BOROUGH OF MOUNTAIN LAKES
BOROUGH HALL, 400 BOULEVARD, MOUNTAIN LAKES
973-334-3131
FEBRUARY 24, 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.
Mayor Happer called the meeting to order at 8:00 p.m.
2. ROLL CALL
Ms. Reilly called the roll. All Council members were present except for Councilwoman Bravo, who was absent. Also in attendance were Borough Attorney Robert Oostdyk, Borough Manager Robert Tovo, Borough Clerk Michele Reilly, Department of Public Works Director Mark Prusina and Police Chief Shawn Bennett.
3. PLEDGE OF ALLEGIANCE
Mayor Happer led the salute to the flag.
4. EXECUTIVE SESSION NONE
5. COMMUNITY ANNOUNCMENTS
Councilman Lester mentioned attending two recent New Jersey State League of Municipalities (NJSLOM) events and discussions he had at those events in reference to the expiration of the two percent (2%) cap on interest arbitration awards. The cap is due to expire in April, 2014. The NJSLOM is circulating a resolution in support of making the interest arbitration cap permanent and Councilman Lester distributed copies of the sample resolution to the Council. Councilman Lester stated he felt the Borough Council should support the resolution. The consensus of the Council was that they would vote on the Resolution during or after the consent agenda.
6. 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.
Fred Kanter - Hanover Road
Mr. Kanter referenced his recent Open Public Records Act (OPRA) request regarding applicants for the 2014 Borough Attorney and Borough Engineer positions. Mr. Kanter said he wanted to know the Council process utilized for the selection of these two positions.
Steve Arnold – Craven Road
Mr. Arnold mentioned the Ordinance introduced at the last Council meeting which, if passed, would allow a conditional hotel use in Zone B. He said that he was opposed to any building taller than fifty (50) feet.
Margaret Gossett – Glen Road
Ms. Gossett urged the Council to introduce a wellhead protection Ordinance in the first quarter or early second quarter of 2014. She said that once the Ordinance was introduced it would need Department of Environmental Protection (DEP) approval and that she was concerned that this process could be lengthy.
With no one else wishing to be heard, Mayor Happer closed the public comment portion of the meeting.
Mayor Happer asked Mr. Tovo to respond to Ms. Gossett. Mr. Tovo said that the wellhead protection Ordinance would be introduced after the budget was passed.
Mayor Happer thanked Mr. Arnold for his comments.
BOROUGH OF MOUNTAIN LAKES
FEBRUARY 24, 2014
PAGE TWO
Mayor Happer stated that the Borough policy is to go out to bid once every three (3) years for professional positions. During years where no bids are taken the appointment of Borough professionals is evaluated and handled on the sub-committee level.
7. DISCUSSION ITEM:
-2014 Budget Discussion: Current Fund
Mr. Tovo gave the highlights of his budget presentation, which included a budget increase of just over one percent (1%), a tax rate of .482, and a $157.16 yearly increase/$13.09 monthly increase on the averaged assessed home valued at $785,500. His proposed budget would leave the Borough $48,174 below the tax levy cap, leave the reserve for uncollected taxes (RUT) at 94.96, and allow the Borough to maintain a surplus of approximately $1.4 - $1.5 million dollars. He said he felt that the 2014 budget was very responsible.
The Council discussed Mr. Tovo’s budget presentation and asked for some additional information. Mr. Tovo said he will arrange for the Tax Assessor to make a presentation and update the Council on tax appeals in order to support the proposed $60,000 budget reduction in the Tax Appeal line item. Councilman Lester said he would appreciate knowing how many recreation programs are user-supported as well as demographics of who is serviced by the Borough’s recreation programs. Councilman Lester and Mayor Happer asked for more information regarding the proposed budget for police overtime. As requested at the last Borough Council meeting, Chief Bennett presented additional information to the Council about the proposed boat purchase. Mayor Happer and Councilman Lester requested a cost analysis instead of a summary and Mayor Happer suggested involving the Acting Chief Financial Officer in the process. Councilman Lester requested the Chief’s cost analysis by Friday. Mayor Happer asked for a summary of deposits to the MRNA line item (miscellaneous revenues not anticipated).
Mayor Happer thanked Mr. Tovo for his presentation and said he felt the budget reflected an acknowledgement of the Borough Council’s desire to maintain costs in a fiscally responsible manner considering current levels of inflation. He said that while Council needs to review the details he felt that the proposed budget was reasonable, and other Council members echoed his sentiments.
Mayor Happer asked Mr. Prusina to convey thanks to the Department of Public Works employees for a wonderful job done in dealing with the recent weather events.
8. ORDINANCE 02-14
ORDINANCE AMENDING CHAPTER 102, ‘SOIL MOVING’, OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF MOUNTAIN LAKES
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. The following definitions contained within Chapter 102, Section 102-9, entitled “Definitions,” shall be amended to read in their entirety as follows:
MAJOR SOIL MOVING PERMIT – A permit for the moving of 1,000 cubic yards or more of soil.
MINOR SOIL MOVING PERMIT – A permit for the moving of less than 1,000 cubic yards of soil.
Section 2. Chapter 102, Section 102-11, entitled “Permit required; exemptions,” shall be amended to read in its entirety as follows:
102-11. Permit required; exemptions.
No person shall disturb the soil by soil removal, soil importation or cut and fill operations on any premises in the Borough unless a permit is first secured. Exemptions may be made only in the following cases:
A. Soil moving activities of less than 50 cubic yards provided that the change in elevation is no more than two feet at any point. One (1) exemption under this category shall be allowed for one (1) property in any 24 month period.
B. Excavation for foundations or swimming pools where the grade is no more than 15%.
C. Those cases where a site plan or major subdivision application is under consideration by the Planning Board or Board of Adjustment.
BOROUGH OF MOUNTAIN LAKES
FEBRUARY 24, 2014
PAGE THREE
Section 3. Chapter 102, Section 102-13, entitled “Permit application; review; fee,” shall be amended to read in its entirety as follows:
102-13. Permit application; review; fee.
A. Applications shall be made on the appropriate forms, and shall be filed with the Planning Board Administrator. Upon receipt of the application and attachments, together with the fees specified in § 111-3F, the administrative officer shall deliver copies of each to the Construction Official and Borough Engineer for review and processing as herein prescribed.
B. Minor soil moving permit. In cases involving a minor soil moving permit, the Borough Engineer shall review the application and, following its approval, the Construction Official shall issue the permit.
C. Major soil moving permit. Cases involving a major soil moving permit shall require a public hearing before the Planning Board, in accordance with § 40-35 and shall require a performance bond, as detailed in § 102-16.
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.
|
Council Member |
By: |
2nd |
Yes |
No |
Abstain |
Absent |
By |
2nd |
Yes |
No |
Abstain |
Absent |
|
Albergo |
|
|
X |
|
|
|
|
|
|
|
|
|
|
Borin |
|
|
X |
|
|
|
|
|
|
|
|
|
|
Bravo |
|
|
|
|
|
X |
|
|
|
|
|
|
|
Lester |
|
|
X |
|
|
|
|
|
|
|
|
|
|
McWilliams |
|
X |
X |
|
|
|
|
|
|
|
|
|
|
Holmberg |
X |
|
X |
|
|
|
|
|
|
|
|
|
|
Happer |
|
|
X |
|
|
|
|
|
|
|
|
|
9. *RESOLUTIONS:
R61-14 Resolution Authorizing the Redemption of Tax Title Lien 2013-004, Block 127.01, Lot 6.02
R62-14 Resolution Appointing Additional Member to the Lakes Management Advisory Committee
R63-14 Resolution Authorizing the Redemption of Tax Title Lien 2010-02, Block 130, Lot 6
R64-14 Resolution Authorizing the Payment of Bills
Prior to the Consent Agenda vote the Council decided that Resolution 65-14, Resolution Calling on the Legislature to Make Permanent the 2% Cap on Interest Arbitration Awards, should be considered separately from the Consent Agenda.
10. *MINUTES:
February 10, 2014 (Regular)
11. *DEPARTMENT REPORTS:
Health Department January 2014
Police Department January 2014
BOROUGH OF MOUNTAIN LAKES
FEBRUARY 24, 2014
PAGE FOUR
12. *BOARD AND COMMISSION AND COMMITTEE APPOINTMENTS NONE
|
Council Member |
By: |
2nd: |
Yes |
No |
Abstain |
Absent |
|
Albergo |
|
|
X |
|
|
|
|
Borin |
|
|
X* |
|
|
|
|
Bravo |
|
|
|
|
|
X |
|
Lester |
X |
|
X |
|
|
|
|
McWilliams |
|
X |
X |
|
|
|
|
Holmberg |
|
|
X |
|
|
|
|
Happer |
|
|
X |
|
|
|
*Councilmen Borin abstained from voting on the February 10, 2014 minutes
Resolution 65-14
Resolution Calling on the Legislature to Make Permanent the 2% Cap on Interest Arbitration Awards
|
Council Member |
By: |
2nd: |
Yes |
No |
Abstain |
Absent |
|
Albergo |
|
|
|
|
X |
|
|
Borin |
|
X |
X |
|
|
|
|
Bravo |
|
|
|
|
|
X |
|
Lester |
X |
|
X |
|
|
|
|
McWilliams |
|
|
X |
|
|
|
|
Holmberg |
|
|
|
X |
|
|
|
Happer |
|
|
X |
|
|
|
13. ATTORNEY REPORT
Mr. Oostdyk had no report.
14. MANAGER’S REPORT
Mr. Tovo said he wanted to echo the Mayor’s comments about the Department of Public Works employees and also Mr. Prusina for excellent work under trying circumstances. He mentioned that in addition to the weather events, the Department had been contending with several recent water main breaks and commended them for their outstanding performance.
15. COUNCIL REPORTS
-2014 Goals
Mayor Happer asked the Council to review the copy of the finalized 2014 goals.
Shade Tree Commission – Deputy Mayor Holmberg said that Mr. Prusina had given a thorough presentation of the steps taken during and after a snow event, for example the clearing of storm drains and fire hydrants.
Public Safety Sub-Committee – Councilman McWilliams said the sub-committee will be meeting on March 17th.
Personnel Sub-Committee – Councilman McWilliams said Mr. Tovo had walked the sub-committee through both the personnel and salary guides.
Historic Preservation Committee – Councilman Borin said the Committee would like the Historic Preservation Ordinance updated on-line and in addition would like the sidewalks in front of Midvale repaired. Mr. Tovo said the Clerk would resolve the Ordinance issue and that the sidewalk issue would probably be referred to the Economic Development Sub-Committee.
Communications Advisory Committee – Councilman Lester said the Mark Watrous had stepped down as chair and he expected Bob Karczewski would be voted as the new chair at the next meeting. The Committee is reviewing the survey information and developing a test version of a new website.
BOROUGH OF MOUNTAIN LAKES
FEBRUARY 24, 2014
PAGE FIVE
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.
Fred Kanter – Hanover Road
Mr. Kanter objected to the fact that he did not have a copy of the budget presentation so that he was able to follow along with the Borough Council during their discussion. He also stated that he would be opposed to the Fourth of July fireworks being set to music.
With no one else wishing to be heard, Mayor Happer closed the public comment portion of the meeting.
17. ADJOURNMENT at 10:21 PM
Motion made by Deputy Mayor Holmberg, second by Councilman Borin, to adjourn the meeting at 10:21 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 24, 2014
________________________________ _______________________________
Michele Reilly, RMC, Borough Clerk Daniel J. Happer, Mayor