BOROUGH OF MOUNTAIN LAKES
BOROUGH HALL, 400 BOULEVARD, MOUNTAIN LAKES
973-334-3131
JANUARY 28, 2013
7:30 p.m. EXECUTIVE SESSION
8:00 p.m. 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 4, 2012 and posted in the municipal building.
Mayor Happer called the meeting to order at 7:30 pm.
2. ROLL CALL ATTENDANCE
Ms. Reilly called the roll. All Council members were present except for Deputy Mayor McWilliams, who arrived at 7:34 p.m. Also in attendance were Borough Attorney Marty Murphy, Borough Manager Robert Tovo, and Deputy Borough Clerk Michele Reilly, as well as Department of Public Works Director Mark Prusina, Acting Chief Financial Officer D. Timothy Roberts and Detective Shawn Bennett, representing the Police Department.
3. FLAG SALUTE
4. EXECUTIVE SESSION
RESOLUTION R36-13
Matters Relating to Litigation, Negotiations, and the Attorney-Client Privilege
-Tax Appeal Settlement: Batesko vs. Mountain Lakes
-Tax Appeal Settlement: Hill vs. Mountain Lakes
-Tax Appeal Settlement: Hu vs. Mountain Lakes
-Tax Appeal Settlement: Menack vs. Mountain Lakes
-Tax Appeal Settlement: Selver vs. Mountain Lakes
-Possible Litigation/Negotiation Relating to Development Plan of Adjacent Municipalities
-Claim Regarding Tax Sale Certificate Redemption – 6 Tower Hill Road
Matters Relating to the Purchase, Lease or Acquisition of Real Property or the Investment of Public Funds
-Acquisition of Property, King of Kings
Motion made by Councilman Holmberg, second by Councilman Borin, to enter into Executive Session with all members in favor signifying by “Aye”.
Motion made by Councilman Holmberg, second by Councilwoman Bravo, to close the Executive Session and return to the public portion of the meeting with all members in favor signifying by “Aye”.
5. COMMUNITY ANNOUNCEMENTS
Councilman Holmberg announced that the Board of Elections was seeking candidates willing to run for office. Also, he said that Boy Scout Troop 10 had visited the Council Chambers at the Borough Hall earlier in the month and had discussed citizenship.
6. OATH OF OFFICE, FIRE DEPARTMENT
Deputy Chief Matt DeSantis
Assistant Chief Steve Castellucci
The Oath of Office was administered to Deputy Chief Matthew DeSantis by Mayor Happer, with his girlfriend Kate Gannon holding the Bible.
The Oath of Office was administered to Assistant Chief Steve Castellucci by Mayor Happer, with his wife Linda holding the Bible.
BOROUGH OF MOUNTAIN LAKES
JANUARY 28, 2013
PAGE TWO
7. PUBLIC COMMENT
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.
David Shertzer – Lookout Road
Mr. Shertzer expressed thanks to Councilman Holmberg and Planning Board member Corey Nachschen for hosting Boy Scout Troop 10 and discussing citizenship with them.
Jackie Bay – Morris Avenue
Mrs. Bay spoke on behalf of the Environmental Commission and read a prepared statement. In its statement the Environmental Commission recommended that the Borough Council “engage the Borough Engineer to determine the impact of traffic, noise, and light pollution in Mountain Lakes” as well as “evaluate the potential negative impact of grading changes on the water quality of the stream that runs along Intervale Road.” Also, the Commission recommended that the Council “ensure that the prohibition of any access to Intervale Road be restored in the new zoning Ordinance.”
Paul Cariffi – Parsippany
Mr. Cariffi identified himself as a Parsippany Councilman and stated that was offering his assistance and that he had come to listen to the concerns of Mountain Lakes’ residents.
Nancy DuTertre – Lake Drive
Ms. DuTertre stated her feelings that Parsippany is violating the principles of its own Master Plan, specifically to be a good neighbor. She provided supporting documentation which lists this Master Plan principle as “to ensure development within the Township does not conflict with the development and general welfare of neighboring municipalities, Morris County, and the State as a whole.”
David Kaplan – Intervale Road
On behalf of all the members of the concerned citizens group, Mr. Kaplan expressed thanks to the Borough Council for including a discussion about the proposed Ordinance on the agenda. He mentioned that the group has a website and encouraged Council members to visit the site.
Robert Paluso – Parsippany
Mr. Paluso is the President of the Parsippany Area Chamber of Commerce. He encouraged the Borough Council to listen to its residents. He said that smart development is important and urged the Council to work with the Township of Parsippany in order to create a good project.
Ron Owens – Intervale Road
Mr. Owens said that the entrance to Mountain Lakes on Intervale Road was one of the reasons he and his wife bought a house in the Borough. He urged the Council to write a letter to those officials in Parsippany who were in charge of approving the project.
Sandy Batty – Lockley Court
Ms. Batty endorsed the comments made by the Environmental Commission. She told the Council she felt it was really important to maintain the current two hundred (200) foot buffer and that the fifty (50) foot buffer proposed was not enough. She added that she is a member of the Mountain Lakes Conservancy and she urged the Council to make every effort to preserve the King of Kings property. She offered the help of the Conservancy if needed.
Gretchen Fry – Ball Road
Ms. Fry stated that she felt that the proposed Parsippany project would be detrimental to property values. She told the Council she thought the time to act was now as it was her opinion that historically, the Parsippany Council passes the recommendations of its Planning Board.
Jeff Leman – Sherwood Drive
Mr. Leman told the Council he thought they should act to acquire the King of Kings property due to the unique and pristine nature of the lot.
Jeff Ash – Maple Way
Mr. Ash asked what the Borough Council could do for the residents as the representatives of Mountain Lakes. He also introduced Mr. Griff Jones, who could not approach the podium due to physical limitations.
Griff Jones – Vale Drive
Mr. Jones stated that he was a retired attorney and told the Council that case law supported the Borough suing on behalf of its residents if they were to be adversely affected. He said that it was the clear right of the municipality to get involved in the Parsippany Planning Board matter at any time.
With no one else wishing to be heard, Mayor Happer closed the public comment portion of the meeting.
BOROUGH OF MOUNTAIN LAKES
JANUARY 28, 2013
PAGE THREE
Mayor Happer addressed the members of the public in attendance and commended them for their involvement in the Planning Board process. He said that the Manager had sent a letter to the Parsippany Planning Board on behalf of the Borough, stating the Borough’s concerns over access onto Intervale Road and the potential decrease to the buffer submitted in the developer’s concept plan. He told the public that the Borough administration has been in contact with Borough professionals, specifically the engineer and planner, and that the administration and Borough Council would continue to follow the matter closely. He suggested that the Environmental Commission consider sending a copy of their memo to the Parsippany Planning Board.
8. DISCUSSION ITEMS:
2013 Council Goals
Mayor Happer started the discussion with the first item, Emergency Preparedness. The consensus of the Council was that Emergency Preparedness would be appropriate as a goal for the Public Safety Sub-Committee. The Sub-Committee would report to the Council at regular intervals throughout the year.
Councilman Lester brought up the issue of trees in Borough woodlands and it was determined that the Borough administration would further define objectives relating to the maintenance of pocket parks in 2013.
The Council discussed a new Borough Personnel manual, and Mr. Tovo said it was his goal to have a proposal before the Council by the end of February. It is anticipated that a revised and updated Personnel manual could be in place by the end of 2013.
In reference to Finance, Mayor Happer said that Council will keep the goal of adopting a fiscally responsible budget. However, he reminded the other members of Council that a zero percent (0%) increase in the budget may not be fiscally responsible. He said he would like to see the Borough continue to aggressively pursue grant funding in 2013. Mr. Tovo reported that the Borough had received $180,000 in road repair grants alone in 2012. Mayor Happer told Mr. Roberts, the Acting Chief Financial Officer that he would like to receive enhanced quarterly financial reports in 2013.
Discussion concerning the Department of Public Works primarily revolved around the capital allocation between the water and sewer utilities and the General Fund, which will be evaluated by the end of 2013. In addition it is expected that Pubworks, the tracking software used by the Department of Public Works, will be migrated to the Borough server, offering additional reporting capabilities to both the administration and the public.
Councilman Borin brought up his concerns over the need for development on Route 46. He said many residents cited this as a concern to him during his campaign. Councilman Borin thought that limited rezoning and/or zone changes might be necessary and could help generate additional ratables. He offered to research this issue and bring his ideas back to the Council.
The Council discussed enhancing communications and Councilman Lester volunteered to develop a communication framework for the full Council to review. One goal will be to revise the Borough website. The Council discussed creating a Communications Committee, which could be made up of the current Website Committee and additional new members. Councilman Lester will report back to the Council with a framework and goals for the proposed Committee within sixty (60) days.
Councilman Holmberg promoted his dashboard idea as a monitoring tool for issues that needed to be addressed, both at the department level, the Committee/Commission level and at the Council level. He will develop the initial dashboard for the full Council to review, with help from Councilman Bradlee.
Regarding Council and Administration Organization, Mayor Happer said he planned to host a meeting at the end of February for the Council and Committee and Commission chairpersons. The goal would be to share information on each of the Committees and Commissions and to enhance communications. He urged Council members to understand the charters and bylaws of the Committees and Commissions they interact with as liaisons. He spoke about the need to encourage Committees and Commissions to hold meetings on scheduled days and times and to timely post minutes on the website.
Mayor Happer will put together an updated list of 2013 goals and will present them to the Council at a future meeting.
9. ORDINANCES: None
BOROUGH OF MOUNTAIN LAKES
JANUARY 28, 2013
PAGE FOUR
10. *RESOLUTIONS:
R37-13 Resolution Authorizing the Refund of Overpayment of Taxes – Roth, 68 Crestview Road
R38-13 Resolution Authorizing the Refund of Overpayment of Taxes – Lakhiani, 9 Condit Road
R39-13 Resolution Authorizing the Refund of Overpayment of Taxes – Morrison, 144 Boulevard
R40-13 Resolution Authorizing the Refund of Overpayment of Tax Sale Funds – Park Finance II, LLC
R41-13 Resolution Authorizing the Redemption of Tax Title Lien 2012-01 – Block 54, Lot 1, 6 Tower Hill Road
R42-13 Resolution Authorizing Participation in the Morris County Adaptive Recreation Program (McARP)
R43-13 Resolution Authorizing the Execution of an Interlocal Services Agreement with the Whippany River Watershed Action Committee
R44-13 Resolution Appointing the Emergency Management Coordinator - Tovo
R45-13 Resolution Authorizing the Payment of Bills
R46-13 Resolution Authorizing the Execution of an Amended Developers Agreement –
Borough of Mountain Lakes and Rensselaer Grads, LLC (Hornrock Properties)
R47-13 Resolution Authorizing a Professional Services Agreement –
Lakes Management, Allied Biological
R48-13 Resolution Authorizing An Interlocal Health Services Agreement- Borough of Mountain Lakes
and the Township of Montville and the Board of Health of the Township of Montville
Prior to the Consent Agenda vote, Councilman Lester asked that Resolution 46-13, Resolution Authorizing the Execution of an Amended Developers Agreement –Borough of Mountain Lakes and Rensselaer Grads, LLC (Hornrock Properties) and Resolution 48-13, Resolution Authorizing An Interlocal Health Services Agreement- Borough of Mountain Lakes and the Township of Montville and the Board of Health of the Township of Montville be pulled from the Consent Agenda for separate consideration and vote.
11. *MINUTES:
December 17, 2012 (Regular)
January 2, 2013 (Regular)
12. *DEPARTMENT REPORTS:
Construction Official December 2012
Department of Public Works December 2012
Fire Department December 2012
2012 Year End Summary
Health Officer December 2012
Police Department December 2012
13. *COMMITTEE AND COMMISSION APPOINTMENTS (see attached list)
Consent Agenda
|
Council Member |
By: |
2nd: |
Yes |
No |
Abstain |
Absent |
|
Borin |
|
|
X |
|
|
|
|
Bradlee |
|
|
X |
|
|
|
|
Bravo |
|
X |
X |
|
|
|
|
Holmberg |
X |
|
X |
|
|
|
|
Lester |
|
|
X |
|
|
|
|
McWilliams |
|
|
X |
|
|
|
|
Happer |
|
|
X |
|
|
|
BOROUGH OF MOUNTAIN LAKES
JANUARY 28, 2013
PAGE FIVE
Resolution 46-13
Resolution Authorizing the Execution of an Amended Developers Agreement – Borough of Mountain Lakes and Rensselaer Grads, LLC (Hornrock Properties)
Councilman Lester expressed his dissatisfaction with the developer’s $20,000 contribution to the Borough’s COAH fund. Councilwoman Bravo agreed with Councilman Lester; however, she stated that she felt this development was good for Mountain Lakes and that attorneys for both the developer and the Borough had agreed that there was no COAH obligation stemming from this development.
|
Council Member |
By: |
2nd: |
Yes |
No |
Abstain |
Absent |
|
Borin |
|
|
X |
|
|
|
|
Bradlee |
|
X |
X |
|
|
|
|
Bravo |
|
|
X |
|
|
|
|
Holmberg |
X |
|
X |
|
|
|
|
Lester |
|
|
|
X |
|
|
|
McWilliams |
|
|
X |
|
|
|
|
Happer |
|
|
X |
|
|
|
Resolution 48-13 (Tabled)
Resolution Authorizing An Interlocal Health Services Agreement- Borough of Mountain Lakes and the Township of Montville and the Board of Health of the Township of Montville
Councilwoman Bravo made a motion to pass Resolution 48-13, with a second offered by Councilman Holmberg. During Council discussion, Councilman Lester expressed his dissatisfaction with the level of detail reported in the contract and he made a motion to table the Resolution until further details were available from the Health Officer. The motion received a second from Councilman Holmberg. Mayor Happer indicated he believed that the contract was sufficiently detailed. He noted that the health services provided in the contract were required by New Jersey State Law and that contract cited these statutory references. The Council then voted 6-1 to table Resolution 48-13.
|
Council Member |
By: |
2nd: |
Yes |
No |
Abstain |
Absent |
|
Borin |
|
|
X |
|
|
|
|
Bradlee |
|
|
X |
|
|
|
|
Bravo |
|
|
X |
|
|
|
|
Holmberg |
|
X |
X |
|
|
|
|
Lester |
X |
|
X |
|
|
|
|
McWilliams |
|
|
X |
|
|
|
|
Happer |
|
|
|
X |
|
|
14. ATTORNEY’S REPORT:
Mr. Murphy had nothing to report in addition to what had been previously discussed.
BOROUGH OF MOUNTAIN LAKES
JANUARY 28, 2013
PAGE SIX
15. MANAGER’S REPORT:
2013 Budget Timeline
Mr. Tovo told the Council that the budget for the Current, Water, and Sewer Funds will be discussed at the February 11th Council meeting. The Capital Budget presentation and discussion will take place at the February 25th Council meeting. In addition, he will provide updated budget figures for Current, Water, and Sewer Funds at the February 25th meeting. His goal is to provide the Council with budget information two weeks prior to any discussion. He expects to present the adjusted Capital Budget, as well as discuss the cap levy projection, the RUT (Reserve for Uncollected Taxes), and a salary overview on March 11th. Department heads will also be available on March 11th for Council questions. Mr. Tovo projects a budget introduction on March 25th. At Mayor Happer’s request, Mr. Tovo said he would put his budget timeline in writing for the Council.
Mr. Roberts, Acting Chief Financial Officer, told the Council that the Borough fared very well in the recent bond sale. Five (5) bids were received. The net interest was 1.59% over a twelve (12) year period. He also announced that Mr. Vrable and his associates would be at the Borough tomorrow in order to begin their audit. The Council asked Mr. Roberts to attend the next Council meeting and give them further financial updates for 2012.
16. COUNCIL REPORTS:
Finance Advisory Committee – The Committee discussed different financial software programs and Councilman Holmberg thought it might be a good idea for the Borough to investigate some other vendors.
Recreation Commission – The Commission recently held a reorganization meeting and elected a new chairman, vice-chairman, and secretary. Councilman Holmberg said the Commission is interested in conducting a facilities audit.
Public Safety Sub-Committee – Councilman Holmberg said the Sub-Committee had just held its first meeting and was establishing goals and objectives.
Website Committee – Councilman Lester attended their meeting and will be speaking with the Committee in reference to the transition to a Communications Committee.
Health Commission – Councilman Lester reported that the Commission would be submitting a discussion item relating to proposed changes to the leash law. In addition, the Health Officer had reported a staph infection in the middle school during the month of October. This issue has been remediated and procedures were implemented in order to prevent a recurrence.
Woodlands Committee – Councilman Lester said he had missed the meeting but had subsequently met with the Chair, Jerry Uhrig. The Committee would like the Borough administration to look at vandalism of the gates and signs around Birchwood Lake. In addition, the Committee expressed concern over Borough trails being utilized by bikers.
Environmental Commission – The Commission is still working on a draft well-head protection Ordinance. In addition, Councilman Borin reported the Commission has many concerns about the Parsippany – Waterview project.
Planning Board – Councilwoman Bravo said the Planning Board recently heard the application for the variance requested by Hornrock Properties. It is expected that they will begin work on their project shortly.
Shared Services Sub-Committee – Councilwoman Bravo reported that former Councilman Stephen Shaw met with the Sub-Committee and updated them about the work of the sub-committee in recent years. The Sub-Committee will now move ahead with establishing meeting dates and goals for 2013.
Solid Waste Committee – Deputy Mayor McWilliams stated the Committee had an upcoming meeting. The possibility of dispensing green bags from vending machines will be an item the Committee will address this year.
Personnel Sub-Committee – Mayor Happer said the process of hiring at least one (1) new police officer has begun and that the Sub-Committee had agreed that the Police Department needed to move forward with this process in order to realign staffing levels due to two (2) retirements and a promotion.
BOROUGH OF MOUNTAIN LAKES
JANUARY 28, 2013
PAGE SEVEN
17. PUBLIC COMMENT:
Mayor Happer opened the second 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 second public comment portion of the meeting.
18. ADJOURNMENT at 11:26 p.m.
Motion made by Councilman Holmberg, second by Councilman Lester, to adjourn the meeting at 11:26 p.m., with all members in favor signifying by “Aye”.
*Consent Agenda (Matters listed 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: January 28, 2013
____________________________________ _______________________________
Michele Reilly, RMC, Deputy Borough Clerk Dan Happer, Mayor