JANUARY 27, 2014








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, 2014 and posted in the municipal building.


2.             ROLL CALL


Ms. Reilly called the roll. All Council members were present.  Also in attendance were Borough Attorney Robert Oostdyk, Borough Manager Robert Tovo, Borough Clerk Michele Reilly, Police Chief Shawn Bennett, Department of Public Works Director Mark Prusina, and Acting Chief Financial Officer D. Timothy Roberts.



Mayor Happer led the salute to the flag.

4.             EXECUTIVE SESSION                                                                                                       NONE


Councilman Lester mentioned the Board of Education and Borough Council’s joint survey regarding communications. Residents are being asked to respond to the survey questions no later than January 30, 2014.


                Matthew DeSantis, Chief

                Steve Castellucci, Deputy Chief

                William Bender, Assistant Chief

                Joseph Mullaney, Administrative Officer


The Oath of Office was administered to Matthew DeSantis by Mayor Happer. Chief DeSantis’s fiancée Katelyn held the Bible.


The Oath of Office was administered to Steve Castellucci by Mayor Happer. Deputy Chief Castellucci’s wife Linda held the Bible.


The Oath of Office was administered to William Bender by Mayor Happer. Assistant Chief Bender’s wife Kathy held the Bible.


The Oath of Office was administered to Joseph Mullaney by Mayor Happer. Officer Mullaney’s friend Kathy Bender held the Bible.



                Henry Ramm, Patrolman

                Zachary Walsh, Patrolman


The Oath of Office was administered to Henry Ramm by Mayor Happer. Patrolman Ramm’s wife Sarah held the Bible. His badge was pinned on by Chief Bennett.


The Oath of Office was administered to Zachary Walsh by Mayor Happer. Patrolman Walsh’s mother Karen held the Bible. His badge was pinned on by his father, retired Police Lieutenant Christopher Walsh.









JANUARY 27, 2014









8.             PUBLIC COMMENT

                Each speaker is limited to five (5) minutes and no yielding of time to another person.


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.


Mary Joelsson – Scarborough Road

Ms. Joelsson read a letter on behalf of the League of Women Voters requesting that the Borough Council issue a proclamation in opposition of human trafficking.


Stephen Shaw – Point View Place

On behalf of himself and The Villa owner Jerry Frungillo, Mr. Shaw thanked the Council for their review of the proposed Ordinance changes, which if adopted would provide for conditional hotel use and allow The Villa to improve their property. Mr. Shaw said he felt that an amended Ordinance would provide many benefits for the Borough, including fulfillment of the Council’s stated goal of increasing economic development.


Allison Fenton – Roberts Drive

Ms. Fenton asked that specific attention be paid to improvements at Birchwood Lake while the Borough Council is considering its capital projects.


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


Mayor Happer stated that the Borough Council is in absolute agreement with the League of Women Voters that human trafficking is an atrocious criminal activity. However, he explained that the Council receives many requests for proclamations and as a general rule does not issue them.


9.             DISCUSSION ITEM:


-Hotel Ordinance


Mayor Happer stated that Mr. Shaw and Mr. Frungillo had made a presentation to the Borough Council in November of 2013 regarding their concept plan for a hotel on The Villa property. The Council’s reaction at that time was favorable and the concept plan had been sent to the Borough’s Planner for evaluation.


Mr. Tovo asked if the Council would be willing to entertain a change in the existing Ordinance. The change would allow for conditional hotel use in Business Zone B and increase the maximum building height to sixty (60) feet. Mr. Tovo said that the Borough Engineer had conducted an analysis of water use versus firm capacity, and the proposed project would fall under the Borough’s maximum firm capacity. In reference to traffic studies, Mr. Tovo said that the project would be subject to a full site plan review by the Planning Board and any traffic issues would be addressed at that time. Mr. Tovo also said that the change in building height would not have any adverse consequences from a fire safety perspective, as the Borough has a mutual aid agreement with other surrounding municipalities which possess ladder trucks. Councilman McWilliams affirmed this and also pointed out that the building would be fully equipped with a sprinkler system.


The Council consensus was to introduce an Ordinance change at the February 10th Borough Council meeting. If introduced, the proposed change would be reviewed by the Planning Board for consistency with the Master Plan before the Borough Council conducts a public hearing.















JANUARY 27, 2014




- Capital Budget Presentation


Mr. Tovo led the discussion. He said his goals for this year’s capital budget were to maintain a budget amount of $750,000 or less as recommended by the Finance Advisory Committee and approved as policy by the Borough Council, to put a priority on capital improvements for recreation facilities, to utilize the proceeds from Police outside detail for a capital purchase, to take advantage of the one-time $49,000 anomaly in debt service to facilitate a capital project, and to maintain the Borough’s commitment to infrastructure upgrades, i.e. streets and sidewalks.


In response to questions about infrastructure upgrades, Mr. Tovo said he would provide the Borough Council with a schedule of streets to be repaved and sidewalks to be fixed. He said that Department of Transportation (DOT) grants have been applied for but that grant awards are not made until April or May. Additionally, he said he has asked for a schedule of paving projects to be completed in the Borough by New Jersey Natural Gas (NJNG) as they endeavor to repair road damage caused by their gas line upgrades. Since the gas company is not responsible for paving a road in its entirety but only nine (9) feet into the roadway, Mr. Tovo said the Borough will attempt to coordinate its paving with that of NJNG’s; however, this may not always be possible due to funding.


Mr. Tovo discussed the purchase of a jet powered boat for use on Mountain Lake. This boat would be paid for by the administrative fee charged in conjunction with Police outside detail. Mr. Tovo said the purchase of the boat was supported by both the Recreation Department and the sailing program. Mayor Happer asked for a list of operating costs associated with the boat purchase, and Mr. Tovo said he would provide them. Mr. Tovo said the Department of Public Works would build the dock and housing facility for the boat. In addition, Mr. Tovo said the boat purchase has been discussed with the Risk Manager and it has been determined that ownership of the boat would not increase the Borough’s liability.


Mr. Tovo said that many residents have expressed their concern to him regarding the Borough’s recreational facilities. He said that the Administration and the Recreation Department have and will continue to develop a comprehensive maintenance plan to extend the useful life of the facilities. He stated that this year’s proposed capital budget will tackle three (3) significant projects that have been identified by the Recreation Commission as top priority items: drainage upgrades at Upper Halsey Frederick Field, fixing racks and rings at the Midvale Boat launch, and playground replacement at Midvale Field. Facility upgrades for Birchwood and Island beaches will be evaluated in 2014 and presented with the 2015 capital budget plan.


Mr. Tovo stated that he was not requesting approval for the budget plan tonight, but rather seeking feedback. He requested that Council members call or email him with questions about his presentation. Mayor Happer asked Mr. Roberts to provide him with grant statistics from 2011-2013. Councilman Lester asked Mr. Roberts to provide him with a working version of his spreadsheet.


10.          *RESOLUTIONS

55-14     Resolution Authorizing the Entry Into An Interlocal Service Agreement Between the Borough of Mountain Lakes

                and the Board of Education of the Borough of Mountain Lakes

56-14     Resolution Authorizing An Increase in the Petty Cash Fund to $250.00

57-14     Resolution Authorizing Membership in the New Jersey State Firemen’s Association - Copley

58-14     Resolution Authorizing the Payment of Bills


11.          *MINUTES

       January 2, 2014 (Regular)



                Construction Department                  December 2013

                Department of Public Works             December 2013

                Fire Department                                  December 2013, Year End 2013

                Health Department                             December 2013

                Police Department                              December 2013

                Tax Department                                   December 2013

                Zoning Board of Adjustment             Year End 2013


13.          *BOARD AND COMMISSION AND COMMITTEE APPOINTMENTS                                        NONE












JANUARY 27, 2014





Council Member




































































*Councilmen Borin and McWilliams abstained from voting on the January 2, 2014 minutes



14.          ATTORNEY REPORT


Mr. Oostdyk had no report.


15.          MANAGER’S REPORT


Mr. Tovo said he had nothing additional to report; however, he asked Mayor Happer to provide feedback about the proposed new chairs for the Council chambers after the meeting.


16.          COUNCIL REPORTS


-2014 Goals


Mayor Happer led the discussion regarding Council goals for 2014. He said he wanted to keep the same goal categories as had been decided on in 2013. Starting with the category of Emergency Preparation, the Council agreed that monitoring the Civilian Employee Response Team (CERT) should be a goal in 2014. Additionally, Councilwoman Bravo mentioned a tabletop exercise with the Office of Emergency Management (OEM). Mr. Tovo said this was being considered for the third or fourth quarter of 2014.


Mayor Happer said that in the category of Personnel, completing the revision of the Personnel Policy and Procedure Manual would continue to be a goal in 2014. He expected the final version to be ready in the early second quarter of 2014, after the budget process had been completed.


In the Finance category, Mayor Happer said he felt that the goal of adopting a fiscally responsible budget in order to meet the needs of the community should remain a goal for 2014, and possibly for every year. Also, he said the goals of maintaining a long range capital plan and continuing to evaluate opportunities to evaluate tax ratables were still relevant for this year.


Councilwoman Bravo said she felt evaluating the combination of the Planning and Zoning Boards into one Land Use Board should be a goal. Mr. Tovo said this would be a discussion item after the budget process had been completed. Councilwoman Bravo also stated she felt the Borough should be more proactive in recognizing volunteers. She mentioned awarding the Janice Hunts and Citizen of the Year awards at a different point during the year, possibly in conjunction with a volunteer celebration, and no longer associating these awards with the Memorial Day ceremonies.


In the category of Communications, Councilman Lester said that implementing a new website during the year was a goal of the Communications Advisory Committee. He also hopes to include a quarterly Mayor’s letter on the website.


Mayor Happer said that in the final category of Operational Efficiencies, he would like to continue the full implementation of PubWorks, the comment tracking system currently in use at the Department of Public Works (DPW).


The consensus of the Council was that, due to the late hour, they would continue to discuss 2014 goals at the February 10th meeting.




JANUARY 27, 2014




17.          PUBLIC COMMENT

                Each speaker is limited to five (5) minutes and no yielding of time to another person.


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.


Jayne Wolkenstein – Melrose Road

Ms. Wolkenstein offered her support for capital improvements to the Recreation facilities.


Audrey Lane – Melrose Road

Ms. Lane, the Borough’s Recreation Director and a resident, said many residents have expressed to her the need for improvement to the Borough’s recreational facilities. She thanked the Council for their consideration of the capital projects that pertain to recreation.


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



18.          ADJOURNMENT at 11:28 PM


Motion made by Councilman McWilliams, second by Councilman Borin, to adjourn the meeting at 11:28 p.m., with all members in favor signifying by “Aye”.



*Indicates Consent Agenda Item

Matters listed as Consent Agenda Items 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:                JANUARY 27, 2014


________________________________                     _______________________________

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