BOROUGH OF MOUNTAIN LAKES

BOROUGH HALL, 400 BOULEVARD, MOUNTAIN LAKES

973-334-3131

www.mtnlakes.org

 

MARCH 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 Councilwoman Bravo and Councilman Bradlee, who were absent. 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, Police Chief Shawn Bennett and Recreation Director Celia Flynn.

3.             FLAG SALUTE

 

4.             EXECUTIVE SESSION

                RESOLUTION R67-13

 

                Matters Relating to Litigation, Negotiations, and the Attorney-Client Privilege

                -Possible Litigation/Negotiation Relating to Development Plan of Adjacent Municipality

                -Tax Appeal Settlement: Volosin vs. Mountain Lakes

 

Motion made by Deputy Mayor McWilliams, second by Councilman Borin, 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 said the Easter Parade and Egg Hunt were well attended.

 

Councilman Holmberg mentioned two programs being presented by the Boonton Township Police Department, “Alive at 25”, held at the High School and focusing on teen safety and driving, and “Internet Safety”, hosted by the Home and School Association at the Mountain Lakes Club. He cited these programs as good examples of both shared municipal services and of the schools and towns working together.

 

Councilman Holmberg said the Little League Parade would take place April 6th at 10 am.

 

Recreation Director Celia Flynn stated that the Trout Derby would be held on April 13th.

 

Deputy Mayor McWilliams announced Shredding Day on April 27th. This is a fundraiser for the Fire Department and the Boonton Kiwanis Ambulance Squad. He is working on also sponsoring a blood drive in conjunction with Shredding Day.

 

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.

Jackie Bay – Morris Avenue

Ms. Bay discussed the potential traffic implications related to the proposed zone changes in Parsippany. She feels the Council should authorize a separate traffic study. She stated that Parsippany should not have any access onto Intervale Road.

 

 

 

 

BOROUGH OF MOUNTAIN LAKES

MARCH 25, 2013

PAGE TWO

 

Dick Young – Intervale Road

Mr. Young expressed concern about the concept of emergency egress onto Intervale Road. He feels that egress onto Intervale will require cutting through the berm and also that this access point could eventually become a shortcut for townhome residents. He urged the Council to help preserve the two hundred (200) foot buffer.

 

Nancy DuTertre – Lake Drive

Ms. DuTertre spoke as a member of a citizen’s group, and said it was the group’s attorney’s opinion that the Borough had legal standing to protest the zone changes being considered by Parsippany. She inquired whether or not the Council had plans to take any action before the introduction of the Ordinance in Parsippany, and expressed that in her opinion, it was important to take action now. Mayor Happer replied that the Council had been discussing the proposed Ordinance changes as they related to Mountain Lakes. Deputy Mayor McWilliams said the Manager had sent a letter to Parsippany in December expressing the Borough’s concerns.

 

Margaret Gossett – Glen Road

Ms. Gossett said she was concerned that egress onto Intervale Road is once again being discussed by Parsippany’s governing body. She asked the Council for comments. Deputy Mayor McWilliams said the Council would not support public access onto Intervale Road. Ms. Gossett urged the Council to be proactive, not reactive. She also expressed concern that Parsippany was not following proper process.

 

Steve Arnold – Craven Road

Mr. Arnold said he would like to see Craven Road have access to natural gas for heat. Mr. Tovo told Mr. Arnold to contact him. Mr. Arnold said he would also like to have access to FIOS. Mr. Tovo said FIOS is not yet available in the Borough.

 

With no one else wishing to be heard, Mayor Happer closed the public comment portion of the meeting.

At the request of the Council, Mr. Murphy discussed the Ordinance process with those in the audience. Mr. Murphy said that the time to express public objection to any proposed zone changes is at the public hearing on the Ordinance, as that is when a permanent record of comments is kept. These comments would be important to any potential legal challenge to the Ordinance. He said that the plan the developer is currently presenting is conceptual and that if the Ordinance is passed, the developer will then have to file a site plan application with the Planning Board. The Planning Board will also hold a public hearing on the site plan and the Borough could express comments at this public hearing as well. Mr. Murphy felt it would be premature of the Borough to hire or involve experts at this point in the process, citing lack of concrete information and the expense of expert studies and testimony, and said it would not be prudent to do so until the Ordinance is adopted and the site plan is filed.

7.             SPECIAL PRESENTATION –            MORRIS COUNTY BOARD OF CHOSEN FREEHOLDERS

                                                                                BUDGET SUBCOMMITTEE 2013 BUDGET PRESENTATION

 

Freeholder Hank Lyon gave an overview of the County’s 2013 budget presentation. The County budget was introduced on February 27, 2013. The County tax will not be raised and they were able to cut spending by 2.3 million dollars without cutting services. Freeholder Lyon thanked the Council for the opportunity to speak and the Council congratulated him on an informative presentation.

 

8.             DISCUSSION ITEMS:

                2013 Budget Discussion –

·         Presentation of Adjusted Capital Budget

·         CAP Levy Projection

·         Reserve for Uncollected Taxes (RUT)

·         Employee Salary Overview and Breakdown

·         Department Heads

 

Mr. Tovo outlined the four (4) different budget scenarios he provided. Each scenario contained at least a partial reduction in the RUT and an employee salary increase of 2% instead of 2.25%. The Council discussed the different scenarios and the consensus was that Mr. Tovo should prepare the April 8th budget introduction using Scenario 1, which uses a 94.96% rate for the RUT, includes an amount of $100,00 to cover Borough costs associated with Super Storm Sandy, and was recommended by the Finance Advisory Sub Committee.

 

The Council reviewed the revised Capital Spending Plan and the cuts made by Mr. Tovo. A new quote from the manufacturer resurfacing the tennis courts allowed Mr. Tovo to cut over $70,000 from the Capital Spending Plan. Mr. Tovo also removed the mobile message board that the Police had requested in their portion of the Capital Spending Plan, as the Council did not support its purchase. Chief Bennett instead requested money to purchase a storage shed in order to house documents and evidence that the Police Department is required by law to maintain. In addition to the budget introduction on April 8th, the Council asked Mr. Tovo and Mr. Roberts to prepare a bond Ordinance for introduction as well.

 

 

 

 

 

 

 

BOROUGH OF MOUNTAIN LAKES

MARCH 25, 2013

PAGE THREE

 

 

 

9.             ORDINANCES:                                    None

 

 

10.          *RESOLUTIONS:

R68-13   Resolution Authorizing the Refund of Overpayment of Taxes – Dietrick, 14 Maple Way

R69-13   Resolution Authorizing the Refund of Overpayment of Taxes – Murphy, 94 Boulevard

R70-13   Resolution Authorizing the Refund of Overpayment of Taxes – Deones/Petty, 59 Briarcliff Road

R71-13   Resolution Authorizing the Refund of Overpayment of Taxes – Smith, 99 Lake Drive

R72-13   Resolution Approving Right-Of-Way Use To Cross River Fiber

R73-13   Resolution Authorizing the Execution Of An Agreement with Blue Shield Consulting LLC

R74-13   Resolution Authorizing a Settlement of a Tax Appeal – Volosin v. Borough of Mountain Lakes, Block 57, Lot 12

R75-13   Resolution Authorizing the Purchase of Energy Generation Services for Public Use On An Online Auction Website

R76-13   Resolution Authorizing the Payment of Bills

 

Prior to the Consent Agenda vote, Mr. Tovo removed Resolution 75-13, Resolution Authorizing the Purchase of Energy Generation Services for Public Use On An Online Auction Website, from the Consent Agenda, as the decision had been made to stay with the current supplier. Councilman Lester asked that Resolution 73-13, Resolution Authorizing the Execution Of An Agreement with Blue Shield Consulting LLC, be pulled from the Consent Agenda for separate consideration and vote.

 

11.          *MINUTES:                          

                March 11, 2013 (Regular)

                March 11, 2013 (Executive)

 

12.          *DEPARTMENT REPORTS:

                Recreation Department                      February 2013

 

13.          *COMMITTEE AND COMMISSION APPOINTMENTS:                                See Attached

 

Consent Agenda

 

Council Member

By:

2nd:

Yes

No

Abstain

Absent

Borin

 

 

X

 

 

 

Bradlee

 

 

 

 

 

X

Bravo

 

 

 

 

 

X

Holmberg

X

 

X

 

 

 

Lester

 

 

X

 

 

 

McWilliams

 

X

X

 

 

 

Happer

 

 

X

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Resolution 73-13

Resolution Authorizing the Execution Of An Agreement with Blue Shield Consulting LLC

 

Mr. Tovo explained Blue Shield Consulting would be updating the personnel policy and procedure manual and that the agreement had been discussed with the Personnel Sub Committee. Councilman Lester felt the agreement and contract amount as stated were inaccurate, as there would be additional monies required for updates and for additional users to access the training system.

 

 

Council Member

By:

2nd:

Yes

No

Abstain

Absent

Borin

 

X

X

 

 

 

Bradlee

 

 

 

 

 

X

Bravo

 

 

 

 

 

X

Holmberg

X

 

X

 

 

 

Lester

 

 

 

X

 

 

McWilliams

 

 

X

 

 

 

Happer

 

 

X

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

BOROUGH OF MOUNTAIN LAKES

MARCH 25, 2013

PAGE FOUR

 

 

14.          ATTORNEY’S REPORT:

 

Mr. Murphy had nothing to report. The Council thanked him for providing an excellent summary regarding the allegations made by Mr. Kanter regarding the Ordinance regulating the parking of unregistered vehicles on private property for Council review.

 

15.          MANAGER’S REPORT:

 

Mr. Tovo said he had reviewed the specifications for the LED signboard and the sign automatically dims thirty percent (30%) at night. The program can be modified if more dimming is required.

 

Mr. Tovo reported that he had been approached by the Township of Denville in reference to a project they were proposing in order to help mitigate flooding in their downtown area. One of the flood areas is in the Rockaway River adjacent to Borough owned property. Solving the bottleneck at this location would involve widening the river, meaning the Borough potentially may have to allow Denville access to Borough property, and/or deed some land to the Township. He and Borough Engineer Bill Ryden had met with the Township, and although the project was in its very preliminary stages and would require DEP approval, Mr. Tovo said he would recommend the Borough Council support this project.

 

16.          COUNCIL REPORTS:

 

Mayor Happer announced that the Borough Facilities Tour would take place on April 20th, at 9 am.

 

Recreation Commission – Councilman Holmberg said the Recreation Commission was updating their charter and it would be presented as a Discussion Item for the Council to review at an April meeting.

 

Personnel Sub Committee – Councilman Holmberg reported the Sub Committee is working on the updates to the personnel manual and also working with Chief Bennett on optimal police staffing levels.

 

Public Safety Sub Committee – Councilman Holmberg said the Sub Committee was anticipating helping the Police Department update old Ordinances. In addition they were discussing how to increase police visibility within the community, and creating a forum in order to discuss resident’s concerns. Councilman Borin asked about the hiring process for the new Police Officer, and Chief Bennett reported 170 applicants for the position. A written test was given on March 13th and a physical fitness test was given on March 24th in order to decrease the pool of applicants before beginning interviews.

 

Environmental Commission – Councilman Borin said the Environmental Commission would potentially present the draft of the wellhead protection Ordinance in June.

 

Shade Tree Commission – Deputy Mayor McWilliams reported the Commission was discussing budgetary concerns relating to the maintenance of trees.

 

Lakes Management Advisory Committee – Deputy Mayor McWilliams said the Committee had a new member.

 

Solid Waste Committee – Deputy Mayor McWilliams said that the Committee was discussing its parameters and how it can best serve the Borough.

 

Shared Services Sub Committee – Deputy Mayor McWilliams reported that the Sub Committee was reviewing areas where it felt shared services may have a beneficial impact for the Borough.

 

Website Committee – Councilman Lester said that the Committee recently emailed Borough Department heads with a calendar of data needs.

 

Councilman Lester reported that his Communications Group continues to meet and he believes he will have a discussion item concerning recommendations and a framework for the Council to review at the second meeting in April.

 

Memorial Day Committee – Mayor Happer mentioned that the Memorial Day Committee needs members.

 

 

 

 

 

 

 

 

 

 

BOROUGH OF MOUNTAIN LAKES

MARCH 25, 2013

PAGE FIVE

 

 

 

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.

Linda O’Sullivan – Morris Avenue

Ms. O’Sullivan told the Council this would be her last meeting as the League of Women Voters reporter and that she was running for a seat on the Board of Education.

 

With no one wishing to be heard, Mayor Happer closed the second public comment portion of the meeting.

19.          ADJOURNMENT at 10:18 p.m.

 

Motion made by Councilman Holmberg, second by Councilman Lester, to adjourn the meeting at 10:18 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: March 25, 2013

 

 

____________________________________                                            _______________________________ 

Michele Reilly, RMC, Deputy Borough Clerk                                                 Daniel J. Happer, Mayor