BOROUGH OF MOUNTAIN LAKES

BOROUGH HALL, 400 BOULEVARD, MOUNTAIN LAKES

973-334-3131

www.mtnlakes.org

 

APRIL 14, 2014

7:30 PM EXECUTIVE SESSION

8:00 PM 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, 2014 and posted in the municipal building.

 

Mayor Happer called the meeting to order at 8:00 p.m in the municipal building.

2.             ROLL CALL

 

Ms. Reilly called the roll. All Council members were present except for Councilman Albergo, who arrived after the Pledge of Allegiance. Also in attendance were Borough Attorney Marty Murphy, Borough Manager Robert Tovo, Borough Clerk Michele Reilly, Director of Public Works Mark Prusina, Police Chief Shawn Bennett and Acting Chief Financial Officer D. Timothy Roberts.

 

3.             PLEDGE OF ALLEGIANCE

Mayor Happer led the salute to the flag.

4.             EXECUTIVE SESSION                                                                                                       NONE

                 

5.             COMMUNITY ANNOUNCMENTS

Mayor Happer mentioned that several events took place over the weekend, including the Trout Stocking on Friday and the Trout Derby on Saturday morning, both at Birchwood, and the Easter Egg Hunt, which was held at Midvale Field on Sunday. Councilwoman Bravo offered congratulations to the Recreation Director for the success of these activities.

 

Mayor Happer reminded those in attendance of the following upcoming events: the school election on April 23rd, Trash Days at the Department of Public Works on April 25th and April 26th from 8:00 am – 3:00 pm, shredding day on April 26th from 8:00 am – 11:00 am, the blood drive on April 26th from 8:00 am – noon,  the Arbor Day celebration at Wildwood School on April 25th at 1:45 pm, the Borough Council Goes To Briarcliff event on May 2nd, and the Memorial Day parade on May 26th.

 

Mayor Happer said that Deputy Mayor Holmberg was coordinating the Borough Council Goes To Briarcliff event. He also stated that the Memorial Day Committee was looking for volunteers. Councilman McWilliams mentioned that those who donate a pint of blood are able to shred two boxes of documents for free. He also mentioned Operation Takeback would be held on April 26th. This event is sponsored by the Police Department and provides a safe dropoff point for unused and unwanted medications.

 

Mayor Happer said that the Borough was helping to sponsor a spring cleanup event on April 26th. Deputy Mayor Holmberg said that residents would notice cleanup activities all week long, and high school clubs and teams, coordinated by Patty McElduff, would be out in the community. Deputy Mayor Holmberg said residents interested in volunteering should utilize the interactive component on the Borough website.

 

Deputy Mayor Holmberg stated that the Woods and Lakes Run would be held on Saturday, April 26th at 10:00 am.

 

6.             PUBLIC COMMENT

                Each speaker is limited to one (1) comment of no more than 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.

 

Fred Kanter – Hanover Road, Mountain Lakes

Mr. Kanter said he feels that a separate school election is expensive. Mr. Kanter also addressed the process of choosing the Borough Engineer and Attorney. He said he had requested records regarding the reappointment of the Borough Attorney and he had received none.  He asked what information the Council had used in order to make their decision and why it wasn’t provided to him. He said the process of selecting Borough professionals should be transparent.

 

BOROUGH OF MOUNTAIN LAKES

APRIL 14, 2014

PAGE TWO

 

 

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

 

7.             SPECIAL PRESENTATION –            MORRIS COUNTY BOARD OF CHOSEN FREEHOLDERS

                                                                                BUDGET SUBCOMMITTEE 2014 BUDGET PRESENTATION

 

Freeholder Hank Lyon presented an overview of the County’s 2014 budget. Freeholder Lyon said that the County has been able to offer a zero percent (0%) tax increase for the second consecutive year while maintaining essential services, and he reviewed some of the highlights of the County budget. Freeholder Lyon thanked the Council for the opportunity to speak and the Council thanked him for his presentation.

 

8.             SPECIAL PRESENTATION -             MOUNTAIN LAKES DAY

 

Mr. Christopher Palazzi, the original founder of Mountain Lakes Day, spoke to the Borough Council about his desire to resurrect this event, first held in 2002 as a mechanism for gathering the community together after the events of September 11, 2001. He stated that he is working with Jane Hayward, another original participant and an event planner, as well as with Manager Bob Tovo and DPW Director Mark Prusina.  The event would be held at the Esplanade, and there would be inflatables and food vendors, as well as music by the Golden Gup. Mr. Palazzi said his goal would be to at least cover the event costs, and donate any remaining funds to the Police and Fire Departments as well as to the Kiwanis Ambulance Squad. Based on conversations with Mr. Tovo and Mr. Prusina, Mr. Palazzi said he expects that the Department of Public Works will be able to assist the volunteers with the setup of the even. Mr. Palazzi mentioned that he is trying to get the schools involved, and that there has been some sponsorship interest. He said he expected to have all the details finalized by the end of April.

 

The Council consensus was to support Mr. Palazzi and the resurgence of Mountain Lakes Day as an important community event.

 

9.             PROCLAMATION

                PR01-14                                Declaring April 25, 2014 as Arbor Day in the Borough of Mountain Lakes

 

Mayor Happer asked for and received the consent of the Council in order to proclaim April 25, 2014 as Arbor Day in the Borough, and subsequently read the following into the record:

 

A PROCLAMATION DECLARING APRIL 25, 2014 AS

ARBOR DAY IN THE BOROUGH OF MOUNTAIN LAKES”

 

WHEREAS, in 1872, J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for planting of trees; and

 

WHEREAS, this holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska, and Arbor Day is now observed throughout the nation and the world; and

 

WHEREAS, trees reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce oxygen and provide habitat for wildlife; and

 

WHEREAS, trees are a renewable resource giving us paper, wood for our homes, fuel for our fires and countless other wood products; and

 

WHEREAS, trees in our city increase property values, enhance the economic vitality of business areas, and beautify our community, and

 

WHEREAS, trees, wherever they are planted, are a source of joy and spiritual renewal; and

 

WHEREAS, Mountain Lakes has again been recognized as a Tree City USA by the National Arbor Day Foundation and desires to continue its tree-planting practices,

 

NOW, THEREFORE, I, Daniel J. Happer, Mayor of the Borough of Mountain Lakes, on behalf of the Borough Council of the Borough of Mountain Lakes, do hereby proclaim April 25, 2014 as Arbor Day in the Borough of Mountain Lakes, and urge all citizens to celebrate Arbor Day and to support efforts to protect our trees and woodlands.

 

FURTHER, I urge all citizens to plant trees to gladden the heart and promote the well being of this and future generations.      

 

Ms. Reilly stated that the Shade Tree Commission would be honoring Heather Carr for her efforts at this year’s Arbor Day celebration.

 

 

 

 

 

 

 

BOROUGH OF MOUNTAIN LAKES

APRIL 14, 2014

PAGE THREE

 

 

10.          ORDINANCE 03-14

 

                ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK

                FOR THE CALENDAR YEAR 2014 PURSUANT TO N.J.S.A. 40A:4-45.15

 

WHEREAS, the Local Government Cap Law, N.J.S. 40A: 4-45.1 et seq., provides that in the preparation of its annual budget, a municipality shall limit any increase in said budget to .5% unless authorized by ordinance to increase it to 3.5% over the previous year’s final appropriations, subject to certain exceptions; and,

WHEREAS, N.J.S.A. 40A: 4-45.15a provides that a municipality may, when authorized by ordinance, appropriate the difference between the amount of its actual final appropriation and the 3.5% percentage rate as an exception to its final appropriations in either of the next two succeeding years; and,

WHEREAS, the Borough Council of the Borough of Mountain Lakes in the County of Morris, State of New Jersey finds it advisable and necessary to increase its Calendar Year 2014 budget by up to 3.5% over the previous year’s final appropriations, in the interest of promoting the health, safety and welfare of the citizens; and,

WHEREAS, the Borough Council hereby determines that a 3% increase in the budget for said year, amounting to $158,398.20 in excess of the increase in final appropriations otherwise permitted by the Local Government Cap Law, is advisable and necessary; and

WHEREAS, the Borough Council hereby determines that any amount authorized hereinabove that is not appropriated as part of the final budget shall be retained as an exception to final appropriation in either of the next succeeding years.

NOW THEREFORE BE IT ORDAINED, by the Borough Council of the Borough of Mountain Lakes, in the County of Morris, State of New Jersey, that a majority of the full authorized membership of this governing body affirmatively concurring, that, in the Calendar Year 2014 budget year, the final appropriations of the Borough of Mountain Lakes shall, in accordance with this ordinance and N.J.S.A. 40A: 4-45.14, be increased by 3.5% amounting to $184,797.90, and that the Calendar Year 2014 municipal budget for the Borough of Mountain Lakes be approved and adopted in accordance with this ordinance; and,

BE IT FURTHER ORDAINED, that any amount authorized hereinabove that is not appropriated as part of the final budget shall be retained as an exception to final appropriation in either of the next two succeeding years; and,

BE IT FURTHER ORDAINED, that a certified copy of this ordinance as introduced be filed with the Director of the Division of Local Government Services within 5 days of introduction; and

BE IT FURTHER ORDAINED, that a certified copy of this ordinance upon adoption, with the recorded vote included thereon, be filed with said Director within 5 days after such adoption.

 

Following introduction, the above Ordinance will be published in accordance with the law and a public hearing will be held on April 28, 2014. 

 

Prior to the introduction of the Ordinance, Mr. Roberts explained that this is a standard Ordinance introduced and passed by the Borough Council each year in conjunction with the budget. He said that the State is mandating a half percent (.5%) increase in appropriations but allowing the municipality to “bank” an extra three percent (3%) of appropriations for use if necessary. The extra percentage is available for a two (2) year period.

Council Member

By:

2nd

Yes

No

Abstain

Absent

By

2nd

Yes

No

Abstain

Absent

Albergo

 

 

X

 

 

 

 

 

 

 

 

 

Borin

 

 

X

 

 

 

 

 

 

 

 

 

Bravo

X

 

X

 

 

 

 

 

 

 

 

 

Lester

 

 

X

 

 

 

 

 

 

 

 

 

McWilliams

 

X

X

 

 

 

 

 

 

 

 

 

Holmberg

 

 

X

 

 

 

 

 

 

 

 

 

Happer

 

 

X

 

 

 

 

 

 

 

 

 

                                                                                               

 

 

 

 

 

 

 

 

 

 

 

 

BOROUGH OF MOUNTAIN LAKES

APRIL 14, 2014

PAGE FOUR

 

 

11.          INTRODUCTION OF 2014 MUNICIPAL BUDGET

 

                BE IT RESOLVED that the revenues and appropriation present shall constitute the Municipal Budget for the year 2014.

 

                BE IT FURTHER RESOLVED that said budget be published in the Daily Record.

 

                A Public Hearing on the Budget and Tax Resolution will be held at the Mountain Lakes Borough Hall on May 12, 2014 at

                8 p.m. or soon thereafter, at which time and place objections to said Budget and Tax Resolution for the year 2014 may be

                Presented by taxpayers or other interested persons.

 

Ms. Reilly read the Budget Resolution into the record.

 

Mr. Tovo highlighted some of the budget amendments, including reduced Police & Fire Retirement System (PFRS) and Public Employees Retirement System (PERS) payments based on an adjustment made by the State of New Jersey, a $49,000 reduction in capital spending, an increase in the receipts from delinquent taxes, and an adjustment in the Reserve for Uncollected Taxes (RUT) to 94.56% as recommended by the Finance Advisory Committee. Mr. Tovo said that these changes result in a tax rate of .471 and an l budget increase of 1.95% on the tax rate. Mr. Tovo said that the Capital Budget will reflect a new total of $746,400.

 

Mr. Tovo explained that the 2014 budget will result in a tax increase of $85.33 per year, or $7.11 per month, on the average assessed home valued at $785,800.00. Mr. Tovo thanked Mr. Roberts, Borough Auditor Tim Vrabel, and the Finance Advisory Committee for their assistance in preparing the budget.

 

Deputy Mayor Holmberg expressed his thanks to all those mentioned above and stated that he would like to see the RUT decreased even further in future years. Mayor Happer thanked Mr. Tovo for his efforts. He said that one of the Council’s annual goals is to pass a responsible budget and that the 2014 budget is a good, responsible product. Mr. Tovo thanked Mayor Happer for his help with the budget preparation.

Council Member

By:

2nd

Yes

No

Abstain

Absent

By

2nd

Yes

No

Abstain

Absent

Albergo

 

 

X

 

 

 

 

 

 

 

 

 

Borin

 

 

X

 

 

 

 

 

 

 

 

 

Bravo

X

 

X

 

 

 

 

 

 

 

 

 

Lester

 

X

X

 

 

 

 

 

 

 

 

 

McWilliams

 

 

X

 

 

 

 

 

 

 

 

 

Holmberg

 

 

X

 

 

 

 

 

 

 

 

 

Happer

 

 

X

 

 

 

 

 

 

 

 

 

                                                                                               

 

 

 

 

 

 

 

 

 

 

 

 

12.          *RESOLUTIONS:

                R74-14   Resolution Authorizing the Award of Contract for the Roof Replacement at Lake Drive School Project

                R75-14   Resolution Authorizing the Payment of Recycling Tax

                R76-14   Resolution Authorizing the Payment of Bills

 

13.          *MINUTES:

                March 24, 2014 (Executive)

                March 24, 2014 (Regular)

 

14.          *DEPARTMENT REPORTS:

                Tax Department                   February 2014

 

15.          *BOARD AND COMMISSION AND COMMITTEE APPOINTMENTS                              NONE

 

 

 

 

 

 

 

 

 

 

BOROUGH OF MOUNTAIN LAKES

APRIL 14, 2014

PAGE FIVE

 

 

Council Member

By:

2nd:

Yes

No

Abstain

Absent

Albergo

 

 

X

 

 

 

Borin

 

 

X

 

 

 

Bravo

 

 

X

 

 

 

Lester

X

 

X

 

 

 

McWilliams

 

 

X

 

 

 

Holmberg

 

X

X

 

 

 

Happer

 

 

X

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

               

16.          ATTORNEY REPORT

 

Mr. Murphy had no report.

 

17.          MANAGER’S REPORT

 

Mr. Tovo said that the Boulevard is scheduled to be repaved by mid-June.

 

Mr. Tovo also said that he has met with representatives from New Jersey Natural Gas and their subcontractor and they have been very cooperative. The Borough is measuring the roads which are in need of resurfacing.  Mr. Tovo said this is necessary in order to determine which roads will be paved in conjunction with those roads being paved by the gas company. Mr. Tovo stated that the Borough’s goal is to pave ten percent (10%) of roadways per year, but that in 2014 he expects the percentage roads resurfaced will be much higher.

 

In response to Council questions, Mr. Tovo said he would call the County to see if parts of the Boulevard can be patched as a temporary solution while waiting for the paving. Councilmen McWilliams and Lester also had questions about staging construction equipment on Borough property, and Mr. Tovo said equipment used for construction or repairs on private property should not be stored on Borough or County property. He also said that any damage resulting from storing equipment on Borough or County property would be the responsibility of the vendor.

 

Councilwoman Bravo asked about replanting at Cove Park, and Mr. Tovo said there was no timeline yet in place, although replanting would occur. Mr. Prusina said he thought that the boat launch at Cove Park would be ready by Memorial Day.

 

Mayor Happer inquired about the Bentlee’s property on Route 46 West, and Mr. Tovo said he was aware that a company had expressed interest in establishing another restaurant at this location; however, he was not able to share details with the Council as the company was choosing not to share any specifics at this time.

 

18.          COUNCIL REPORTS

 

Lakes Management Advisory Committee – Councilman Albergo said the Committee has been discussing the beaver situation.

 

Environmental Commission – Councilman Albergo reminded the Council that the Commission would like to discuss the wellhead protection Ordinance after the budget has been passed.

 

Communications Advisory Committee – Councilman Lester reported the Committee was ahead of schedule and was in the process of determining needs for and checking pricing for a new website. He said he expected the Committee to have the vendor selection process completed within the next ninety (90) days and a new website established by the end of 2014. In response to Councilwoman Bravo’s questions about administrative representation he said that Mr. Tovo sits on the Committee.

 

Councilwoman Bravo mentioned that she and Chief Bennett had recently attended a County Freeholders meeting where discussion ensued in reference to the Freeholders continuing to study the concept of a County Police Department.

 

Historic Preservation Committee – Councilman Borin said the Committee hoped the Historic Preservation Ordinance could be updated on the website soon. In addition, the Committee asked him to request the Council use the $18,000 in leftover funds from the Centennial for sidewalk repairs on Midvale. Councilman Lester and Deputy Mayor Holmberg asked Councilman Borin to discuss with the HPC committing some of their funds to increased storage and the digitization of documents.

 

Shade Tree Commission – Deputy Mayor Holmberg said the new arborist, Lorraine Konopka, would be conducting a walk-through of the parks, conducting surveillance, and developing a five (5) year forestry plan. Mr. Tovo said he had met with Ms. Konopka and she was very knowledgeable and he felt she would be a great asset to the Borough.

 

BOROUGH OF MOUNTAIN LAKES

APRIL 14, 2014

PAGE SIX

 

 

 

Personnel Subcommittee – Mayor Happer said the subcommittee will be meeting next week to discuss the Citizen of the Year and Janice Hunts Awards. He said that the Clerk had started keeping a record of past nominations which would be helpful when the Council considers the lifelong achievement award.

 

Mayor Happer reminded the Council members to review Council goals now that the first quarter of the year had passed.

 

Mayor Happer said that a discussion item regarding evaluating the Borough’s water supply would be presented at the next Council meeting, in addition to the quarterly financial update from the Acting CFO.

 

Mayor Happer said that he hoped the Council would be able to formalize the new Personnel Policies and Procedure Manual by mid-year.

 

Councilmen McWilliams and Albergo said they would be presenting a discussion item regarding the consolidation of the Solid Waste Advisory Committee and the Environmental Commission.

 

19.          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.

 

Jillian Bevacqua – The Citizen Newspaper

Ms. Bevacqua told the Council that this would be her last meeting as she would be moving to Pennsylvania for a job opportunity. She thanked the Council for the hard work and dedication she had witnessed during her tenure covering meetings. The Council offered her congratulations and best wishes in future endeavors.

 

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

 

20.          ADJOURNMENT at 9:32 PM

 

Motion made by Deputy Mayor Holmberg, second by Councilman Lester, to adjourn the meeting at 9:32 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:                APRIL 14, 2014

 

________________________________                     _______________________________

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