BOROUGH
OF MOUNTAIN LAKES
COUNCIL MEETING
MONDAY, JANUARY 26, 2009
M I N U T E S
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 6, 2009 and posted in the
municipal building.
Mayor
Stephen Shaw called the meeting to order at 7:30 p.m.
2.
ATTENDANCE AND FLAG SALUTE
All Council members were present except
for Councilman Happer who was expected
shortly.
Also
in attendance were Borough Attorney Marty Murphy, Borough Manager Joe Tempesta,
and Borough Clerk Christina Whitaker.
3. EXECUTIVE
SESSION
Resolution 51-09
WHEREAS, the Borough Council of the Borough of Mountain Lakes, County of
Morris, State of New Jersey finds it necessary to discuss matters relating to:
· Tax Settlement/Zorlas
· Police Personnel/Retirements/Medical
WHEREAS, the Borough Council believes it to be in the best interest of the public to discuss such matters in closed session.
NOW, THEREFORE,
BE IT RESOLVED by the Borough Council of the Borough of Mountain Lakes, that it
shall enter Executive Session to discuss only those matters mentioned above;
the results of which will be disclosed when the matters are resolved and upon
vote of the Governing Body to release the minutes.
Councilman Happer arrived at 7:35 p.m.
Motion
by Councilman Jackson, second by Councilman McWilliams, to enter into Executive
Session, with all members in favor signifying by “Aye”.
Motion by Deputy Mayor
Gormally, second by Councilman Happer, to close the Executive Session and
return to the public portion of the meeting at 8:02 p.m., with all members in
favor signifying by “Aye”.
4. COMMUNITY ANNOUNCEMENTS
Mayor Shaw
thanked the Fire Department for spraying the cove which helped make the
surface of the
ice great for skating.
5. SPECIAL PRESENTATION (Hereto attached)
Woodlands
Committee- Philip Notestine (Chair)
A
representative from the United Bow Hunters of New Jersey also attended.
The Council thanked the
hunters for helping to control the deer population in the Borough which in turn
has aided in restoring some of the under growth in the forest areas. Mr.
Notestine said he has noticed wildlife returning to the woodlands.
Mr. Notestine
said the Committee plans to continue the program of removing invasive
vegetation with
the help of herbicides. The Committee also wants to work on restoring
native
vegetation to the woodlands and focus on the pocket parks in the Borough.
The Committee
outlined its plans for the year and requested a budget of $2100
to accomplish
its goals.
Deputy Mayor
Gormally noted that the high school graduating classes are now getting
involved by
planting trees.
Councilman
Jackson said that the Borough needs a long-term woodlands management
plan.
Mr. Notestine
said that the Committee has already taken important steps in developing a
plan.
The Council
asked Mr. Tempesta to contact the Joint Insurance Fund to find out what kind
of liability the Borough
might incur if volunteers, other than members of the committee, are used to
help fulfill some of the work planned by the Woodlands Committee.
6. PUBLIC COMMENT
Mayor Shaw explained the Council’s policy of limiting each
speaker to 5 minutes and no
yielding of time to another person.
Mayor Shaw opened
the public comment portion of the meeting with consent of Council.
Fred Kanter – Hanover Road
Mr. Kanter expressed his
displeasure with some members of the Council, the Borough Attorney, and prior
litigation issues.
With no
one else wishing to be heard, Mayor Shaw closed the public comment portion of
the
meeting.
7. ORDINANCE
1-09
ORDINANCE AMENDING THE
REVISED GENERAL ORDINANCES OF
THE BOROUGH OF MOUNTAIN
LAKES AND PROVIDING FOR THE
ISSUANCE OF PERMITS FOR THE
PLACEMENT OF CLOTHING BINS
WITHIN THE BOROUGH
Following
introduction, the above ordinance will be published in accordance with the law
and
a public hearing will be held on February 9, 2009.
Mr.
Murphy explained that the adoption of this ordinance was mandated by the State.
|
Council
Member |
By: |
2nd |
Yes |
No |
Abstain |
Absent |
By |
2nd |
Yes |
No |
Abstain |
Absent |
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McWilliams |
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X |
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Emr |
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X |
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Jackson |
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X |
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Gormally |
X |
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X |
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Happer |
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X |
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Wilson |
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X |
X |
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Shaw |
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X |
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02-09
Refunding Bond Ordinance of
the Borough of Mountain Lakes, in the County of Morris, New Jersey Providing
for the Advance Refunding of Certain General Improvement Bonds, Series 2002,
Appropriating $3,300,000 Therefor and Authorizing the Issuance of $3,300,000
General Improvement Refunding Bonds of the Borough for Financing the Cost
Thereof.
Following introduction, the
above ordinance will be published in accordance with the law
and a public hearing will be
held on February 9, 2009.
Mr.
Tempesta explained that it was the opinion of the Bond Counsel to adopt the
ordinance now in the event the ability to refinance at a good rate becomes
available.
Councilman
Jackson said he would like the ordinance to go to the Finance Committee for
comment before adoption.
|
Council
Member |
By: |
2nd |
Yes |
No |
Abstain |
Absent |
By |
2nd |
Yes |
No |
Abstain |
Absent |
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McWilliams |
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X |
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Emr |
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X |
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Jackson |
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X |
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Gormally |
X |
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X |
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Happer |
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X |
X |
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Wilson |
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X |
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Shaw |
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X |
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8. DISCUSSIONS
A.
COAH/Highlands
Committee (Hereto attached)
Mayor Shaw explained how
COAH and Highlands issues are now related.
In
December the Council adopted a non-binding resolution that grants an extension to
December 2009 for the
submission of third round petitions for substantive
certification of a municipal housing element and fair share
plan.
Mayor Shaw suggested that one committee be formed to evaluate the issues.
A seven-member committee, consisting of Councilwoman Wilson,
Deputy Mayor
Gormally, Mayor Shaw, Councilman McWilliams, Cathy Harvey, Sandy
Batty, and
Corey Nachshen, was proposed.
Borough Planner Susan Kimball, Borough Engineer Bill Ryden and Borough
Manager Joe
Tempesta will be meeting on January 27, 2009 to discuss the Highlands
Council’s option
of
opting in or out of the plan and an analysis of COAH requirements. They will
also
discuss grant money available through the Highlands Council.
B. Shared Services Committee
(Hereto attached)
Deputy Mayor Gormally said he thinks a survey
of the residents would be helpful in determining to what action the Council
should take in seeking shared service arrangements. The consensus of the majority of Council was to form a committee
made up of local citizens that would focus on shared services. The results will
aid in determining the need for additional space for Borough departments. In
Borough Hall.
Councilwoman Wilson and Councilman Happer
noted that there are renovations that still need to be addressed regardless of the
outcome of the survey.
Councilman McWilliams said
that both short-term issues and long-term issues needed to be addressed.
Councilman Jackson said the
condition of the economy makes it difficult for the Council to move forward
this year with the proposed plan..
Councilwoman Emr prepared a
statement. She said she had strong feelings on the membership of the Shared
Services Committee and with timing issues. She noted that waiting to build
would probably be more costly in the future and she felt the timing was right
to move forward at this time.
Deputy Mayor Gormally will
review comments made at the meeting and provide the Mayor with a revised
mission statement for the next meeting.
9. *RESOLUTIONS
R39-09 Animal Control
Contract
R40-09 Health Services Contract
R41-09 USA v Beckman Coulter et al
R42-09 Tonnage Grant
R43-09 Paris Grant
R44-09 Dispatch Agreement – Pulled by Councilman Jackson
R45-09 MDTS Agreement
R46-09 Payment of Bills
R47-09 Application to the Local Finance Board – Pulled by
Councilman Happer
R48-09 Water and Sewer Overpayment/ Berezny
R49-09 Refund of Property Taxes/Hadjiloucas
R50-09 Appropriation Transfer
R44-09 and 47-09 were tabled.
10. *MINUTES
January 5, 2009
Consent
Agenda Vote
|
Council Member |
By: |
2nd: |
Yes |
No |
Abstain |
Absent |
|
McWilliams |
|
|
X |
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Emr |
|
|
X |
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Jackson |
X |
|
X |
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Gormally |
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X |
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Happer |
|
X |
X |
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Wilson |
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X |
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Shaw |
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X |
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11. ATTORNEY’S REPORT – none
12. MANAGER’S REPORT
Update on well # 3
Mr. Tempesta said the
structure was finished and the pump installed. The wiring is now in
progress.
Mayor Shaw and Mr. Tempesta
met with Parsippany regarding shared services. Several
neighboring communities have
shown an interest in sharing municipal courts.
The Shade Tree Commission
has been awarded a grant from the DEP, Division of Parks and
Forestry, in the amount of
$25,000. The Commission will now have to submit detailed
information before receiving
the money.
Budget discussions will
begin at the next regular meeting of the Council.
Mr. Tempesta informed the
Council on expected areas of budget increases.
13. COUNCIL REPORTS
Appointments-Boards and Committees and
Commissions
Draft 2009 Council
Priorities
Motion
by Councilman Happer, second by Councilwoman Wilson, to adopt the 2009 Council
priorities list, with all members in favor signifying by “Aye.”
Motion
by Councilman Happer, second by Deputy Mayor Gormally, to appoint Pia Abate to
the Zoning Board of Adjustment as 2nd alternate with all members in
favor signifying by “Aye.”
Motion
by Councilman Jackson, second by Councilman Happer, to appoint Eileen Tomarchio
to the Historic Preservation Committee, with all members in favor signifying by
“Aye.”
Motion
by Deputy Mayor Gormally, second by Councilwoman Wilson, to appoint Arthur Muti
and Bronie Parkins to the 55 Plus Committee, with all members in favor
signifying by “Aye.”
Motion
by Councilwoman Wilson, second by Councilman Jackson to appoint Chris Stitt to the
Woodlands Committee with all members in favor signifying by “Aye.”
Appointment
of OEM Robert Tovo/Jan1, 2009 – December 31, 2011
The
appointment was held until Mr. Murphy could clarify the resident requirement.
Orientation
Meeting - January 31, 2009
Mayor
Shaw, Councilman Happer and Deputy Mayor Gormally will attend the meeting.
Councilman
Jackson said he had attended a HPC workshop with Joan Nix. He said the
Council
might want to consider making the Committee a Commission.
Motion
by Deputy Mayor Gormally, second by Councilwoman Wilson, to close the public
portion
of the meeting and return to Executive Session to discuss topics noted in
Resolution
51-09,
with all members in favor signifying by “Aye.”
Motion
by Deputy Mayor Gormally, second by Councilman Happer, to close the Executive
Session and return to
the public portion of the meeting, with all members in favor signifying by
“Aye.”
14. ADJOURNMENT
Motion by Deputy Mayor Gormally, second by
Councilman Happer, to adjourn the meeting at 10:36 p.m. with all members in
favor signifying by “Aye”.
*Consent Agenda
Attest:___________________________ _________________________
Christina Whitaker, Borough Clerk Stephen H. Shaw, Mayor