BOROUGH OF MOUNTAIN LAKES
BOROUGH HALL, 400 BOULEVARD, MOUNTAIN LAKES
973-334-3131
MAY 14, 2012
8:00 p.m.
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 4, 2012 and posted in the municipal building.
Mayor Gormally called the meeting to order at 8:01 p.m.
2. ATTENDANCE AND FLAG SALUTE
All Council members were present except for Councilwoman Holmberg, who arrived at 8:03 p.m., and Councilwoman Bravo and Councilman Shaw, who were absent. Also in attendance were Borough Attorney Marty Murphy, Borough Manager Robert Tovo, and Deputy Borough Clerk Michele Reilly.
3. COMMUNITY ANNOUNCEMENTS
Mayor Gormally announced that he was looking forward to the Borough’s Memorial Day activities and was anticipating a nice traditional celebration. He mentioned that no member of the community had expressed an interest in sponsoring Mountain Lakes Day and therefore only the Borough sponsored Memorial Day activities would occur.
Deputy Mayor Happer said that Briarcliff Day had been a good learning experience for both the Middle School students and the members of the Borough Council in attendance.
Councilman McWilliams mentioned that the Solid Waste Committee had posted information on the Borough website. The Committee will be holding a public forum on June 6th at 8:00 pm at the High School.
Councilman McWilliams also mentioned that the shredding event was very successful. This year the Borough was able to donate $553.00 to the Boonton Kiwanis Ambulance Squad. The amount of paper shredded equaled 1.6 tons.
4. PUBLIC COMMENT
Mayor Gormally opened the public comment portion of the meeting with consent of the Council. Mayor Gormally 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 Gormally closed the public comment portion of the meeting.
5. SPECIAL PRESENTATION – HISTORICAL RECORD OF THE TROUT DERBY; RON GIRONDA
Mayor Gormally introduced Dr. Gironda and said that the information Dr. Gironda had gathered about the Trout Derby would be a great addition to the Borough archives.
Dr. Gironda displayed one of the Trout Derby trophies (there are two) and his archive album. He explained that the Trout Derby Committee had its origins as the Rod and Gun Club. This year (2012) marked the fiftieth (50th) anniversary of the Trout Derby, and he was proud to state that he had been a Committee participant for thirty-eight (38) years. He told the Council that the Derby was a special event, as it allowed parents and kids to work together. Additionally, it was one of the first co-educational events that occurred in the Borough. Dr. Gironda gave credit to the Committee for the annual success of the event, including the Friday stocking of the lake. He, in turn, was praised by the Council for his involvement and for his work in compiling the memoir.
6. SPECIAL PRESENTATION – RECREATION DIRECTOR; CELIA FLYNN
Mayor Gormally told the Council that he had requested a “State of the Borough” Recreation Report from Ms. Flynn, and also had asked her to explain the Commission’s decision to lower the age requirement for beach tags from six (6) to two (2) years of age.
Ms. Flynn said the Commission felt that children between the ages of two (2) and six (6) required and utilized lifeguard protection and that was the reason for the change in the age requirement. Additionally, she mentioned that the Commission decided to offer an incentive to residents who bought their beach tags early. The price of tags would remain the same if purchased before June 22. After that date, the purchase price will increase.
Ms. Flynn said that the Commission has faced many issues over the past year. Now that the Commission has a full membership, the plan is for the creation of subcommittees in order to allow increased member involvement and better Commission organization. She pointed out some highlights, such as the decision to shoot the Fourth of July fireworks from a barge in Mountain Lake, which was very well received by residents. Additionally, the Park Ranger program has been very successful. Finally, the number of participants in the summer recreation program has increased and the program is no longer highly subsidized but breaks even. Ms. Flynn has started using Constant Contact, a web program, and Paypal, a payment system, in order to offer on-line registrations for recreation activities. The Constant Contact program also allows her to update recreation information for residents.
Ms. Flynn received praise from the Council for her efforts. Mayor Gormally asked her to comment on the proposal to allow the consumption of alcohol at Borough park facilities through a permitting process. Ms. Flynn said that she felt that the process was a good idea as long as large parties were prohibited, so as not to block access for other residents trying to use the same facilities.
7. ORDINANCE 04-12
ORDINANCE AMENDING CHAPTER 173 OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF MOUNTAIN LAKES AND AMENDING THE SPECIAL USE FACILITY TAG REQUIREMENT AGE
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 173 of the Revised General Ordinances of the Borough of Mountain Lakes, Section 173-1 entitled “Lakes, Parks, and Special Use Facilities”, shall be amended by the following amendment to subsection B which shall read in its entirety as follows:
B. Tag required.
(1) All residents two years of age or older desiring to use the facilities at Island Beach, Birchwood Beach, and Borough-owned lakes between 10 a.m. and 6 p.m., between Memorial Day and Labor Day, shall purchase a tag for the season, with the further privilege of purchasing daily guest badges.
(2) All residents six years of age or older desiring to use the tennis facilities shall purchase a tag for the season, with the further privilege of purchasing daily guest badges.
(3) Mountain Lakes residents 62 years of age or older may apply at Borough Hall for free tags.
(4)No badge or tag shall be used or permitted to be used by anyone other than the registered holder thereof.
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
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Council Member |
By: |
2nd |
Yes |
No |
Abstain |
Absent |
By |
2nd |
Yes |
No |
Abstain |
Absent |
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McWilliams |
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Holmberg |
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Jackson |
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Bravo |
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X |
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X |
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Shaw |
X |
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X |
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Happer |
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Gormally |
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8. ORDINANCE 05-12
ORDINANCE AMENDING CHAPTER 9 OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF MOUNTAIN LAKES AND PROVIDING FOR THE APPOINTMENT OF UP TO TWO ALTERNATE MEMBERS TO THE HEALTH COMMISSION.
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 9 of the Revised General Ordinances of the Borough of Mountain Lakes, Section 9-3 entitled “Health Commission”, shall be amended by the inclusion of new subsection A(3) which shall read in its entirety as follows:
A. (3) The Borough Council may appoint up to two (2) alternates to the Health Commission serve for three year terms. An alternate may act in the absence of a regular member of the Health Commission.
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
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Council Member |
By: |
2nd |
Yes |
No |
Abstain |
Absent |
By |
2nd |
Yes |
No |
Abstain |
Absent |
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McWilliams |
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X |
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X |
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X |
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Holmberg |
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X |
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X |
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Jackson |
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Bravo |
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X |
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X |
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Shaw |
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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Gormally |
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9. ORDINANCE 06-12
ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK FOR CALENDAR YEAR 2012 PURSUANT TO N.J.S.A. 40A:4-45.14
WHEREAS, the Local Government Cap Law, N.J.S.A. 40A: 4-45.1 et seq., provides that in the preparation of its annual budget, a municipality shall limit any increase in said budget up to 2.5% unless authorized by ordinance to increase it to 3.5% over the previous year’s final appropriations, subject to certain exceptions; and,
WHEREAS, N.J.S.A. 40A: 4-45.15a provides that a municipality may, when authorized by ordinance, appropriate the difference between the amount of its actual final appropriation and the 3.5% percentage rate as an exception to its final appropriations in either of the next two succeeding years; and,
WHEREAS, the Borough Council of the Borough of Mountain Lakes in the County of Morris finds it advisable and necessary to increase its Calendar Year 2012 budget by up to 3.5% over the previous year’s final appropriations, in the interest of promoting the health, safety and welfare of the citizens; and,
WHEREAS, the Borough Council hereby determines that a 3.5% increase in the budget for said year, amounting to $48,800.06 in excess of the increase in final appropriations otherwise permitted by the Local Government Cap Law, is advisable and necessary; and,
WHEREAS, the Borough Council hereby determines that any amount authorized hereinabove that is not appropriated as part of the final budget shall be retained as an exception to final appropriation in either of the next succeeding years.
NOW THEREFORE BE IT ORDAINED, by the Borough Council of the Borough of Mountain Lakes, in the County of Morris, a majority of the full authorized membership of this governing body affirmatively concurring, that, in the Calendar Year 2012 budget year, the final appropriations of the Borough of Mountain Lakes shall, in accordance with this ordinance and N.J.S.A. 40A: 4-45.14, be increased by 3.5 %, amounting to $170,800.21, and that the Calendar Year 2012 municipal budget for the Borough of Mountain Lakes be approved and adopted in accordance with this ordinance; and,
BE IT FURTHER ORDAINED, that any amount authorized hereinabove that is not appropriated as part of the final budget shall be retained as an exception to final appropriation in either of the next two succeeding years; and,
BE IT FURTHER ORDAINED, that a certified copy of this ordinance as introduced be filed with the Director of the Division of Local Government Services within 5 days of introduction; and,
BE IT FURTHER ORDAINED, that a certified copy of this ordinance upon adoption, with the recorded vote included thereon, be filed with said Director within 5 days after such adoption.
Following introduction, the above Ordinance will be published in accordance with the law and a public hearing will be held on May 29, 2012.
At the Council’s request, Tim Roberts, a financial consultant working with the Borough, explained that the passage of this Ordinance allows the Borough to take full advantage of the State’s appropriations cap regulations. The State allows the Borough to increase the budget by two and a half percent (2.5%), and this Ordinance entitles the Borough to “bank” an extra one percent (1%) of appropriations for future budgetary purposes. The passage of such an Ordinance is an annual procedure for most municipalities and was discussed with the Borough’s Finance Committee. The extra percent banked is available for appropriation for a two (2) year period. The dollar amount referenced in the Ordinance is based on a percentage of appropriations, not expenditures.
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Council Member |
By: |
2nd |
Yes |
No |
Abstain |
Absent |
By |
2nd |
Yes |
No |
Abstain |
Absent |
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McWilliams |
X |
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X |
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Holmberg |
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Jackson |
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Bravo |
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Shaw |
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Happer |
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Gormally |
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10. *RESOLUTIONS
R72-12 Refund Overpayment of Taxes-Stubbs/Maykish
R73-12 Professional Services Contract Award for Borough Engineer – Anderson & Denzler
R74-12 Release of Executive Minutes
R75-12 Authorization for Manager to Execute Hold Harmless Agreements
R76-12 Cancel Capital Improvement Authorization
R77-12 Payment of Bills
11. *MINUTES
April 23, 2012 (Regular)
April 23, 2012 (Executive)
12. *DEPARTMENT REPORTS
Construction Official
Department of Public Works
Fire Department
Health Officer
Police Department
Prior to the roll call vote, Councilman Jackson asked to pull Resolution 72-12, Refund Overpayment of Taxes-Stubbs/Maykish, from the Consent Agenda. Additionally, he asked to pull Resolution 75-12, Authorization for Manager to Execute Hold Harmless Agreements, as well as Resolution 76-12, Cancel Capital Improvement Authorization, from the Consent Agenda.
Deputy Mayor Happer asked to pull Resolution 74-12, Release of Executive Minutes, from the Consent Agenda.
Mr. Tovo asked the Council to pull Resolution 73-12, Professional Services Contract Award for Borough Engineer – Anderson & Denzler, as the contract amount needed to be adjusted to $25,000.
Councilman Jackson asked that a change be made to the Regular Minutes, specifically the attachment of Resolution, 71-12, Release of Deed Restriction for 74 Route 46. He requested that the language in the Resolution be more definitive in stating that the variance conveys with the property. The Council and Borough Attorney Marty Murphy agreed that the second “Whereas” could be updated as follows:
“WHEREAS, a variance with conditions was obtained which allowed the exception set forth in the Deed restrictions; which variance is still in full force and effect;”
Councilman Jackson also made a non-substantive change to the Executive Minutes.
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Council Member |
By: |
2nd: |
Yes |
No |
Abstain |
Absent |
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McWilliams |
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X |
X |
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Holmberg |
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Jackson |
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Bravo |
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Shaw |
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Happer |
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Gormally |
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Resolution 72-12, Refund Overpayment of Taxes-Stubbs/Maykish
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Council Member |
By: |
2nd: |
Yes |
No |
Abstain |
Absent |
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McWilliams |
X |
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X |
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Holmberg |
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X |
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Jackson |
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Bravo |
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Shaw |
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X |
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Happer |
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X |
X |
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Gormally |
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X |
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Resolution 73-12, Professional Services Contract Award for Borough Engineer –
Anderson & Denzler
Mr. Tovo said that the amount of the contract stipulated in the Resolution needed to be adjusted to $25,000, and that this amount was consistent with historical spending. Deputy Mayor Happer said the DPW Committee had met with the Engineer and was recommending this contract award.
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Council Member |
By: |
2nd: |
Yes |
No |
Abstain |
Absent |
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McWilliams |
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X |
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Holmberg |
X |
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X |
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Jackson |
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X |
X |
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Bravo |
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X |
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Shaw |
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X |
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Happer |
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X |
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Gormally |
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X |
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Resolution 74-12, Release of Executive Minutes
Deputy Mayor Happer felt it was appropriate to have redacted Executive Minutes reviewed at each Borough Council meeting and felt that this was supported by the court order. Mr. Murphy said that the intent of the court order is for the prior meeting’s Executive Minutes to be approved at the next subsequent meeting, and that redacted Executive Minutes are to be reviewed periodically by the Borough Clerk and Attorney and then released via Resolution. Mr. Murphy will present a copy of the court order to the Council and discuss this at the next meeting.
Councilman Jackson said he assumed the King of Kings contract issues were settled since the Executive Minutes were being released. Mr. Murphy said yes, negotiations were complete. The attorney for King of Kings said he fully expects the contract to be signed and forwarded to Mr. Murphy’s office shortly. Mr. Murphy will then present the contract to the Borough Council.
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Council Member |
By: |
2nd: |
Yes |
No |
Abstain |
Absent |
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McWilliams |
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X |
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Holmberg |
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X |
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Jackson |
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X |
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Bravo |
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X |
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Shaw |
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X |
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Happer |
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X |
X |
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Gormally |
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X |
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Resolution 75-12, Authorization for Manager to Execute Hold Harmless Agreements
In response to questions from the Council, Mr. Tovo said that the form is JIF (Joint Insurance Fund) approved and he will forward a copy of the agreement for their review. Additionally, he assured Councilman Jackson that voting for the passage of this Resolution did not constitute an agreement to allow alcohol at Borough parks and/or beaches.
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Council Member |
By: |
2nd: |
Yes |
No |
Abstain |
Absent |
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McWilliams |
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X |
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Holmberg |
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X |
X |
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Jackson |
X |
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X |
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Bravo |
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X |
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Shaw |
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X |
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Happer |
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X |
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Gormally |
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X |
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Resolution 76-12, Cancel Capital Improvement Authorization
Mr. Roberts reported that these projects have been completed and that this Resolution will allow excess funds to be returned to the capital surplus. The Borough may either use these funds as revenue or appropriate them from the surplus for a capital project.
Deputy Mayor Happer expressed concern with the dollar amount stated in the Resolution. He said he was aware that the Borough was still completing 2011 reconciliations and the annual audit and he was not satisfied with the accuracy of the figure. Mayor Gormally stated that the Council had charged the CFO to identify unexpended balances, that the majority of the money was related to Ordinances passed in 2000, 2004 and 2005, and he felt confident that the figure would not change substantially after the reconciliations and audit were complete.
Mr. Murphy stated the Resolution must be adopted before the budget may be introduced.
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Council Member |
By: |
2nd: |
Yes |
No |
Abstain |
Absent |
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McWilliams |
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X |
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Holmberg |
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X |
X |
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Jackson |
X |
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X |
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Bravo |
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X |
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Shaw |
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Happer |
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Gormally |
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13. ATTORNEY REPORT
Mr. Murphy had nothing to report.
14. MANAGER REPORT
Mr. Tovo reported that the insurance carrier for the Mountain Lakes Club had removed its request for swim ropes and the Club had been advised accordingly.
Regarding alcohol consumption at Borough park facilities, Mr. Tovo said he proposed permitting three (3) areas. He said he had consulted with the Borough’s insurance carrier, and was told the Borough had adequate insurance in place. He also presented the Council with a sample hold harmless agreement for review. Mr. Tovo said he felt that a permitting process allowed the Borough the opportunity to better track events, and that better tracking allowed for better control.
During Council discussion, Councilman Jackson and Deputy Mayor Happer expressed dissent, citing concerns over the message the permitting of alcohol may convey to the youth of Mountain Lakes, as well as concerns about the lifeguards since two of the park areas are adjacent to the beaches. The remainder of the Council agreed that two (2) additional areas should be permitted, Midvale Field and the Esplanade. In addition, the Council agreed that the permit fee should be $25.00. Councilman Holmberg asked Mr. Tovo to research the necessity of Item #6 on the hold harmless agreement regarding the language “applicable to corporations only”, as the intent was not to issue permits to large groups. Mayor Gormally directed the Borough Attorney to draft an ordinance for introduction at the next meeting.
Mr. Tovo discussed the marketing of potential cell tower sites within the Borough. Most of these sites are located on Borough property adjacent to the New Jersey Transit Rail Line and not in residential areas. He said it is a fairly common practice for municipalities to contract with a company for the purpose of marketing, and that by taking an aggressive approach to marketing these sites, the Borough may be able to take advantage of another source of revenue. He recommended CW Solutions as the marketing company he’d like to use. If CW Solutions presents the Borough with a carrier and a proposal for a cell tower site, the Council would still have the opportunity to decide whether or not to commit to a contract. Mr. Tovo said the agreement with CW Solutions states that they do not get paid until the Borough signs a contract. If a contract were signed, the Borough receives a five percent (5%) share of the first year’s revenues. The Council agreed that Mr. Tovo could enter into an agreement with CW Solutions as long as Item #2, “CW’s Pricing”, was changed to reflect a “not to exceed amount”.
Working Budget Document Review
Tim Roberts reported to the Council that the Borough was approximately ninety-five percent (95%) completed with the 2012 budget. The Borough is waiting for some interpretation from the Department of Community Affairs (DCA) as to what can be anticipated in the budget, and the DCA is waiting for the Borough’s Annual Financial Statement (AFS). He and Mr. Tovo anticipate the budget will be ready for introduction soon.
The Council discussed the memo from the Finance Committee regarding the Borough’s debt and the different options for repayment. In response to a question from Mayor Gormally regarding the Borough’s “debt picture”, Mr. Roberts stated that fortunately, although the Borough’s debt has increased over the past few years, the Borough is not even close to the amount of debt allowed by the State but is at a debt threshold dramatically lower. The State allows a municipality to have a debt threshold of up to three and a half percent (3 ½%) of its ratable base, and the Borough’s debt equals about half a percent (.5%) of its total ratable base.
Deputy Mayor Happer said that, historically, the Finance Committee’s philosophy has been to recommend a ten percent (10%) yearly debt repayment schedule. Over the past few years, this recommendation has not been fully implemented. Mr. Happer also indicated that he believed that payments should follow the useful life of physical assets, and the Borough should not be deferring payment for assets until after the completion of their useful life. Mr. Tovo said that, due to the zero percent (0%) increase in the school budget, the Finance Committee thought it might be an opportune time to increase the Borough’s debt service payments. He explained that debt service is excluded from the cap, but Mr. Roberts added that it does affect the tax levy. Therefore, increasing debt service payments would affect the amount of the 2012 tax increase.
The Council debated the Finance Committee’s recommendations and discussed debt repayment philosophies.
15. COUNCIL REPORTS
Appointment to the Historic Preservation Committee: Smith
Councilman Holmberg made a motion, second by Mayor Gormally, to appoint Chris Smith to fill a vacancy on the Historic Preservation Committee, with all members in favor signifying by “Aye”.
Appointment to Planning Board: Bradlee
Councilman Holmberg withdrew this appointment.
Mayor’s Update on Historic Preservation Ordinance
Mayor Gormally directed the Council to the letter received from Borough Attorney Robert Oostdyk regarding whether or not it was necessary for the Historic Preservation Committee (HPC) to become a Commission in order to promote bulk incentives for historic homes. Mr. Murphy stated that the HPC has always been an advisory body and that changing the status of a committee to a commission conveys different permissions and parameters. Councilman Jackson made the point that a commission may offer more legal protection in the face of a court challenge to the bulk incentive ordinance; however, Mr. Murphy stated that the weak form of commission as proposed may still be susceptible to a legal challenge.
The consensus of the Council was that Mr. Murphy should provide two Ordinances for the next meeting, one retaining the HPC in its current committee form, and one creating a Historic Preservation Commission. Both Ordinances will contain the same bulk incentive language.
Janice Hunts Lifetime Achievement Award
Citizen of the Year Award
Mayor Gormally suggested that the Council accept the recommendations of the Personnel Committee with regard to the award recipients. Deputy Mayor Happer made a motion, second by Councilman Holmberg, to adopt the recommendations of the Personnel Committee, with all members in favor signifying by “Aye”. Awards will be presented by the Mayor at the Memorial Day Celebration following the parade.
16. PUBLIC COMMENT
Mayor Gormally opened the second public comment portion of the meeting with the consent of the Council.
With no one wishing to be heard, Mayor Gormally closed the public comment portion of the meeting.
17. ADJOURNMENT at 11:54 p.m.
Motion made by Deputy Mayor Happer, second by Councilman Holmberg, to adjourn the meeting at 11:54 p.m., with all members in favor signifying by “Aye”.
*Consent agenda
Attest: May 14, 2012
________________________________ _______________________________
Michele Reilly, RMC, Deputy Clerk Charles X. Gormally, Mayor