BOROUGH OF MOUNTAIN LAKES
BOROUGH HALL, 400 BOULEVARD, MOUNTAIN LAKES
973-334-3131
MARCH 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 March 24, 2014 and posted in the municipal building.
Mayor Happer called the meeting to order at the Mountain Lakes High School at 7:30 p.m.
2. ROLL CALL
Ms. Reilly called the roll. All Council members were present. Also in attendance were Borough Attorney Robert Oostdyk, Borough Manager Robert Tovo, Borough Clerk Michele Reilly, Borough Engineer Bill Ryden, Police Chief Shawn Bennett and Fire Chief Matt DeSantis.
3. PLEDGE OF ALLEGIANCE
Mayor Happer led the salute to the flag.
4. EXECUTIVE SESSION
RESOLUTION 69-14
Matters Relating to Litigation, Negotiations and the Attorney-Client Privilege:
-Tax Appeal Settlement: Mountain Lakes Associates, Block 6, Lot 14, 420 Boulevard
Motion made by Deputy Mayor Holmberg, second by Councilman Lester, to enter into Executive Session with all members in favor signifying by “Aye”.
Motion made by Councilman Lester, second by Councilman Albergo, 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
Mayor Happer offered condolences to the family of Lew Ludwig, former Principal of Mountain Lakes High School.
Councilwoman Bravo offered condolences to the family of Ruth Harrison, a long-time resident and mentor. She recognized Mrs. Harrison and her husband Bill, deceased in 2010, for their years of service to the community. Deputy Mayor Holmberg mentioned that a service would be held for Mrs. Harrison on April 13th at 2:00 pm.
Deputy Mayor Holmberg recognized Councilwoman Bravo’s birthday.
Deputy Mayor Holmberg mentioned the sports program being held this Thursday for parents and Friday for coaches featuring a nationally known speaker.
Councilman McWilliams said that the following events will take place on April 26th: shredding day, a blood drive, Trash Day, and Operation Takeback for unused and unwanted medication.
Deputy Mayor Holmberg said a town-wide cleanup would also take place on the 26th of April, in conjunction with the schools and the Department of Public Works.
Mayor Happer reminded those in attendance that the Borough Council was accepting nominations for the Citizen of the Year and Janice Hunts Lifetime Achievement Awards. Nominations are due to the Clerk no later than noon, April 2nd.
BOROUGH OF MOUNTAIN LAKES
MARCH 24, 2014
PAGE TWO
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, Mountain Lakes
Mr. Kanter addressed a variety of issues including his suggestion that the Borough Council hold meetings at the school in order to save taxpayer money by sharing a PA system, his right to know the process for selecting Borough professionals, his dissatisfaction with the fact that the Borough Council did not select an attorney by resolution in 2013, his dissatisfaction with the lack of information available at public meetings, and his assertion that the last executive session did not conform to the requirements set by the Open Public Meetings Act.
With no one else wishing to be heard, Mayor Happer closed the public comment portion of the meeting.
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.
If adopted this Ordinance shall take effect after publication and passage as provided by law.
BOROUGH OF MOUNTAIN LAKES
MARCH 24, 2014
PAGE THREE
CONTINUATION OF PUBLIC HEARING
Borough Attorney Robert Oostdyk stated that this was the continuation of the public hearing on the Ordinance and that any comments expressed at the last Borough Council meeting were already part of the official record.
Mr. Tovo stated that the Borough Council and the administration were aware that there were questions regarding the Borough’s aquifer and the firm capacity; however, based on the Borough Engineer’s analysis the Borough Council can move forward with the rezoning. Mayor Happer said that he would like to establish a group to look into the Borough’s water usage and would like to have this listed on the agenda for discussion at the second meeting in April.
At Mayor Happer’s request Borough Engineer Bill Ryden addressed the Council and reaffirmed that the Borough does have the firm capacity available for the project being contemplated. He said that firm capacity calculations are determined by the New Jersey Department of Environmental Protection (NJDEP) and are based on the water sources available to the Borough minus the largest water source. He said the Borough’s daily capacity is 1,074,000 gallons a day and that the Borough uses an average of 903,000 gallons a day, leaving 171,000 gallons to allocate to new projects. The hotel project, with 132 rooms and laundry facilities, is projected to use on average 30,000 gallons per day. Tripling that figure, as required by the NJDEP, would equal an average of 90,000 gallons per day, still within the 171,000 gallons left available.
In addition to daily capacity, Mr. Ryden said monthly and annual capacity must be considered. Based on the permit from the New Jersey Division of Water Allocation, the Borough is allowed to use thirty (30) million gallons of water per month. The Borough’s peak monthly consumption is twenty-eight (28) million gallons, leaving an additional supply of two (2) million gallons per month. The hotel is projected to add 1.4 million gallons of water per month to the Borough’s totals. Annually, the Borough is entitled to use 285 million gallons, and the average annual consumption is 218 million gallons.
Mayor Happer asked Mr. Ryden about the ramifications if the Borough exceeded its monthly limit. Mr. Ryden stated that the NJDEP would issue a directive to the water system to conduct a study in order to reduce consumption and develop a water management plan. In addition, there would be a five (5) year minimum ban on any new connections to the Borough’s water system. Mr. Ryden said if restrictions were imposed it would not mean the residents would have to turn off sprinklers.
In response to Council questions Mr. Ryden stated that the before permission and a permit is given by the NJDEP for the connection to the Borough’s water system, water usage numbers associated with the hotel project would have to be verified by the NJDEP.
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, Mountain Lakes
Mr. Kanter asked Mr. Ryden if plans submitted for the hotel project will have to include curb cuts for the handicapped, pointing out that there was no handicap access included in the improvements done at Cove Park. Mr. Kanter stated he was in favor of the hotel project.
Lynn Pearson - Rainbow Trail, Parsippany
Ms. Pearson stated she was a Parsippany resident and a member of the Environmental Committee. She thanked those Mountain Lakes officials who participated in the Rainbow Lakes tour. She said that Parsippany officials were in budget hearings and could not attend tonight’s meeting. She said her biggest issues with the project were the height of the building and she felt the building would be visible over the tree line and would be a frame over the lake and a detriment to the aesthetics. She asked the Borough Council to be good neighbors and said she looked forward to working with Mountain Lakes should the Ordinance pass.
Nicolas Homyak – Lake Hiawatha
Mr. Homyak said the proposed project was neither protective nor considerate and would further degrade the quality of available water. He said water is not a commodity but a resource and asked that the Council think hard about the water issue. He also requested that the Council think of the region and not just Mountain Lakes and said he feels that the site design is not conservative minded and that five (5) stories is not traditional or historic.
Anthony Mancuso – Overlook Terrace, Parsippany
Mr. Mancuso said he agreed that water should be conserved. He also said that if Mountain Lakes ever needed to buy water they would have to approach Parsippany and the Parsippany voters would have a say in whether or not Mountain Lakes could purchase water and at what cost.
Ann McCarthy – Cobb Road, Parsippany
Ms. McCarthy said she has a direct view of the Villa property in the winter and was concerned that a hotel would cause a drop in her property values. She asked the Council to be respectful of lake views and said she is frightened that her small lake might become a dry lake.
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MARCH 24, 2014
PAGE FOUR
Jeff O’Sullivan – Morris Avenue
Mr. O’Sullivan asked about DEP studies and penalties. He questioned if they applied after the first time the Borough might exceed the monthly water allotment or if there was any grace period. Mayor Happer said the DEP restrictions would apply after the first time. He also wondered who would have to pay for any water studies requested by the NJDEP.
Sandy Batty, Lockley Court, Mountain Lakes
Ms. Batty said she has concerns relating to the height of the project and asked the Council not to disregard aesthetics. Also, she said the Borough may not see the implications of water consumption right away but could over time. She mentioned parking issues and spoke about previous problems with South City restaurant even though valet parking was utilized. Finally, she said that there are three (3) hotels within a half mile of the Borough and none are five (5) stories and some, like Embassy Suites, sit below grade.
Mr. Kanter asked to speak again, stating that he had not used his entire five (5) minutes and Mayor Happer agreed to allow him an additional two (2) minutes of comment.
Fred Kanter – Hanover Road, Mountain Lakes
Mr. Kanter expressed his concerns about Mr. Ryden’s calculations and said the Borough should take them to another qualified engineer for verification.
Gerry Manning – Rainbow Lakes, Parsippany
Mr. Manning said he is a former President of the Community Club in Rainbow Lakes. He mentioned that last year Mountain Lakes residents came to Parsippany meetings in order to object to a proposed project in Parsippany. He expressed two major concerns; the first, that the proposed structure was too high and the second, runoff. He said there are six (6) lakes in Rainbow Lakes and the biggest is behind the hotel and there is bound to be runoff. He said he is not stating not to build the hotel and agrees with the Villa owner’s assertion that he is turning down business.
George Jackson – Sherwood Court, Mountain Lakes
Mr. Jackson identified himself as a former member of the Borough Council and said he is pro redevelopment, but in this particular case he feels the parameters are not appropriate and are not consistent with the development along the Route 46 corridor. He objected to the height of the hotel and stated that additional parking, traffic, and fire safety problems will occur. He asked the Council to be very careful about the precedent they would be setting by passing the Ordinance.
Rob (last name not audible) – Farmstead Road, Denville
The speaker stated he supported the project and thought it would be good for the economy. He said he felt that no one will notice the height once the project has been completed and everyone would be happy.
Steve Arnold – Craven Road, Mountain Lakes
Mr. Arnold cautioned against setting a precedent and asked for a list of 50-60 foot high buildings in the area. He questioned Mr. Ryden’s calculations and asked if the Borough has ever reported using in excess of thirty million gallons of water. Mr. Ryden replied yes, in 2005 and 2006.
Mark Hayward - Lookout Road, Mountain Lakes
Mr. Hayward asked if the hotel structure would be visible from any spot North of the Cove. Councilman Lester pointed out that the cell tower at Borough Hall was one hundred feet (100) tall and not visible. Mr. Hayward said he was not against the project but that visibility should be considered. Councilwoman Bravo suggested a computer aided drawing be provided, as was done when the cell tower was built.
David Shaw – Valley Road, Mountain Lakes
Mr. Shaw said he is a residential and commercial property owner and asked the Council to consider the project for the betterment of Mountain Lakes.
Rein Aasma – Lakewood Drive, Mountain Lakes
Mr. Aasma stated his support for the project. He said that he was at a campaign event approximately six (6) years ago and he remembers all the candidates discussing shared services and redeveloping the business corridor. He said he had brought with him a campaign flyer from two (2) years ago which states the same thoughts about redeveloping the business corridor. He pointed to the Mountain Lakes Animal Hospital and the Wilson School as examples of what happens when businesses don’t keep up with the times and said he doesn’t want the same to happen at the Villa.
Jane Hayward – Lookout Road, Mountain Lakes
Ms. Hayward said she was here to support the project and would support the Council if they voted affirmatively to rezone.
BOROUGH OF MOUNTAIN LAKES
MARCH 24, 2014
PAGE FIVE
Stephen Shaw – Point View Place, Mountain Lakes
Mr. Shaw thanked the Council for their time and work on behalf of the community and for considering the redevelopment of the business zone. He said that he has served on the Planning Board and that the process of gaining approval from the Planning Board is a lengthy one, with public hearings required and fifteen (15) items on the checklist which need to be provided. He said the Villa is already a fully developed site and the proposed project will actually reduce the amount of impervious coverage so there should be no runoff issue. He stated that the project engineer has verified the height of nearby railroad poles is sixty-two (62) feet and these poles are below the tree line; therefore, the hotel should not be seen. Finally, he said that yes, parking had been a problem at South City but offered that the parking situation was better than the current situation, which is a defunct restaurant. Mr. Shaw said he is looking forward to working in a collaborative and constructive way with the Council.
George Jackson – Sherwood Court, Mountain Lakes
Mr. Jackson stated again that he was not opposed to redevelopment but it should be done with the appropriate parameters.
Jim Jones – Morris County Economic Development Corporation (MCDEC)
Mr. Jones, the Executive Director, stated that there are several office buildings locally, near Routes 287 and 80, which are sixty (60) feet high and five (5) stories tall. He cited 2001 Route 46/Waterview and 1725 Route 46 in Parsippany.
Jerry Frungillo – Villa, Route 46, Mountain Lakes
Mr. Frungillo thanked the Council for their support and asked to address his neighbors in the audience. He stated that he will be investing a large amount of money in the project and that economically he needs a certain number of rooms in order to attract a good quality hotel partner. He said he plans to do the project the right way in order to help everyone, and that for at least nine (9) months of every year the hotel will not be noticeable due to the foliage. He said he has a lot of money to lose if the project is not a success.
With no one else wishing to be heard, Mayor Happer closed the public comment portion of the meeting.
Mayor Happer stated that the Borough Council had continued the public hearing in order to give citizens more time to consider the project. Councilman Lester said that he had approached John Cesaro, a Parsippany resident and Morris County Freeholder, after the last Borough Council meeting. Mr. Cesaro had brokered a meeting with residents from Rainbow Lakes, whose biggest concern was that they wanted to be part of the process. Councilman Lester asked Mr. Frungillo to include his neighbors in his project and Mr. Frungillo said he would do so. Councilwoman Bravo said that the Master Plan states the need for redevelopment but also states the need to include neighbors and their concerns, and she thanked Mr. Frungillo for including his neighbors in his plans.
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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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X |
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Borin |
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X |
X |
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X |
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Bravo |
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X |
X |
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X |
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Lester |
X |
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X |
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X |
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McWilliams |
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X |
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X |
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Holmberg |
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X |
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X |
X |
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Happer |
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8. *RESOLUTIONS:
R70-14 Resolution Authorizing Membership in the New Jersey State Firemen’s Association - Salmon
R71-14 Resolution Authorizing the Settlement of a Tax Appeal – Borough of Mountain Lakes vs. Mountain Lakes Associates,
Block 6, Lot 14, 420 Boulevard
R72-14 Resolution Authorizing the Redemption of Tax Title Lien 2012-004, Block 121, Lot 1
R73-14 Resolution Authorizing the Payment of Bills
9. *MINUTES:
March 10, 2014 (Executive)
March 10, 2014 (Regular)
10. *DEPARTMENT REPORTS:
Construction Department February 2014
Department of Public Works February 2014
Fire Department February 2014
Health Department February 2014
Police Department February 2014
BOROUGH OF MOUNTAIN LAKES
MARCH 24, 2014
PAGE SIX
11. *BOARD AND COMMISSION AND COMMITTEE APPOINTMENTS NONE
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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 |
X |
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X |
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Bravo |
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X |
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Lester |
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X |
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McWilliams |
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Holmberg |
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Happer |
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12. ATTORNEY REPORT
Mr. Oostdyk had no report.
13. MANAGER’S REPORT
Mr. Tovo said he had been approached by Deputy Mayor Holmberg and some community volunteers in reference to sponsoring a town-wide block party following the Memorial Day Parade. Mr. Tovo requested the Council’s permission to discuss this issue in more detail at the next meeting. The Council members agreed.
Mr. Tovo stated that the projected date for the completion of the Boulevard repaving is June of 2014. Mr. Tovo also stated that he has met with representatives from New Jersey Natural Gas and their subcontractor in order to coordinate paving projects and to maximize the amount of road resurfacing to take place.
14. COUNCIL REPORTS
Shade Tree Commission – Deputy Mayor Holmberg reported that the Commission will be meeting with the arborist shortly.
DPW Subcommittee – Deputy Mayor Holmberg reminded the Council that the Midvale boat racks are due to be replaced.
Mayor Happer asked Mr. Tovo to review the capital projects with the Council after the budget is passed.
Woodlands Committee – Councilwoman Bravo said the beavers are back at Birchwood. The Committee is planting seedlings during Easter weekend. She said the Woodlands Committee is a very active community group and they need volunteers.
15. 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.
Steve Shaw – Point View Place, Mountain Lakes
Mr. Shaw thanked the Council for their hard work and effort. He said he wanted to reaffirm the Villa’s commitment to developing a project everyone in Mountain Lakes could be proud of.
Jerry Frungillo – Villa, Route 46, Mountain Lakes
Mr. Frungillo echoed the comments made by Mr. Shaw.
Nicholas Homyak – Lake Hiawatha
Mr. Homyak asked if he would be allowed to submit a nomination for the Citizen of the Year Award and was told to speak with the Borough Clerk.
Fred Kanter – Hanover Road, Mountain Lakes
Mr. Kanter addressed the issue of process. He said he understands the process for rezoning but does not understand the process for choosing the Borough Attorney. He said it is unethical that the attorney served in 2013 without a supporting resolution. He stated that he wants an apology for being misled as the process is that there is no process. Also, he stated that Mr. Ryden should apologize to the Borough Council for the paving calculation mistakes he made.
BOROUGH OF MOUNTAIN LAKES
MARCH 24, 2014
PAGESEVEN
With no one wishing to be heard, Mayor Happer closed the public comment portion of the meeting.
16. ADJOURNMENT at 9:35 PM
Motion made by Councilman McWilliams, second by Deputy Mayor Holmberg, to adjourn the meeting at 9:35 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 24, 2014
________________________________ _______________________________
Michele Reilly, RMC, Borough Clerk Daniel J. Happer, Mayor