BOROUGH OF MOUNTAIN LAKES

BOROUGH HALL, 400 BOULEVARD, MOUNTAIN LAKES

973-334-3131

www.mtnlakes.org

 

MAY 27, 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 in the municipal building.

2.             ROLL CALL

 

Ms. Reilly called the roll. All Council members were present except for Councilman Borin, who arrived at 8:39 p.m. Also in attendance were Borough Attorney James Bryce, Borough Manager Robert Tovo, Borough Clerk Michele Reilly, 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                                                                                                       NONE

                 

5.             COMMUNITY ANNOUNCMENTS

Mayor Happer spoke about the recent Memorial Day ceremony and its importance to the community and to the veterans. He thanked the Department of Public Works staff, the Police Department, all who helped coordinate the event, and especially the Memorial Day Committee. Councilman McWilliams thanked Miguel Bravo for laying flags all along the parade route on the Boulevard.

 

Deputy Mayor Holmberg commented on the success of Mountain Lakes Day. He thanked Jane Hayward and Chris Palazzi for heading the effort to rekindle this event. Mr. Tovo said the event was well attended but he was still waiting for the exact attendance figures.

 

Ms. Reilly reminded the audience about the June 3rd primary election.

 

6.             PUBLIC COMMENT

                Please state your name and address for the record. Each speaker is limited to one (1) comment of no more than 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.

 

7.             DISCUSSION ITEMS:                                                                                         NONE

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

BOROUGH OF MOUNTAIN LAKES

MAY 27, 2014

PAGE TWO

 

8.             ORDINANCE 05-14

                ORDINANCE AMENDING CHAPTER 245 AND 40 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.             Chapter 245, Section 245-20 entitled “Supplementary bulk regulation,” of the Revised General Ordinances of the Borough of Mountain Lakes, shall be amended by the following amendment to subsection A. which shall read in its entirety as follows:

 

A.  Lakefront exceptions.

(1)  It is the intent of this subsection that the view of the lake afforded existing houses or principal buildings on lakefront property shall be maintained to the extent reasonably achievable, balancing the rights of all parties. Where there is a neighboring house or principal building on an adjacent property, the setback distance from the lake of any proposed new house, addition or accessory structure shall be no less than the setback of the neighboring house or principal building, or 25 feet, whichever is greater. Where there are neighboring houses or principal buildings, on each side, on adjacent properties, the new setback distance shall be no less than the setback of a line drawn between the setbacks of the neighboring houses or principal buildings, or 25 feet, whichever is greater. Where the adjacent property is Borough-owned property, the next adjacent neighboring house or principal building shall be used to establish the setback as described above.  This provision shall not apply to accessory structures 5 feet or less in height.

 

(2) No structure shall be located within 25 feet of the shoreline of a lake, of the bank of a watercourse or within delineated wetlands.

 

Section 2.             Chapter 40, “Land Use Administration,” Section 40-3 entitled “Definitions,” of the Revised General Ordinances of the Borough of Mountain Lakes, shall be amended by the following amendment to the definition of “Setback line,” which shall read its entirety as follows:

 

SETBACK LINE

That line to which a building and any porches, patios or carports, whether to not enclosed, must be set back from the street line or lot lines. The setback distance shall be measured at right angles to the street line or lot line.  Short entrance stairs, driveways and walkways shall be excluded from setback requirements.

 

Section 3.             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 4.             All Ordinances or parts of Ordinances, which are inconsistent herewith are hereby repealed to the extent of such inconsistency.

 

Section 5.             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 hearing 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 hearing.

 

At Mayor Happer’s request, Ms. Reilly read a memo from Cynthia Shaw, Planning Board Administrator, which stated that the Planning Board conducted its regular meeting on May 22, 2014 during which time it reviewed proposed Ordinance 05-14. The Planning Board found Ordinance 05-14 to be consistent with the Master Plan.

 

 

 

 

 

 

 

 

 

 

 

 

BOROUGH OF MOUNTAIN LAKES

MAY 27, 2014

PAGE THREE

 

VOTE AS INTRODUCED ON MAY 12, 2014

 

Council Member

By:

2nd

Yes

No

Abstain

Absent

By

2nd

Yes

No

Abstain

Absent

Albergo

 

 

X

 

 

 

 

X

X

 

 

 

Borin

 

 

X

 

 

 

 

 

 

 

 

X

Bravo

 

 

X

 

 

 

 

 

X

 

 

 

Lester

 

 

X

 

 

 

 

 

X

 

 

 

McWilliams

X

 

X

 

 

 

 

 

X

 

 

 

Holmberg

 

X

X

 

 

 

X

 

X

 

 

 

Happer

 

 

X

 

 

 

 

 

X

 

 

 

                                               

 

               

 

 

 

 

 

 

 

 

 

 

 

 

9.             PUBLIC HEARING ON 2014 BUDGET AMENDMENT

 

BUDGET AMENDMENT 80-14

RESOLUTION TO AMEND BUDGET

                                                                                                                                                                               

WHEREAS, the local municipal budget for the year 2014 was approved on the 14th day of April, 2014; and                                                                                                                                                                                               

WHEREAS, the public hearing on said budget has been held as advertised; and                                                                                                                                                                               

WHEREAS, it is desired to amend said approved budget.                                                                                                                                                                        

NOW, THEREFORE, BE IT RESOLVED, by the Borough Council of the Borough of Mountain Lakes, County of Morris that the amendments to the approved budget of 2014 be made:                                                                                                                                                          

Summary of Revenues                                                                                                                     From                                      To                          

6. Amount to be Raised by Taxes for Support of Municipal Budget:                                                                                                        

                a) Local Tax for Municipal Purposes Including Reserve for Uncollected Taxes    5,604,564.50                         5,649,827.13

                                Total Amount to be Raised by Taxes for Support of Municipal Budget    5,604,564.50                         5,649,827.13      

7. Total General Revenues                                                                                                                                8,556,508.11                         8,601,770.74                

                                                                                                                                                                               

General Appropriations                                                                                                                                                                   

8. (A) Operations - Within "CAPS"                                                                                                                                                                   

                Employee Group Health Insurance                                                                                 395,000.00                            386,880.00         

                Total Operations - Within "CAPS"                                                                                     4,769,420.00                         4,761,300.00      

                Total Operations Including Contingent - Within "CAPS"                                              4,769,420.00                         4,761,300.00      

                                Detail:                                                                                                                                                                   

                                Other Expenses (Including Contingent)                                                          2,156,720.00                         2,148,600.00      

(H-1) Total General Appropriations for Municipal Purposes Within "CAPS"                           5,293,883.69                         5,285,763.69      

8. (A) Operations - Excluded from "CAPS"                                                                                                                                                                    

                Employee Group Health Insurance                                                                                                 -                                8,120.00              

                Total Other Operations - Excluded from "CAPS"                                                          266,400.00                            274,520.00         

                Total Operations - Excluded from "CAPS"                                                                     440,793.61                            448,913.61         

                                Detail:                                                                                                                                                                   

                                Other Expenses                                                                                                   440,793.61                            448,913.61         

 

8. (E) Deferred Charges - Municipal - Excluded from "CAPS"                                                                                                                                                   Special Emergency Authorizations - 5 Years (N.J.S. 40A: 4-55)                                               100,000.00                            200,000.00                

                Total Deferred Charges - Municipal - Excluded from "CAPS"                                   100,000.00                            200,000.00         

(H-2) Total General Appropriations for Municipal Purposes - Excluded from "CAPS"          1,709,256.11                         1,817,376.11      

(O) Total General Appropriations - Excluded from "CAPS"                                                        1,709,256.11                         1,817,376.11      

(L) Subtotal General Appropriations                                                                                                                7,003,139.80                         7,103,139.80                

(M) Reserve for Uncollected Taxes                                                                                                 1,553,368.31                         1,498,630.94      

                9. Total General Appropriations                                                                                       8,556,508.11                         8,601,770.74      

                                                                                                                                                                               

BE IT FURTHER RESOLVED, that two certified copies of this resolution be filed forthwith in the Office of the Director of the Division of Local Government Services for his certification of the local municipal budget so amended.            

 

BE IT FURTHER RESOLVED, that this complete amendment, in accordance with the provisions of N.J.S.A. 40A:4-9, be published in the Daily Record three (3) days prior to the public hearing and that said publication contain notice of public hearing on said amendment to be held at Borough Hall on May 27, 2014 at 8:00 o'clock (p.m.).                   


BOROUGH OF MOUNTAIN LAKES

MAY 27, 2014

PAGE FOUR

 

Mayor Happer explained that the required notice of public hearing on the adoption of the municipal budget as amended had been published and that following the public hearing on the amendment he would request a motion to adopt the amended budget.

 

Mayor Happer opened the public hearing 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 hearing.

 

10.          BUDGET RESOLUTION (carried from 5.12.14)

R84-14   Adoption of 2014 Municipal Budget

 

BE IT RESOLVED, that the Borough Council of the Borough of Mountain Lakes, in the County of Morris, State of New Jersey, hereby adopts the 2014 Municipal Budget set forth herein and shall constitute an appropriation for the purposes stated of the sums therein set forth as appropriations, and authorization of the amount of $5,649,827.13 for municipal purposes.

 

VOTE AS APPROVED APRIL 14, 2014

Council Member

By:

2nd

Yes

No

Abstain

Absent

By

2nd

Yes

No

Abstain

Absent

Albergo

 

 

X

 

 

 

 

 

X

 

 

 

Borin

 

 

X

 

 

 

 

 

 

 

 

X

Bravo

 

 

X

 

 

 

 

X

X

 

 

 

Lester

 

 

X

 

 

 

X

 

X

 

 

 

McWilliams

X

 

X

 

 

 

 

 

X

 

 

 

Holmberg

 

X

X

 

 

 

 

 

X

 

 

 

Happer

 

 

X

 

 

 

 

 

X

 

 

 

                                                               

 

                                                                               

 

 

 

 

 

 

 

 

 

 

 

 

11.          *RESOLUTIONS:

                R82-14   Resolution Authorizing 2014 Municipal Employees’ Salary (carried from 5.12.14)

                R85-14   Resolution Authorizing the Redemption of Tax Title Lien 2013-002 – Block 73, Lot 24

                R86-14   Resolution Requesting Permission for the Dedication By Rider For

                                                Shade Tree Purposes

                R87-14   Resolution Authorizing the Award of Contract for the Crane Road and Briarcliff Road

                                                Repaving Project

                R88-14   Resolution Authorizing the Payment of Bills

 

Prior to the Consent Agenda vote, Mr. Tovo explained the term dedication by rider. In this case, funds specifically collected from third party sources for Shade Tree, i.e. donations, would be placed in a separate account and used exclusively for Shade Tree purposes. In addition, at the end of the year, any extra funds would remain in the account and would not collapse into the general fund. Mr. Roberts explained that the Borough had set up other dedication by riders as required and he would email the list of funds to all Borough Council members.

 

Councilman Lester asked for more detail in the Department of Public Works monthly reports and Mr. Tovo said he would discuss this with Mr. Prusina. Mr. Tovo said that PubWorks may be able to generate better reports once the system is being utilized regularly.

 

12.          *MINUTES:

                May 12, 2014 (Regular)

 

13.          *DEPARTMENT REPORTS:

                Construction Department                  April 2014

                Department of Public Works             April 2014

                Fire Department                                  April 2014

                Health Department                             April 2014

                Police Department                              April 2014

                Tax Department                                   April 2014

 

14.          *BOARD AND COMMISSION AND COMMITTEE APPOINTMENTS                                          NONE

 

 

 

 

 

 

 

BOROUGH OF MOUNTAIN LAKES

MAY 27, 2014

PAGE FIVE

 

 

Council Member

By:

2nd:

Yes

No

Abstain

Absent

Albergo

 

X

X

 

 

 

Borin

 

 

X

 

 

 

Bravo

 

 

X

 

 

 

Lester

 

 

X

 

 

 

McWilliams

X

 

X

 

 

 

Holmberg

 

 

X

 

 

 

Happer

 

 

X

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

               

 

15.          ATTORNEY REPORT

 

Mr. Bryce had nothing to report.

 

16.          MANAGER’S REPORT

 

Mr. Tovo reported that he had contacted the Borough of Madison as requested at the last meeting in reference to the Sister Cities program. Mr. Tovo said that while he feels the program might offer some benefits to the Borough and its residents, he recommends further study into the advantages of the program and also recommends identifying the programs and activities the Borough might wish to share with a city it chooses to sister with. The consensus of the Council was that it was worth further evaluation to determine if a sister city arrangement is in the best interests of the community and also that such a program should be a program led and maintained by residents. Mr. Tovo will contact William duTertre, the High School student who requested a sister city, and ask him to provide more detailedl information.  Council members also suggested that Mr. duTertre could partner with the UN Committee and Mr. Tovo said he would relay that information to Mr. duTertre.

 

Mr. Tovo told the Council that he had recommended the cancellation of the 2013 Borough Hall roof replacement project to the DPW Subcommittee and was recommending the same to them. Mr. Tovo said that a substantial patch job, combined with waterproofing the building, would temporarily fix the current issues and that the roof repairs would last for at least five (5) years. Mr. Tovo said he would prefer to spend funds on the patching and waterproofing versus a total roof replacement as originally planned due to the possibility that the Board of Education might relocate its offices to a school within the next few years. If the Board of Education does relocate, the Borough would be able to renovate the current Borough Hall building in order to accommodate the existing departments. A renovation would include a redesign of the HVAC system, which is on the roof. Mr. Tovo said it was not sensible to proceed with the total roof replacement at this time and he would prefer to cancel the project and redirect the funds to road resurfacing. The consensus of the Council was that it was a good suggestion to delay the roof replacement project and dedicate funds to road resurfacing. They instructed Mr. Tovo and Mr. Roberts to prepare an amendment to the capital Ordinance for introduction at the next meeting.

 

The Borough Council discussed the school election and the consensus was if the Board of Education did not take action at their meeting scheduled for June 2nd, the Council would revisit the issue.

 

The Borough Council also discussed the plan for lights at the turf field located at the High School. Concerns were voiced over the impact to the Borough and to residents, such as overtime and parking/safety issues. Mr. Tovo said that the Board of Education had made a courtesy presentation to the Planning Board recently and had touched on some of these issues. Mr. Tovo said Chief Bennett was comfortable that his department could provide staffing for night-time events and the Board of Education can be billed for police overtime so there should be no impact to the municipal budget. In addition, Mr. Tovo said the Board wants to encourage parking at the High School and not on Glen Road. It was suggested that the Borough consider allowing parking on only one side of Glen Road during night time events.

 

Mr. Tovo said beach tag sales will begin on June 2nd and he expects lifeguards at the beaches beginning the week of June 21st. He said the beaches are in good shape and there will be a large sand delivery at Island Beach. Councilwoman Bravo mentioned that there are many dogs on the beach at Birchwood and residents are not reading or following the beach rules as posted on the sign. Mr. Tovo encouraged any resident who witnesses a violation to call the police. In addition, he said he will follow up with Mr. Prusina regarding the signs and their placement.

 

 

 

 

 

 

 

 

 

BOROUGH OF MOUNTAIN LAKES

MAY 27, 2014

PAGE SIX

 

 

17.          COUNCIL REPORTS

 

DPW Subcommittee – Councilman Albergo mentioned he had set up a meeting on Monday, June 2nd, with Mark Prusina, the Borough’s Water Commissioner, regarding the Master Water Usage Plan. In addition, Councilman Albergo said Mr. Prusina had shown the subcommittee the new park signs, which will be used by the Woodlands Committee and the Recreation Commission. Several Borough Council members requested that Mr. Tovo ask Mr. Prusina to bring the signs to the next meeting.

 

Solid Waste Advisory Committee – Councilman McWilliams said he will be presenting a discussion item at the second meeting in June regarding the absorption of the Committee into the Environmental Protection Commission. In addition, he expects to present a resolution at the same meeting in order to finalize the process. He said that one member of the Solid Waste Advisory Committee who is already a member of the Environmental Commission (EC) will remain on the EC as a liaison to the DPW Subcommittee.

 

Library Board of Trustees – Deputy Mayor Holmberg attended the quarterly meeting and said the Library Board is making plans to celebrate its centennial next year and is discussing a fundraiser for December. He said they have many new programs, such as one featuring Mountain Lakes’ own Pulitzer Prize winning author. Deputy Mayor Holmberg said the Library Board is also discussing internal and external renovations to the building

 

Shared Services Subcommittee – Councilwoman Bravo said the Subcommittee would be reviewing the Denville court agreement, which expires in May of 2015. In addition, she asked Mr. Tovo about the status of the shared service agreement with the Board of Education and Mr. Tovo said he was waiting for a reply from the Board regarding the passing of the resolution and the date for the next meeting.

 

Woodlands Advisory Committee – Councilwoman Bravo told the Council that there are Ladies Slippers blooming at Birchwood. Also, the Ash Borer, an invasive insect, has been sited in Somerset County. Councilwoman Bravo said that the Committee is working with Patty McElduff from the High School to develop a 2015 Senior Service Project.

 

Communications Advisory Committee – Councilman Lester said the Committee is gathering information from eight (8) vendors and expects to have results compiled by June 15th.

 

Mayor Happer asked Council members to review the 2014 goals and said he expected to have a mid-year goal discussion at the second June meeting. In addition, he said that the first few chapters of the new Personnel Policy and Procedure Manual would be discussed at the next meeting.

 

18.          PUBLIC COMMENT

                Please state your name and address for the record. Each speaker is limited to one (1) comment of no more than 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.

 

19.          ADJOURNMENT at 9:37 PM

 

Motion made by Deputy Mayor Holmberg, second by Councilman Albergo, to adjourn the meeting at 9:37 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:                MAY 27, 2014

 

________________________________                    

Michele Reilly, RMC, Borough Clerk                                               Daniel J. Happer, Mayor