BOROUGH OF MOUNTAIN LAKES
BOROUGH HALL, 400 BOULEVARD, MOUNTAIN LAKES
973-334-3131
DECEMBER 17, 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 7:32 p.m.
2. ATTENDANCE AND FLAG SALUTE
All Council members were present. Also in attendance were Borough Attorney James Bryce, Borough Manager Robert Tovo, and Deputy Borough Clerk Michele Reilly, as well as Department of Public Works Director Mark Prusina, Borough Bond Counsel Robert Beinfield, and Acting Chief Financial Officer D. Timothy Roberts.
After the Pledge of Allegiance, Mayor Gormally asked for a moment of silence to acknowledge those affected by the tragedy in Newtown, Connecticut.
3. EXECUTIVE SESSION RESOLUTION R145-12
Matters Relating to the Employment Relationship:
-Personnel: Borough Clerk
Matters Relating to Litigation, Negotiations and the Attorney-Client Privilege
-Tax Appeal Settlement: Cannon vs. Mountain Lakes
-Tax Appeal Settlement: Deones vs. Mountain Lakes
-Tax Appeal Settlement: Fleming vs. Mountain Lakes
-Tax Appeal Settlement: Shoenfeld vs. Mountain Lakes
-Tax Appeal Settlement: Smith vs. Mountain Lakes
-Tax Appeal Settlement: Wexler vs. Mountain Lakes
Matters Relating to the Purchase; Lease or Acquisition of Real Property or the Investment of Public Funds:
-Acquisition of Property, King of Kings
Amended to Include:
Matters Relating to the Purchase; Lease or Acquisition of Real Property or the Investment of Public Funds:
-Amendment to Agreement Between the Borough of Mountain Lakes and Rensselaer Grads LLC
Motion made by Councilman Holmberg, second by Councilman Shaw, to enter into Executive Session with all members in favor signifying by “Aye”.
Motion made by Councilman Holmberg, second by Councilman Shaw, 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 Borough Council had held a moment of silence for the victims of gun violence and those affected by the tragedy in Connecticut.
5. PUBLIC COMMENT
Mayor Gormally opened the public comment portion of the meeting with the 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.
Jim Moody – Robinhood Drive
Mr. Moody spoke about the proposed development in Parsippany and the impact an egress onto Intervale Road could have. He urged the Council to get involved and protect the gateway into Mountain Lakes
BOROUGH OF MOUNTAIN LAKES
DECEMBER 17, 2012
PAGE TWO
Linda Hyson – Ronarm Drive
Mrs. Hyson said she supported the comments made by Mr. Moody and urged the Council to get involved on behalf of Borough residents.
Jim Hyson – Ronarm Drive
Mr. Hyson urged the Council to take a hard stance against the Parsippany project.
Penny Leman – Sherwood Drive
Ms. Leman urged the Council to protect the berm, as she felt it would provide a buffer against increased noise and lights.
Kevin Dolan – Crescent Drive
Mr. Dolan stated his belief that the Council hasn’t been aggressive enough in protecting the interests of residents regarding the Waterview project (Parsippany development). Mr. Dolan also expressed his concerns about the danger presented by bears in the Borough and felt that this issue needed to be addressed.
With no one else wishing to be heard, Mayor Gormally closed the public comment portion of the meeting.
Mayor Gormally spoke to the audience about the process surrounding a zone change. He said that Parsippany’s Planning Board is currently listening to the developer’s proposal, as well as to resident concerns, and then has to determine the recommendation they will make to Parsippany’s governing body. The governing body then has to decide whether or not to accept the recommendation of the Planning Board. Mayor Gormally stated that the Borough Council had discussed the Parsippany project and subsequently directed the Borough Manager to articulate the position of the municipality and to express the Council’s grave concern over the proposed ingress and egress onto Intervale Road, and well as the proposed changes to the existing buffer. He mentioned that some of Parsippany’s own paid professionals had expressed similar concerns. He said it was important that Borough residents stay engaged in the process.
Regarding Mr. Dolan’s concerns about bears, Mr. Tovo stated that the Borough is under strict guidelines from the State Department of Fish and Wildlife regarding the management of bears in the Borough, particularly as to locations where trapped bears may be removed. For example, surrounding states will not accept trapped bears. The Police Department conditions bears with rubber bullets in an attempt to discourage them from eating garbage and taking up residence in the Borough.
6. DISCUSSION ITEM: 2012 COUNCIL GOAL REVIEW
Deputy Mayor Happer led the discussion and highlighted the four (4) main 2012 goals of the Borough Council: manage the budget, leverage shared services, communications, and long range project plan completion. In reference to managing the budget, Deputy Mayor Happer said he thought the 2012 budget was very thorough. In addition, there was active participation in budgetary matter all year by the Finance Advisory Committee. He felt that the new procedure of receiving quarterly updates from the Chief Financial Officer would help both the Council and the Committee better manage budget issues. Councilman Holmberg mentioned that the two percent (2%) budgetary cap mandated by the State makes budgeting difficult for municipalities, as costs continue to rise and residents request a zero percent (0%) increase in taxes.
Deputy Mayor Happer commended the Shared Services Sub-Committee on the tremendous amount of effort they put forth in 2012. Councilman Shaw said the Borough had made much progress in shared services over the years, specifically noting the transition to County Dispatch and the shared court arrangement with Denville. He said efforts in 2012 centered on the possibility of shared police services with the Township of Boonton; unfortunately, they were not very interested. Councilman Holmberg said that the Council should remain vigilant to opportunities and explore shared services with the Board of Education. Councilman McWilliams mentioned the shared service agreements with fire departments in other municipalities and with the Boonton Kiwanis Ambulance Squad in which the Borough participates.
The Broadcast email was cited by the Council as an example of how the Borough has “enhanced and aligned communications to Borough residents”, another 2012 goal. The Council complimented Mr. Tovo and Ms. Reilly on the success of the Broadcast email program, particularly for the broadcasts sent during Hurricane Sandy. Additionally, it was mentioned that information posted on the Borough website is also available through Twitter or through text messaging. Councilman Jackson said he felt the placement of an electronic bulletin board outside the Borough hall should be revisited in 2013.
Deputy Mayor Happer said that the DPW Sub-Committee had worked hard in 2012 towards understanding the needs and processes surrounding some of the long range plans and as a result, the Borough’s capital plan is now more robust. Mayor Gormally mentioned that the Council had cancelled some unexpended balances for capital projects and now had a much clearer picture of the debt structure, which would be helpful when planning future projects.
Deputy Mayor Happer asked that the returning Council members think about goals for 2013 and also asked the Council-elect to contribute their thoughts and goals. The Borough Council will discuss 2013 goals in January
BOROUGH OF MOUNTAIN LAKES
DECEMBER 17, 2012
PAGE THREE
7. ORDINANCE 20-12
ORDINANCE AMENDING CHAPTER 245-9 OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF MOUNTAIN LAKES CONCERNING THE RESIDENTIAL-AFFORDABLE HOUSING (RA-H) ZONE
WHEREAS, the R-AH Residential - Affordable Housing Zone is located in the Borough of Mountain Lakes west of the intersection of Fanny Road and Morris Avenue with the purpose of providing a realistic opportunity for the construction of affordable housing as part of a comprehensively planned housing development; and,
WHEREAS, the R-AH Zone was established via Ordinance 01-05 adopted on April 25, 2005 and via Ordinance 08-06 adopted on June 12, 2006 and limited development to a maximum of 44 dwelling units of which at least eight units were to be set aside as affordable housing units; and,
WHEREAS, the economic recession of 2007 has disrupted development in the R-AH Zone which is only partially complete, and that a new developer wishes to complete the project but in a modified fashion that is more responsive to current market demands; and,
WHEREAS, the proposed modifications include an increase in the total number of dwelling units from 44 units to 47 units, changes to the dwelling unit configurations, and other modifications to the site plan, and that to encourage completion of the project and retention of the Planning Board as having jurisdiction of the site plan, certain modifications to the R-AH Zone are determined to be appropriate.
WHEREAS, the Planning Board has reviewed this Ordinance and determined that it is in part inconsistent with the 1996 Master Plan and has recommended adoption despite the partial inconsistency.
NOW THEREFORE BE IT ORDAINED by the Borough Council of the Borough of Mountain Lakes in the County of Morris and State of New Jersey, as follows:
Section 1. Chapter 245-9 entitled “Residential – Affordable Housing (R-AH) Zone,” is hereby amended in subparagraph A.(1) concerning principal permitted uses to read as follows:
(1) A maximum of 47 dwelling units shall be permitted, of which at least 8 units shall be set aside as affordable housing.
Section 2. Chapter 245-9 entitled “Residential – Affordable Housing (R-AH) Zone,” is hereby amended in subparagraph C concerning development standards to read in part as follows:
Type Requirement
Minimum setbacks (principal buildings)
From public right-of-way 40 feet2
NOTES:
2An elevated deck attached to a townhouse shall be permitted to extend up to 8 feet into the required minimum setback from the Fanny Road public right-of-way provided the floor area of the deck is less than 125 square feet and the deck is unroofed and unenclosed except for safety railings and provided that the intervening yard area is effectively buffered by landscaping.
Section 3. Chapter 245-9 entitled “Residential – Affordable Housing (R-AH) Zone,” is hereby amended in subparagraph C concerning development standards to read in part as follows:
Type Requirement
Maximum height 2½ stories/35 feet3
3A maximum building height of 3 stories and 39 feet shall be permitted for market rate townhouses in buildings in which any portion of the building is within 150 feet of Morris Avenue or within 50 feet of Fanny Road. This extended height limit shall apply to a maximum of 5 buildings containing a maximum of 22 townhouse units.
Section 4. If any section or provision of this Ordinance shall be held invalid in any court of competent jurisdiction, the same shall not affect the other sections or provisions of this Ordinance, except so far as the section or provision so declared invalid shall be inseparable from the remainder or any portion thereof.
Section 5. All ordinances or parts of ordinances that are inconsistent herewith are hereby repealed to the extent of such inconsistency.
Section 6. This Ordinance shall take effect immediately after final passage and publication in the manner provided by law.
BOROUGH OF MOUNTAIN LAKES
DECEMBER 17, 2012
PAGE FOUR
If adopted this Ordinance shall take effect after publication and passage as provided by law.
PUBLIC HEARING
Mayor Gormally stated that the proposed Ordinance changes had been reviewed by the Planning Board and that it had been determined that the changes are not consistent with the Master Plan, since the Master Plan has not been updated since 1996. Mayor Gormally said the Ordinance, if passed, allows the developer to add an additional three (3) units, but that the developer would still need to receive Planning Board approval for site work. Regarding the Planning Board’s request that the fifth “whereas” be deleted, Mr. Bryce advised against this as he said this language supports the reason why the Planning Board recommends the adoption of the Ordinance in spite of the inconsistency with the Master Plan. The Council agreed with Mr. Bryce’s recommendation.
Mayor Gormally opened the Public Hearing on Ordinance 20-12 with consent of the Council.
John Lester – Boulevard
Mr. Lester urged the Borough to recommend the developer commit funds for a COAH obligation.
Peter Wolfson – Morristown
Mr. Wolfson, the Attorney representing Hornrock Properties, said that their position would be that the municipality did not have a COAH obligation due to the fact that the municipality is non-participatory in COAH and there are already eight (8) affordable housing units built and occupied at the site.
With no one else wishing to be heard, Mayor Gormally closed the Public Hearing on Ordinance 20-12.
The Council discussed affordable housing obligations and the Council on Affordable Housing (COAH). Mayor Gormally and Councilman Shaw reminded the other members of Council that in 2009 the Borough Council decided not to participate in the third round of COAH. Councilman Jackson made a motion to amend Section 1 (1) to increase the number of units to be set aside for affordable housing by one (1). He did not receive a second to his motion.
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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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Shaw |
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Happer |
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Gormally |
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Introduced: November 12, 2012 Adopted: December 17, 2012
8. *RESOLUTIONS
R146-12 Resolution Providing for the Combination of Bonds Into A Single Issue Bond
R147-12 Resolution Authorizing a 2013 Bond Sale
R148-12 Resolution Authorizing the Transfer of Appropriations
R149-12 Resolution Authorizing Emergency Appropriation for Storm Clean-Up
R150-12 Resolution (Supplemental) Authorizing 2012 Municipal Employees’ Salary - Manella
R151-12 Resolution Confirming Borough Manager’s Appointment of Police Chief – Bennett
R152-12 Resolution Authorizing Payment of Bills
The Council agreed that all Resolutions would be pulled from the Consent Agenda for separate consideration and vote.
BOROUGH OF MOUNTAIN LAKES
DECEMBER 17, 2012
PAGE FIVE
Resolution 146-12 Resolution Providing for the Combination of Bonds Into a Single Issue Bond
Bond Counsel Bob Beinfield told the Council that the new bond sale would lock in an interest rate for twelve (12) years; however, should the market change, the sale could be pulled up to 24 hours prior to the sale date. Mr. Beinfield said that Moody’s would be rating the offering and as a point of reference Moody’s earlier this year affirmed its Aa1 general rating for the Borough. Deputy Mayor Happer said the combination of bonds and subsequent bond sale had been fully vetted through the Finance Advisory Committee.
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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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Bravo |
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Shaw |
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Happer |
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Gormally |
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Resolution 147-12 Resolution Authorizing a 2013 Bond Sale
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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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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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X |
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Resolution 148-12 Resolution Authorizing the Transfer of Appropriations
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Council Member |
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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Shaw |
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Happer |
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Gormally |
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BOROUGH OF MOUNTAIN LAKES
DECEMBER 17, 2012
PAGE SIX
Resolution 149-12 Resolution Authorizing Emergency Appropriation for Storm Clean-Up
Mr. Tovo said that the Borough must provide an estimate of the cost necessary to finish the clean-up from Hurricane Sandy. So far the Borough has spent a little over $100,000 on outside vendors and $50,000 internally, for a total cost of $150,000. FEMA still owes the Borough $285,000 for Hurricane Irene clean-up. Although the Borough expects to recoup 75% of the costs from FEMA, Mr. Tovo said that unfortunately FEMA does not pay in a timely fashion and the vendors still have to be paid. Acting Chief Financial Officer Tim Roberts said that the Borough is floating notes for clean-up, very similar to BANs (bond anticipation notes). Deputy Mayor Happer asked Mr. Roberts to make sure that he followed up and reviewed this information with the Finance Advisory Committee.
Councilman Jackson asked about removing debris on private property and cautioned against setting a precedent. He recommended clear written guidelines regarding the Borough policy. Mr. Tovo confirmed that he is in the process of clarifying the guidelines and expects that the Borough will soon be adopting a policy in reference to the clean-up of Borough trees which fall on private property. He expects that in the future these issues will be treated in the same manner as is consistent with the law, i.e. the homeowner’s insurance company is responsible for any damage and/or removal of debris.
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Council Member |
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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Shaw |
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Happer |
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Gormally |
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Resolution 150-12 Resolution (Supplemental) Authorizing 2012 Municipal Employees’ Salary - Manella
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Council Member |
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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Shaw |
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Happer |
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Gormally |
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BOROUGH OF MOUNTAIN LAKES
DECEMBER 17, 2012
PAGE SEVEN
Resolution 151-12 Resolution Confirming Borough Manager’s Appointment of Police Chief – Bennett
Mayor Gormally asked Mr. Tovo to read the Resolution into the record. Mr. Tovo read as follows:
WHEREAS, Police Chief Robert D. Tovo has advised the Borough Council that he will be retiring from the office of Police Chief of the Borough of Mountain Lakes effective March 1, 2013; and
WHEREAS, Chapter 26 of the Borough Code of the Borough of Mountain Lakes provides that there shall be a Department of Police, the head of which shall be the Chief of Police; and
WHEREAS, the Code further provides that the Chief of Police shall be appointed by the Borough Manager and confirmed by the Council and, prior to his/her appointment, shall be qualified through training and experience in police administration; and
WHEREAS, the Borough Manager and Borough Council have interviewed candidates for the office of Chief of Police and the Borough Manager has advised the Council of his appointment of Shawn M. Bennett as Chief of Police effective March 1, 2013; and
WHEREAS, the Borough Council has determined that Shawn M. Bennett meets the qualifications for the office of Chief of Police, as specifically set forth in Chapter 26-12 of the Borough Code, and wishes to confirm the appointment effective March 1, 2013.
NOW, THEREFORE, BE IT RESOLVED by the Borough Council of the Borough of Mountain Lakes, in the County of Morris and State of New Jersey, that the appointment of Shawn M. Bennett as Chief of Police of the Borough of Mountain Lakes is hereby confirmed.
Councilwoman Bravo commended the Personnel Sub-Committee on their hard work. Councilman Jackson said that all the candidates were very qualified and it was nice to know that the Borough had so many good officers. Mayor Gormally stated that the qualified pool of candidates was a testament to Chief Tovo and he extended his thanks to all the candidates.
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Council Member |
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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Shaw |
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Happer |
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Gormally |
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Resolution 152-12 Resolution Authorizing Payment of Bills
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Council Member |
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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Shaw |
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Happer |
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Gormally |
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BOROUGH OF MOUNTAIN LAKES
DECEMBER 17, 2012
PAGE EIGHT
Resolution to Approve the Tax Appeal Settlements:
Cannon vs. Mountain Lakes
Deones vs. Mountain Lakes
Fleming vs. Mountain Lakes
Shoenfeld vs. Mountain Lakes
Smith vs. Mountain Lakes
Wexler vs. Mountain Lakes
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Council Member |
By: |
2nd: |
Yes |
No |
Abstain |
Absent |
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McWilliams |
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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X |
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Gormally |
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X |
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Mr. Bryce told the Council that, per his discussion with Peter Wolfson, the attorney for Hornrock Properties, an amended Developer’s Agreement with Hornrock Properties would be submitted for Council approval in January.
9. *MINUTES
November 26, 2012 (Executive)
November 26, 2012 (Regular)
December 10, 2012 (Executive)
December 10, 2012 (Regular)
10. *DEPARTMENT REPORTS
Construction Official
Department of Public Works
Fire Department
Health Officer
Police Department
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Council Member |
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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Shaw |
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Happer |
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Gormally |
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BOROUGH OF MOUNTAIN LAKES
DECEMBER 17, 2012
PAGE NINE
10. ATTORNEY REPORT
Mr. Bryce had nothing to report in addition to what had been previously discussed.
11. MANAGER REPORT
-Morris County Park Commission Letter – Tourne Park
Mr. Tovo explained that the Morris County Park Commission was planning a controlled burn in some areas of the Tourne in order to reduce the hazard for wildfires by reducing accumulated vegetative fuels, control invasive species, enhance the wildlife habitat and reduce the tick population. The Park Commission requested the Borough allow the burn to take place on approximately three (3) acres of Richard Wilcox Park. Mr. Tovo recommended the Council approve the request and said that the Woodlands Committee supports the approval. The burn would be run by the New Jersey Forest Fire Service. Councilwoman Bravo asked about neighbor notification and Mr. Tovo said neighbors would be notified. In addition, the burn will not take place unless conditions are optimal. The Council consensus was to allow the Commission to conduct the burn.
-Correspondence with Township of Parsippany-Troy Hills Planning Board
Mayor Gormally explained that this had been previously discussed after the first Public Comment session.
Mr. Tovo said that the County of Morris is encouraging elected officials to contact the Morris County Board of Chosen Freeholders in reference to adding the cost of County dispatch services into the County tax bill. Doing so would make participation in County dispatch services more affordable for municipalities. Right now the Borough spends about $100,000 on County Dispatch Services. Mr. Tovo said the good news was that the increase in the cost of County Dispatch Services for 2013 was 1.25%, well under the 2% increase allowed by the cap.
Councilman Holmberg brought up the issue of school safety. He asked that the Police Department coordinate with the Board of Education and articulate to residents how this issue is being handled. Mr. Tovo said the Police Department has always been proactive and will continue to proactively approach school security. He mentioned that one of the biggest obstacles in implementing security measures is funding. He also reminded the Borough Council that security plans were largely confidential by nature and therefore certain details could not be released to residents.
12. COUNCIL REPORTS
Personnel Sub-Committee
Councilman Shaw mentioned that Personnel Sub-Committee discussions had already been covered earlier in the meeting.
Finance Advisory Committee
Councilman Holmberg said that Finance Committee comments had been reported earlier in the meeting.
Shade Tree Commission
Councilwoman Bravo reported that the Shade Tree Commission (STC) has developed six (6) goals for 2013. They have two long-term members retiring at the end of 2012 and need three new members.
Lakes Management Advisory Committee
Councilwoman Bravo commented that Allied Biological had recently given its year-end report to the Committee, and it was fascinating to learn that the Borough has freshwater jellyfish in its lakes. Allied reported that freshwater jellyfish are a positive sign and an indicator of good water quality. In addition, the Committee intends to address the following issues in 2013: the brown film at Birchwood, the high sediment level at Wildwood, and dog waste at the beaches, particularly at Crystal Lake.
Environmental Commission
Deputy Mayor Happer said the Commission is still working on 2013 goals and a well-head protection Ordinance.
Planning Board
Mayor Gormally said the Board is hearing the amended site plan application for Hornrock Properties this Thursday. He asked Councilwoman Bravo to step in as the Mayor’s Designee since she will be appointed as the Council’s Planning Board Representative for 2013 and he wanted to ensure continuity in case the application requires more than one meeting.
BOROUGH OF MOUNTAIN LAKES
DECEMBER 17, 2012
PAGE TEN
13. PUBLIC COMMENT
Mayor Gormally opened the second public comment portion of the meeting with the 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.
John Lester – Boulevard
Mr. Lester recommended the Borough Council members visit the new Historic Preservation Committee (HPC) website and thanked the Council for passing the recent Ordinance involving the preservation of historic homes.
Jim Moody – Robinhood Drive
Mr. Moody said the Mountain Lakes Library was considering buying a generator so that they could operate as a shelter in the event of another storm like Hurricane Sandy.
With no one else wishing to be heard, Mayor Gormally closed the second public comment portion of the meeting.
14. ADJOURNMENT at 10:40 p.m.
Motion made by Councilman Shaw, second by Councilman Jackson, to adjourn the meeting at 10:40 p.m., with all members in favor signifying by “Aye”.
Attest: December 17, 2012
________________________________ _______________________________
Michele Reilly, RMC, Deputy Clerk Charles X. Gormally, Mayor