BOROUGH OF MOUNTAIN LAKES
BOROUGH HALL, 400 BOULEVARD, MOUNTAIN LAKES
973-334-3131
OCTOBER 22, 2012
7:30 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 7:30 p.m.
2. ATTENDANCE AND FLAG SALUTE
All Council members were present except for Councilman Shaw and Councilwoman Bravo, who were absent. Also in attendance were Borough Attorney Marty Murphy, Borough Manager Robert Tovo, and Deputy Borough Clerk Michele Reilly, as well as Acting Chief Financial Officer Tim Roberts and Recreation Director Celia Flynn.
3. EXECUTIVE SESSION RESOLUTION R130-12
Matters Relating to Litigation, Negotiations and the Attorney-Client Privilege
-Negotiations Concerning Lifting of the Deed Restriction on Block 8, Lot 17.01
Motion made by Councilman McWilliams, second by Deputy Mayor Happer, to enter into Executive Session with all members in favor signifying by “Aye”.
Motion made by Councilman McWilliams, second by Councilman Holmberg, to close the Executive Session and return to the public portion of the meeting with all members in favor signifying by “Aye”.
4. COMMUNITY ANNOUNCEMENTS
Mayor Gormally announced that the Spirit 5K, which benefits the Medical Needs Foundation, would be held this weekend. Also, the UN Weekend is holding its closing ceremony on Sunday afternoon. He invited all to attend.
Councilman Jackson mentioned that the Candidates Forum would be held on Thursday night, October 25th, and reminded all present to please vote on Election Day!
Councilman McWilliams said that Shredding Day would take place this weekend, on Saturday, October 27th. The event is not limited to residents, and proceeds are donated to the Mountain Lakes Fire Department and the Boonton Kiwanis Ambulance Squad. In addition, the Borough’s Trash Day takes place this weekend.
5. 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.
Fred Kanter – Hanover Road
Mr. Kanter read a headline from the Daily Record and showed a picture of the Cove taken from the 1936 25th Anniversary Silver Edition book. He said he felt that the Cove had not been improved by the Centennial Project. He said his goal was to see that tax dollars were spent properly and that he was striving for a well-functioning town.
Charles Halpin – Morris Avenue
Mr. Halpin expressed concern about the bear situation in the Borough. Mr. Tovo explained that the Department of Fish and Wildlife had captured and relocated two (2) bears and that sightings were down. He said the Borough will continue aversive conditioning and trapping. Councilman Holmberg mentioned the importance of educating the public and suggested bringing Detective Bennett’s bear presentation to the schools.
OCTOBER 22, 2012
Regular Minutes
Page Two
With no one else wishing to be heard, Mayor Gormally closed the public comment portion of the meeting.
6. SPECIAL PRESENTATION –
Recreation Department Overview
Recreation Director Celia Flynn gave an overview of the 2012 Recreation programs, as well as goals, objectives, and recommendations for 2013. She spoke about the many positive changes taking place within both the Recreation Commission and Recreation activities. One of the main goals of the Commission is sustainability, and the Commission hopes to achieve this goal by establishing and supporting boards for sports, and also by encouraging the sports to fund themselves via their user fees. Mayor Gormally, the Council liaison to the Commission, said it is very positive that there is only a $40,000 difference between Recreation revenues and expenses.
Ms. Flynn said Borough Recreation events have been very well attended and that Recreation activities are much sought after. She has been able to facilitate on-line payments via credit card and Paypal. Some of the challenges she faces are facilities use, as there are many requests for the limited facilities in the Borough, and volunteerism.
Councilman Holmberg said he has seen much process and structure brought to the Commission since he served five (5) years ago. He thought it might be a good idea for the Borough to consider a Recreation Center. The rest of the Council offered compliments to Ms. Flynn and to the Commission on the state of Recreation in the Borough and also on the thoroughness of their report.
7. DISCUSSION ITEM-
Finance – Long Term Debt Service
Mr. Tovo said that it may be a good time for the Borough Council to consider authorizing the conversion of short-term debt into long-term debt. He said this issue was discussed at the last Finance Advisory Committee meeting, where those present included the CFO, the Borough Auditor, and the Borough Bond Counsel. Mr. Roberts, the Acting CFO, said that a long term bond would lock in an interest rate and that bond rates are presently quite low. Also, the Borough has a good “AA1” rating. The maximum amount the Borough could bond would be $3,311,825.00. Deputy Mayor Happer confirmed that the idea of converting short-term debt into long-term debt had been vetted at the Finance Advisory Committee meeting and that the Committee thought this was a sensible idea. The consensus of the Council was to agree with the recommendation of the Committee and move forward with the idea of a long-term bond sale. Mr. Roberts is to report back to the Council with rates and should begin preparing a Resolution for a future agenda.
8. ORDINANCE 19-12
ORDINANCE AMENDING CHAPTER 111 OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF MOUNTAIN LAKES ENTITLED “FEES”
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 111 of the Revised General Ordinances of the Borough of Mountain Lakes, § 111-3 entitled "Fee schedules", Subsection H entitled "Zoning Board of Adjustment", shall be amended to read in its entirety as follows:
H. Zoning Board of Adjustment.
OCTOBER 22, 2012
Regular Minutes
Page Three
|
|
|
Fee |
Code Reference
|
|
(1) |
Appeals |
$250.00 |
§40-32 |
|
(2) |
C Variances [N.J.S.A. 40:55D-70(c)] For structural additions and alterations to the principle structure |
$250.00 per variance |
|
|
(3) |
C Variances [N.J.S.A. 40:55D-70(c)] For non-structural additions or alterations to the principle structure such as decks, patios, compressors, etc. |
$150.00 per variance |
|
|
(4) |
D Variances [N.J.S.A. 40:55D-70(d)(1)(2)(3)] |
$500.00 per variance |
|
|
(5) |
D Variances [N.J.S.A. 40:55D-70(d)(4)(5)(6)] |
$250.00 per variance |
|
|
(6) |
Interpretations |
$250.00 |
|
|
(7) |
Issuance of Permit [N.J.S.A. 40:55D-34] |
$250.00 |
|
|
(8) |
Escrow fees (a) D Variances [N.J.S.A. 40:55D-70(d)(1)(2)(3)]
(b) Review and/or outside consultants or experts
(c) Residential subdivision or site plan
(d) Non-residential subdivision or site plan |
$1,000.00
$2,000.00
$50.00 per lot/ minimum fee $500.00 $200.00 per 1,000 sq. ft. of new floor space/minimum fee $2,000.00 |
§40-33 |
|
(9) |
Subdivision, Site Plan, or Conditional Use Approval Pursuant to §40-21A(7) |
Same as Planning Board Fees §111-3G
|
|
|
(10) |
Compiled and certified list of property owners in Borough to whom applicant for variance is required to give notice |
$10.00 |
§40.36 |
|
|
When the applicant requests that an application be carried to another meeting there shall be an additional charge of 10% of the particular fee paid |
|
|
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 provide by law.
PUBLIC HEARING
OCTOBER 22, 2012
Regular Minutes
Page Four
Mayor Gormally opened the public hearing on the Ordinance 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 hearing on the Ordinance.
|
Council Member |
By: |
2nd |
Yes |
No |
Abstain |
Absent |
By |
2nd |
Yes |
No |
Abstain |
Absent |
|
McWilliams |
|
|
X |
|
|
|
X |
|
X |
|
|
|
|
Holmberg |
|
|
|
|
|
X |
|
|
X |
|
|
|
|
Jackson |
|
|
X |
|
|
|
|
|
X |
|
|
|
|
Bravo |
|
X |
X |
|
|
|
|
|
|
|
|
X |
|
Shaw |
X |
|
X |
|
|
|
|
|
|
|
|
X |
|
Happer |
|
|
X |
|
|
|
|
X |
X |
|
|
|
|
Gormally |
|
|
X |
|
|
|
|
|
X |
|
|
|
9. *RESOLUTIONS
R131-12 Supplemental Salary Resolution – Denison, M. Mabey
R132-12 Appointment of Tax Collector - Purcell
R133-12 Authorizing Membership in NJ Firemen’s Association – Caine
R134-12 Approval to Submit NJDOT Grant Application and to Execute Grant Contract for Briarcliff/Crane Project
R135-12 Payment of Bills
10. *MINUTES
October 9, 2012 (Executive)
October 9, 2012 (Regular)
|
Council Member |
By: |
2nd: |
Yes |
No |
Abstain |
Absent |
|
McWilliams |
|
X |
X |
|
|
|
|
Holmberg |
X |
|
X |
|
** |
|
|
Jackson |
|
|
X |
|
|
|
|
Bravo |
|
|
|
|
|
X |
|
Shaw |
|
|
|
|
|
X |
|
Happer |
|
|
X |
|
|
|
|
Gormally |
|
|
X |
|
|
|
** Councilman Holmberg abstained from voting on the minutes (both Regular and Executive)
11. ATTORNEY REPORT
Mr. Murphy had nothing to report.
OCTOBER 22, 2012
Regular Minutes
Page Five
12. MANAGER REPORT
Mr. Tovo said that he had included a copy of the 2012 budget, tracked through the end of the third quarter, with his Manager’s Report. In addition, he had provided a status of bank account reconciliations. He asked the Council for feedback on these financial reports. Councilman Jackson said he thought the reports were very good and that the Borough was making good progress with the account reconciliations. He asked if they would be finished by the end of the year and Mr. Roberts said yes, they would. Deputy Mayor Happer asked that another update be provided at the next meeting. Mr. Tovo said he would supply the Council with budget tracking reports in both November and December. Councilman Jackson told Mr. Tovo and Mr. Roberts that he would like the reports signed.
Mr. Tovo reported that there are currently no active wells operating within the Borough and that all properties are currently on metered service. Councilman Jackson asked if the wells were actually closed. Mr. Tovo said he would consult with Borough Engineer Bill Ryden and report back to the Council.
Mr. Tovo told the Council that the Borough Attorney had reviewed the solid waste collection bids and that both bids were determined to be in compliance with legal requirements. The bids will be discussed by the Solid Waste Committee and Mr. Tovo expects the Council will receive a recommendation shortly.
Mr. Tovo said that the State of New Jersey has approved the Borough’s request to consider a reassessment in 2013.
13. COUNCIL REPORTS
Finance Advisory Committee – previously reported by Deputy Mayor Happer during Long Term Debt discussion.
Woodlands Committee – Councilman McWilliams said the Committee is busy planting American chestnut trees and monitoring the activities of beavers in Birchwood Lake.
Library Board of Trustees – Councilman McWilliams had nothing new to report.
Solid Waste Committee – previously reported during the Manager’s Report.
14. 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.
15. ADJOURNMENT at 9:46 p.m.
Motion made by Deputy Mayor Happer, second by Councilman Holmberg, to adjourn the meeting at 9:46 p.m., with all members in favor signifying by “Aye”.
*Consent agenda
Attest: October 22, 2012
________________________________ _______________________________
Michele Reilly, RMC, Deputy Clerk Charles X. Gormally, Mayor