BOROUGH OF MOUNTAIN LAKES

BOROUGH HALL, 400 BOULEVARD, MOUNTAIN LAKES

973-334-3131

www.mtnlakes.org

 

AUGUST 25, 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 7:32 pm, and Councilman Borin, who was absent.  Also in attendance were Borough Manager Robert Tovo, Borough Attorney Robert Oostdyk, Borough Clerk Michele Reilly, Chief of Police Shawn Bennett, Fire Chief Matthew DeSantis, and Department of Public Works Director Mark Prusina.

 

3.             PLEDGE OF ALLEGIANCE

Mayor Happer led the salute to the flag.

4.             EXECUTIVE SESSION                                                                                      
                RESOLTUION R107-14

 

                Matters Relating to Litigation, Negotiations, and the Attorney-Client Privilege:

                -Township of Parsippany-Troy Hills Open Space Application

                -Tax Appeal Settlement: Hernando, Michael T. & Connie, Block 56, Lot 21

                -Tax Appeal Settlement: Plonski, Joseph & Lori, Block 65, Lot 6

                -Authorizing Release of the Minutes of Executive Sessions

               

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 Albergo, 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 last week’s movie night at Island Beach, which was sponsored by the Recreation Department and was well-attended by residents.

 

Mayor Happer also mentioned the ice bucket challenge/ALS fundraiser and said he had completed the challenge issued by Councilwoman Bravo.

 

Councilman McWilliams announced that Brian Kessler, Hannah Tomaszek, Conor Reilly and Mark Richards completed their Firefighter 1 training at the Academy. He also announced that Brian Kessler was first in his class. Councilwoman Bravo encouraged Chief DeSantis to issue a press release with this information.

 

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.

 

Before opening the public comment portion of the meeting, Mayor Happer announced that the Township of Parsippany-Troy Hills has identified approximately nine (9) acres of undeveloped upslope areas located on land identified as Block 421, Lot 29 on the official Tax Map of the Township of Parsippany-Troy Hills and fronting on Intervale Road that it desires to acquire, preserve and maintain in its natural state and dedicate those areas for purposes of recreation, conservation, and wildlife habitat preservation.

 

 

 

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AUGUST 25, 2014

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Mayor Happer said that in June, the Township passed Resolution 2014-082, authorizing the Mayor to apply to the Morris County Open Space and Farmland Preservation Trust for the acquisition of aforementioned parcel and the Township did apply. Mayor Happer stated that the Borough received a request for support for the application from the Mayor of Parsippany and that the Council has reviewed  the application and will be voting on a resolution of support for Parsippany’s efforts to own, protect, and maintain their public lands. The support parameters include: a minimum distance of one hundred eight (108) feet from the edge of the right of way on Intervale Road and no more than a fifteen (15) foot grading easement, preserve in its natural state for the maintenance of local ecosystems, and to promote recreation, conservation, and wildlife habitat preservation. Mayor Happer noted that the resolution and any support offered by the Borough Council relates only to the aforementioned application and does not reflect any potential development of adjacent properties.

 

Mayor Happer asked the public to make any comments regarding the resolution during the public comment session and not during the public hearings for the three (3) Ordinances listed on the agenda.

 

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 reminded the Council that they were in the second half of the year and approaching the Reorganization meeting, which is typically when the Borough appoints its professionals. He said he hopes for a better Council decision regarding the selection of engineer and attorney for 2015. He said that the Borough Attorney served in 2013 without the Council adopting a legally required resolution. He said he feels the attorney should be disqualified for future selection for failing to bring to the Council’s attention the fact that a resolution was required. He said the attorney should refund the Borough any monies paid for 2013. In addition Mr. Kanter said he feels Cove Park is an embarrassment.

 

Andrew Wall – Lookout Road

Mr. Wall said that he had previously presented a letter to Mr. Tovo. Mr. Wall stated that he worked out at the YMCA and that Fanny Road was not safe for those who walk to the Y. He said as a person with a disability who doesn’t drive he requires a safe way to get to and from the facility. He requested that the town repair, maintain, and light the fire lane which runs from Oakland Road to the back parking lot of the YMCA.

 

Mr. Tovo said Mr. Prusina had already been instructed to remove vegetation and resurface the lane with stone. Mr. Tovo said paving the lane was a possibility. In addition, Mr. Tovo said that lighting and sharing the cost for the project has been discussed with the management of the YMCA; however, due to a recent change in leadership at the YMCA the issue will need to be re-addressed. Mayor Happer asked Mr. Tovo to keep the Council informed, and Councilwoman Bravo asked Mr. Wall to do the same.

 

Arthur Muti – Lake Drive

Mr. Muti said it had been his privilege to be the chairman of the Fifty-Five Plus Committee for three (3) years but he has tendered his resignation and can no longer serve on the Committee. He stated that he was concerned for the survival of the organization and that the organization was having a difficult time with volunteerism. He suggested the possibility of Recreation involvement in the Committee and the programs they offer.

 

Mayor Happer thanked Mr. Muti for his service.

 

Kevin Dolan – Crescent Drive

Mr. Dolan expressed concerns about the bears in the area and asked the Borough Council for a solution. His suggestions included shipping bears out of state.

 

At Deputy Mayor Holmberg’s request, Chief Bennett responded that the Borough is under very strict guidelines regarding bears and that these guidelines are established by the State of New Jersey. The Chief said the State will at times relocate bears; however, they will not ship bears across state lines. In addition, the Chief said the State will not relocate bears beyond or across major highways due to the possibility of increased traffic accidents resulting from a bear attempting to return to its original habitat. Chief Bennett said there is an abundance of food in the Borough that attracts bears. He mentioned that the neighboring Town of Denville is considering bear proof garbage cans but that there is no evidence yet that these will decrease the bear population, and also the cost of the cans is prohibitive. Chief Bennett said a bear can be destroyed if it threatens a person’s life. Also, a bear can be destroyed after documented property damage and a State review.

 

Mayor Happer referred the bear issue to the Public Safety Subcommittee for further review.

 

With no one else wishing to be heard, Mayor Happer closed the public comment portion of the meeting.

 

 

 

 

 

 

 

 

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7.             DISCUSSION ITEMS

                -Fifty-Five Plus Advisory Committee

 

Mr. Tovo led the discussion. He told the Council that the Fifty-Five Plus Advisory Committee was running into obstacles with volunteerism and that they had approached him in order to ensure the long term survival of the group. Mr. Tovo said several options had been discussed, including a name change which might facilitate inclusion of more residents, partnering with the Recreation Commission or partnering with another town’s senior group. Mr. Tovo asked for Council permission to explore other options for the Committee.

 

Mr. Chris Sullivan, Mr. Larry Milbauer, and Mr. Arthur Muti, all representing the Committee, reiterated a request for Council support and assistance in maintaining the group. They mentioned the benefits offered by the group, including the diverse lecture series and the opportunity for social interaction.

 

The Council consensus was to support the reorganization and regeneration of the Fifty-Five Plus Advisory Committee, recognizing the group as a valuable asset to the community. Mr. Tovo was asked to update the Council at the second meeting in October. Mayor Happer offered his assistance to Mr. Tovo and the Committee.

 

                -Personnel Policy and Procedure Manual, Job Descriptions

 

Mr. Tovo said that the entire manual had now been reviewed by the Council, and that a resolution for the approval and acceptance of the new manual would be presented at the next Borough Council meeting, followed by distribution of the new manual to employees. The Council discussed the need for a mandated review period and it was agreed that the Personnel Subcommittee should review the manual yearly. Mr. Tovo said he would update the front page of the manual to include the date of the last update and the date that manual was last approved by the Borough Council.

 

8.             ORDINANCE 04-14

 

ORDINANCE AMENDING THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF MOUNTAIN LAKES AND ESTABLISHING A WELLHEAD PROTECTION AREA AND REGULATING THE USE OF LAND WITHIN THAT AREA

 

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. Article VI of Chapter 102 of the Revised General Ordinance of the Borough of Mountain Lakes presently titled “Groundwater Management in the Prime Aquifer Area” shall be re-titled “Wellhead Protection Area Regulations” and shall be amended to read, in its entirety, as follows:

 

ARTICLE VI:  Wellhead Protection Area Regulations

 

§ 102-30. Findings.

 

The governing body of Mountain Lakes finds that:

 

A.  The groundwater underlying this municipality is a major source of existing and future water supplies, including drinking water.

 

B.  The groundwater aquifers are integrally connected with, are recharged by, and flow into the surface waters, lakes and streams, which also constitute a major source of water for drinking, commercial and industrial needs.

 

C.  Accidental spills and discharges of toxic and hazardous materials may threaten the quality of these groundwater supplies and related water sources.

 

D.  Contaminated water from any source is a detriment to the health, welfare and comfort of the residents of this municipality, and other users of these water resources.

 

E.  Spills or discharges of hazardous substances or hazardous wastes may contaminate or pollute water. As a preventive measure, the proximity of such materials to sources of water supplies, such as public community wells, should be restricted so that there will be sufficient time to find and clean up such spills or discharges before water supplies become contaminated.

 

 

 

 

 

 

 

 

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§ 102-31. Purpose.

 

The purpose of this article is to protect the public health, safety and welfare through the protection of our Wellheads underlying the municipality to ensure a supply of safe and healthful drinking water for the present and future generations of local residents, employees and the general public in this municipality, as well as users of these water supplies outside this municipality. Areas of land surrounding each public community well, known as "Wellhead Protection areas" (WPAs), from which contaminants may move through the ground to be withdrawn in water taken from the well, have been delineated. Through regulation of land use, physical facilities and other activities within these areas, the potential for groundwater contamination can be reduced. The purpose of the regulations contained in this article is to prevent the migration of potential pollutants from areas within a WPA into groundwater that is withdrawn from a public community well.

 

§ 102-32. Statutory authority.

 

The Borough of Mountain Lakes is empowered to regulate these activities under the provisions of the New Jersey Municipal Land Use Law, N.J.S.A 40:55D-1 et seq., which authorizes each municipality to plan and regulate land use to secure a safe and adequate drinking water supply for its residents. With the authority to implement the Water Resource Ordinance, Mountain Lakes Borough is also obligated to insure that its provisions are carried out in a manner which is consistent with N.J.A.C. 7:14B. The Health Department of this municipality has autonomous power granted by the State Legislature to develop this article to protect public health, safety and welfare, as set forth in the New Jersey Local Boards of Health Law, N.J.S.A. 26:3-1 et seq., and the New Jersey County Environmental Health Act, N.J.S.A. 26:3A2-21 et seq.

 

§102-33. Definitions.

 

As used in this article, the following terms shall have the meanings indicated:

 

ADMINISTRATIVE AUTHORITY - The Planning Board or Board of Adjustment and the Health Department, acting jointly and in consultation, with all of the powers delegated, assigned, or assumed by them according to statute or ordinance.

 

APPLICANT - Person applying to the Health Department, Planning Board, Board of Adjustment or the Construction Office proposing to engage in an activity that is regulated by the provisions of this article that would be located within a regulated Wellhead Protection area.

 

AQUIFER - A formation, group of formations, or part of a formation that contains sufficient saturated permeable rock, sand, or gravel which is capable of storing and transmitting usable quantities of water to wells and springs.

 

BEST MANAGEMENT PRACTICES (BMP) - Performance or design standards established to minimize the risk of contaminating groundwater or surface waters while managing the use, manufacture, handling or storage of hazardous substances or hazardous wastes as set out in § 102-36.

 

CONTAMINATION - The presence of any harmful or deleterious substances in the water supply.

 

DEVELOPMENT - The carrying out of any construction, reconstruction, alteration of surface or structure or change of land use or intensity of use.

 

DISCHARGE - Any intentional or unintentional action or omission, unless pursuant to and in compliance with the conditions of a valid and effective federal or state permit, resulting in the releasing, spilling, pumping, pouring, emitting, emptying or dumping of a hazardous substance into the waters or lands of the state or into waters outside the jurisdiction of the state when damage may result to the lands, waters or natural resources within the jurisdiction of the state.

 

DRY WELL - A subsurface storage facility that receives and temporarily stores roof runoff. A dry well may be either a structural chamber and/or an excavated pit filled with aggregate in accordance with the requirements of the Borough Engineer.

 

GROUNDWATER - Water contained in interconnected pores of a saturated zone in the ground, also known as "well water." A saturated zone is a volume of ground in which the voids in the rock or soil are filled with water at a pressure greater than atmospheric.

 

HAZARDOUS SUBSTANCE - Any substance designated under 40 CFR 116 pursuant to Section 311 of the Federal Water Pollution Control Act Amendments of 1972 (Clean Water Act, Public Law 92-500; 33 U.S.C. 1251 et seq.), the Spill Compensation and Control Act, N.J.S.A. 58:10-23.11 et seq., or Section 4 of the New Jersey Water Pollution Control Act (N.J.S.A. 58:10A-4). Substances listed include petroleum, petroleum products, pesticides, solvents and other substances.

 

HAZARDOUS WASTE - Any solid waste that is defined or identified as a hazardous waste pursuant to the Solid Waste Management Act, N.J.S.A. 13:1E et seq., N.J.A.C. 7:26-8, or 40 CFR Part 261.

 

 

 

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MAXIMUM CONTAMINANT LEVEL – The maximum permissible level of a contaminant in water which is delivered to any user of a public community water system.

 

NAICS - North American Industrial Classification System pursuant to the North American Free Trade Agreement of 1993.

 

NJDEP - New Jersey Department of Environmental Protection.

 

PERSON - Any individual, public or private corporation, company, partnership, firm, association, owner or operator, political subdivision of this state, and any state, federal or interstate agency or an agent or employee thereof.

 

POLLUTED WATER - In the context of drinking water, water is polluted when a pollutant is present in excess of a maximum contaminant level or bacteriological limit established by law or regulation.

 

POTENTIAL POLLUTANT SOURCE (PPS) - An activity or land use which may be a source of a pollutant that has the potential to move into groundwater withdrawn from a well. For the purposes of this article potential pollutant sources are defined in § 102-36.

 

PPS - Potential Pollutant Source.

 

PUBLIC COMMUNITY WELL - A public water supply well which serves at least 15 service connections used by year-round residents or regularly serves at least 25 year-round residents.

 

SOLE SOURCE AQUIFER - Any drinking water aquifer upon which more than 50% of a population group depends and for which there is no practicable or affordable alternate water supply, as certified by the United States Environmental Protection Agency.

 

TIME OF TRAVEL (TOT) - The average time that a volume of water will take to travel in the saturated zone from a given point to a pumping well.

 

TIER 1 WELLHEAD PROTECTION AREA - That area of land within a WPA from which groundwater may enter the well within two years. (See maps referenced under § 102-34.)

 

TIER 2 WELLHEAD PROTECTION AREA - That area of land within a WPA from which groundwater may enter the well within five years. (See maps referenced under §102-34.)

 

TIER 3 WELLHEAD PROTECTION AREA - That area of land within a WPA from which groundwater may enter the well within twelve years. (See maps referenced under § 102-34.)

 

WELLHEAD - The well borehole and appurtenant equipment.

 

WELLHEAD PROTECTION AREA (WPA) - An area described in plain view around a well, from which groundwater flows to the well and groundwater pollution, if it occurs, may pose a significant threat to the quality of water withdrawn from the well.

 

WPA - Wellhead Protection Area.

 

§ 102-34. Establishment of Wellhead Protection Areas and maps.

 

A.  Wellhead Protection Area maps.

 

(1) The delineations of Wellhead Protection Areas are shown on a map entitled “ Wellhead Protection Area – Borough of Mountain Lakes” dated February 3, 2014 which is adopted herein by reference.  A copy of this map is available in the office of the Borough Clerk.

 

(2) Wellhead Protection Areas, as shown on the maps described in Subsection A(i), shall be considered to be superimposed over any other established zoning district. Land in a Wellhead Protection Area may be used for any purpose permitted in the underlying district, subject to the additional restriction presented herein.

B.  Assignment of restriction within Wellhead Protection Areas. Properties located wholly or partially within a Wellhead Protection Area shall be governed by the restrictions applicable to the Wellhead Protection Area.

 

 

 

 

 

 

 

 

 

 

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§ 102-35. Regulation of Wellhead Protection Areas for public community wells.

 

A.  The Administrative Authority for administering the provisions of this article shall be the Planning Board or Board of Adjustment, Zoning Officer and the Health Department of Mountain Lakes acting jointly and in consultation.

 

B.  Any applicant for a permit requesting a change in land use or activity, which is subject to review under the provisions of the Municipal Land Use Law and other pertinent regulations of Mountain Lakes and which is located within a delineated WPA, as defined in §102-34, that involves a potential pollutant source (PPS), as defined in §102-36, shall comply with the requirements of this article.

 

C.  Any applicant for a permit requesting a change in land use or activity, which is subject to the requirements of this article, shall file an operations and contingency plan, as required by §102-38, with the administrative authority. No permit that allows a change in land use or activity, which is subject to the requirements of this article, shall be granted unless an operations and contingency plan for the proposed change has been approved by the administrative authority. Any plan approved by the administrative authority shall be kept on file in the office of the Health Department of Mountain Lakes, and shall be available to the public for inspection.

 

D.  Any change in on-site land use or activity that adds a major or minor potential pollutant source (PPS), as defined in §102-36, shall be prohibited within a Tier 1 WPA.

 

E.  Any change in on-site land use or activity that adds a major PPS, as defined in §102-36, shall be prohibited within a Tier 2 WPA.

 

F.  Any change in on-site land use or activity that involves any PPS, as defined in §102-36, within any WPA, that is not prohibited pursuant to Subsection D or E of the §102-35, shall comply with the best management practice standards, as defined in §102-37.

 

G.  Exemptions:

 

(1)  Retail sales establishments that store and handle hazardous materials for resale in their original containers. This exemption shall not preclude the submission of a best management practices and the operations and contingency plan in accordance with § 102-37 and 102-38.

 

(2)  Police, fire and emergency medical service facilities (subject to the preparation of a best management practices and operations and contingency plan in accordance with § 102-37 and 102-38).

 

(3)  Municipal, county and state government facilities (subject to the preparation of a best management practices and operations and contingency plan in accordance with § 102-37 and 102-38).

 

(4)  The use of any hazardous material solely as fuel in a vehicle fuel tank or as a lubricant in a vehicle.

 

(5)  The transportation of a hazardous material through the WPA, provided that the transporting vehicle is in transit and meets all state and federal requirements for the transportation of such hazardous material.

 

(6)  Preexisting facilities, but not expansion of same, that would qualify as a continuance of an existing nonconforming use.

 

(7)  A NJDEP approved discharge to groundwater permit (DGW) for remediation of groundwater cleanup in any Tier WPA.

 

H.  This article is supplementary to other laws and ordinances in this municipality. Where this article or any portion thereof imposes a greater restriction than is imposed by other regulations, the provisions of this article shall supersede. These rules and regulations shall in no way affect the limitations or requirements applicable in the underlying municipal land use and zoning districts.

 

I.  The use limitations noted herein shall be considered as limitations stipulated in the permitted list of uses in each zone. The activities regulated herein shall be considered limitations accessory to permitted uses in each zone.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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§ 102-36. Potential pollutant sources.

 

The following are major and minor potential pollutant sources (PPS) subject to the requirements of this article. This listing is consistent with the New Jersey Safe Drinking Water Act, N.J.A.C. 7:10-11.7 through 12.12.

 

A.  Major PPSs include:

 

(1)  Permanent storage or disposal of hazardous wastes, industrial or municipal sludge or radioactive materials, including solid waste landfills.

 

(2)  Collection and transfer facilities for hazardous wastes, solid wastes that contain hazardous materials, and radioactive materials.

 

(3)  Any use or activity requiring the underground storage of a hazardous substance or waste greater than an aggregate total of 50 gallons and regulated by NJDEP under provisions of the Underground Storage of Hazardous Substances Act (N.J.S.A. 58:10A-­21 et seq.).

 

(4)  Aboveground storage facility for a hazardous substance or waste with a cumulative capacity greater than 2,000 gallons.

 

(5)  Any industrial treatment facility lagoon.

 

(6)  Automotive service center (repair and maintenance).

 

(7)  Landfill.

 

(8)  Dry-cleaning facility (except retail distribution only of dropoff and pickup of dry cleaning only).

 

(9)  Road salt storage facility.

 

(10)  Cemetery or funeral homes or such facilities with embalming facilities.

 

(11)  Truck or bus maintenance yard.

 

(12)  Site for storage and maintenance of heavy construction equipment and materials.

 

(13)  Site for storage and maintenance of equipment and materials for landscaping.

 

(14)  Livestock operation.

 

(15)  Quarrying and/or mining facility.

 

(16)  Asphalt and/or concrete manufacturing facility.

 

(17)  Junkyard/auto recycling and scrap metal facility.

 

(18)  Farm or residential underground storage of 1,100 gallons or less capacity used for storing motor fuel for noncommercial purposes.

 

(19)  Underground heating oil storage tank for on-site consumption with a capacity greater than 2,000 gallons.

 

B.  Minor PPSs include:

 

(1)  Any use or activity requiring the underground storage of hazardous substance or waste of 50 gallons or less.

 

(2)  Underground heating oil storage tank for on-site consumption with a capacity of 2,000 gallons or less.

 

(3)  Sewage treatment facility.

 

(4)  Sanitary sewer system, including sewer line, manhole, or pump station within 100 feet of a regulated well. (See conditions in Subsection C.)

 

(5)  Industrial waste line. (See conditions in Subsection C.)

 

(6)  Septic leaching field.

 

(7)  Facility requiring a groundwater discharge permit issued by the NJDEP pursuant to N.J.S.A. 7:10-14A et seq.

 

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 (8)  Stormwater line within 100 feet of a regulated well. (See conditions in Subsection C.)

 

(9)  Waste oil collection, storage and recycling facility.

 

(10)  Agricultural chemical bulk storage and mixing or loading facility, including crop dusting facilities.

 

(11)  Aboveground storage of hazardous substance or waste in quantities of 2,000 gallons or less. (See conditions in Subsection C.)

 

(12)  Any facility with a NAICS Code number included under the New Jersey Safe Drinking Water Act Regulations at N.J.A.C. 7:10A-1.14, Table II(N)A, with a toxicity number of II or greater.

 

C.  Conditions:

 

(1)  Sanitary sewer lines, industrial waste lines and stormwater lines may be located no closer than 100 feet to a regulated well, and only if they are constructed of watertight construction (that is steel, reinforced concrete, PVC or other suitable material as approved by the Borough utility authority).

 

(2)  Manhole and/or connections to a sanitary sewer system are restricted within 100 feet of a regulated well.

 

(3)  Dry wells dedicated to roof runoff and serving residential properties or commercial or industrial properties with NAICS codes not listed in Appendix A may be located no closer than 100 feet to a regulated well.

 

(4)  Aboveground heating oil storage tanks, 2,000 gallons or less, shall be permitted in any tier subject to approval by the approving authority of containment provisions in accordance with § 102-37 herein and shall be located no closer than 100 feet to a regulated well. The new aboveground tank and containment measures as specified herein shall be exempt from impervious coverage requirements for the zone. The aboveground containment measures shall be no larger than required to contain a spill of the contents of an aboveground tank. The aboveground tank is permitted within any side or rear yard but shall conform to the minimum setback requirement for accessory structures. The aboveground tank shall also include fencing or landscaping sufficient to provide a screen of the proposed aboveground tank and containment apparatus from adjacent properties.

 

(5)  An aboveground fuel storage tank for emergency electrical generators with maximum fuel storage capacity of 2,000 gallons shall be permitted in any tier subject to approval by the approving authority of containment provisions in accordance with § 102-37 herein and shall be located no closer than 100 feet to a regulated well.

 

§102-37. Best management practice performance standards.

 

Any applicant proposing any change in land use or activity that involves any PPS, as defined in §102-36, that would be located either wholly or partially within any WPA shall comply with and operate in a manner consistent with the following best management practices, and Mountain Lakes Borough is also obligated to insure that its provisions are not carried out in a manner which is inconsistent with N.J.A.C. 7:14B.:

 

A.  All portions or areas of a facility in which hazardous substances or hazardous wastes are stored, processed, manufactured or transferred outdoors shall be designed so that the discharges of hazardous substances will be prevented from overflowing, draining, or leaching into the groundwater or surface waters.

 

B.  Outdoor storage, dispensing, loading, manufacturing or processing areas of hazardous substances or hazardous wastes must be protected from precipitation, stormwater flows or flooding.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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C.  Secondary containment structures.

 

(1)  Wherever hazardous substances are stored, processed, manufactured or transferred outdoors, the design features shall include secondary containment and/or diversionary structures which may include but not be limited to:

 

(i)  Containers, dikes, berms or retaining walls sufficiently impermeable to contain spilled hazardous substances, for the duration of a spill event.

 

(ii)  Curbing.

 

(iii)  Gutter, culverts and other drainage systems.

 

(iv)  Weirs, booms and other barriers.

 

(v)  Lined diversion ponds, lined lagoons and lined retention basins, holding tanks, sumps, slop tanks and other collecting systems.

 

(vi)  Drip pans.

 

(2)  All secondary containment and diversionary structures for underground storage tanks shall be consistent with N.J.A.C. 7:14B.

 

D.  Secondary containment and diversionary systems, structure or equipment must meet the following standards:

 

(1)  The system must block all routes by which spilled hazardous substances could be expected to flow, migrate, or escape into the groundwater or surface waters.

 

(2)  The system must have sufficient capacity to contain or divert the largest probable single discharge that could occur within the containment area, plus an additional capacity to compensate for any anticipated normal accumulation of rainwater.

 

(3)  In order to prevent the discharge of hazardous substances into groundwater, all components of the system shall be made of or lined with impermeable materials sufficient to contain the substance for the duration of a spill event. Such material or liner must be maintained in an impermeable condition.

 

(4)  No manufacturing area, processing area, transfer area, dike storage area, or other storage area, or secondary containment/diversion system appurtenant thereto shall drain into a watercourse, or into a ditch, sewer, pipe or storm drain that leads directly or indirectly into a surface or subsurface disposal area, unless provision has been made to intercept and treat any spilled hazardous substances in an NJDEP-approved industrial wastewater treatment or pretreatment facility, or other NJDEP-approved facility. Exceptions to this provision shall be for retail gasoline, diesel fuel and residential home heating oil dispensing wherein the procedures are in conformance with NJDEP standards and contain stormwater runoff controls in conformance with NJDEP requirements.

 

(5)  Catchment basins, lagoons and other containment areas that may contain hazardous substances should not be located in a manner that would subject them to flooding by natural waterways.

 

E.  Stormwater shall be managed so as to prevent contamination of groundwater, and so as to be in accordance with applicable laws and regulations of the State of New Jersey, and of Mountain Lakes.

 

§ 102-38. Operations and contingency plan.

 

A.  Any applicant proposing any change in land use or activity that involves any PPS, as defined in §102-36, that would be located either wholly or partially within any WPA shall submit an operations and contingency plan to the administrative authority. This operations and contingency plan shall inform the administrative authority about the following aspects of the proposal:

 

(1)  Types of PPS proposed for the site;

 

(2)  Types and quantities of hazardous substances or hazardous wastes that may be used or stored on site;

 

(3)  Means to be employed to contain or restrict the spillage or migration of hazardous substances or hazardous wastes from the site into groundwater;

 

(4)  Means to be used to contain or remediate accidental spillage of such materials;

 

(5)  Means to notify the administrative authority about any accidental spillage of such materials;

 

 

 

BOROUGH OF MOUNTAIN LAKES

AUGUST 25, 2014

PAGE TEN

 

 

 (6)  Demonstration that the proposed use and/or activity would employ, to the maximum extent possible, best management practices as set forth in § 102-37, to protect groundwater quality in the WPA and minimize the risk of potential groundwater contamination.

 

B.  The administrative authority shall review and shall approve or reject any operations and contingency plan prior to approving or denying the application for a land use change or activity.

 

C.  Any operations and contingency plan submitted shall be available for public review and comment.

 

§ 102-38. Enforcement.

 

A prompt investigation shall be made by the appropriate personnel of the Health Department of Mountain Lakes, of any person or entity believed to be in violation hereof. If, upon inspection, a condition which is in violation of this article is discovered, a civil action in the Special Civil Part of the Superior Court, or in the Superior Court, if the primary relief sought is injunctive or if penalties may exceed the jurisdictional limit of the Special Civil Part, by the filing and serving of appropriate process. Nothing in this article shall be construed to preclude a municipality's right, pursuant to N.J.S.A. 26:3A-25, to initiate legal proceedings hereunder in Municipal Court. The violation of any section or subsection of this article shall constitute a separate and distinct offense independent of the violation of any other section or subsection, or of any order issued pursuant to this article. Each day a violation continues shall be considered a separate offense.

 

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.                                                                     

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 was consistent 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.

 

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

 

X

 

 

 

McWilliams

X

 

X

 

 

 

 

 

X

 

 

 

Holmberg

 

 

X

 

 

 

 

X

X

 

 

 

Happer

 

 

X

 

 

 

 

 

X

 

 

 

                VOTE AS INTRODUCED ON MAY 12, 2014                                                 VOTE AS ADOPTED ON AUGUST 25, 2014

 

 

 

 

 

 

 

 

BOROUGH OF MOUNTAIN LAKES

AUGUST 25, 2014

PAGE ELEVEN

 

 

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:

 

Location

Direction of Travel

At intersection of

 

 

 

Beechway Road

East/West

Hanover Road

Beechway Road

East

Kenilworth Road

Beechway Road from Mtn Lakes BOE property

West

Kenilworth Road

Beechway Road

East/West

Melrose Road

Beechway Road

West

Boulevard

Cobb Road

East

Boulevard

Cobb Road

South

North Briarcliff Road

Cobb Road/Elcock Ave

South

Cobb Road

Crestwood Drive

North

Lakewood Drive

East Shore Road

South

North Pocono Road

Hanover Road

North

Fanny Road

Kenilworth Road

North

Beechway Road

Laurel Hill Road

North/South

North Briarcliff Road

Laurel Hill Road

North/South

Tower Hill Road

Laurel Hill Road

East

Boulevard

Laurel Hill Road

North

Lowell Avenue

Littlewood Court (East Entrance)

North

Sherwood Drive

Littlewood Court (West Entrance)

North

Sherwood Drive

Lockley Court (East Entrance)

South

Sherwood Drive

Lockley Court (West Entrance)

South

Sherwood Drive

Lookout Road

North/South

North Briarcliff Road

Lookout Road

North

Lowell Avenue

Lowell Avenue

East

Cobb Road

Martins Lane

East

Boulevard

Martins Lane

West

Laurel Hill Road

Melrose Road

North/South

Beechway Road

North Briarcliff Road

East

Boulevard

North Crane Road

West

Boulevard

North Glen Road

East

Boulevard

North Glen Road

West

Crestview Road

Oakland Road

West

Boulevard

Oakland Road

East/West

Hanover Road

BOROUGH OF MOUNTAIN LAKES

AUGUST 25, 2014

PAGE TWELVE

 

 

 

 

 

 

Location

Direction of Travel

At intersection of

Overlook Road

East

Boulevard

Powerville Road

West

Boulevard

Roberts Drive

East

West Shore Road

Tower Hill Road

East

Boulevard

Van Duyne Road

East/West

Lookout Road

West Shore Road

South

Roberts Drive

West Shore Road

South

North Pocono

Willow Drive

North

North Pocono Road

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.     

 

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.

 

                VOTE AS INTRODUCED ON JULY 28, 2014                                                                VOTE AS ADOPTED ON AUGUST 25, 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

 

 

 

 

X

X

 

 

 

Lester

 

 

X

 

 

 

 

 

X

 

 

 

McWilliams

 

 

X

 

 

 

 

 

X

 

 

 

Holmberg

 

 

X

 

 

 

X

 

X

 

 

 

Happer

 

 

X

 

 

 

 

 

X

 

 

 

                                               

                               

 

 

 

 

 

 

 

 

 



 

 

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

BOROUGH OF MOUNTAIN LAKES

AUGUST 25, 2014

PAGE THIRTEEN

 

 

 

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.                                                 

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.

 

                VOTE AS INTRODUCED ON JULY 28, 2014                                                                VOTE AS ADOPTED ON AUGUST 25, 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

 

 

 

 

X

X

 

 

 

Lester

 

X

X

 

 

 

 

 

X

 

 

 

McWilliams

 

 

X

 

 

 

 

 

X

 

 

 

Holmberg

 

 

X

 

 

 

 

 

X

 

 

 

Happer

 

 

X

 

 

 

 

 

X

 

 

 

                                               

                               

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

BOROUGH OF MOUNTAIN LAKES

AUGUST 25, 2014

PAGE FOURTEEN

 

 

11.          *RESOLUTIONS:

                R108-14                                Resolution Authorizing 2014 Municipal Employees’ Salary - Dunn

                R109-14                                Resolution Authorizing an Agreement Between the County of Morris and Certain Municipalities                                                                     Located Therein Establishing A Cooperative Means of Conducting Certain Community                                                                                   Development and Home Activities Program

                R110-14                                Resolution Authorizing the Settlement of a Tax Appeal – Block 56, Lot 21

                                                Hernando, Michael T. & Connie v. Borough of Mountain Lakes

                R111-14                                Resolution Authorizing the Settlement of a Tax Appeal – Block 65, Lot 6

                                                Plonski, Joseph & Lori v. Borough of Mountain Lakes

                R112-14                                Resolution Authorizing the Release of the Minutes of Executive Sessions of the Borough of

                                                Mountain Lakes Council

                R113-14                                Resolution Awarding Contract for Website Design and Development to Digital Strategy                                                                                    Associates LLC

                R114-14                                Resolution Expressing Support for the Application Submitted by the Township of Parsippany-Troy                                                                                 Hills to the Morris County Preservation Trust for the Acquisition of a Portion of the Property                                                                                 Identified As Block 421, Lot 29 and Fronting On Intervale Road

                R115-14                Resolution Authorizing the Payment of Bills

 

Prior to the Consent Agenda vote the Council decided that Resolution 113-14, Resolution Awarding Contract for Website Design and Development to Digital Strategy Associates, LLC, and Resolution 114-14, Resolution Expressing Support for the Application Submitted by the Township of Parsippany-Troy Hills to the Morris County Preservation Trust for the Acquisition of a Portion of the Property Identified As Block 421, Lot 29 and Fronting On Intervale Road, should be considered separately from the Consent Agenda.

 

Resolution 112-14, Resolution Authorizing the Release of the Minutes of Executive Sessions of the Borough of Mountain Lakes Council was amended to include the continued redaction of a specific sentence relating to a personnel matter in the minutes dated October 24, 2011.

 

12.          *MINUTES:

                July 28, 2014 (Executive)

                July 28, 2014 (Regular)

 

13.          *DEPARTMENT REPORTS:

                Construction Department                                  July 2014

                Department of Public Works                             July 2014

                Fire Department                                                  July 2014

                Health Department                                             July 2014

                Police Department                                              July 2014

                Tax Department                                                   July 2014

 

14.          *BOARD AND COMMITTEE AND COMMISSION APPOINTMENTS                        NONE

 

Council Member

By:

2nd:

Yes

No

Abstain

Absent

Albergo

 

 

X

 

 

 

Borin

 

 

 

 

 

X

Bravo

 

 

X

 

 

 

Lester

X

 

X

 

 

 

McWilliams

 

X

X

 

 

 

Holmberg

 

 

X

 

 

 

Happer

 

 

X

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

               

 

 

 

 

 

 

 

 

 

 

 

 

BOROUGH OF MOUNTAIN LAKES

AUGUST 25, 2014

PAGE FIFTEEN

 

 

Resolution 113-14

 

In response to Councilwoman Bravo’s question, Councilman Lester explained that the contract is simply for the creation of the website and includes one (1) year of support but does not include subsequent maintenance. Deputy Mayor Holmberg and Councilman Albergo expressed concerns over the fact that the vendor would only provide four (4) gigabytes of storage.

 

Councilman Lester said the termination clause contained in Section V, Termination, should reflect seventy-five (75) days instead of the printed fifteen (15) days. Councilwoman Bravo asked for changes in Section IV, Compensation, to reflect thirty (30) days instead of fifteen (15). The Council agreed that, pending correction of the agreement to reflect seventy-five (75) and thirty (30) days and pending clarification that 4 (four) gigabytes of storage was sufficient, Mr. Tovo was authorized to enter into and sign the agreement with the vendor.

 

Council Member

By:

2nd:

Yes

No

Abstain

Absent

Albergo

 

 

X

 

 

 

Borin

 

 

 

 

 

X

Bravo

 

 

X

 

 

 

Lester

 

 

X

 

 

 

McWilliams

X

 

X

 

 

 

Holmberg

 

X

X

 

 

 

Happer

 

 

X

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Resolution 114-14

 

Mayor Happer reiterated his previous comments and stated that the resolution of support was not inconsistent with the annual resolution passed by the Borough Council to protect Borough woodland, wetlands, and open spaces. In response to questions from Councilwoman Bravo on behalf of the Environmental Commission regarding the aquifer, Mr. Tovo reminded the Council that the Township of Parsippany had a wellhead protection Ordinance in place.

 

 

Council Member

By:

2nd:

Yes

No

Abstain

Absent

Albergo

 

 

X

 

 

 

Borin

 

 

 

 

 

X

Bravo

 

 

X

 

 

 

Lester

 

X

X

 

 

 

McWilliams

 

 

X

 

 

 

Holmberg

X

 

X

 

 

 

Happer

 

 

X

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

15.          ATTORNEY REPORT

 

Mr. Murphy had nothing to report.

 

16.          MANAGER’S REPORT

 

Mr. Tovo said milling and paving on Briarcliff Road would begin on Tuesday and Wednesday. He said curb work had started on Crane Road and once completed, milling and paving would take place. He expected the entire project to be complete by the beginning of September, which is later than expected, but Briarcliff Road will be completed prior to the start of school and work on Crane Road is not anticipated to impact school traffic. Mr. Tovo said curbing on Cobb Road would begin shortly, in advance of the resurfacing work to be completed by New Jersey Natural Gas.

 

Mr. Tovo reported that the contract has been signed with Kings regarding their sale of the Borough’s green garbage bags and the first order has been placed. The contract includes the following terms: Kings is to pay the invoice upon delivery, Kings may not mark up the price, and Kings may market and advertise the sale of green bags. Mr. Tovo said a broadcast email would be sent to residents to make them aware that Kings was now selling the bags. Mr. Tovo also reported that the garbage bag vending machine is still on order.

 

BOROUGH OF MOUNTAIN LAKES

AUGUST 25, 2014

PAGE SIXTEEN

 

 

Mr. Tovo gave an update on Cove Park and said Allied Biological had applied a treatment designed to lower the amount of weeds and they had done so at no cost to the Borough. Mr. Tovo said he is currently working with Tony Cerbo to order river rock and to schedule the replanting, which will begin shortly.

 

Mr. Tovo updated the Council on the street sign replacement program. He said that the DPW Subcommittee has decided to target neighborhoods where road resurfacing is taking place and replace street signs at these locations, and the cost of the sign replacement can then be included in the capital project. Mr. Tovo said that there is no grant money yet available for a street sign replacement program. In response to Councilman Albergo’s question, Mr. Tovo said he is considering a mechanism for the sale of old street signs to Borough residents and that more details would be forthcoming.

 

Mr. Tovo said that three (3) companies have been contacted and two (2) have been interviewed for the beach facilities project. Mr. Tovo reported that one company has submitted a proposal and the other company is expected to submit a proposal shortly. The Department of Public Works (DPW) Subcommittee will review the proposals and make a recommendation to the Borough Council. Mr. Tovo said the DPW will be reviewing the proposals with the following parameters: aesthetics, ADA compliance, economy/cost.

 

Mr. Tovo reported that the McMatch program would not be running in 2014 due to a change of personnel at the County. He asked the Council if the Borough Council would like to consider running its own food donation program, similar to McMatch, until the McMatch program resumes. The Council consensus was that Mr. Tovo should explore other options and identify a food pantry that serves Mountain Lakes and other surrounding towns and in addition, allows monetary donations via the internet.

 

Mr. Tovo said that he had been contacted by Verizon Wireless regarding expanding the existing cell tower or constructing a new one. He said he is waiting for Verizon to provide him with details in writing.

 

17.          COUNCIL REPORTS

 

DPW Subcommittee – Councilman McWilliams said that Mr. Tovo had already covered the report in his Manager’s report.

 

Communications Advisory Committee – Councilman Lester said the activities of the Committee had been covered in the earlier portion of the meeting with the passage of the resolution awarding the contract for website design.

 

Zoning Board of Adjustment – Councilwoman Bravo mentioned the Board had recently heard an application which fell under the guidelines of the Historic Preservation Ordinance enacted by the Borough Council. Councilwoman Bravo said she was happy to see the Historic Preservation Ordinance at work for its intended purpose and that the Board worked with the applicant on keeping the historical integrity of their Hapgood home.  

 

Deputy Mayor Holmberg said that he had consulted with other municipal attorneys, other municipal officials, and the general counsel for the League of Municipalities in reference to the Borough Attorney serving in a holdover capacity in 2013. Deputy Mayor Holmberg said all affirmed the Borough’s right to retain the attorney in a holdover capacity.

 

Mayor Happer said the Personnel Subcommittee has begun its annual review of professional positions.

 

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 9:45 PM

 

Motion made by Deputy Mayor Holmberg, second by Councilman Lester, to adjourn the meeting at 9:45 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:                AUGUST 25, 2014

 

 

________________________________                    

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