BOROUGH OF MOUNTAIN LAKES
BOROUGH HALL, 400 BOULEVARD, MOUNTAIN LAKES
973-334-3131
MARCH 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.
Mayor Happer called the meeting to order at 7:30 p.m.
2. ROLL CALL
Ms. Reilly called the roll. All Council members were present except for Councilman Albergo, who arrived after the flag salute, and 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, Acting Chief Financial Officer D. Timothy Roberts and Police Chief Shawn Bennett.
3. PLEDGE OF ALLEGIANCE
Mayor Happer led the salute to the flag.
4. EXECUTIVE SESSION
RESOLUTION 66-14
Matters Relating to Litigation, Negotiations and the Attorney-Client Privilege:
-Tax Assessor Presentation
Motion made by Deputy Mayor Holmberg, second by Councilman McWilliams, to enter into Executive Session with all members in favor signifying by “Aye”.
Motion made by Councilman Lester, second by Deputy Mayor Holmberg, to close the Executive Session and return to the public portion of the meeting with all members in favor signifying by “Aye”.
5. COMMUNITY ANNOUNCMENTS
Deputy Mayor Holmberg announced that a nationally known speaker from the University of Washington, Frank Small, will be giving two presentations to the community on the topics of healthy attitudes regarding winning and losing and keeping sports in perspective. The first presentation will be on Thursday, March 27th at the Mountain Lakes High School auditorium and the second will be held on Friday, March 28th at the Mountain Lakes Club.
Councilman McWilliams stated that the date of the next semi-annual shredding event would be April 26th. This event is a joint fundraiser for the Mountain Lakes Volunteer Fire Department and also the Boonton Kiwanis Ambulance Squad. The event will be held in conjunction with a blood drive; individuals who donate a pint of blood are able to shred two boxes of documents for free. In addition, the Councilman confirmed with Chief Bennett that there will be a dropbox on-site for the disposal of unused and unwanted medications.
Deputy Mayor Holmberg said that April 26th is also the target date for the official town-wide cleanup. He and Councilman Lester are organizing the event with Patty McElduff from the High School and more details will follow.
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.
BOROUGH OF MOUNTAIN LAKES
MARCH 10, 2014
PAGE TWO
Steve Arnold – Craven Road
Mr. Arnold said he would like the Broadcast emails used to inform him of Council meetings and Planning and Zoning Board meetings, as well as link him to the minutes. In addition he said he would like important municipal government information posted to the notice board on the Borough website. Finally, he requested that the Daily Record’s on-line section about Mountain Lakes contain some of this information.
With no one else wishing to be heard, Mayor Happer closed the public comment portion of the meeting.
Mayor Happer thanked Mr. Arnold for his comments and asked Councilman Lester to bring some of these concerns to the attention of the Communications Advisory Committee. Councilman Lester said the Committee is already addressing some of these issues. Councilman Lester pointed out that updates to the Daily Record cannot be handled by the Borough. Councilman McWilliams stated that the Borough policy regarding the Broadcast is to use this venue to communicate Borough emergencies and important notifications, not as a general bulletin board.
With the consent of the Council, Mayor Happer elected to address the two (2) public hearings on the agenda before the budget discussion.
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.
BOROUGH OF MOUNTAIN LAKES
MARCH 10, 2014
PAGE THREE
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.
If adopted this Ordinance shall take effect after publication and passage as provided by law.
PUBLIC HEARING
Mayor Happer asked Mr. Tovo to review the timeline of the Ordinance before the Public Hearing.
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.
Anthony Mancuso – Overlook Terrace, Parsippany
Mr. Mancuso said he was disappointed to hear this issue has been discussed since 2012 and he had just heard about it. He stated he was not happy with the communication between the two towns. He felt there might be a drainage issue which could affect Rainbow Lakes. In addition he expressed concerns about traffic congestion since there is no left hand turn onto the Boulevard from The Villa. He asked the Borough Council to table the Ordinance pending a traffic study and EPA information.
Jackie Bay – Morris Avenue, Mountain Lakes
Ms. Bay indicated she was speaking on behalf of the Environmental Commission (EC) and expressed concern about a hotel being a water intensive development and thereby posing a possible risk to the Borough’s water supply. She questioned the firm capacity calculations of the Borough Engineer, referencing a study done by the League of Women Voters, and said that the EC was requesting that the Borough shut down Well #5 in order to test the calculations. She also stated that the EC was requesting that the Borough develop a water conservation plan.
James Barberio – Parsippany
Mayor Barberio said he had received many emails from his residents concerning the Ordinance. He mentioned Resolution 144-13, sent by the Borough Council of Mountain Lakes to the governing body of Parsippany-Troy Hills Township and authorizing the Borough to sign the protest petition against a Parsippany Ordinance. He asked the Borough Council table this Ordinance until his constituents have more time to review the issue.
Robert Peluso - Parsippany
Councilmember Peluso asked the Borough Council to consider tabling the Ordinance so that residents would have more time to review the project and plans. He stated that in his prior position with the Chamber of Commerce he has heard hotels discuss vacancy issues and tax appeals. He asked the Council to consider the financial impact of a hotel, not only as a benefit to the community but also as a detriment.
John Cesaro – Parsippany
Former Councilmember and current Freeholder Cesaro spoke of his fondness for the Rainbow Lakes Community. He thanked the Borough Council for listening and asked that the Ordinance be tabled.
Lynn Uhrig – Sunset Road, Mountain Lakes
Ms. Uhrig asked the Council to table the motion until there was more time for consideration, investigation and discussion. She said the Borough should not stress the aquifer and water supply. She also expressed concern about the height of the proposed hotel. She said low taxes are not an objective when the decision is made to move to Mountain Lakes and gaining revenue is not worth changing the character and appearance of the Borough.
Steve Arnold – Craven Road, Mountain Lakes
Mr. Arnold expressed his opposition to the height of fifty (50) feet. He said the Master Plan says to consider a height increase but 50 feet is too high. In addition he thought the height increase should not apply to only hotels but that the height should be increased across the entire Zone B. His suggestion was three (3) stories. He also mentioned that Wyndham Hotels operates some chains which are not high quality.
Gerald Frungillo – Villa, Mountain Lakes
Mr. Frungillo stated he was in support of the Ordinance. He said he has been part of the community since 2004. He said there is a need for the hotel he is proposing, that he has seen his industry change and that he is losing business to one-stop shops. He said the Wyndham hotel chain has their national headquarters in Parsippany and would like to use the Villa as an example for clients. He stated that a hotel was so important to their business the Villa would be cutting their banquet space in half, from a capacity of six hundred (600) to three hundred (300), in order to build the hotel.
BOROUGH OF MOUNTAIN LAKES
MARCH 10, 2014
PAGE FOUR
Steve Shaw – Point View Place, Mountain Lakes
Mr. Shaw said he was in support of the Ordinance and reviewed the process leading to the proposed change to Zone B, including sub-committee presentations, discussions at Borough Council meetings and consultations with the Borough Planner. He stated there have been five (5) public meetings. He stated that the hotel plan at the Villa was the catalyst for the change but that the Ordinance references the entire Zone and is not tied to a particular project. He said the proposed Ordinance change meets the objectives of the Borough’s Master Plan and outlined some of the benefits of the Villa’s project, including creating business opportunities along the Route 46 corridor.
Jane Hayward – Lookout Road, Mountain Lakes
Ms. Hayward said she was in support of the Ordinance and said she would welcome the type of project proposed by the Villa as it is currently something lacking in the area. She stated she has known Mr. Frungillo and his family for over 20 years and has used his services. She also referenced his business integrity.
Rein Aasma – Lakewood Drive, Mountain Lakes
Mr. Aasma commended the Borough Council for taking up the redevelopment issue and encouraged them to explore more possibilities along the Route 46 corridor. He felt passing the Ordinance would be positive for the Borough.
Frank (last name undecipherable) – Parsippany
This resident of Rainbow Lakes asked the Borough Council to table the Ordinance. He mentioned concerns about light pollution and questioned whether the Fire Department could handle an incident in a building this tall. He also expressed concerns about his view, stating that right now the trees are as high as the current building.
Kathy Watrous – Boulevard, Mountain Lakes
Ms. Watrous spoke of her support for the Ordinance. She said she has known Mr. Frungillo and his family for over twenty-five (25) years, that they are ethical and hard-working people, and that she has never seen them do any project that is less than aesthetically pleasing.
Bennett Epstein – Valley Road, Mountain Lakes
Mr. Epstein said he was in support of the Ordinance. He said he has held functions at the Villa and guests have had to stay elsewhere. He said the Frungillo family has proven that they care about the town and that their property is always well kept. He said that he felt passing the Ordinance would be better for the community.
Mark Hayward – Lookout Road, Mountain Lakes
Mr. Hayward asked if any other lots in town would meet the criteria for a hotel. Mr. Tovo stated that the Zeris lot was big enough to fit the criteria. Mr. Hayward also inquired as to the perceived benefits from the Zone change in addition to increased tax revenues.
Susan Ferguson – Tower Hill Road, Mountain Lakes
Ms. Ferguson thought the Borough Council should consider tabling the Ordinance and expressed concern that the neighbors have not been involved.
Mark Watrous – Boulevard, Mountain Lakes
Mr. Watrous stated he was in support of the Ordinance. He said Route 46 is a blight and encouraged the Council to consider other projects. He said the Villa project would increase the aesthetic value of Route 46 and there was the potential for additional revenue for the Borough. He said the fire issue had been addressed several months ago and the Villa would have a sprinkler system.
With no one else wishing to be heard, Mayor Happer closed the public comment portion of the meeting.
Mr. Oostdyk explained that a Zoning Ordinance merely sets up parameters for use, and does not constitute approval for a project nor deal with project details. He said that details such as traffic, water, and environmental concerns are reviewed by and approved at the Planning Board level. He stated that even if there is a proponent for a zone change, the Ordinance applies to the entire zone and therefore the Ordinance cannot be judged by a proposed project. Mr. Oostdyk asked Ms. Reilly to provide verbal confirmation that all public notices were sent out in accordance with the requirements for notification. Ms. Reilly affirmed they were.
In response to the comments made, Mayor Happer said there had been no attempt to make a zone change without giving the proper notice and without giving the communities the chance to become involved in the process. He noted that a public meeting was held last fall. He also noted that the zone change was reviewed as a discussion item at a public meeting in January, prior to the introduction of the Ordinance in February. Councilman Lester said the increased revenue would allow the Borough to do more for its residents, for example, programs for children and seniors or addressing the aging infrastructure. He expressed his support for the Ordinance but said he would be willing to make a motion to table if fellow Council members agreed. Councilman McWilliams said he wholeheartedly supported the Ordinance and that finding a way to increase ratables has been a topic of concern during the last three (3) election cycles. He said he had no concerns regarding fire safety as the Borough has a mutual aid agreement with surrounding towns. In addition, he pointed to fire safety improvements made by the Villa during their 2004 renovation, such as a fire hydrant in the back of the building.
BOROUGH OF MOUNTAIN LAKES
MARCH 10, 2014
PAGE FIVE
Councilman Borin said the Ordinance is a catalyst for redevelopment and has been discussed at Council meetings, at the Planning Board, and at the Economic Development Subcommittee meetings. He said the Economic Development Subcommittee has been trying to determine a coordinated approach that will result in comprehensive development of the Route 46 corridor and he offered support for the Ordinance. Deputy Mayor Holmberg encouraged people to stay involved in the process and he said he wanted to be concerned and sensitive to the neighbors but also take the big picture into account. He offered support for the Ordinance. Councilman Albergo said he supported this as a Zoning Ordinance and also supported the efforts to improve the Route 46 corridor. He wanted the record to reflect that a firm capacity and water study would be done at the Planning Board level. Mayor Happer said he was supportive of the Ordinance but in order to provide additional opportunities for people to evaluate the details he asked if there was a motion to continue the public hearing.
Councilman McWilliams made a motion to continue the public hearing until the March 24th meeting. Mr. Oostdyk said continuing the public hearing would require no additional notification. Councilman Lester offered a second and the motion passed unanimously by a roll call vote.
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Borin |
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Lester |
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McWilliams |
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Happer |
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**PUBLIC HEARING CONTINUED UNTIL MARCH 24th BOROUGH COUNCIL MEETING
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.
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.
BOROUGH OF MOUNTAIN LAKES
MARCH 10, 2014
PAGE SIX
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.
If adopted this Ordinance shall take effect after publication and passage as provided by law.
PUBLIC HEARING
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.
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Albergo |
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Borin |
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9. DISCUSSION ITEM:
2014 Budget Discussion: Water, Sewer Utility Budget
Mr. Roberts led the budget discussion and reported that the sewer utility budget will increase by three percent (3%) in 2014 and the water utility budget will increase by almost thirteen percent (13%). He stated that the sewer utility operated at a deficit during 2013; consequently, there is no surplus/revenue to anticipate in the 2014 budget and the Borough must appropriate the deficit in the water utility operating budget. In addition, the Borough received a substantial increase in sewer fees from the Township of Parsippany-Troy Hills. Mr. Roberts said the Council made a wise decision earlier in the year when they voted to increase sewer fees by twenty-five percent (25%). Mr. Roberts stated that the budget information and presentation had been fully vetted by the Finance Advisory Committee.
Mr. Roberts said he and the Borough Manager are researching the possibility of combining the two (2) utilities. Doing so would require an Ordinance and an application to the Local Finance Board. Mr. Tovo said one concern he has is that the Borough’s largest cost for the sewer utility is the money paid to Parsippany. Parsippany’s rate increases are not controlled by the Borough and keeping the utilities separate would allow residents a better glimpse at the reasons for budgetary increases in the utilities. Mr. Tovo said this issue will be discussed with the Finance Advisory Committee and a recommendation will be made to the Borough Council.
Mayor Happer thanked Chief Bennett for his overtime analysis and boat cost analysis. In response to the Mayor’s questions regarding operations costs for the sailing camp, Chief Bennett stated that the Sailing Association only requested coverage for a four (4) week period. Mayor Happer asked the Chief to memorialize this request in his analysis. In reference to questions about staffing, Chief Bennett said it is his intent to find a Special Police Officer or Ranger who has a boat license and a first responder certification to operate the boat during the hours requested by the Sailing Camp.
10. *RESOLUTIONS:
R67-14 Resolution Authorizing the Redemption of Tax Title Lien 2013-001, Block 66, Lot 15
R68-14 Resolution Authorizing the Payment of Bills
11. *MINUTES:
February 24, 2014 (Regular)
12. *BOARD AND COMMISSION AND COMMITTEE APPOINTMENTS NONE
BOROUGH OF MOUNTAIN LAKES
MARCH 10, 2014
PAGE SEVEN
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Albergo |
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Borin |
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13. ATTORNEY REPORT
Mr. Oostdyk had no report.
14. MANAGER’S REPORT
Mr. Tovo said he has a meeting with Grey Supply on Thursday and will be reviewing the road resurfacing schedule.
15. COUNCIL REPORTS
Councilman Lester reported that he and Councilman McWilliams attended the Community Development Grant presentations.
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.
17. ADJOURNMENT at 9:55 PM
Motion made by Deputy Mayor Holmberg, second by Councilman McWilliams, to adjourn the meeting at 9:55 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: MARCH 10, 2014
________________________________ _______________________________
Michele Reilly, RMC, Borough Clerk Daniel J. Happer, Mayor