BOROUGH OF MOUNTAIN LAKES
BOROUGH HALL, 400 BOULEVARD, MOUNTAIN LAKES
973-334-3131
May 13, 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 Borin, who was absent, and Deputy Mayor McWilliams, who arrived at 7:33 pm. Also in attendance were Borough Attorney Marty Murphy, Borough Manager Robert Tovo, Borough Clerk Michele Reilly, as well as Department of Public Works Director Mark Prusina, Police Chief Shawn Bennett, Borough Auditor Tim Vrabel, and Acting Chief Financial Officer Tim Roberts.
3. FLAG SALUTE
4. EXECUTIVE SESSION:
RESOLUTION 96-13
Matters Relating to Litigation, Negotiations, and the Attorney-Client Privilege
-Tax Assessor Presentation
-Tax Appeal Settlement: Mountain Lakes Club vs. Mountain Lakes
Motion made by Councilman Lester, second by Councilman Holmberg, to enter into Executive Session with all members in favor signifying by “Aye”.
Mayor Happer recused himself from the Executive Session during the discussion regarding the Tax Appeal Settlement: Mountain Lakes Club vs. Mountain Lakes, as he holds a membership with the Mountain Lakes Club.
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
Mayor Happer thanked Councilman Holmberg for his work, in conjunction with the League of Women Voters, on the “Borough Council Goes to Briarcliff” event.
Councilwoman Bravo said that the publisher of Mountain Lakes Living Magazine was hosting on open house at the Wilson School.
Mayor Happer reminded the Council that the Memorial Day Parade and ceremony would be held Monday, May 27th at Memorial Park. He encouraged everyone to attend.
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.
With no one wishing to be heard, Mayor Happer closed the public comment portion of the meeting.
7. SPECIAL PRESENTATION: RECOGNITION OF FORMER COMMITTEE/COMMISSION CHAIR
Karen Franklin – Memorial Day Committee
Mayor Happer thanked Ms. Franklin on behalf of the Borough Council, the Borough, and her colleagues for her tireless service, and presented her with a memorial bowl.
8. BUDGET RESOLUTION 97-13
Read Budget By Title Only
Mayor Happer asked Ms. Reilly to read the Resolution into the record:
WHEREAS, N.J.S.A. 40A:4-8 provides that the Budget be read by title only at the time of public hearing if a resolution is passed by not less than a majority of the full governing body, providing that at least one week prior to the date of hearing a complete copy of the approved Budget, as advertised, has been posted in the Municipal Building, the local public library and copies have been made available by the Clerk to persons requesting them; and
WHEREAS, these conditions have been met.
NOW, THEREFORE, BE IT RESOLVED by the Borough Council of the Borough of Mountain Lakes, County of Morris, State of New Jersey that the Budget shall be read by title.
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Council Member |
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2nd: |
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No |
Abstain |
Absent |
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Borin |
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X |
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Bradlee |
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X |
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Bravo |
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X |
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Holmberg |
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X |
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Lester |
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McWilliams |
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Happer |
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9. PUBLIC HEARING ON 2013 MUNICIPAL BUDGET
Mayor Happer opened the public hearing on the Budget 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 public hearing on the Budget.
10. BUDGET RESOLUTION 98-13
Adoption of 2013 Municipal Budget
Mayor Happer asked Ms. Reilly to read the Resolution into the record:
BE IT RESOLVED, that the Council of the Borough of Mountain Lakes, in the County of Morris, State of New Jersey, hereby adopts the 2013 Municipal Budget set forth herein and shall constitute an appropriation for the purposes stated of the sums therein set forth as appropriations, and authorization of the amount of $ 5,469,339.93 for municipal purposes.
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Council Member |
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Borin |
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Bradlee |
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Bravo |
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Holmberg |
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Lester |
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X |
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McWilliams |
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Happer |
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11. ORDINANCE 01-13
BOND ORDINANCE APPROPRIATING $644,800 AND AUTHORIZING THE ISSUANCE OF $612,560 BONDS OR NOTES OF THE BOROUGH FOR VARIOUS IMPROVEMENTS OR PURPOSES AUTHORIZED TO BE UNDERTAKEN BY THE BOROUGH OF MOUNTAIN LAKES, IN THE COUNTY OF MORRIS, STATE OF NEW JERSEY.
BE IT ORDAINED BY THE BOROUGH COUNCIL OF THE BOROUGH OF MOUNTAIN LAKES, IN THE COUNTY OF MORRIS, STATE OF NEW JERSEY (not less than two-thirds of all the members thereof affirmatively concurring), AS FOLLOWS:
Section 1. The several improvements described in Section 3 of this bond ordinance are hereby respectively authorized as general improvements to be made or acquired by the Borough of Mountain Lakes, New Jersey. For the said several improvements or purposes stated in said Section 3, there are hereby appropriated the respective sums of money therein stated as the appropriations made for said improvements or purposes, said sum being inclusive of all appropriations heretofore made therefor and amounting in the aggregate to $644,800 including the aggregate sum of $32,240 as the several down payments for said improvements or purposes required by law and more particularly described in said Section 3 and now available therefor by virtue of provision in a previously adopted budget or budgets of the Borough for down payment or for capital improvement purposes.
Section 2. For the financing of said improvements or purposes and to meet the part of said $644,800 appropriations not provided for by application hereunder of said down payments, negotiable bonds of the Borough are hereby authorized to be issued in the principal amount of $612,560 pursuant to the Local Bond Law of New Jersey. In anticipation of the issuance of said bonds and to temporarily finance said improvements or purposes, negotiable notes of the Borough in a principal amount not exceeding $612,560 are hereby authorized to be issued pursuant to and within the limitations prescribed by said Local Bond Law.
Section 3. The improvements hereby authorized and the several purposes for the financing of which said obligations are to be issued, the appropriation made for and estimated cost of each such purpose, and the estimated maximum amount of bonds or notes to be issued for each such purpose, are respectively as follows:
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IMPROVEMENT OR PURPOSE |
APPROPRIATION |
ESTIMATED MAXIMUM AMOUNT OF BONDS AND NOTES |
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(a) Acquisition by purchase of new and additional equipment, including, handguns, gas masks, self-defense equipment, tactical gear, a storage shed, filing cabinets, and vehicular organizers for use by the Police Department of the Borough, extrication equipment, pagers, light stands, emergency air filters, ice rescue equipment, a fire hose and gear for use by the Volunteer Fire Department of the Borough, a pipe cutter, an equipment lift rig, a generator and a sweeping bin for use by the Department of Public Works of the Borough, and an electrical sign board and Council Chamber chairs for use by the Administration Department of the Borough, together with all appurtenances, attachments and accessories necessary therefor or incidental thereto, all as shown on and in accordance with the specifications therefor on file or to be filed in the office of the Borough Clerk and hereby approved |
$91,600 |
$87,200 |
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(b) Improvement of municipally-owned properties and facilities in and by the Borough, including the railroad station by the installation of a new lavoratory window, the Police Department facilities by the renovation of the offices, the Fire Department facilities by the substantial refurbishment of a mist fan, the Storage Building located on Tower Hill Road by the renovation thereof, the Department of Public Works building by the abatement of asbestos thereat, the tennis courts by the resurfacing thereof, Kaufmann Park by the upgrade of the staircase, the Wilson basketball courts by the upgrade thereof, the upgrade of the lake access areas, and various trails by the installation of signage and the upgrade thereof, including also engineering and design costs associated with the improvement of Sunset Dam, together with for all the aforesaid all equipment, structures, site work, work and materials necessary therefor or incidental thereto, all as shown on and in accordance with the plans and specifications therefor on file or to be filed in the office of the Borough Clerk and hereby approved |
171,700 |
163,490 |
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(c) Improvement of various roads and locations in and by the Borough by the reconstruction and resurfacing thereof to provide roadway pavements at least equal in useful life or durability to a roadway pavement of Class B construction (as such term is used or referred to in Section 40A:2-22 of said Local Bond Law), including without limitation, Briarcliff Road and Crane Road, together with all structures, drainage improvements, equipment, site work, work and materials necessary therefor or incidental thereto, all as shown on and in accordance with the plans and specifications therefor on file or to be filed in the office of the Borough Clerk and hereby approved |
110,000 |
104,500 |
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(d) Construction or reconstruction of curbs and sidewalks in and along various streets and locations in and by the Borough, together with all structures, road resurfacing, equipment, site work, work and materials necessary therefor or incidental thereto, all as shown on and in accordance with the plans and specifications therefor on file or to be filed in the office of the Borough Clerk and hereby approved |
110,000 |
104,500 |
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(e) Improvement of the storm water drainage system in and by the Borough, including the reconstruction of drainage facilities and catch basins in and along portions of various roads and locations, together with all structures, road resurfacing, equipment, site work, work and materials necessary therefor or incidental thereto, all as shown on and in accordance with the plans and specifications therefor on file or to be filed in the office of the Borough Clerk and hereby approved |
65,000 |
61,800 |
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(g) Substantial refurbishment of vehicular equipment, including a front-end loader for use by the Department of Public Works of the Borough, together with all equipment, attachments and accessories necessary therefor or incidental thereto, all as shown on and in accordance with the specifications therefor on file or to be filed in the office of the Borough Clerk and hereby approved |
79,500 |
75,700 |
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Totals |
17,000 |
15,370 |
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$644,800 |
$612,560 |
The excess of the appropriation made for each of the improvements or purposes aforesaid over the estimated maximum amount of bonds or notes to be issued therefor, as above stated, is the amount of the said down payment for said purpose.
Section 4. The following additional matters are hereby determined, declared, recited and stated:
(a)The said purposes described in Section 3 of this bond ordinance are not current expenses and each is a property or improvement which the Borough may lawfully acquire or make as a general improvement, and no part of the cost thereof has been or shall be specially assessed on property specially benefited thereby.
(b)The average period of usefulness of said purposes within the limitations of said Local Bond Law and taking into consideration the respective amounts of the said obligations authorized for the several purposes, according to the reasonable life thereof computed from the date of the said bonds authorized by this bond ordinance, is 18.65 years.
(c)The supplemental debt statement required by said Local Bond Law has been duly made and filed in the office of the Borough Clerk and a complete executed duplicate thereof has been filed in the office of the Director of the Division of Local Government Services in the Department of Community Affairs of the State of New Jersey, and such statement shows that the gross debt of the Borough as defined in said Local Bond Law is increased by the authorization of the bonds and notes provided for in this bond ordinance by $612,560, and the said obligations authorized by this bond ordinance will be within all debt limitations prescribed by said Local Bond Law.
(d)Amounts not exceeding $75,000 in the aggregate for interest on said obligations, costs of issuing said obligations, engineering costs and other items of expense listed in and permitted under Section 40A:2-20 of said Local Bond Law may be included as part of the costs of said improvements and are included in the foregoing estimate thereof.
Section 5. All bond anticipation notes issued hereunder shall mature at such times as may be determined by the Chief Financial Officer, provided that no note shall mature later than one year from its date. The notes shall bear interest at such rate or rates and be in such form as may be determined by the Chief Financial Officer. The Chief Financial Officer shall determine all matters in connection with the notes issued pursuant to this bond ordinance, and the Chief Financial Officer’s signature upon the notes shall be conclusive evidence as to all such determinations. All notes issued hereunder may be renewed from time to time subject to the provisions of N.J.S.A. §40A:2-8. The Chief Financial Officer is hereby authorized to sell part or all of the notes from time to time at public or private sale and to deliver them to the purchasers thereof upon receipt of payment of the purchase price plus accrued interest from their dates to the dates of delivery thereof. The Chief Financial Officer is directed to report in writing to the governing body of the Borough at the meeting next succeeding the date when any sale or delivery of the notes pursuant to this bond ordinance is made. Such report must include the principal amount, interest rate and maturities of the notes sold, the price obtained and the name of the purchaser.
Section 6. The full faith and credit of the Borough are hereby pledged to the punctual payment of the principal of and interest on the said obligations authorized by this bond ordinance. Said obligations shall be direct, unlimited obligations of the Borough, and the Borough shall be obligated to levy ad valorem taxes upon all the taxable property within the Borough for the payment of said obligations and interest thereon without limitation of rate or amount.
Section 7. The capital budget or temporary capital budget of the Borough is hereby amended to conform with the provisions of this ordinance to the extent of any inconsistency herewith and the resolutions promulgated by the Local Finance Board showing all detail of the amended capital budget or temporary capital budget and capital program as approved by the Director, Division of Local Government Services, are on file with the Borough Clerk and are available for public inspection.
Section 8. This bond ordinance shall take effect twenty (20) days after the first publication thereof after final adoption, as provided by said Local Bond Law.
If adopted this Ordinance shall take effect after publication and passage by law.
PUBLIC HEARING
Mayor Happer opened the public hearing on the Ordinance 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 public hearing on the Ordinance.
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Yes |
No |
Abstain |
Absent |
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Borin |
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Bradlee |
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Bravo |
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Holmberg |
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Lester |
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McWilliams |
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Happer |
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12. *RESOLUTIONS:
R80-13 Resolution Authorizing Self-Examination of Budget (Carried from 4.08.13)
R99-13 Resolution Accepting the Withdrawal of One Bid and Authorizing the Rejection of All Remaining Bids-
Lake Drive School Roof Replacement
R100-13 Resolution Authorizing Refund of Overpayment of Water and Sewer Fees – Block 116, Lot 5.11
R101-13 Resolution Appointing Municipal Registrar - Reilly
R102-13 Resolution Authorizing the Settlement of a Tax Appeal – Mountain Lakes Club vs. Borough of Mountain Lakes
R103-13 Resolution Authorizing 2013 Municipal Employees’ Salary
R104-13 Resolution Recognizing UHY Employee Benefits Consulting Services, Inc. as Producer of the Borough of Mountain Lakes Employee Dental Benefits Program
R105-13 Resolution Authorizing the Payment of Bills
PR03-13 Special Proclamation – Christina Whitaker, Retirement
Prior to the Consent Agenda vote Councilman Bradlee asked that Resolution 103-13, Resolution Authorizing 2013 Municipal Employees’ Salary be pulled from the Consent Agenda for separate consideration and vote. Councilwoman Bravo asked that the Special Proclamation PR03-13 be pulled from the Consent Agenda for separate consideration and vote. Councilman Holmberg presented some changes to the April 20th Special Meeting minutes, and the consensus of the Council was that Mr. Tovo would revise the minutes and present them for approval at the May 28th meeting. Mayor Happer indicated that he would recuse himself from the vote on Resolution R102-13, Resolution Authorizing the Settlement of a Tax Appeal – Mountain Lakes Club vs. Borough of Mountain Lakes, due to his club membership.
13. *MINUTES:
April 20, 2013 (Special Meeting)
April 22, 2013 (Regular)
14. *DEPARTMENT REPORTS:
Construction Department April 2013
Department of Public Works April 2013
Finance Department First Quarter 2013
Fire Department April 2013
Health Department April 2013
Police Department April 2013
Tax Department April 2013
15. *COMMITTEE AND COMMISSION APPOINTMENTS: None
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Borin |
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Bradlee |
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Bravo |
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Holmberg |
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Lester |
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McWilliams |
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Happer |
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**Happer: Abstaining R102-13, Resolution Authorizing the Settlement of a Tax Appeal – Mountain Lakes Club vs. Borough of Mountain Lakes
**Minutes, April 20, 2013 (Special Meeting): carried to May 28, 2013
Resolution 103-13
Resolution Authorizing 2013 Municipal Employees’ Salary
Councilman Bradlee inquired as to why the salary increase was retroactive to January 1st and not effective with the date the budget was passed. After some discussion, the Council consensus was that Councilman Bradlee would prepare a discussion item on this topic for a future meeting.
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Absent |
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Borin |
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Bradlee |
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Bravo |
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Holmberg |
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Lester |
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McWilliams |
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PR03-13 Special Proclamation – Christina Whitaker, Retirement
Councilwoman Bravo said she wished to publicly recognize and thank Ms. Whitaker for her years of service to the Borough. Mayor Happer concurred with Councilwoman Bravo’s comments and offered his thanks to the retiring Clerk as well.
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No |
Abstain |
Absent |
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Borin |
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Bradlee |
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Bravo |
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Holmberg |
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Lester |
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McWilliams |
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Happer |
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Mayor Happer made a motion to excuse the absence of Councilman Borin due to his family emergency, second by Councilwoman Bravo, with all members in favor signifying by “Aye”.
16. ATTORNEY’S REPORT:
Mr. Murphy had nothing to report.
17. MANAGER’S REPORT:
Mr. Tovo reported that the Canal clean-up will begin after Memorial Day so as not to interfere with the activities surrounding the Memorial Day festivities. Mr. Tovo is in the process of obtaining official permission from property owners regarding access points to the Canal for the vendor and Borough workers.
Mr. Tovo also reported the Department of Transportation (DOT) awarded a $230,000 grant for road resurfacing to the Borough. This will allow paving on Crane Road and the remainder of Briarcliff. Mr. Tovo said this is the largest award the Borough has ever received from the DOT.
Mr. Tovo said that all pending submissions to FEMA regarding Hurricane Sandy has been completed and approved. Submissions included police overtime, shelter operations, and damage to Borough property. He expressed thanks to Chief Bennett, Mark Prusina, and Joan Best for their assistance.
Mr. Tovo mentioned there were six (6) applicants for the Recreation Director position. He and members of the Recreation Commission will be holding preliminary interviews this week.
In response to Council concerns, Mr. Tovo said that he would issue a Broadcast Email so residents would be aware that they should contact the Department of Public Works (DPW) with pothole reports.
Mr. Tovo said that he was working with the vendor in charge of the canal project on a drainage plan for the two (2) new fields behind the tennis courts.
18. COUNCIL REPORTS:
Historic Preservation Committee – Councilman Bradlee said the Committee would like to receive the remainder of the Centennial funds. Mr. Tovo said the amount remaining is $16,000. He recommended that the money be retained by the Borough for historic preservation projects, such as new windows at The Station and the upgrade and repair of the historic dynamite shack. The Council agreed. The consensus was that a Resolution would be presented at a future meeting, stating that the Centennial funds would be earmarked for specific Historic Preservation activities, as approved by the Council.
Fire Department – Councilman Bradlee said the Fire Department recently held their annual ball. Deputy Mayor McWilliams said the event was very well attended.
Personnel Sub-Committee – Councilman Holmberg reported that the Sub-Committee discussed the personnel manual and the Recreation Director position.
Solid Waste Committee – Deputy Mayor McWilliams said the Committee did not meet this month.
Shade Tree Commission – Deputy Mayor McWilliams mentioned that the Commission was doing a tree inventory. The Deputy Mayor said he had also asked the members to make note of any downed poles or wires. The Commission also has some new prospects for membership.
Lakes Management Advisory Committee – Deputy Mayor McWilliams said the Canal cleaning was the topic of discussion at the last meeting.
Shared Services Sub-Committee – Deputy Mayor McWilliams reported that the Sub-Committee will be meeting next week.
Mayor Happer mentioned that he would like the Council to review the 2013 goals at the second meeting in June.
Finance Advisory Committee – Mayor Happer told the Council that the discussion at the recent Finance meeting revolved around the water and sewer utilities and whether or not they should become self-funded. He said having a self-funded utility would allow the Borough to maintain a better infrastructure; however, residents would lose a tax deduction as the cost of the maintaining the utility would be covered in the Borough’s budget. He asked the Council members whether or not the Finance Advisory Committee should continue to explore this topic. The Council consensus was no, as several Council members felt they did not want to affect tax deductions. Mr. Tovo said the Committee would still be reviewing the water and sewer rates as these had not been adjusted for some time.
DPW Sub-Committee – Mayor Happer said the Sub-Committee met last Friday and discussed the storm water management report and projects, the Wildwood Lake spillway, the canal project, curb and sidewalk projects, and well repairs. Mayor Happer also said that he would like the Council to discuss the issues of trees in the Borough rights of way and trees in the lakes. He expects this discussion will take place in July.
In response to Council questions and concerns, Mr. Tovo said that he is developing a plan for increased access for boaters and skaters at Cove Park. He thanked Mr. Joe Virag from the DPW for his assistance with caring for the plants.
19. 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.
20. ADJOURNMENT at 9:47 p.m.
Motion made by Deputy Mayor McWilliams, second by Councilman Holmberg, to adjourn the meeting at 9:47 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: May 13, 2013
____________________________________ _______________________________
Michele Reilly, RMC, Borough Clerk Daniel J. Happer, Mayor