BOROUGH OF MOUNTAIN LAKES
BOROUGH HALL, 400 BOULEVARD, MOUNTAIN LAKES
973-334-3131
FEBRUARY 25, 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 8, 2013 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 Councilman Holmberg, who arrived at 7:32 p.m. and Councilwoman Bravo, who arrived at 7:35 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 R53-13
Matters Relating to Litigation, Negotiations, and the Attorney-Client Privilege
-Tax Appeal Settlement: Zorlas, J. vs. Mountain Lakes
-Tax Appeal Settlement: Zorlas, P. vs. Mountain Lakes
-Authorizing Release of the Minutes of Executive Session
Amended to Include:
Matters Relating to the Employment Relationship
-Personnel: Police Chief
Motion made by Deputy Mayor McWilliams, second by Councilman Lester, to enter into Executive Session with all members in favor signifying by “Aye”.
Motion made by Councilman Holmberg, second by Councilman Lester, to close the Executive Session and return to the public portion of the meeting with all members in favor signifying by “Aye”.
5. COMMUNITY ANNOUNCEMENTS
Mayor Happer mentioned that the Borough Clerk would be accepting nomination forms for both the Citizen of the Year and the Janice Hunts awards.
Councilman Holmberg announced that registration for summer recreation camp would begin March 1st, and in addition, the Recreation Department was sponsoring a track clinic.
Councilman Bradlee said a Lacrosse Fun Run was taking place Saturday.
Councilwoman Bravo announced that she had just become a grandmother for the ninth (9th) time!
Mayor Happer mentioned that Mr. Tovo was retiring as Chief of Police and thanked him for his efforts over the course of his Police career. The Mayor complimented him for keeping the community safe and for leading by example and said the Borough was fortunate that Mr. Tovo would continue to serve as the Borough Manager.
Councilman Lester said that Friday night was First Friday Night in the Town of Boonton.
Ms. Reilly mentioned that boat rack and ring renewal starts Friday, March 1st.
BOROUGH OF MOUNTAIN LAKES
FEBURARY 25, 2013
PAGE TWO
6. 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.
Jim Moody – Robinhood Drive
Mr. Moody stated that he was addressing the Council as a member of the Board of the Spruce Edge Condominium Association. He said that the proposed zoning change in Parsippany was reaching a critical point and he implored the Council to send a strong letter to the Township Council in Parsippany thanking them for excluding egress onto Intervale Road and pressuring them to preserve the two hundred (200) foot buffer.
With no one else wishing to be heard, Mayor Happer closed the public comment portion of the meeting.
7. DISCUSSION ITEMS:
2013 Budget Discussion –
· Presentation of Adjusted Current, Water, and Sewer Expenses (based on Council feedback and direction from February 11, 2013 presentation)
· Discussion on Draft Capital Budget
Mr. Tovo said that the revisions to the Capital Budget had been discussed with the DPW Sub Committee, and that the amount of capital spending would remain in the area of $700,000, the Council’s spending target. Mr. Tovo mentioned that rating agencies who have reviewed the Borough state they are pleased that the Borough is conservative with capital spending.
Mr. Tovo told the Council that the Well #4 project must be rebid in 2013, since the bids received last year exceeded the amount of appropriated funding. He said the Borough Engineer feels that $147,000 will be sufficient in order to fund the project; therefore, Mr. Tovo plans to transfer monies from other less important projects in order to fund the well rehabilitation.
Mr. Tovo said philosophically, he would prefer to readjust certain capital budget projects in order to fund projects over shorter periods of time. Mr. Roberts said that capital budget projects have been cleared through 2008. 2009 is still open, and 2010 is as well but has less than $3,000 in funds to be cleared. Mr. Roberts stated that he and Mr. Tovo will discuss the projects and if needed, put forth a resolution in order to cancel unexpended balances.
Mr. Tovo mentioned that he has asked the Recreation Commission to put together a long term capital budget plan in order to aid the administration with long term planning for the Borough’s recreation facilities. Additionally, the Borough would be in a better position to take advantage of grant or fundraising opportunities with such a plan in place. All members of Council agreed the Borough infrastructure was a priority.
The Council discussed some of the capital budget projects. Mr. Tovo said that the final accounting of money raised from the Centennial Committee is being completed. The Historic Preservation Committee is hopeful any extra money will be turned over to them; however, Mr. Tovo said he would recommend using $5800 for glass window replacement at The Station, since this is a historic location and would be a historic project. In response to questions regarding the Sunset Dam, Mr. Tovo said the 2013 budget reflects the soft costs for engineering and the dam consultant. Based on estimates from the dam consultant, he expects to have to budget an additional $75,000 in 2014 for the actual repairs. Finally, the Council asked Mr. Tovo to review with the new Police Chief the request for a second portable message board. Mr. Prusina asked the Council to consider that the message board would be valuable not only for police use but particularly from an emergency management perspective.
Mr. Tovo reminded the Council that he had applied for a $360,000 paving grant from the Department of Transportation (DOT). Additional paving monies were included in the budget since he did not expect to receive the entire $360,000. However, if the full amount was received, he said the monies allocated for paving could be transferred to another capital project. This prompted much discussion about the utilization of grant funding and how it affects the capital plan. This issue will be discussed further in the next Finance Sub Committee meeting.
8. ORDINANCES: None
BOROUGH OF MOUNTAIN LAKES
FEBURARY 25, 2013
PAGE THREE
9. *RESOLUTIONS:
R54-13 Resolution Authorizing the Execution of a Preservation Trust Fund Grant Agreement Between the Borough of Mountain Lakes and the County of Morris
R55-13 Resolution Awarding an Emergency Contract to East Coast Tree Service for Debris and Tree Removal Resulting From Super Storm Sandy, 2012 Related Damages
R56-13 Resolution Authorizing the Release of the Minutes of Executive Sessions of the Borough of Mountain Lakes Council
R57-13 Resolution Authorizing a Professional Services Agreement Between the Borough of Mountain Lakes and T.M. Vrabel & Associates, LLC - Auditor
R58-13 Resolution Authorizing 2013 Municipal Employees’ Salary – Bennett, Tovo
R59-13 Resolution Authorizing the Payment of Bills
Prior to the roll call vote, Councilman Borin requested that Resolution 54-13, Authorizing the Execution of a Preservation Trust Fund Grant Agreement Between the Borough of Mountain Lakes and the County of Morris, be removed from the Consent Agenda for separate consideration and vote. Councilman Lester requested that Resolution 57-13, Authorizing a Professional Services Agreement Between the Borough of Mountain Lakes and T.M. Vrabel & Associates, LLC – Auditor, also be removed from the Consent Agenda for separate consideration and vote.
10. *MINUTES:
February 11, 2013 (Regular)
February 11, 2013 (Executive)
11. *DEPARTMENT REPORTS:
Recreation Department January/February 2013
12. *COMMITTEE AND COMMISSION APPOINTMENTS None
Consent Agenda
|
Council Member |
By: |
2nd: |
Yes |
No |
Abstain |
Absent |
|
Borin |
|
|
X |
|
|
|
|
Bradlee |
|
|
X |
|
|
|
|
Bravo |
|
X |
X |
|
|
|
|
Holmberg |
|
|
X |
|
|
|
|
Lester |
|
|
X |
|
|
|
|
McWilliams |
X |
|
X |
|
|
|
|
Happer |
|
|
X |
|
|
|
BOROUGH OF MOUNTAIN LAKES
FEBRUARY 25, 2013
PAGE FOUR
Resolution 54-13 Resolution Authorizing the Execution of a Preservation Trust Fund Grant Agreement Between the Borough of Mountain Lakes and the County of Morris
Mr. Tovo told the Council that this Resolution merely acknowledges the award of the supplemental grant funding and does not obligate the Borough to purchase any property. Mr. Murphy concurred with Mr. Tovo’s statement. The Council discussed making a final decision regarding the negotiation and purchase of the King of Kings property and it was determined that this issue would be brought forth as a discussion item during the second meeting in April. Councilman Borin said he would like to see some research as to what types of structures could be built on this site and whether or not it could be subject to a builder’s remedy suit. Mr. Murphy said the answer to this question would be difficult to determine since the Council on Affordable Housing is in flux. Mr. Murphy also said that grant funds cease to be available to the Borough effective June of 2014.
|
Council Member |
By: |
2nd: |
Yes |
No |
Abstain |
Absent |
|
Borin |
|
|
X |
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Bradlee |
|
|
X |
|
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|
Bravo |
|
|
X |
|
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|
Holmberg |
|
X |
X |
|
|
|
|
Lester |
|
|
X |
|
|
|
|
McWilliams |
X |
|
X |
|
|
|
|
Happer |
|
|
X |
|
|
|
Resolution 57-13 Resolution Authorizing a Professional Services Agreement Between the Borough of Mountain Lakes and T.M. Vrabel & Associates, LLC – Auditor
Mayor Happer and Mr. Roberts answered Councilman Lester’s questions about specific contract language and the peer review process.
|
Council Member |
By: |
2nd: |
Yes |
No |
Abstain |
Absent |
|
Borin |
|
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X |
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|
Bradlee |
|
|
X |
|
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|
|
Bravo |
|
X |
X |
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|
|
Holmberg |
X |
|
X |
|
|
|
|
Lester |
|
|
X |
|
|
|
|
McWilliams |
|
|
X |
|
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|
|
Happer |
|
|
X |
|
|
|
13. ATTORNEY’S REPORT:
Mr. Murphy reported that he was researching the allegations made by Mr. Kanter regarding the Ordinance regulating the parking of unregistered vehicles on private property. He plans to issue a written report to the Council once he has concluded his research.
14. MANAGER’S REPORT:
Mr. Tovo discussed his “Salary and Wage” and “Other Expenses” budget documentation and reported that he felt it was necessary to back out the deferred charges related to the storm emergencies from 2012 from the budget in order to gain an accurate perspective. Once the deferred charges and debt service are removed, the projected budget increase is 2.46%. Mr. Tovo pointed out the increase in unemployment insurance and said that this amount has been historically underfunded. Mr. Roberts mentioned the unemployment insurance is high due to the continuous crossing guard claims. Mayor Happer thanked Mr. Tovo for the information.
Mr. Tovo said he expects to introduce the budget at the end of March, begin revising the policy and procedure manual in April, and start recruiting volunteers for the CERT (Community Emergency Response Team) program in May.
BOROUGH OF MOUNTAIN LAKES
FEBRUARY 25, 2013
PAGE FIVE
15. COUNCIL REPORTS:
Recreation Commission – Councilman Holmberg said as previously discussed, the Commission was going to be formulating a long term capital project plan. In addition, they are planning to partner with the Board of Education and purchase a facilities and fields scheduling software program. They are also considering a possible increase in tennis tags and boat rack and ring rentals.
Environmental Commission – Councilman Borin reported the Environmental Commission is circulating a draft well-head protection Ordinance, based on an Ordinance recommended by the Passaic River Coalition.
Shade Tree Commission– Deputy Mayor McWilliams said the Commission needs at least two (2) members and that they are working on their April Arbor Day program.
Library Board of Trustees – Councilwoman Bravo reported the next meeting is tomorrow and she will be attending.
Planning Board – Councilwoman Bravo said the Board needs one (1) member. In addition, she will be preparing a discussion item regarding the Master Plan and the Affordable Housing Element. The Council will need to conclude whether to maintain the current element or remove it.
Website Committee – Councilman Lester said the Committee did not have a quorum and therefore did not meet.
Woodlands Committee – Councilman Lester said the Committee recently placed an order for two hundred (200) trees. In addition, the Chair, Jerry Uhrig, sent a letter to Mr. Tovo regarding bikes on the trails and the need for better enforcement. Also, Mr. Uhrig pointed out that repairs are needed for signs and gates and that some trails are still blocked by debris from Hurricane Sandy.
Councilman Lester said the Communications Advisory Group met recently and would soon have another meeting in order to help him develop a framework for improving Borough communications.
Historic Preservation Committee – Councilman Bradlee said the Committee had been taking pictures of historic Hapgoods. The Committee expressed interest in using the website to showcase their pictures and advertise merchandise for sale. In addition, the Committee had an expectation that they would be the recipient of any remaining Centennial Committee funds and they were waiting for the final accounting report. The Committee is hoping to facilitate new lighting and planters in the downtown Midvale area. Finally, the Committee has partnered with Restore for the storage and sale of items donated from historic Mountain Lakes homes.
Personnel Sub-Committee – Mayor Happer said the Sub-Committee was still working on updating the personnel policy handbook.
Deputy Mayor McWilliams said the County was considering the addition of a turn lane at the intersection of Boulevard and Pocono Road if the Borough would donate the land.
Ms. Reilly reminded the Council about Saturday’s orientation meeting for Committee, Commission, and Board representatives.
16. 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.
17. ADJOURNMENT at 10:49 p.m.
Motion made by Councilman Lester, second by Deputy Mayor McWilliams, to adjourn the meeting at 10:49 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: February 25, 2013
____________________________________ _______________________________
Michele Reilly, RMC, Deputy Borough Clerk Daniel J. Happer, Mayor