BOROUGH OF MOUNTAIN LAKES
BOROUGH HALL, 400 BOULEVARD, MOUNTAIN LAKES
973-334-3131
FEBRUARY 10, 2014
7:30 PM EXECUTIVE SESSION
8:00 PM 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, 2014 and posted in the municipal building.
2. ROLL CALL
Ms. Reilly called the roll. All Council members were present except for Mayor Happer, who arrived at 8:20 pm, and Councilman Borin, who was absent. Also in attendance were Borough Attorney Martin Murphy, Borough Manager Robert Tovo, Borough Clerk Michele Reilly, and Police Chief Shawn Bennett.
3. PLEDGE OF ALLEGIANCE
Deputy Mayor Holmberg led the salute to the flag.
4. EXECUTIVE SESSION NONE
5. COMMUNITY ANNOUNCMENTS
Councilman Lester offered thanks to the Department of Public Works for their diligence in dealing with the many issues presented by the recent snowstorms. The rest of the Council concurred.
Deputy Mayor Holmberg reminded the Borough Council that the annual “Borough Council goes to Briarcliff” event would be held on May 2nd, 2014.
Deputy Mayor Holmberg announced that he and Councilman Lester were spearheading an effort for a Borough cleanup day. He said they recently met with Patty McElduff to identify specific locations throughout the Borough in need of attention. The target date is the weekend of April 22nd, coinciding with the Borough’s Trash and Shredding weekend and Earth Day events. The Deputy Mayor said the hope is that this cleanup day, which will be coordinated with the schools, the Borough Council, and the Department of Public Works, will instill a sense of community and pride in the Borough’s appearance and will become an annual event.
6. PUBLIC COMMENT
Each speaker is limited to five (5) minutes and no yielding of time to another person.
Deputy Mayor Holmberg opened the public comment portion of the meeting with the consent of the Council. Deputy Mayor Holmberg explained the Council’s policy of limiting each speaker to five (5) minutes and no yielding of time to another person.
Joan Best –Intervale Road
Ms. Best stated that she had recently come across information regarding the availability of a $5,000 grant available to schools. This grant could be awarded if twenty (20) volunteers cleaned two (2) acres of property. The grant, if awarded, could be used to purchase outdoor or indoor recycling bins. Ms. Best said she had given the information to Mr. Prusina, the DPW Director. Councilman Lester asked Ms. Best to email the information to him, Deputy Mayor Holmberg, and Ms. McElduff.
With no one else wishing to be heard, Deputy Mayor Holmberg closed the public comment portion of the meeting.
BOROUGH OF MOUNTAIN LAKES
FEBRUARY 10, 2014
PAGE TWO
7. ORDINANCE 01-14
ORDINANCE AMENDING CHAPTER 245 OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF
MOUNTAIN LAKES AND ADDING HOTELS AS A CONDITIONAL USE IN BUSINESS ZONE B
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 245 of the Revised General Ordinances of the Borough of Mountain Lakes, Section 245-11 entitled “Business Zone B,” shall be amended by the following amendment to subsection A which shall read in its entirety as follows:
A. Permitted Principal Uses are the same as in § 245-10A (“Business Zone A”) except that automobile service stations, dry cleaning establishments, motels, hotels and businesses using hazardous substances shall be excluded.
Section 2. Chapter 245 of the Revised General Ordinances of the Borough of Mountain Lakes, Section 245-11 entitled “Business Zone B,” shall be amended by the following amendment to subsection C. which shall include the following additional conditional use:
(2) Hotels in accordance with the following standards:
(a) The minimum lot size shall be 3 acres.
(b) The maximum building height shall be 5 stories/60 feet.
(c) The minimum lot frontage along Route 46 shall be 300 feet.
(d) Ancillary facilities/amenities, including a restaurant/lounge, meeting facilities and ballroom space(s), shall be permitted.
Section 3. Chapter 245 of the Revised General Ordinances of the Borough of Mountain Lakes, “Supplementary Use Regulations,” Schedule III, Minimum Off-Street Parking Requirements, shall be amended by adding the following parking restrictions after “Home Occupations”:
Hotel 1 space per guest room, plus 1 space per two seats in the restaurant/lounge and 1 space per 100 square feet devoted to ballroom or meeting space. The Planning Board may reduce the above parking requirement at its discretion subject to the applicant submitting a shared parking analysis demonstrating that a lesser number of parking spaces can adequately serve the development. The Planning Board may alternatively approve, in its discretion, a valet parking plan which can adequately accommodate activities at the development with a lesser number of parking spaces.
Section 4. 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 5. All Ordinances or parts of Ordinances, which are inconsistent herewith are hereby repealed to the extent of such inconsistency.
Section 6. 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 March 10, 2014.
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Council Member |
By: |
2nd |
Yes |
No |
Abstain |
Absent |
By |
2nd |
Yes |
No |
Abstain |
Absent |
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Albergo |
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X |
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Borin |
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X |
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Bravo |
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X |
X |
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Lester |
X |
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X |
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McWilliams |
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X |
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Holmberg |
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X |
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Happer |
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X |
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BOROUGH OF MOUNTAIN LAKES
FEBRUARY 10, 2014
PAGE THREE
8. *RESOLUTIONS:
R59-14 Resolution Authorizing the Payment of Bills
R60-14 Resolution Appointing Additional Member to the Finance Advisory Committee
9. *MINUTES:
January 27, 2014 (Regular)
10. *DEPARTMENT REPORTS:
Construction Department January 2014
Department of Public Works January 2014
Fire Department January 2014
Tax Department January 2014
11. *BOARD AND COMMISSION AND COMMITTEE APPOINTMENTS
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COMMISSION/BOARD |
NAME |
TERM |
POSITION |
DATES |
NOTE |
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Planning Board |
Nancy DuTertre |
1 year |
2nd Alternate |
1.01.14-12.31.14 |
appointment |
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fill remainder of 2 yr term |
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Zoning Board of Adjustment |
Jim Murphy |
2 years |
Member |
1.01.14-12.31.15 |
appointment |
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replacing Pat Rusak |
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fill remainder of 4 yr term |
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Steve Vecchione |
1 year |
1st Alternate |
1.01.14-12.31.14 |
appointment |
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fill remainder of 2 yr term |
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John Tolud |
2 years |
2nd Alterate |
1.01.14-12.31.15 |
appointment |
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Council Member |
By: |
2nd: |
Yes |
No |
Abstain |
Absent |
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Albergo |
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X |
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Borin |
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X |
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Bravo |
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X |
X |
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Lester |
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X |
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McWilliams |
X |
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X |
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Holmberg |
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X |
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Happer |
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X |
12. ATTORNEY REPORT
Mr. Murphy had no report.
13. MANAGER’S REPORT
Mr. Tovo reported that the Borough has received $357,000 in reimbursement from FEMA in relation to Hurricane Sandy. Mr. Tovo said that all projects have been submitted to FEMA and the Borough is waiting for final approval and subsequent payment. He said FEMA reimbursement for Hurricanes Sandy should total $600,000. He said the State has determined that reimbursements for Hurricane Sandy are the top priority and therefore the Borough is also waiting for some funds from the October 2012 snowstorm event.
BOROUGH OF MOUNTAIN LAKES
FEBRUARY 10, 2014
PAGE FOUR
Mr. Tovo offered the Council a perspective as to what the recent snow events have cost the Borough. Currently the Borough has spent $50,000 on salt, $16,000 on Department of Public Works (DPW) overtime, and $4,000 on water main breaks directly related to the snow events. The current budget for snow removal is $95,000 and the current budget for DPW overtime is $40,000. Mr. Tovo said there is a statewide shortage of salt but that the Borough has an agreement with the Town of Boonton to supply salt if critical. In addition, he said he is working diligently with Senator Bucco’s office, suppliers, and the State of New Jersey, in order to facilitate the fulfillment of the Borough’s back orders for salt. Mr. Tovo said it requires twenty-five (25) tons of salt to cover the Borough’s twenty-eight (28) miles of roadway, at a minimum cost of $1400 for one trip only, and normally the intersections and hills are retreated, increasing the cost.
Councilwoman Bravo mentioned that fire hydrants on residential property should be kept free of snow and it is the resident’s responsibility to do so. Mr. Tovo said fire hydrants on Borough property will be cleaned and maintained by the Borough crews.
Mr. Tovo stated that the Environmental Commission had requested permission to make a Council presentation in reference to their 2014 goals. The Council consensus was that they would appreciate hearing from the Environmental Commission and set a target date for the end of March, or after the budget has been introduced.
Mr. Tovo reported that new chairs had been ordered for the Council room and that these chairs had a five (5) year warranty.
Finally, Mr. Tovo suggested that Department reports be placed on the agenda for the second meeting of the month, instead of the first as is the current practice. The extra time would allow Department heads the opportunity to compile the data needed and ensure greater accuracy in reporting. The consensus of the Council was that this was acceptable.
14. DISCUSSION ITEM:
-Update Soil Moving Ordinance
Mr. Tovo said that Borough Engineer Bill Ryden had approached him and Planning Board Secretary Cindy Shaw to request a change in the permit process. The current soil moving threshold of two hundred (200) yards results in nearly all residential projects having to be heard and approved by the Planning Board. Mr. Ryden’s recommendation was that any residential soil moving permit application under one thousand (1,000) yards should only need the written approval of the Borough Engineer. He felt that making this change would streamline the permit process and save the homeowner time and money. Mr. Tovo said this issue had been vetted through the Planning Board and they were in agreement with Mr. Ryden’s suggestion. The consensus of the Council was that this was a sensible change and that an Ordinance would be placed on the February 24, 2014 agenda for introduction.
-2014 Budget Discussion: Capital Budget
Mr. Tovo said that he wanted to re-address the proposed capital budget and get clear direction from the Council as to 2014 projects and priorities. He offered a slightly modified version of the proposed budget with more money, an additional $117,000, set aside for road resurfacing. Mr. Tovo said his decision was based on the unique opportunity to coordinate paving projects with New Jersey Natural Gas in 2014. The increased funding for road resurfacing would mean that any rehabilitation of Upper Halsey Frederick Field would be tabled for now. Mr. Tovo said he felt it was in the Borough’s best interest to further analyze the needs at this location, and this would be done in conjunction with the analysis to take place this year for Island and Birchwood Beaches. Mr. Tovo stated that the Council would then be able to make a decision regarding capital needs for our recreation facilities.
In addition to allowing for increased funding for road resurfacing, Mr. Tovo indicated he would purchase a tire changer and tire balancer at the Department of Public Works, totaling approximately $23,000, which would save the Borough money in the long run as they would facilitate in-house repairs.
The Council agreed that it was a prudent decision to commit more funding to road resurfacing in 2014, while waiting for further information before committing to specific facility upgrades. All Council members concurred that upgrades to Recreation facilities were needed but that a detailed plan should be developed, so Mr. Tovo received approval to commit capital budget funds to a project study. Mayor Happer said he would like to see a better needs analysis, and in addition, he said he would like to see a written request for upgrades to Upper Halsey Frederick Field from the Board of Education. Deputy Mayor Holmberg said he would like the lease agreement for Upper Halsey reviewed in order to clearly determine who would need to pay for upgrades, the Borough or the Board of Education. Mr. Tovo mentioned that he had discussions with the County’s Open Space Consultant, and there is the possibility that open space funds might be available in the future for upgrades to municipal fields and beaches.
BOROUGH OF MOUNTAIN LAKES
FEBRUARY 10, 2014
PAGE FIVE
The Council was also supportive of proposed upgrades to the Midvale Playground, which include better defined parking and improvements to the field, and the key fob system for entrance into the Borough Hall, which would provide an increase in safety and security for both employees and records/equipment.
The Council discussed the purchase of a jet powered boat for use by the Police and Department of Public Works. The anticipated cost of the boat, $35,000, would be fully funded from the Police outside detail administrative fund. Although supportive of the purchase of the boat, several Council members voiced concerns about operational costs. Councilman Lester said he would like to see operational costs included with proposed capital projects as a standard part of the budget process. Mayor Happer also indicated that he would like to see this information provided. Chief Bennett mentioned that the Borough had been funding operational costs for a boat for a few years, ever since the Borough had begun shooting Fourth of July fireworks from the middle of the lake and it had been necessary to borrow a boat from a neighboring municipality. Mayor Happer stated that he did not want to see an increase in police overtime due to staffing the boat. Mr. Tovo said that Special Police Officers would be utilized as much as possible, and Chief Bennett said that he would not be assigning boat duty as a daily detail for those officers on duty. Councilwoman Bravo suggested charging a fee to the sailing association and anyone organization that requested a police or safety presence during an event, such as the regatta or a triathlon. The consensus of the Council was that they were supportive of the boat purchase but wanted Mr. Tovo and Chief Bennett to present a written report of operational costs and a plan for the use of the boat at the next Borough Council meeting.
15. COUNCIL REPORTS
-2014 Goals
Mayor Happer recapped some of the 2014 Council goals as stated at the last meeting: emergency preparation, adopting a fiscally responsible budget, maintaining a long range financial and capital plan, evaluating opportunities for increasing tax ratables, and reviewing the combination of the Planning and Zoning Boards. The Council decided to add the following additional goals: developing a strategy for the upgrade and maintenance of recreational facilities, evaluating ways to improve the Borough’s volunteer programs by recruiting, retaining, and recognizing volunteers, and supporting a town clean-up event for 2014. Also, Councilwoman Bravo suggested a decision be made in 2014 as to whether or not the Janice Hunts and Citizen of the Year Awards would continue to be presented at the Memorial Day festivities. Her suggestion was that these awards should be presented at a volunteer recognition event hosted by the Borough Council towards the end of the year.
Finance Advisory Committee – Mayor Happer said the Committee met last week and discussed the operational and water budget. In addition, he mentioned the appointment of a new member to the Committee.
Councilwoman Bravo said that, due to the President’s Day holiday, the next meeting of both the Public Safety Subcommittee and Shared Services Subcommittee would take place in March.
Communications Advisory Committee – Councilman Lester said the Committee would be meeting Wednesday and expected to review the results of the recent survey on communications.
Environmental Commission – Councilman Albergo said the regularly scheduled meeting had been cancelled due to a weather event.
16. PUBLIC COMMENT
Each speaker is limited to five (5) minutes and no yielding of time to another person.
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.
With no one wishing to be heard, Mayor Happer closed the public comment portion of the meeting.
BOROUGH OF MOUNTAIN LAKES
FEBRUARY 10, 2014
PAGE SIX
17. ADJOURNMENT at 10:02 PM
Motion made by Councilman McWilliams, second by Deputy Mayor Holmberg, to adjourn the meeting at 10:02 p.m., with all members in favor signifying by “Aye”.
*Indicates Consent Agenda Item
Matters listed as Consent Agenda Items 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: FEBRUARY 10, 2014
________________________________ _______________________________
Michele Reilly, RMC, Borough Clerk Daniel J. Happer, Mayor