BOROUGH OF MOUNTAIN LAKES
BOROUGH HALL, 400 BOULEVARD, MOUNTAIN LAKES
973-334-3131
APRIL 28, 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. Also in attendance were Borough Attorney Marty Murphy, Borough Manager Robert Tovo, Borough Clerk Michele Reilly, Police Chief Shawn Bennett, Fire Chief Matt DeSantis, Director of Public Works Mark Prusina, Planning and Zoning Board Administrator Cynthia Shaw 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
Deputy Mayor Holmberg discussed the recent clean-up day which took place on April 26th. Clean-up sites included both Island and Birchwood beaches, the Railroad Station, the Esplanade, Fanny Field, Borough Hall, and pocket parks within the Borough. Students and community groups participated in the clean-up and Deputy Mayor Holmberg said he hoped the event helped to instill a sense of pride in the community. He thanked Patty McElduff from the High School for her efforts in coordinating the school groups and said he will be attending a Board of Education meeting in order to thank the schools for their help and participation. The clean-up day is expected to become an annual event in the Borough. Councilwoman Bravo suggested involving neighborhoods in the clean-up and in addition, to ask residents to point out areas of concern that could be addressed during the clean-up activities.
Councilwoman Bravo said she had been in attendance at the Woods and Lakes Run on Saturday, April 26th and that it was once again a successful event.
Mayor Happer mentioned he had attended the Empty Bowls Event at the High School on April 23rd and it also was a success.
Deputy Mayor Holmberg said that the Borough Council Goes To Briarcliff event will take place on May 2nd, in conjunction with the League of Women Voters. The program will begin at 12:30.
Councilman McWilliams gave details about the recent events which took place at the Borough Hall on April 26th, consisting of Shredding Day, a Blood Drive, and Operation Takeback. He said that almost three (3) tons of paper was shredded and that the proceeds were split between the Mountain Lakes Volunteer Fire Department (MLVFD) and the Boonton Kiwanis Ambulance Squad. Each organization received a donation of $543.00. In addition, at least twenty-three (23) pints of blood were donated and one hundred fifty two (152) pounds of unused/unwanted medication was dropped off. Councilman McWilliams thanked the members of the MLVFD and the Department of Public Works for their efforts throughout the day. In addition, he thanked the members of the public who participated in the events and helped to make the day successful.
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.
BOROUGH OF MOUNTAIN LAKES
APRIL 28, 2014
PAGE TWO
William duTertre – Lake Drive, Mountain Lakes
Mr. duTertre, a freshman at Mountain Lakes High School, proposed the Borough Council enter into a twin city arrangement with the French town of Chaville. Mr. duTertre said this reciprocal partnership would include student exchanges, city tours, competitions, and social events with almost no cost to the Borough. Mr. duTertre stated that he is a French citizen and speaks French and therefore would like to be selected as the student liaison for the program if the Council chooses to participate.
With no one else wishing to be heard, Mayor Happer closed the public comment portion of the meeting.
The consensus of the Council was that Mr. duTertre’s idea was worth considering and Mr. Tovo was asked to research the concept. He said he will report back to the Council at the next meeting during his Manager’s report. The Council commended Mr. duTertre on his presentation.
7. DISCUSSION ITEMS:
-Amend 245-20 A: Supplementary Bulk Regulations/Lakefront Exception
Ms. Shaw led the discussion regarding the lakefront exception. She explained that the lakefront exception was designed to protect the lake view for all residents who own property on any of the Borough’s lakes. The lakefront exception currently applies to any newly constructed home or addition but does not address accessory structures. A recent case involving a large accessory structure which infringed upon a neighbor’s lake view prompted the Zoning Board of Adjustment to ask the Borough Council to consider changing the Ordinance. The recommendation was to add language to include “proposed new house, addition, or accessory structure” and in addition, “this provision shall not apply to structures five (5) feet or less in height”. The consensus of the Council was that they were comfortable with the recommendation made by the Zoning Board of Adjustment, and the Borough Attorney was instructed to present an amendment to the Ordinance at the next Borough Council meeting.
-Amend 40-3: Definitions – Setback Line
Ms. Shaw led the discussion regarding the setback line. She explained how, the Ordinance does not specify that driveways and walkways are allowed to be located in the setback. The Zoning Board of Adjustment recommends the Council amend the definition of setback line to include driveways and walkways. Incorporating this language into the Ordinance would mean that driveways and sidewalks would be required to be part of the impervious coverage calculation. In addition, the Zoning Board would no longer have to include these allowances in their resolutions and the Zoning Officer would be able to approve the site plans. The consensus of the Council was that they were in agreement with the Zoning Board of Adjustment’s recommendation. The Borough Attorney was instructed to present an amendment to the Ordinance at the next Borough Council meeting.
The Borough Council and Ms. Shaw discussed the possible need for zoning permits. She stated that there is currently no mechanism in the community to regulate landscaping projects and/or site work. Lack of a review process can lead, for example, to homeowners exceeding their impervious coverage allowance which in turn can lead to drainage issues for neighbors. Ms. Shaw advocated for a review process as a way to maintain the park like setting of the Borough. Mr. Tovo and the Borough Council agreed that a zoning application and review process should be addressed and Ms. Shaw will work with Mr. Montemarano, the Zoning Officer, to present a discussion item to the Council with the target date of the first meeting in June.
-Water Capacity and Redevelopment
Mayor Happer stated that the Council made the decision to discuss water capacity after questions were raised during the Ordinance change to Zone B. Mayor Happer said that he is in favor of the DPW Subcommittee evaluating the six (6) items listed on the discussion write-up done by Mr. Tovo and then giving a report to the Council. Mr. Tovo said discussions would begin at the next Subcommittee meeting. He said he would reach out to neighboring municipalities and dialog with Borough professionals as well. Councilman Lester requested that discussions include those in the community who have some knowledge and interest in water and in conservation. The consensus of the Council was that the DPW Subcommittee would spearhead efforts to evaluate the Borough’s firm capacity regulations and water quality protection in consultation with Borough professionals and the wellhead protection effort, and that a report would be given at the September Borough Council meeting.
BOROUGH OF MOUNTAIN LAKES
APRIL 28, 2014
PAGE THREE
8. 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.
If adopted this Ordinance shall take effect after publication and passage as provided by law.
PUBLIC HEARING
Mayor Happer opened the public hearing 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.
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Council Member |
By: |
2nd |
Yes |
No |
Abstain |
Absent |
By |
2nd |
Yes |
No |
Abstain |
Absent |
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Albergo |
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X |
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X |
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Borin |
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X |
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X |
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Bravo |
X |
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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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McWilliams |
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X |
X |
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Holmberg |
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X |
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X |
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Happer |
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VOTE AS INTRODUCED ON APRIL 14, 2014
BOROUGH OF MOUNTAIN LAKES
APRIL 28, 2014
PAGE FOUR
9. *RESOLUTIONS:
R77-14 Resolution Authorizing the Redemption of Tax Title Lien 2013-005 – Block 128, Lot 6
R78-14 Resolution Authorizing the Payment of Bills
Prior to the Consent Agenda vote, Mr. Tovo reviewed his memo regarding the first quarter budget status at the request of Mayor Happer. Mr. Tovo stated that the budget is tracking as expected for the first quarter of the year and the analysis prepared by Mr. Roberts does not reveal any areas of concern. Most line items show revenue and expenses to date at twenty-five percent (25%). Those that do not are triggered by timing issues; for example, retirement payments are due in entirety to the State during the first quarter of the year. Another example is Recreation and Maintenance of Parks and Beaches, which expended very little funds during the first quarter since the bulk of their activity is during the second and third quarters of the year. Conversely, Mr. Tovo said the line items tracking above target were in Streets and Roads and Solid Waste. These higher numbers are attributed to the increased salt purchases and the Department of Public Works overtime stemming from the harsh winter, and in addition, the DPW incurs most of their expenses in the first quarter of the year.
In response to questions from Councilman Lester regarding the Police overtime budget, Chief Bennett reported that he will be presenting an analysis to the Public Safety Subcommittee at the next meeting and then will submit his analysis to the Borough Council.
10. *MINUTES:
April 14, 2014 (Regular)
11. *DEPARTMENT REPORTS:
Construction Department March 2014
Department of Public Works March 2014
Finance Department 1st Quarter 2014
Fire Department March 2014
Health Department March 2014 and 2013 Annual Report
Police Department March 2014
Tax Department March 2014
12. *BOARD AND COMMISSION AND COMMITTEE APPOINTMENTS
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Board/Committee/Commission |
Name |
Term |
Position |
Dates |
Notes |
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Historic Preservation Committee |
Lesley Karczewski |
4 years |
Member |
5.01.14-12.31.15 |
Filling unexpired term of |
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Roberta Matalon |
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Council Member |
By: |
2nd: |
Yes |
No |
Abstain |
Absent |
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Albergo |
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X |
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Borin |
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Bravo |
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Lester |
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McWilliams |
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Holmberg |
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Happer |
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13. ATTORNEY REPORT
Mr. Murphy had no report.
BOROUGH OF MOUNTAIN LAKES
APRIL 28, 2014
PAGE FIVE
14. MANAGER’S REPORT
Mr. Tovo reported that the County of Morris had awarded the Boulevard paving contract to Top Line from Somerville, New Jersey. He will be attending a pre-construction meeting on Thursday, May 1st.
Mr. Tovo said that all necessary documentation has been submitted to FEMA and to the New Jersey State Office of Emergency Management (OEM). He has completed the new reimbursement packets for the five (5) open projects and is waiting for these organizations to review them. Mr. Tovo said that, depending on the timeliness of the response, he may ask Mayor Happer to involve some of the Borough’s elected officials. Mayor Happer reported that Congressman Frelinghuysen has expressed his willingness to intercede on behalf of the municipalities in order to expedite reimbursements.
Mr. Tovo stated that work began today on the access ramp at Cove Park. He said a combination of hard packed dirt and durable grass seed will be used in the area in order to prevent damage to boats.
In reference to Cove Park, Councilwoman Bravo brought up the issue of the many dead plants. Mr. Tovo reported between forty-five and fifty percent (45-50%) of plants have been lost in the past two (2) years. Councilwoman Bravo stated she felt that new plants should be in the ground by June 1st and that the area should be fenced in order to protect the Borough’s investment. Mayor Happer said that the Borough Council had previously decided not to place a fence at the Park, and Mr. Tovo reminded the Council that if fencing were placed at the site, it would have to remain in place for three to four years, possibly longer. In addition, Mr. Tovo pointed out that Tony Cerbo from Cerbo’s Garden Center was advising that planting should not occur until after June 15th. Mr. Tovo reported that he had been meeting with the Cove Committee and would be holding another meeting shortly and Mr. Cerbo was expected to attend. Mr. Tovo advised that he was proceeding cautiously as he did not want to simply replant and then have to report the same casualty figures to the Council in two more years.
Mr. Tovo said he applied for two (2) Town Club grants, one for the Halloween Safe Zone and one for the Fourth of July fireworks.
Deputy Mayor Holmberg mentioned the recent school election and his dismay at the turnout, which Ms. Reilly reported as being approximately eleven percent (11%) of eligible voters. Deputy Mayor Holmberg said he thought it might be appropriate to consider passing a resolution requiring the school election to be held in November, in conjunction with the general election, as many other municipalities have done. The Council consensus was that this issue would be discussed at a future meeting.
15. COUNCIL REPORTS
DPW Subcommittee – Councilman McWilliams said the subcommittee met last week and was in the process of designing a clear plan for parking at Midvale Fields, with an emphasis on safe drop-off points. He said the renovation was continuing on Well 4 and that a pump starter was being repaired at Well 5. In addition, Councilman McWilliams reported a virus that had infected the DPW computers. Mr. Prusina stated that this was being fixed and in addition, automatic backups would occur to the server housed at the Borough Hall in order to prevent any future loss of documents and information.
Communications Advisory Committee – Councilman Lester thanked the Committee for their hard work on the recent Borough events and said there are many new pictures on the website.
Councilman Lester asked Mr. Prusina about redoing the signs at Birchwood Beach and updating the language to include “no dogs on the beach”. Mr. Prusina said he thought the signs already contained this information and will check and report back to the Councilman.
In response to a request from Mayor Happer and Mr. Tovo, Councilman Lester said he will contact the Communications Advisory Committee in reference to posting a copy of the proposed budget on-line prior to the public hearing on May 12th.
Personnel Subcommittee – Mayor Happer said the Subcommittee met recently and hopes to begin reviewing the updated personnel manual in May. In addition, Mayor Happer said the Subcommittee had reviewed the submissions for the Citizen of the Year and Janice Hunts Awards. After careful consideration of the applicants, Mayor Happer said the Subcommittee was recommending Candidate A receive recognition as Citizen of the Year and Candidate 3 receive the Lifetime Achievement Award. The consensus of the Council was to support the recommendation of the Personnel Subcommittee. Mayor Happer will contact the award recipients. Awards will be presented at the Memorial Day celebration.
BOROUGH OF MOUNTAIN LAKES
APRIL 28, 2014
PAGE SIX
16. 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.
Fred Kanter – Hanover Road, Mountain Lakes
Mr. Kanter said moving the school election to November would save the Borough money. He said the Council made poor choices when they picked the plants for Cove Park. He also discussed the appointment process for the Borough Attorney.
With no one else wishing to be heard, Mayor Happer closed the public comment portion of the meeting.
17. ADJOURNMENT at 10:31 PM
Motion made by Deputy Mayor Holmberg, second by Councilman Lester, to adjourn the meeting at 10:31 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 28, 2014
________________________________ _______________________________
Michele Reilly, RMC, Borough Clerk Daniel J. Happer, Mayor