BOROUGH OF MOUNTAIN LAKES
BOROUGH HALL, 400 BOULEVARD, MOUNTAIN LAKES
973-334-3131
SEPTEMBER 9, 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 and Councilwoman Bravo, who were absent. Also in attendance were Borough Attorney Marty Murphy, Borough Manager Robert Tovo, Borough Clerk Michele Reilly, Borough Engineer Bill Ryden, as well as Police Chief Shawn Bennett and Fire Chief John Reilly.
3. FLAG SALUTE
4. EXECUTIVE SESSION
RESOLUTION R140-13
Matters Relating to Litigation, Negotiations, and the Attorney-Client Privilege
-Possible Litigation/Negotiation Relating to Development Plan of Adjacent Municipality
Motion made by Councilman Bradlee, second by Deputy Mayor McWilliams, to enter into Executive Session with all members in favor signifying by “Aye”.
Motion made by Councilman Lester, second by Deputy Mayor McWilliams, 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 school year has started.
Councilman Lester said Boonton had held a fabulous River Jam over the weekend. Deputy Mayor McWilliams concurred.
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.
Margaret Gossett – Glen Road
Ms. Gossett identified herself as a trustee of a citizen’s group and stated that Mountain Lakes has been proven to be the owner of Intervale Road and has a legal right to sign the group’s protest petition. She said the Borough’s signature is needed in order to reach the protest requirement of twenty percent (20%) of landowners within two hundred (200) feet of the proposed zone change.
Dave Shertzer – Lookout Road
Mr. Shertzer commented that he did not think Ordinance 03-13 should be passed in its current form and that he would like to see a better definition for Section 1(J)((1)).
Ron Owens – Intervale Road
Mr. Owens pleaded for support of the protest petition. He thanked the Council for their interest in the Waterview issue.
Gretchen Fry – Ball Road
Ms. Fry said she felt it imperative that the Borough add its name to the protest petition and that this was a quality of life issue.
Jackie Bay – Morris Avenue
Ms. Bay asked the Council whether or not they would sign the petition. She also inquired as to the status of the well-head protection Ordinance and was asked by Mayor Happer to contact the Borough Manager.
With no one else wishing to be heard, Mayor Happer closed the public comment portion of the meeting.
Councilman Lester asked Ms. Gossett to explain how Mountain Lakes had been proven to be the owner of Intervale Road. She replied that the attorney for her citizen’s group had stated that Mountain Lakes was the owner of the road. Mr. Murphy said there is no deed that shows the Borough owns the road and that the attorney’s conclusion was an opinion.
Mayor Happer said that at some point during the meeting the Council would vote as to whether or not they would sign the protest petition.
7. PUBLIC HEARING – Request by Cablevision for Franchise Renewal
Gary Shaw, the Government Affairs Director for Cablevision, introduced himself to the Borough Council. He stated his company was seeking a non-exclusive renewal of the franchise agreement as the current ten (10) year agreement will be expiring at the end of December, 2013. He said as part of the current franchise agreement, Cablevision provides free family service to the schools and library. In addition they extend free internet to the schools and library as a courtesy, since the franchise agreement applies to cable services only. Mr. Shaw mentioned that Cablevision has provided other towns with technology grants and he would be willing to discuss a grant with the Borough Manager as the negotiations progressed over the next few months.
Mayor Happer opened the public hearing portion of the meeting with the consent of the Council.
Jeff O’Sullivan – Morris Avenue
Mr. O’Sullivan asked about Cablevision’s plans for bringing fiber lines closer to homes. Mr. Shaw explained that the coaxial cables in place adequately handle the current data demands. Mr. O’Sullivan said he was appreciative that Cablevision did not charge him for services during Hurricane Sandy, since service wasn’t available.
Dave Shertzer – Lookout Road
Mr. Shertzer inquired about capital plans and the reliability of the current system. Mr. Shaw said the current system is performing well almost one hundred percent of the time.
With no one else wishing to be heard, Mayor Happer closed the public hearing portion of the meeting.
Mr. Shaw said that his company’s goal was to be the number one provider for video, voice, and data services. He reminded the Council and those in attendance that service calls are free and residents should call with issues or concerns.
8. DISCUSSION ITEMS:
-Fire Department Vehicle Replacement
Chief John Reilly stated that the Fire Department would like to sell the existing rescue truck and replace it with a smaller and more maneuverable vehicle. He explained that the current vehicle can only carry two (2) firefighters and the replacement vehicle would be able to carry five (5) and a better variety of equipment. The Fire Department would like to auction off the current vehicle and use the proceeds in order to purchase a new one. Chief Reilly said the Department would scale what they purchased based on the sale price of the current vehicle so no additional funding would be required. Mr. Tovo said once the sale is complete the Borough Council could pass a Chapter 159: Special Item of Revenue and Appropriations Resolution, which would authorize the insertion of the funds and the subsequent expenditure in the 2013 budget. Chief Reilly received compliments on his presentation and the consensus of the Council was to allow the Fire Department to proceed with the auction and then the purchase of the new vehicle.
9. ORDINANCE 03-13
ORDINANCE AMENDING CHAPTER 229 OF THE REVISED GENERAL ORDINANCES AND PROHIBITING PARKING WHEN STREETS ARE SNOW OR ICE COVERED
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 229, Section 229-3, “Parking,” shall be amended by the inclusion of the following additional subsections:
J. Parking prohibited when streets are snow or ice covered.
(1) Whenever snow or ice has fallen and the accumulation is such that it covers the streets and highways, an emergency shall exist and no vehicle, nor any portion of the vehicle, shall be parked on any street or highway or portions thereof.
(2) The above parking prohibitions shall remain in effect until after the snow or ice has ceased and the streets have been plowed sufficiently and to the extent that parking will not interfere with the normal flow of traffic.
K. Towing of vehicles.
(1) Any police officer may move or cause to be moved any motor vehicle parked in contravention to the terms of this section to a place designated by the Chief of Police for the impounding of such vehicles.
(2) Within 24 hours of such impoundment, the Chief of Police shall notify, personally or by mail, the registered owner of the location of the impounded vehicle.
(3) Such vehicle shall not be released until the owner shall have paid all reasonable towage, storage and other incidental charges connected therewith which charges shall be set forth on a fee schedule on file in the office of the Chief of Police. In the event of a dispute over charges, the owner of the vehicle shall have the right to appeal the validity of the charges to the Chief of Police who shall conduct a hearing as soon as is practicable. If, after the hearing, the Chief of Police determines that there is a legitimate basis to dispute the billing, he shall order the vehicle released upon payment of the undisputed amount and the parties may address the balance due in such legal proceedings as they deem appropriate.
(4) In addition to any reasonable charges of fees herein provided for, any person convicted of violating the provisions of this subsection shall be subject to fines as provided by law.
Section 2. Chapter 229, Section 229-3 entitled “Parking,” shall be amended by the deletions of subparagraphs 3, 4, 5, and 6 in subsection F.
Section 3. 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 4. All Ordinances or parts of Ordinances, which are inconsistent herewith are hereby repealed to the extent of such inconsistency.
Section 5. This Ordinance shall take effect immediately after final passage and publication in the manner provided by law.
If adopted this Ordinance shall take effect after publication and passage as provided by law.
PUBLIC HEARING
Mayor Happer opened the public hearing portion of the meeting with the consent of the Council.
Dave Shertzer – Lookout Road
Mr. Shertzer expressed his concern about the Ordinance, particularly Section 1 (J)((1)). He said he felt the definition was vague and open to interpretation. He questioned the liability the Borough had incurred due to previous accidents. Mr. Shertzer said he was concerned residents would not have the opportunity to move their vehicles during the day if it snowed and they were not able to get home; for example, if they were at work. He felt the Ordinance would cause residents to be in violation through no fault of their own.
With no one else wishing to be heard, Mayor Happer closed the public hearing portion of the meeting.
Councilman Lester asked Chief Bennett to address Mr. Shertzer’s concerns.
Chief Bennett explained that the public safety of both residents and Borough employees is the reason the Public Safety Sub-Committee requested a change to the current Ordinance. Having the roads clear of parked cars during an ice or snow event means cleaner streets, fewer accidents, and less plowing time for the Department of Public Works. In addition, as pointed out by Assistant Fire Chief Steve Castellucci, snow and ice accumulation on roads affects emergency vehicles and their response times, so trying to keep the roads as clean as possible is important. Chief Bennett stated that an Ordinance change would allow for enforcement when and if necessary and reinforced that the Police Department would still follow the current procedure of attempting to contact the resident and/or owner of the vehicle before a summons was issued or a vehicle was towed. Chief Bennett also said that cars parked in a parking lot are not subject to the Ordinance and would not represent an issue for plows or emergency services.
Mayor Happer commented that passing the amended Ordinance would not represent a change in the policy of the Police Department. In addition, the amended Ordinance would include a provision for towing, which is lacking from the current Ordinance.
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Council Member |
By: |
2nd |
Yes |
No |
Abstain |
Absent |
By |
2nd |
Yes |
No |
Abstain |
Absent |
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Borin |
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X |
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X |
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Bradlee |
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X |
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X |
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Bravo |
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X |
X |
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X |
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Holmberg |
X |
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X |
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X |
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Lester |
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X |
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X |
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X |
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McWilliams |
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X |
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X |
X |
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Happer |
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X |
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X |
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10. RESOLUTION R144-13
Resolution Authorizing the Borough of Mountain Lakes to be a Signatory to a Protest Petition Against
Township of Parsippany-Troy Hills Ordinance 2013-28
Mayor Happer read the following part of the Resolution into the record:
WHEREAS, N.J.S.A. 40:55D-63 permits a formal ordinance Protest to be filed by either the owners of 20% of the land within the area be rezoned or the owners of 20% of the land within 200 feet of the zone change; and
WHEREAS, Intervale Road, a Borough of Mountain Lakes street, is within 200 feet of the zone change; and
WHEREAS, the Borough Council, while acknowledging positive changes from earlier drafts of the proposed rezoning ordinance, continue to be concerned that the ordinance as introduced does not contain language to insure that the Doremus Ridge will remain in its original and natural state and free of disturbance or alteration by a developer of the Waterview tract, and for that reason oppose Township of Parsippany-Troy Hills Ordinance 2013-28.
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Council Member |
By: |
2nd: |
Yes |
No |
Abstain |
Absent |
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Borin |
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X |
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Bradlee |
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X |
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 |
X |
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X |
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McWilliams |
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X |
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Happer |
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X |
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11. *RESOLUTIONS:
R141-13 Resolution Authorizing the Chapter 159-Special Items of Revenue and Appropriations:
2013 Alcohol Education Rehab Grant
R142-13 Resolution Authorizing the Chapter 159-Special Items of Revenue and Appropriations:
2013 Clean Communities Grant
R143-13 Resolution Authorizing the Payment of Bills
12. *MINUTES:
August 26, 2013 (Executive)
August 26, 2013 (Regular)
13. *DEPARTMENT REPORTS:
Construction Department August 2013
Department of Public Works August 2013
Fire Department August 2013
Tax Department August 2013
14. *COMMITTEE AND COMMISSION APPOINTMENTS: (See Attached)
Prior to the Consent Agenda Mayor Happer clarified with Mr. Tovo that the Recreation Director would give a report to the Borough Council in November. At that time the financial statistics from summer recreation will also be presented.
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Council Member |
By: |
2nd: |
Yes |
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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X |
X |
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McWilliams |
X |
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X |
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Happer |
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X |
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15. ATTORNEY’S REPORT:
Mr. Murphy had nothing additional to report.
16. MANAGER’S REPORT:
Mr. Tovo reported that the survey work on Sunset Dam had been completed and that he had met with the Borough Dam Consultants. The next step is the permitting process and then the inclusion of the project in the 2014 budget.
Mr. Tovo stated that he has received the capital project wishlist from the Recreation Commission and it will be discussed at the DPW Sub-Committee meeting on Friday. Additionally, Halsey Field has been surveyed and he is waiting for a quote from the vendor regarding the cost of turf.
Mr. Tovo said that all the vendors who submitted bills for work relating to Hurricane Sandy have been paid, the clean-up is complete and the Borough can now approach FEMA for reimbursement.
Regarding the Citizens Emergency Response Team (CERT) Mr. Tovo said he had discussed training modules with Chief Bennett and they anticipated setting a schedule of training dates within the next two weeks.
Mr. Tovo spoke about the McMATCH (Morris County Municipal Action to Curb Hunger) program. There are twenty-five (25) municipalities participating in this county-wide food drive, including the Borough. The Council was supportive of the Borough’s participation. A broadcast email will be sent in order to generate support from the community.
17. COUNCIL REPORTS:
Environmental Commission – Councilman Borin said that there were two main topics of discussion at their last meeting, the Parsippany petition and well-head protection. Mr. Murphy said that the well-head protection will be discussed at the next meeting. Mr. Tovo stated that a new Ordinance will be proposed versus trying to merge new language into the old Ordinance.
Shade Tree Commission – Deputy Mayor McWilliams reported that the Commission will soon be having its regularly scheduled meeting.
Solid Waste Advisory Committee – Deputy Mayor McWilliams said that there had been no quorum for the meeting scheduled for September 5th. Issues to be discussed at a future meeting will be the use of vending machines for garbage bag sales and assessing school participation in the recycling program.
Health Commission – Councilman Lester reported the Commission is meeting tomorrow.
Communications Committee – Councilman Lester said the Committee is meeting Wednesday and he expects they will elect a chair.
Finance Advisory Committee – Mayor Happer said the budget process for 2014 will begin shortly. The first step is the requests which will be sent by the Manager to the Department heads. The current plan for Council discussions is to begin with the capital plan during November or December. Mayor Happer said that utility rates will be evaluated for a possible rate increase at the end of the year, since there has been no increase in five (5) years. The Borough’s fee schedule will also be evaluated and the Mayor expects an Ordinance to be introduced by the end of the year, so that any new fees will be effective for January 1, 2014. Mayor Happer said the Committee expects to issue a request for proposals for Borough Auditor at the end of 2014 as part of the policy of reviewing the Borough’s professional contracts once every three years.
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Personnel Sub-Committee – Mayor Happer reported that the Sub-Committee was working on the PBA contract and expected to bring the discussion to the Council at some point in October. The Sub-Committee will be meeting on September 20th with an advisor regarding employee health insurance. Finally, the Sub-Committee is working on the draft of the Personnel Policy and Procedure Manual.
18. 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.
Glory Bowen – Lake Drive
Ms. Bowen asked if the Borough would be able to offer competition for Cablevision, for example, Verizon FIOS. Mayor Happer stated that the agreement with Cablevision did not preclude the Borough from entering into a franchise agreement with a competitor. Mr. Tovo said he has periodic conversations with Verizon but they have not indicated they will be bringing FIOS to the Borough. Deputy Mayor McWilliams suggested a grass-roots effort might encourage Verizon to reconsider.
With no one else wishing to be heard, Mayor Happer closed the second public comment portion of the meeting.
Chief Bennett reminded the Council that he was hosting the Black Bear Presentation on September 25th at 7:00 pm at the High School.
19. ADJOURNMENT at 10:13 p.m.
Motion made by Deputy Mayor McWilliams, second by Councilman Lester, to adjourn the meeting at 10:13 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: September 9, 2013
____________________________________ _______________________________
Michele Reilly, RMC, Borough Clerk Daniel J. Happer, Mayor