BOROUGH OF MOUNTAIN LAKES
BOROUGH HALL, 400 BOULEVARD, MOUNTAIN LAKES
973-334-3131
JULY 28, 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. in the municipal building.
2. ROLL CALL ATTENDANCE
Ms. Reilly called the roll. All Council members were present except for Councilman Albergo, who arrived at 7:35 pm. Also in attendance were Borough Manager Robert Tovo, Borough Attorney Robert Oostdyk, Borough Clerk Michele Reilly, Acting Chief Financial Officer D. Timothy Roberts, Department of Public Works Director Mark Prusina and Chief of Police Shawn Bennett.
3. PLEDGE OF ALLEGIANCE
Mayor Happer led the salute to the flag.
4. EXECUTIVE SESSION
RESOLTUION R97-14
Matters Relating to Litigation, Negotiations, and the Attorney-Client Privilege:
-Township of Parsippany-Troy Hills Open Space Application
Motion made by Councilman Lester, second by Deputy Mayor Holmberg, to enter into Executive Session with all members in favor signifying by “Aye”.
Motion made by Deputy Mayor Holmberg, second by Councilman Lester, 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 mentioned the annual Fourth of July fireworks and commented on the spectacular new pieces which were added to the display.
Mayor Happer also mentioned the recent concert on Island Beach, sponsored by the Recreation Department and featuring the Denville String Band.
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.
Fred Kanter – Hanover Road
Mr. Kanter said he felt that the Borough needs to install retro-reflective street signs on all streets in the Borough for safety reasons and in order to aid first responders. He questioned the need for unmarked Borough police vehicles. He also said he wants the Borough to ask for reimbursement of attorney fees paid in 2013 since no resolution was passed appointing a Borough attorney.
With no one else wishing to be heard, Mayor Happer closed the public comment portion of the meeting.
BOROUGH OF MOUNTAIN LAKES
JULY 28, 2014
PAGE TWO
7. DISCUSSION ITEMS
-Personnel Policy and Procedure Manual, Chapters 5-9
The Council discussed Chapters 5-9 of the revised personnel policy and procedure manual. Mayor Happer stated that the manual was a very good product. Mr. Tovo said job descriptions would be discussed at the next Borough Council meeting, followed by a resolution to accept the new manual.
-Borrowing in Relation to Funding Capital Projects
Mr. Tovo provided a Capital Project Update and told the Council that the Borough is on schedule with the completion of 2013 and 2014 capital projects. He said that funds need to be borrowed in order to pay for the remainder of the projects on the list as most will be complete by the end of 2014. Mayor Happer said that borrowing had been discussed at the Finance Advisory Committee meeting and the consensus was that borrowing should be combined for the 2013 and 2014 projects, as there are fees incurred each time the Borough borrows funds.
Councilman Lester mentioned the replacement of windows at The Station. The cost of the replacement is estimated at $5800 and Mr. Tovo said the cost is high due to the historic nature of the building. Councilman Lester stated he would like to ask the Historic Preservation Committee (HPC) to fund their replacement with the money that has been set aside to fund projects deemed to be historic in nature. The consensus of the Council was that Mr. Tovo would approach the HPC and discuss funding the project.
-Corrective Action Plan in Response to Recommendations in the 2013 Audit
Acting Chief Financial Officer D. Timothy Roberts said that the Borough Auditor issued two (2) recommendations. First, that all tax postings be properly recorded and agreed to the bank deposits and general ledger, and second that all monies be deposited with forty-eight (48) hours after their receipt. Mr. Roberts said that a glitch in the tax software program had been discovered and corrected so that no additional transactions can be processed until the open transaction is completed. In addition, tax collection funds are reconciled monthly with the Borough’s accounts. He said that he has had discussions with the staff regarding the timely deposit of funds and also that staff have been cross trained so that staff absence is not a factor. Mayor Happer said the audit recommendations had been discussed at the Finance Advisory Committee meeting.
8. ORDINANCE 08-14
ORDINANCE AMENDING CHAPTER 40 OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF MOUNTAIN LAKES AND ESTABLISHING A PROCEDURE FOR THE ISSUANCE OF ZONING PERMITS AND AMENDING THE FEES TO INCLUDE FEES FOR A ZONING PERMIT
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 40 entitled “Land Use Procedures” of the Revised General Ordinances of the Borough of Mountain Lakes, shall be amended by the inclusion of new section 40-49 entitled “Zoning Permits” which shall read in its entirety as follows:
40-49 Zoning Permits.
A. A zoning permit issued by the Zoning Officer shall be required for the following activities and it shall be a violation of this Chapter to engage in the following activities without first obtaining a zoning permit:
1. No person shall commence the construction, reconstruction, demolition, alteration, conversion or installation of a structure without first obtaining a zoning permit.
2. No person shall commence a use nor change an existing use of property without first obtaining a zoning permit.
3. Prior to the issuance of a building permit, a zoning permit certifying that the request conforms with the provisions of this chapter shall be issued.
B. A person desiring to obtain an official acknowledgement that an existing building, lot or use meets the requirements of the current Borough Zoning Ordinance may do so by obtaining a zoning permit. No other form of acknowledgement of zoning conformance shall be recognized by the Borough.
BOROUGH OF MOUNTAIN LAKES
JULY 28, 2014
PAGE THREE
C. The Zoning Officer shall issue a zoning permit where it is determined that at least one of the following conditions has been met:
1. The use is permitted as a permitted use in the proposed location and the structure and lot
meet all the requirements of the Land Use Ordinances; or
2. It is clearly established that the use exists as a nonconforming use and/or nonconforming structure; or
3. The use is permitted by the terms of a variance and the structure and lot meet all the conditions
of the variance or all the requirements of the Land Use Ordinances.
D. The Zoning Officer shall have the authority to promulgate any checklists and/or application forms necessary for the administration of this section.
E. Appeal. The granting or denial of a zoning permit may be appealed to the Zoning Board of Adjustment by any interested party pursuant to N.J.S.A. 40:55D-70a.
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 additional definition of “Zoning Permit” which shall read its entirety as follows:
ZONING PERMIT A document signed by the Zoning Officer which is required by this code as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion, or installation of a structure, and which acknowledges that such use, structure or building complies with the provisions of the Zoning Ordinance or an approved variance, or is a nonconforming use.
Section 3. Chapter 111, “Fees,” Section 111-3, Subsection L., shall be amended to read in its entirety as follows:
L. Zoning. The fee for a zoning permit shall be $50. When professional engineering review is required in conjunction with the issuance of a zoning permit, the applicant shall post an engineering escrow of $300, which shall be used to pay for engineering review. This escrow shall be replenished, if necessary, to complete the engineering review.
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 said that the Ordinance had been referred to the Planning Board and, as per the memo from Planning Board Administrator Cindy Shaw, the conclusion of the Planning Board was that the Ordinance contained no inconsistencies with the Master Plan.
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.
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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 |
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X |
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Bravo |
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X |
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X |
X |
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Lester |
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X |
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X |
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McWilliams |
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X |
X |
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X |
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Holmberg |
X |
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X |
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X |
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X |
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Happer |
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X |
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X |
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VOTE AS INTRODUCED ON JUNE 23, 2014 VOTE AS ADOPTED ON JULY 28, 2014
BOROUGH OF MOUNTAIN LAKES
JULY 28, 2014
PAGE FOUR
9. ORDINANCE 09-14
ORDINANCE AMENDING THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF MOUNTAIN LAKES AND UPDATING SECTION 229-13, ‘SCHEDULE IV: STOP INTERSECTIONS’
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 Revised General Ordinances of the Borough of Mountain Lakes, Section 229-13 entitled “Schedule IV: Stop Intersections,” shall be amended to read in its entirety as follows:
§ 229-13. Schedule IV: Stop Intersections. In accordance with the provisions of § 229-5A, the following intersections are designated as stop intersections:
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Location |
Direction of Travel |
At intersection of |
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Beechway Road |
East/West |
Hanover Road |
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Beechway Road |
East |
Kenilworth Road |
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Beechway Road from Mtn Lakes BOE property |
West |
Kenilworth Road |
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Beechway Road |
East/West |
Melrose Road |
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Beechway Road |
West |
Boulevard |
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Cobb Road |
East |
Boulevard |
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Cobb Road |
South |
North Briarcliff Road |
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Cobb Road/Elcock Ave |
South |
Cobb Road |
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Crestwood Drive |
North |
Lakewood Drive |
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East Shore Road |
South |
North Pocono Road |
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Hanover Road |
North |
Fanny Road |
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Kenilworth Road |
North |
Beechway Road |
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Laurel Hill Road |
North/South |
North Briarcliff Road |
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Laurel Hill Road |
North/South |
Tower Hill Road |
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Laurel Hill Road |
East |
Boulevard |
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Laurel Hill Road |
North |
Lowell Avenue |
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Littlewood Court (East Entrance) |
North |
Sherwood Drive |
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Littlewood Court (West Entrance) |
North |
Sherwood Drive |
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Lockley Court (East Entrance) |
South |
Sherwood Drive |
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Lockley Court (West Entrance) |
South |
Sherwood Drive |
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Lookout Road |
North/South |
North Briarcliff Road |
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Lookout Road |
North |
Lowell Avenue |
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Lowell Avenue |
East |
Cobb Road |
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Martins Lane |
East |
Boulevard |
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Martins Lane |
West |
Laurel Hill Road |
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Melrose Road |
North/South |
Beechway Road |
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North Briarcliff Road |
East |
Boulevard |
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North Crane Road |
West |
Boulevard |
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North Glen Road |
East |
Boulevard |
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North Glen Road |
West |
Crestview Road |
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Oakland Road |
West |
Boulevard |
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Oakland Road |
East/West |
Hanover Road |
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BOROUGH OF MOUNTAIN LAKES JULY 28, 2014 PAGE FIVE
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Location |
Direction of Travel |
At intersection of |
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Overlook Road |
East |
Boulevard |
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Powerville Road |
West |
Boulevard |
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Roberts Drive |
East |
West Shore Road |
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Tower Hill Road |
East |
Boulevard |
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Van Duyne Road |
East/West |
Lookout Road |
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West Shore Road |
South |
Roberts Drive |
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West Shore Road |
South |
North Pocono |
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Willow Drive |
North |
North Pocono Road |
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Woodland Ave |
East |
Ronarm Drive |
Section 2. 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 3. All Ordinances or parts of Ordinances, which are inconsistent herewith are hereby repealed to the extent of such inconsistency.
Section 4. 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 August 25, 2014.
Mayor Happer said that this Ordinance cleaned up the existing Ordinance and also provided for the placement of a new stop sign at the corner of Roberts Drive and West Shore Road near Birchwood Beach. Mr. Tovo said the Ordinance revisions and the new stop sign had been discussed with Chief Bennett and with the Public Safety Subcommittee. Mayor Happer thanked Chief Bennett for his diligence in revising the Ordinance over the past year.
VOTE AS INTRODUCED ON JULY 28, 2014
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Council Member |
By: |
2nd |
Yes |
No |
Abstain |
Absent |
By |
2nd |
Yes |
No |
Abstain |
Absent |
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Albergo |
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X |
X |
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Borin |
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X |
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Bravo |
X |
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X |
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Lester |
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X |
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McWilliams |
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X |
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Holmberg |
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X |
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Happer |
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10. ORDINANCE 10-14
ORDINANCE AMENDING CHAPTER 229 OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF MOUNTAIN LAKES, ‘SCHEDULE V: THROUGH STREETS’”
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 229 of the Revised General Ordinances of the Borough of Mountain Lakes shall be amended by the following amendment to Section 229-14, “Schedule V: Through Streets,” which shall read in its entirety as follows:
Name of Street Limits
Briarcliff Road Between Glen Road and Boulevard
Briarcliff Road Between Morris Avenue and Glen Road
Crane Road Between Boulevard and Morris Avenue
Crane Road Between Morris Avenue and Route 46
Glen Road Between Briarcliff Road and Boulevard
Intervale Road Between Midvale Road and Route 46
Intervale Road From Mountain Lakes-Parsippany-Troy Hills corporate line to Midvale Road
Lake Drive, Lake Drive-Dartmouth Road Between Lake Drive-Dartmouth Road and Boulevard
Lake Drive, Lake Drive-Dartmouth Road Between Morris Avenue and Lake Drive-Dartmouth Road
Midvale Road Between Lake Drive and Crescent Drive
Midvale Road Between Intervale Road and Crescent Drive
Morris Avenue Between Crane Road and Midvale Road
Morris Avenue Between Midvale Road and Fanny Road
North Glen Road Between Boulevard and Crestview Road
Powerville Road Entire length
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BOROUGH OF MOUNTAIN LAKES JULY 28, 2014 PAGE SIX
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Section 2. 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 3. All Ordinances or parts of Ordinances, which are inconsistent herewith are hereby repealed to the extent of such inconsistency.
Section 4. 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 August 25, 2014.
VOTE AS INTRODUCED ON JULY 28, 2014
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Council Member |
By: |
2nd |
Yes |
No |
Abstain |
Absent |
By |
2nd |
Yes |
No |
Abstain |
Absent |
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Albergo |
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X |
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Borin |
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X |
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Bravo |
X |
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X |
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Lester |
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X |
X |
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McWilliams |
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X |
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Holmberg |
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X |
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Happer |
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X |
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11. *RESOLUTIONS:
R98-14 Resolution Approving Corrective Action Plan in Response to Recommendations in the 2013 Audit
R99-14 Resolution Certifying Annual Audit
R100-14 Resolution Authorizing Chapter 159 Special Items of Revenue and Appropriations:
New Jersey Clean Energy Grant – 2014 Clean Communities Grant
R101-14 Resolution Authorizing Chapter 159 Special Items of Revenue and Appropriations:
New Jersey Clean Energy Grant – 2014 Alcohol Education and Rehab Grant
R102-14 Resolution Authorizing the Issuance of Not Exceeding $1,321,640 Bond Anticipation Notes
R103-14 Resolution Disbanding the Solid Waste Advisory Committee
R104-14 Resolution Authorizing the Overpayment of Taxes – Block 17, Lot 4 – Elfenbein
R105-14 Resolution Authorizing Membership in the New Jersey State Firemen’s Association – Wendler
R106-14 Resolution Authorizing the Payment of Bills
Prior to the Consent Agenda vote, Mayor Happer explained that Section 11 had been added to Resolution 102-14, the Resolution Authorizing the Issuance of Not Exceeding $1,321,640 Bond Anticipation Notes. Section 11 referenced Resolution 25-14, adopted by the Borough Council on January 2, 2014, authorizing the Treasurer and/or Chief Financial Officer, upon concurrence of the Mayor and Borough Manager, to sell Bond Anticipation Notes for a period not to exceed one year.
BOROUGH OF MOUNTAIN LAKES
JULY 28, 2014
PAGE SEVEN
Mayor Happer asked Mr. Roberts to comment on the mid-year financial review. Mr. Roberts said the report had been reviewed with the Finance Advisory Committee and that overall, expenditures look good. In addition, state aid is anticipated shortly.
Deputy Mayor Holmberg asked Mr. Tovo to research the shared agreement between Boonton Township and Mountain Lakes regarding the Township’s tanker truck. In addition, he asked Chief Bennett to research the Borough’s participation in drug education programs. Chief Bennett stated that once the Municipal Alliance Committee disbanded there were very few community participants and volunteers but said that Sergeant Benitez currently is running programs at the schools. The Chief told Deputy Mayor Holmberg he and the Department were open to ideas and suggestions.
12. *MINUTES:
June 23, 2014 (Regular)
13. *DEPARTMENT REPORTS:
Construction Department June 2014
Department of Public Works June 2014
Finance Department 2nd Quarter 2014
Fire Department June 2014
Health Department June 2014
Police Department June 2014
Tax Department June 2014
14. *BOARD AND COMMITTEE AND COMMISSION 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 |
X |
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Lester |
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X |
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McWilliams |
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X |
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Holmberg |
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X |
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Happer |
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X |
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15. ATTORNEY REPORT
Mr. Oostdyk had nothing to report. Deputy Mayor Holmberg asked Mr. Oostdyk if the Borough was in compliance with federal regulations regarding retro-reflective street signs. Mr. Oostdyk said that deadlines for the installation of retro-reflective signs no longer exist. Also, Mr. Oostdyk pointed out that retro-reflective signs are a Department of Transportation (DOT) regulation, not a federal law. Mr. Tovo said the Borough’s current policy is to put up retro-reflective signs when sign replacement is necessary, and signs on adjacent streets are also replaced at the same time. Mr. Tovo said the new signs are compliant with federal regulations and are black and white, and about fifteen percent (15%) of the signs in the Borough have been replaced. In response to Councilman Lester’s question, Mr. Prusina reported that the cost to replace all the remaining Borough signs would be approximately $50-$70,000, not including time and labor. Councilman Albergo asked Mr. Oostdyk to supply him with a copy of the regulation and Deputy Mayor Holmberg asked for a report of signs replaced.
16. MANAGER’S REPORT
Mr. Tovo said that paving will begin on the Crane Road and Briarcliff Road project on August 4th. He said he expects the project will take almost the entire month of August but will be complete before school begins. Mr. Tovo reported that the current plan is to evaluate these specific roads for potential paving projects in 2014: Park Lane, Pocono Road, North Pocono Road, Hanover Road, and Melrose Road. New Jersey Natural Gas will be paving Cobb Road between mid-August and September and at some point will also do some paving work in the Lake Arrowhead section of Mountain Lakes. Mr. Tovo said he expects the Kenilworth Road and Glen Road paving project to take place in late spring of 2015.
Mr. Tovo reported that the garbage bag vending machine has been ordered and he expects delivery in approximately six (6) weeks. The machine will accept debit and credit cards as well as cash and dispense both the large and small garbage bags, with the option to dispense another size bag if the Borough decides to add a third garbage bag size. Regarding garbage bags, Mr. Tovo said he had been approached by the Manager at Kings to sell garbage bags for the Borough on a non-commission basis. The consensus of the Council was that Mr. Tovo could make those arrangements.
BOROUGH OF MOUNTAIN LAKES
JULY 28, 2014
PAGE EIGHT
Mr. Tovo requested Council approval to explore other options for the Borough’s energy provider. The Borough currently has a cooperative agreement with NJSEM but Mr. Tovo said the results of a recent energy audit show the Borough could save almost an additional $12,000 per year by partnering with different energy providers. Mr. Tovo said the Borough is now tracking energy costs for both street lights and buildings with a new program called Facility Dude. The Council consensus was that Mr. Tovo could explore options with other vendors. Councilman Albergo asked about solar but Mr. Tovo said the Borough did not possess enough roof space to host solar panels. In addition, Mr. Tovo said that the Board of Education had experienced issues with the solar panels placed on the school roof.
Mr. Tovo said a new employee had been hired at the Department of Public Works (DPW). Ryan Dunn, a current Board of Education employee, was hired as the Junior Water Utility Serviceman. Mr. Tovo said Mr. Dunn has experience working with the DPW through the DPW/Board of Education shared service agreement and that he would be a fine addition to the staff.
Mr. Tovo mentioned that the owner of Bentlee’s had been issued permits to renovate the building.
17. COUNCIL REPORTS
Communications Advisory Committee – Councilman Lester said the Committee had narrowed its search to two (2) finalists and that the Committee had made a decision; however, Councilman Lester said the decision still had to be vetted with the Borough Manager and therefore he would not comment on the name of the vendor until the next Council meeting. Councilman Lester said he expects the new website to be up and running by October.
DPW Subcommittee – Councilman McWilliams said that Mr. Prusina had reported expensive repairs at Well #5. Mr. Prusina said one of the variable speed starters had to be replaced a few months ago, a second one was just replaced, and he expected to replace a third sometime soon and would be anticipating this cost in the capital budget. Councilman McWilliams also reported that the replacement of the lights on Wilkins Field was running smoothly, that the new tennis fob system at the courts would be implemented effective August 1st, and that studies would be taking place in order to determine the needs at the beaches.
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.
Cynthia Korman – Pollard Road
Ms. Korman asked for the location of the garbage bag vending machine. Mr. Tovo said the machine would be located at the rear of the Borough Hall, by the Police Station. Ms. Korman mentioned that her understanding was that the solar panels at the high school were not functioning well and that the vendor had subsequently gone out of business and therefore the promised return on the investment had not been realized. Mr. Prusina said he was not aware of any malfunctions but agreed that the administration of the solar program is in flux.
With no one else wishing to be heard, Mayor Happer closed the public comment portion of the meeting.
19. ADJOURNMENT at 9:25 PM
Motion made by Councilman McWiliams, second by Councilman Lester, to adjourn the meeting at 9:25 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: JULY 28, 2014
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Michele Reilly, RMC, Borough Clerk Daniel J. Happer, Mayor