notice pursuant to the terms and conditions of the Act. Said hearing having been held and fully open to the public, and the municipality having received all comments regarding the qualifications of Cablevision to receive this consent, the Borough hereby finds Cablevision possesses the necessary legal, technical, character, financial and other qualifications to support municipal consent, and that Cablevision’s operating and construction arrangements are adequate and feasible.
The Borough hereby grants to Cablevision its non-exclusive consent to place in, upon, along, across, above, over, and under its highways, streets, alleys, sidewalks, public ways, and public places in the municipality poles, wires, cables, and fixtures necessary for the maintenance and operation in the Borough of a cable television system or other communications facility, and for the provision of any communication service over such facilities. Operation and construction, pursuant to said consent, is conditioned upon prior approval of the Board of Public Utilities.
This consent granted herein shall be non-exclusive and shall be for a term of fifteen (15) years from the date of issuance of a Certificate of Approval by the Board.
If Cablevision seeks successive consent, it shall, prior to the expiration of this consent, apply for a municipal consent and certificate of approval in accordance with N.J.S.A 48:5A-16, and applicable state and federal rules and regulations. In accordance with N.J.S.A. 48:5A-25.1, both the Borough and Cablevision shall be bound by the terms of this municipal consent until such time as Cablevision converts the municipal consent (and any certificate of approval) into a system-wide franchise.
The consent granted under this Ordinance to Cablevision shall apply to the entirety of the Borough and any property hereafter annexed.
Cablevision shall be required to proffer video programming service along any public right-of-way to any person’s residence within the portion of the Franchise territory, as described in the Application for municipal consent, at Cablevision’s schedule of rates for standard and nonstandard installation.
SECTION 8. EXTENSION OF SERVICE
Commercial and residential entities will be proffered service in accordance with the Company’s line extension policy as identified in the Application.
Pursuant to the terms and conditions of the Cable Television Act, Cablevision shall pay to the Borough, as an annual franchise fee, a sum equal to two (2%) percent of the actual gross revenues received from all recurring charges in the nature of subscription fees paid by subscribers for its cable television reception services in the Borough. In the event applicable law hereinafter permits a larger franchise fee to be collected, but does not fix the amount thereof, the Borough and Cablevision shall negotiate in good faith with respect to the amount thereof; provided, however, that nothing herein shall be construed to permit the Borough to require payment of a franchise fee by Cablevision that is higher than the fee paid by all other cable television service providers offering service in the Municipality.
Cablevision shall, upon written request, provide free of charge, one (1) standard installation and monthly cable television reception service to all State or locally accredited public schools and all municipal public libraries, as well as municipal buildings located within the Borough.
Upon written request from the Borough, the Company shall provide to state and locally accredited elementary and secondary schools and municipal public libraries in the Borough, without charge, the following: (1) one standard installation per school or library; (2) one cable modem per installation; and, (3) basic cable modem service for the term of this Ordinance for each installation. This offer shall be subject to the terms, conditions and use policies of the Company, as those policies may exist from time to time.
Cablevision shall perform construction and installation of its plant and facilities in accordance with applicable State and federal law. The Company shall be subject to the following additional construction requirements with respect to the installation of its cable plant and facilities in the Borough:
(a) In the event that the Company or its agents shall disturb any pavement, street surfaces, sidewalks, driveways or other surfaces, the Company shall at its sole expense restore and replace such disturbances in as good a condition as existed prior to the commencement of said work.
(b) If at any time during the period of this consent, the municipality shall alter or change the grade of any street, alley or other way or place, the Company, upon reasonable notice by the Borough shall remove or relocate its equipment, at its own expense.
(c) Upon request of a person holding a building or moving permit issued by the Borough, the Company shall temporarily move or remove appropriate parts of its facilities so as to permit the moving or erection of buildings or for the performance of other work. The expense of any such temporary removal or relocation shall be paid in advance to the Company by the person requesting the same. In such cases, the Company shall be given not less than fourteen (14) days prior written notice in order to arrange for the changes required.
(d) During the exercise of its rights and privileges under this consent, the Company shall have the authority to trim trees upon and overhanging streets, alleys, sidewalks and public places of the Borough so as to prevent the branches of such trees from coming in contact with the wires, cables, conduits and fixtures of the Company. Such trimming shall be only to the extent necessary to maintain proper clearance for the Company’s facilities.
Cablevision shall comply with the technical and customer service standards established for the cable industry under applicable federal and State laws, rules and regulations.
Cablevision shall establish and maintain during the entire term of this consent a local area business office or agent for the purpose of receiving, investigating and resolving complaints regarding the quality of service, equipment malfunctions and similar matters. Said office shall be open daily during normal business hours, and in no event less than 9:00 a.m. to 5:00 p.m., Monday through Friday, with the exception of holidays.
The Office of Cable Television is hereby designated as the complaint officer for the Township pursuant to the provisions of N.J.S.A. 48:5A-26. All complaints shall be reviewed and processed in accordance with N.J.A.C. 14:17-6.5.
Cablevision agrees to maintain and keep in force and effect at its sole cost at all times during the term of this consent, sufficient commercial general liability insurance naming the Borough as an additional insured and insuring against loss by any such claim, suit, judgment, execution or demand in the minimum amounts of one million dollars ($1,000,000) for bodily injury or death per occurrence stemming from or arising out of the Company’s exercise of its rights hereunder. The Company shall also maintain an excess liability policy in the amount of five million dollars ($5,000,000).
Cablevision shall indemnify, protect and save the Borough harmless from and
against losses and physical damages to property, including those properties owned or under the control of the Borough, and bodily injury or death of persons, including payments made under any worker’s compensation law, which may arise out of or be caused by the actions of the Company, its agents or employees in connection with the construction, location, installation, operation, erection, maintenance, repair, replacement, removal or use of the cable television system within the Borough as contemplated by this franchise; provided, however, that the Company shall not be required to indemnify, protect and save harmless for any losses and physical damages and bodily injury or death of persons which may arise out of or be caused by the negligent acts or omissions, and/or willful misconduct of the Borough, its agents or employees.
Cablevision shall obtain and maintain, at its sole cost and expense, during the entire term of this Agreement, a bond to the municipality in the amount of twenty-five thousand dollars ($25,000.00). Such bond shall be to insure the faithful performance of its obligations as provided in this Franchise.
A. The rates of the Company for cable television service shall be subject to regulation to the extent permitted by federal and State law.
B. Cablevision shall continue to provide a senior citizen discount in the amount of ten percent (10%) off the monthly broadcast basic level of cable television service rate to any person sixty-two (62) years of age or older, who subscribes to cable television services provided by the Company, subject to the following:
(i) Such discount shall only be available to eligible senior citizens who do not share
the subscription with more than one person in the same household who is less than sixty-two (62) years of age; and,
(ii) In accordance with N.J.S.A. 48:5A-11.2, subscribers seeking eligibility for the
discount must meet the income and residence requirements of the Pharmaceutical Assistance to the Aged and Disabled program pursuant to N.J.S.A. 30:4D-21; and,
(iii) The senior discount herein relates only to the broadcast basic level of cable
television service, and shall not apply to any additional service, feature, or equipment offered by the Company, including any premium channel services and pay-per-view services; and,
(iv) Senior citizens who subscribe to a level of cable television service beyond
expanded basic service, including any premium or per channel a la carte service, shall not be eligible for the discount; and,
C. The Company shall have no further obligation to provide the senior discount herein in the event that (a) the Company converts the municipal consent granted herein to a system-wide franchise in accordance with N.J.S.A. 48:5A-25.1; or (b) upon Board approval of a certification that another cable television service provider offering services to residents of the Borough files, in accordance with N.J.S.A. 48:5A-30(d), is capable of serving sixty percent (60%) or more of the households within the Borough. In the event the Company does cease providing a senior discount pursuant to this provision, it shall comply with all notice requirements of applicable law.
Cablevision shall be required to have the capability to override the audio portion of the system in order to permit the broadcasting of emergency messages by the Borough pursuant to state and federal requirements. The Company shall in no way be held liable for any injury suffered by the Borough or any other person, during an emergency, if for any reason the municipality is unable to make full use of the cable television system as contemplated herein. The Borough shall utilize the state-approved procedures for such emergency uses.
In the event that the service of another multi-channel video program provider not subject to the Borough’s regulatory authority within the Borough creates a significant competitive disadvantage to Cablevision, the Company shall have the right to request from the Borough lawful amendments to its Franchise that relieve it of burdens which create the unfair competitive situation. Should the Company seek such amendments to its Franchise, the parties agree to negotiate in good-faith appropriate changes to the Franchise in order to relieve the Company of such competitive disadvantages. If the parties can reach an agreement on such terms, the Borough agrees to support the Company's petition to the Board for modification of the consent in accordance with N.J.S.A 48:5A-47 and N.J.A.C. 14:17-6.7.
If the parties are unable to reach an agreement on appropriate amendments to the franchise, the Borough acknowledges that the Company shall have the right to petition the Board directly for such amendments in accordance with N.J.S.A. 48:5A-47 and N.J.A.C. 14:17-6.7; provided, however, the Borough shall be under no obligation to support Cablevision's request for such relief from the Board.
In any subsequent municipal consent, Borough shall require, at a minimum, the same terms and conditions of any other provider of multi-channel video programming subject to the Borough’s regulatory authority as those contained in the instant consent. In the event such subsequent consent does not contain the same terms and conditions as the instant consent, Borough agrees to support the Company's petition to the Board for modification of the consent in accordance with NJSA 48:5A-47 and NJAC 14:17-6.7 to relieve the Company of competitive disadvantages identified in the Company's petition.
Upon expiration, termination or revocation of this Ordinance, Cablevision at its sole cost and expense and upon direction of the Board, shall remove the cables and appurtenant devices constructed or maintained in connection with the cable services authorized herein, unless Cablevision, its affiliated entities or assignees should, within six (6) months after such expiration, termination or revocation obtain certification from the FCC to operate an open video system or any other federal or state certification to provide telecommunications.
A. Cablevision shall continue to make available non-commercial public, educational and governmental (PEG) access services available to the residents of the Borough as described in the Application for municipal consent. All Cablevision support for PEG access shall be for the exclusive benefit of Cablevision’s subscribers.
B. The Borough agrees that Cablevision shall retain the right to use the PEG access channel, or portion thereof, for non-PEG access programming, during times when the Borough is not utilizing the channel for purposes of providing PEG access programming. In the event that the Company uses said PEG access channel for the presentation of such other programming, the PEG programming shall remain the priority use and the Company’s rights with respect to using the channel for non-PEG programming shall be subordinate to the Borough’s provision of PEG access programming on such channel.
C. Cablevision shall have discretion to determine the format and method of transmission of the PEG access programming provided for in this Section 21.
D. Cablevision shall provide the Borough with a one-time PEG grant of up to seventeen thousand dollars ($17,000.00) payable as follows: (1) an initial grant payment of three thousand dollars ($3,000.00) within 90 days of the issuance of the Certificate of Approval by the Board of Public Utilities (the “Initial Grant”); and (2) a grant up to fourteen thousand dollars ($14,000.00) provided in annual installments of one thousand dollars ($1,000.00) each, upon written request by the Borough (the “Annual Grant). Each installment of the Annual Grant shall be payable to the Borough annually during the term of this Franchise, within ninety (90) days from receipt of the Borough’s written request. Cablevision shall not be obligated to make any additional payments beyond year fifteen of the franchise term.
E. The Borough agrees that the Initial Grant and the Annual Grant provided pursuant to Paragraph D shall be used by the Borough for any cable and/or other telecommunications related purpose and/or for the exclusive support of PEG access programming, such as the purchase and/or rental of PEG access equipment and facilities. On request, the Borough shall provide Cablevision with a certification of compliance with this Section 21(E).
F. Upon written request by the Borough, Cablevision shall install a fiber return line to a municipally designated facility provided it is a standard installation, to enable the Borough to provide PEG access programming.
G. The Company shall have no further obligation to provide any PEG grant payments due and payable after the date upon which the Company converts the municipal consent granted herein to a system-wide franchise in accordance with N.J.S.A. 48:5A-25.1.
All of the commitments contained in the Application and any amendment thereto submitted in writing to the Borough by the Company except as modified herein, are binding upon Cablevision as terms and conditions of this consent. The Application and any other written amendments thereto submitted by Cablevision in connection with this consent are incorporated in this Ordinance by reference and made a part hereof, except as specifically modified, changed, limited, or altered by this Ordinance, or to the extent that they conflict with State or federal law.
This consent shall be construed in a manner consistent with all applicable federal, State and local laws; as such laws, rules and regulations may be amended from time to time.
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portion thereof.
Notices required under this Ordinance shall in writing and shall be mailed, first class, postage prepaid, to the addresses below. Either party may change the place where notice is to be given by providing such change in writing at least thirty (30) days prior to the time such change becomes effective. The time to respond to notices under this Ordinance shall run from receipt of such written notice.
Notices to the Company shall be mailed to:
Cablevision
Systems Corporation
111 Stewart Avenue
Bethpage, NY 11714
Attention: Vice President for Government/Public Affairs, New Jersey
With a copy to:
CSC
TKR, LLC
1111 Stewart Avenue
Bethpage, NY 11714
Attention: Legal Department
Notices to the Borough shall be mailed to:
Borough of Mountain Lakes
400
Boulevard
Mountain Lakes, New Jersey 07046
Attention: Borough Administrator
This Ordinance shall take effect upon issuance of a Certificate of Approval as issued by the Board of Public Utilities that incorporates the material terms of this Ordinance. Nothing herein shall alter the right of the Company to seek modification of this Ordinance in accordance with N.J.S.A 48:5A-47 and N.J.A.C. 14:17-6.7. In accordance with N.J.S.A. 48:5A-25.1, the terms of this Ordinance will no longer be in effect upon Cablevision converting the municipal consent (and any certificate of approval) into a system-wide franchise.
BE IT FURTHER ORDAINED that this Ordinance shall take effect upon the passage, and publication as required by law.
Following introduction, the above Ordinance will be published in accordance with the law and a public hearing will be held on December 9, 2013.
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11. *RESOLUTIONS:
R161-13 Resolution Awarding an Emergency Contract to Seneca Tree Service for Debris and Tree Removal Resulting From Super Storm Sandy, 2012 Related Damages
R162-13 Resolution Awarding an Emergency Contract to Norroc Incorporated for Debris and Tree Removal Resulting From Super Storm Sandy, 2012 Related Damages
R163-13 Resolution Awarding an Emergency Contract to Applied Landscape Technologies for
Debris and Tree Removal Resulting From Super Storm Sandy, 2012 Related Damages
R164-13 Resolution Authorizing the Release of the Minutes of Executive Sessions of the Borough of Mountain Lakes Council
R165-13 Resolution Authorizing the Sale of Municipal Personal Property Not Needed For Public Use
R166-13 Resolution Authorizing the Award of Contract for the Rehabilitation of Well Facility #4 –
CFM Construction Inc.
R167-13 Resolution Authorizing the Payment of Bills
12. *MINUTES:
November 11, 2013 (Regular)
13. *COMMITTEE AND COMMISSION APPOINTMENTS: (see attached list)
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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 on some recent capital projects. Mr. Tovo said he was pleased that the paving at the condos had been completed as this was a 2011 capital project which had not been funded properly at that time. He stated that the Wilson basketball courts had been resurfaced, the poles were in place, new lighting had been installed, and the fence was forthcoming. He said that the poles at the tennis courts would soon be installed and then poles would be installed at various locations in the Borough for the police cameras/closed circuit TV’s (CCTV). He reminded the Council that the CCTV project was approved in 2012.
16. COUNCIL REPORTS:
Woodland Committee– Councilman Lester reported the Committee was working on its 2014 goals.
Communications Committee - Councilman Lester said the Committee was working on its 2014 goals.
Public Safety Sub-Committee – Councilwoman Bravo reported that the Sub-Committee was working on its 2014 goals and objectives. One goal was to address issues surrounding the Borough’s Halloween Safe Zone event. She also reported that the CERT team, made up of nine (9) residents, was ordering gear and they would continue training in 2014.
Shared Services Sub-Committee – Councilman Bravo mentioned that the Sub-Committee had met twice with the Board of Education regarding the current shared services agreement. She said Mr. Prusina and Ms. Best had provided the Sub-Committee with job descriptions as part of an effort to update the agreement, which has not been updated since 2001. She said she felt that the agreement would be ready for review by the Borough Council at the next meeting on December 9th. Mr. Tovo said that the agreement needed review and approval by the Board of Education as well.
Environmental Commission – Councilman Borin said the Commission had submitted its goals to the Borough Clerk.
Zoning Board of Adjustment – Councilman Borin mentioned the new Zoning Board member appointed this evening, Khizar Sheikh.
Finance Advisory Committee – Mayor Happer said the Committee had met and had been reviewing the water and sewer fees.
DPW Sub-Committee – Mayor Happer stated that the Sub-Committee had been discussing the right of way Ordinance.
Mayor Happer reminded the other Council members to be prepared to review the 2013 Council goals at the December 9th meeting.
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.
With no one wishing to be heard, Mayor Happer closed the second public comment portion of the meeting.
18. ADJOURNMENT at 9:38 p.m.
Motion made by Deputy Mayor McWilliams, second by Councilman Borin to adjourn the meeting at 9:38 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: November 25, 2013
____________________________________ _______________________________
Michele Reilly, RMC, Borough Clerk Daniel J. Happer, Mayor