NOVEMBER 11, 2013








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 8:00 pm.



Ms. Reilly called the roll. All Council members were present except for Councilman Bradlee, who was absent.  Also in attendance were Borough Attorney Robert Oostdyk, Borough Manager Robert Tovo, Borough Clerk Michele Reilly, Chief of Police Shawn Bennett and Department of Public Works Director Mark Prusina.

3.             FLAG SALUTE


4.             EXECUTIVE SESSION                                                                                       NONE




Mayor Happer stated that Councilman Bradlee would be resigning effective December 31, 2013, due to a work related relocation. He said that the Council would be sorry to see him go but that it was a very good opportunity for him and his family. Mayor Happer said that the Republican Committee would be submitting three (3) names to the Council as the first step in the process of finding a replacement for Councilman Bradlee.


Mayor Happer reminded those in attendance that today was Veterans Day and that all Veterans were in our thoughts and prayers.


Councilwoman Bravo expressed thanks to the Police Department, Fire Department, and Department of Public Works, as well as to all residents who participated in the Safe Zone Halloween event. She said over one thousand (1,000) children trick or treated in the Safe Zone within a four (4) hour period. She mentioned some of the challenges faced by those families who reside in the Safe Zone, such as the expense of the candy not covered by donations. She said she felt it would be a good idea for a Committee to study some of these issues in anticipation of next year’s event.


Councilman Holmberg mentioned that the High School Football Team finished its regular season with a perfect record and was headed to the State Tournament. He also reported that the Boys Cross Country team won the State Sectionals and the Boys Soccer Team was in the third round of the State Tournament.


Councilman Holmberg said that the Home and School Association (H&SA) was celebrating the “Year of the Community” and was hosting an event on Wednesday, November 13th, at the Mountain Lakes Club from 9 am to 11 am. He said the idea was to inform new families as to how to get involved in the community. Among those in attendance would be representatives from the schools, the Recreation Department, the library, and the Women’s Club.


Deputy Mayor McWilliams stated that he attended the Community Church’s Centennial event on Saturday night at the Rockaway River Country Club on behalf of the Borough Council.


Councilman Lester said that he would like the Borough Council to honor and recognize those who worked on Election Day. The rest of the Council 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 said she was here on behalf of the Environmental Commission (EC) to ask the Council to commit to a 2014 goal of the EC regarding the Cove Park project. She reminded the Council that the Cove used to be covered with Japanese barberry, an invasive plant species. Ms. Gossett said the Council had chosen the Cove Park project as its Centennial Legacy project.  This project allowed for the removal of the barberry and its replacement with native plants, creating a riparian buffer. She urged the Council to replace the dead plants at the Cove and to protect them. She said that the EC’s goal was to monitor the project.


Lauren Brickner-McDonald – Center Drive

Ms. Brickner-McDonald offered her thanks to the Manager, the Police Department, and the Department of Public Works for their help with the Safe Zone event. She talked about the challenges of living in the Safe Zone, such as the candy expense. She asked the Council to consider what could be done to help the residents who live in the Safe Zone and where more money could be obtained in order to support this program.


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

Deputy Mayor McWilliams mentioned that a Safe Zone used to be operated on Hanover, Melrose, and Kenilworth Roads. Chief Bennett and Mr. Tovo stated that this Safe Zone was no longer operational due to the fact that there was very low attendance in this zone and in addition, two zones meant that resources such as candy and personnel had to be split. Mayor Happer agreed with Councilwoman Bravo that a Committee should review the event.

Councilwoman Bravo said she supported putting up a fence and potentially some signs at Cove Park in order to discourage residents and dog walkers from stepping on the plants and that the Borough should hire someone to maintain the plants. Mayor Happer said that the Environmental Commission should discuss their concerns with their liaison and the Borough Manager. He asked Mr. Tovo to assess what is needed at Cove Park and to report his findings and recommendations to the Council.

7.             SPECIAL PRESENTATION               Route 46 Redevelopment – The Villa


Steve Shaw and Gerald Frungillo made a presentation to the Council to discuss their vision for an expanded use at the Villa, including a hotel to be built on the existing site. Mr. Shaw stated that they felt their concept plan will help the Borough realize the land use objectives for the business as stipulated in the updated Master Plan. Mr. Shaw also said that they had met with Councilman Borin, Councilman Lester, Mayor Happer, Mr. Tovo, and the Borough’s Planner, Paul Phillips and had refined their concept plan.


Mr. Frungillo said there is a need for this type of use with Mountain Lakes. He said the Villa is losing business to Parsippany by not having a hotel. In addition, the Borough is losing the opportunity to collect up to a five percent (5%) hotel occupancy tax. Mr. Frungillo said he has two other locations which have hotel occupancy and they are thriving.


Mr. Shaw stated that the Villa sits on a 3.2 acre property on Route 46 East in the Business B Zone, bounded by Forest Lumber, Conrail, and Brick Office Buildings. He and Mr. Frungillo are proposing a 132 room hotel, two-thirds (2/3) of which will be built over the existing footprint. The building would be five (5) stories and sixty (60) feet high, with a narrow façade/streetscape. The project would cut the banquet capacity in half, from the current six hundred (600) guests to three hundred (300). Mr. Shaw said at minimum, a one hundred thirty (130) room hotel is necessary in order for Mr. Frungillo to attract the interest of a major hotel chain.


Mr. Shaw reported that the property taxes that the Villa pays to the Borough, currently $100,000 would triple. In addition, the project would create construction jobs, would allow the Borough to collect a hotel occupancy tax with the passage of an Ordinance, and would create employment for seventy-five (75) people. Additionally, the Villa would be able to apply for a hotel liquor license, thereby freeing up the current liquor license which could then be bought and used by another establishment. Mr. Shaw mentioned that the Villa may request up to five (5) years of tax relief from the Borough as the project is being completed.


Mr. Shaw and Mr. Frungillo asked for Council consideration and feedback, and Council members offered support for the project. Mayor Happer said that a long-term goal of the Council has been economic development and creating business opportunities along the Route 46 corridor. He said that the next step would be to have the Planner, Paul Phillips, review the plan and issue a report to the Council. Mr. Tovo requested permission to work with Mr. Oostdyk and the Planner in order to develop options for the Council. The consensus of the Council was to allow Mr. Tovo, Mr. Oostdyk, and Mr. Phillips to work together in conjunction with Mr. Shaw and Mr. Frungillo and to report back to the Council in early 2014.









8.             *RESOLUTIONS:

                R159-13                                Resolution Authorizing the Payment of Bills


9.             *MINUTES:                          

                October 28, 2013 (Executive)

                October 28, 2013 (Regular)



                Construction Department                  October 2013

                Department of Public Works             October 2013

                Fire Department                                  October 2013

                Health Department                             October 2013

                Police Department                              October 2013

                Tax Department                                   October 2013


11.          *COMMITTEE AND COMMISSION APPOINTMENTS:                                (None)



Council Member





































































12.          ATTORNEY’S REPORT:


Mr. Oostdyk had nothing to report.


13.          MANAGER’S REPORT:


Mr. Tovo reported that the CERT training held on November 9th was well attended and the group was enthusiastic. In addition he reported that Councilman Lester is an Assistant Team Leader.


Mr. Tovo said that Powerville Road had been milled and paved on schedule and is due for striping soon. Paving and milling on the remaining street and in the condos will be done by the end of the week.


Mr. Tovo mentioned that the Wilson Basketball Courts were undergoing an extensive renovation as planned and budgeted for in the 2013 Capital Budget. He said there may be a rededication ceremony planned for the spring.


Mr. Tovo stated that he will be submitting an Ordinance for introduction at the next Council meeting. This Ordinance will address the issue of encroachment onto Borough property and right-of-ways. He said that the Borough spends a lot of time and money repairing personal property issues in Borough property and right-of ways, for example, sprinkler heads broken during snow plowing, when the costs should actually be borne by the homeowner. Mr. Oostdyk explained that personal property currently placed within Borough property and/or Borough right-of-ways would not be grandfathered because encroachment of property is not allowed regardless of whether or not an Ordinance has been adopted. Mayor Happer said the Ordinance had been discussed by the DPW Sub-Committee and all were in agreement that this was necessary.


Mr. Tovo said that Allied Biological had completed the hydroraking of Mountain Lake and Wildwood Lake.


Mr. Tovo said he was pleased to report that he and Mayor Happer had corresponded with the Freeholders and County Officials, and that the Morris County Freeholders Capital Improvement Committee had unanimously recommended that the southbound lane of the Boulevard be paved in conjunction with the work being done by New Jersey Natural Gas. This would mean that the entire Boulevard would be paved in the spring. Mr. Tovo thanked any of the other Council members who may have reached out to their County officials.


14.          COUNCIL REPORTS:

Finance Advisory Committee– Councilman Holmberg said the Committee was reviewing water and sewer rates. Mayor Happer said it has been five (5) years since rates were adjusted. In addition, rates need to be realigned due to the increase in sewer charges received from the Township of Parsippany-Troy Hills.


Councilman Holmberg suggested that the Council and Manager promote the restoration of the Wilson Basketball Courts, possibly with a sign, so that residents are reminded how their tax dollars are reinvested in the community. Promotion via the website and Mayor’s letter was also discussed.


Environmental Commission – Councilman Borin said the Commission has set forth goals for 2014, some of which include promoting the adoption of a wellhead protection Ordinance, improving recycling, and advocating for the preservation of the King of Kings property.


Lakes Management Advisory Committee – Deputy Mayor McWilliams said some of the Committee’s goals for 2014 include monitoring the repairs being undertaken at the Sunset Lake Dam, monitoring the changing water conditions at Crystal Lake, restoring Cove Park so that it fulfills its intended purpose, and continuing education.


15.          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.

Joan Best – Intervale Road

Ms. Best said that one of the goals of the Cove Committee had been maintaining public access to the park and to the lake. She suggested creating a path that residents could walk on in order to walk through the park, thereby avoiding walking on the plants. She advocated compromise and creativity.


Steve Shaw – Point View Place

Mr. Shaw said the Borough has the ability to ask for an audit of the Parsippany Water Treatment Plant as part of its master agreement with the Township. He suggested that Coach Wilson be invited to any rededication of the Wilson Basketball Courts. He stated that the Environmental Commission’s goals and objectives should dovetail with Borough Council goals. Finally, as the District Representative for the Morris County Open Space Commission, Mr. Shaw said that only three (3) grant applications were received in 2013 and therefore the Commission had only advocated a small portion of what they could have.

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

16.          ADJOURNMENT at 9:38 p.m.


Motion made by Councilman Lester, second by Councilman Holmberg, to adjourn the meeting at 9:38 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: November 11, 2013



____________________________________                                            _______________________________ 

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