BOROUGH OF MOUNTAIN LAKES COUNCIL MEETING

MONDAY, APRIL 13, 2009

7:30 p.m.

 

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 Members of the Council were present except for Councilwoman Ellen Emr because ofillness. Deputy Mayor Gormally arrived at 7:35 p.m.

Also in attendance were Borough Attorney Marty Murphy, Borough Manager Joe Tempesta, and Borough Clerk Christina Whitaker.

 

3.     EXECUTIVE SESSION

                 Resolution 65-09

 

                 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:

                

·        Shared Services – Contract Negotiations

·        Attorney – Client Privilege / Settlement – Trash Bag Agreement

·        Pending Litigation/Sharkey’s Land Fill

 

                        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.

 

Motion by Councilwoman Wilson, second by Councilman Happer, to enter into Executive Session with all members in favor signifying by “Aye.”

 

     Motion by Councilwoman Wilson, second by Councilman McWilliams, to close the Executive

     Session and return to the public portion of the meeting with all members in favor

     signifying by “Aye.” 

                                                                                                           

4. COMMUNITY ANNOUNCEMENTS

Mayor Shaw welcomed back the Borough Clerk who had been out for several weeks

recovering from knee surgery.

 The Easter egg hunt was held on April 5 and was well attended. The Mayor thanked the Recreation Director Celia Flynn and DPW workers who helped with the event.

 The Trout Derby is scheduled for April 18 at Birchwood Lake. Stocking of the lake will be on

 April 17.

 The Little League parade will start at 10 a.m. on April 18.

 The Fire Department will hold its annual pancake breakfast on Sunday, April 19 from

 9 a.m. through 12:30 p.m.

 Mayor Shaw informed the Council that a letter was received from the Staniscis thanking everyone who helped them after a fire started in their townhouse basement. The fire was the result of a power surge. While the fire caused a great deal of damage, the family said the efforts of those who responded helped make it possible for them to rebuild their home.

 The Fire Department responded to another fire on Easter Sunday at a Maple Way

 residence. The inside of the home was completely destroyed, but the family was able to get

 out of the home without injuries.  The Mayor thanked all mutual aid fire departments that

responded and  Councilman McWilliams for assisting the homeowners on the scene.

 

 5. SPECIAL PRESENTATION

Sustainable New Jersey – Louise Davis

 Ms. Davis explained why Sustainable New Jersey was created. It is a certification program for municipalities that want to go green, control costs, save money, and maintain their quality of life over the long term.

  In order to become Sustainable Jersey Certified, municipalities must complete and document specific actions taken from a list provided in the program. Each action is assigned points. Once a municipality has collected 100 points it will receive certification, which is good for three years. Those municipalities that receive certification can gain access to grants and program funding.

Companies backing the program include GR Dodge Foundation, NJ Natural Gas, PSE&G

and Covanta Energy.

Ms. Davis said along with the guidance and tools to enable communities to make progress,

educational workshops are offered. 

 

Mayor Shaw thanked Ms. Davis for coming to the meeting and said the Council will discuss

possible action at the next meeting.

 

Shared Services Citizen Task Force Update – Peter Holmberg

 Mr. Holmberg updated the Council on the committee’s progress. The nine (9) member

 committee has been gathering information for the last couple of months. It has established a

 time line that will continue through June. The next stage is scenario planning,

 followed by public awareness and education. Once the public is made aware that their

 opinion is valued, a survey will be sent out to the community. The Task Force will compile

 the results of the survey and report back the findings to the Council.  

 Mr. Holmberg said the biggest challenge of the committee is to refrain from coming up with

 its own solutions.

 

6. PUBLIC COMMENT

   Mayor Shaw explained the Council’s policy of limiting each speaker to five (5) minutes and no yielding of time to another person.

 

Mayor Shaw opened the public comment portion of the meeting with the consent of the Council.

    

        With no one wishing to be heard, Mayor Shaw closed the public comment portion of

         the meeting.

 

7.  ORDINANCES

03-09

ORDINANCE AMENDING CHAPTER 111 OF THE REVISED GENERAL  

ORDINANCES OF THE BOROUGH OF MOUNTAIN LAKES AND AMENDING

THE SEWER RATES

      If adopted this ordinance shall take effect after publication and passage as provided by

      law.    PUBLIC HEARING 

 

     Mayor Shaw opened the public hearing.

     With no one wishing to be heard, Mayor Shaw closed the public hearing.

 

     Motion by Councilwoman Wilson, second by Councilman Happer, to adopt ordinance 03-09.

     Roll Call Vote.

Council Member

By:

2nd

Yes

No

Abstain

Absent

By

2nd

Yes

No

Abstain

Absent

McWilliams

 

 

X

 

 

 

 

 

X

 

 

 

Emr

 

 

X

 

 

 

 

 

 

 

 

X

Jackson

 

 

X

 

 

 

 

 

X

 

 

 

Gormally

 

 

X

 

 

 

 

 

X

 

 

 

Happer

X

 

X

 

 

 

 

X

X

 

 

 

Wilson

 

X

X

 

 

 

X

 

X

 

 

 

Shaw

 

 

 

 

 

X

 

 

X

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

04-09

ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK (N.J.S.A. 40A: 4-45.14

Following introduction, the above ordinance will be published in accordance with the law

and a public hearing will be held on April 27, 2009.

 

Motion by Councilwoman Wilson, second by Councilman McWilliams, to introduce ordinance 04-09. Roll Call Vote.

 

Council Member

By:

2nd

Yes

No

Abstain

Absent

By

2nd

Yes

No

Abstain

Absent

McWilliams

 

X

X

 

 

 

 

 

 

 

 

 

Emr

 

 

 

 

 

X

 

 

 

 

 

 

Jackson

 

 

X

 

 

 

 

 

 

 

 

 

Gormally

 

 

X

 

 

 

 

 

 

 

 

 

Happer

X

 

X

 

 

 

 

 

 

 

 

 

Wilson

 

 

X

 

 

 

 

 

 

 

 

 

Shaw

 

 

X

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

8. INTRODUCTION OF 2009 BUDGET

Mr. Tempesta noted that this year’s tax levy increase is the second lowest increase in the last 10 years amounting to 3.93%.  The figure represents an increase to the average taxpayer of $117 for the tax year or approximately $9.50 a month.

 

Councilman Jackson recommended that Mr. Tempesta reconsider hiring two new police officers to replace the ones retiring this year. He suggested the police change their operation procedure in regard to police coverage, particularly during evening and early morning hours.

 

Councilman McWilliams said he was not sure Council members were qualified to tell the Police Chief how to operate his department. He was also concerned that failure to replace the officers would result in additional overtime.

 

The capital spending plan will be presented at the April 27 meeting.

 

The Borough Clerk read the following into the record:

 

Be it Resolved that the following statements of revenues and appropriations shall constitute the Municipal Budget for the year 2009,

Be it Further Resolved that said budget be published in the Daily Record in the issue of April 23, 2009,

The Governing Body of the Borough of Mountain Lakes does hereby approve the following as the Budget for the year 2009.

 

Motion by Councilman Jackson, second by Deputy Mayor Gormally, to introduce the 2009 Budget. Roll Call Vote

Council Member

By:

2nd:

Yes

No

Abstain

Absent

McWilliams

 

 

X

 

 

 

Emr

 

 

 

 

 

X

Jackson

X

 

X

 

 

 

Gormally

 

X

X

 

 

 

Happer

 

 

X

 

 

 

Wilson

 

 

X

 

 

 

Shaw

 

 

X

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Notice is Hereby Given That the Budget and Tax Resolution was approved by the Governing Body of the Borough of Mountain Lakes, County of Morris on April 13, 2009

A hearing on the Budget and Tax Resolution will be held at Borough Hall on May 11 2009 at 8 p.m. or soon thereafter at which time and place objections to said Budget and Tax resolution for the year 2009 may be presented by taxpayers or other interested persons.

 

9.   *RESOLUTIONS

 R 62-09 Fibertech

 R 63-09 Redemption of Tax Title

         R 64-09 Payment of Bills 

 

 10.  *MINUTES

         March 23, 2009 – Regular

         March 23, 2009 – Executive

 

11. *DEPARTMENT REPORTS

A.     Health Officer

B.     Construction Official

C.    Fire Department

D.    Clerk

E.     DPW

 

                     Consent Agenda Vote

Council Member

By:

2nd:

Yes

No

Abstain

Absent

McWilliams

 

 

X

 

 

 

Emr

 

 

 

 

 

X

Jackson

 

 

X

 

 

 

Gormally

X

 

X

 

 

 

Happer

 

 

X

 

 

 

Wilson

 

X

X

 

 

 

Shaw

 

 

X

 

 

 

 

 

 

 

 

 

 

 

 

 

      

     

    

     12. ATTORNEY’S REPORT

     Motion by Councilman McWilliams, second by Councilman Happer to authorize Mr. Murphy

     to file an appearance in the Sharkey’s Landfill litigation and work out an agreement with the

     municipal joint defense group representing other municipalities involved in the case, with all

     members in favor signifying by “Aye.””

 

     13. MANAGER’S REPORT

Borough Engineer Bill Ryden and DPW Director Mark Prusina will be inspecting the new sidewalks from Glen Road to Powerville Road later this week. Mr. Tempesta said he hoped to receive a cost proposal from the contractor for the last section of sidewalk from Wilcox Drive to Morris Avenue.

Mr. Tempesta reported that the permits for lake treatments have been received.

Mr. Tempesta said that the leak at Wildwood dam has subsided and the level of the lake is rising.  Mr. Prusina, Mr. Ryden, and he would be meeting with Converse Consultants to redevelop the bid specifications for a new prototype to serve as a model for all the Borough dams. The new system would modify the present board system but still allow proper monitoring of the lakes’ levels.

 

Councilwoman Wilson noted that the streetlights were out again at the train station. Mr. Tempesta will look into the matter.

 

14. COUNCIL REPORTS

The Lakes Management Committee has been discussing lake treatment issues.

 

The Finance Advisory Committee has reviewed the proposed municipal budget.

 

Councilman Jackson said the Historic Preservation Committee would like to be part of the discussion on the vacation of paper roads in the Borough and is concerned about the preservation of existing historic structures. Councilman Jackson will draft a discussion item on the issue and provide a model ordinance at a future meeting.

 

Mayor Shaw informed the Council that Planning and Zoning Board Administrator Marge Jackson had retired. A new administrator has been hired.

 

Rainer Mimberg has resigned from the Planning Board. The Mayor asked for names for his replacement.

 

The Planning Board continues to work on the Master Plan and will be making recommendations to the Council.

Mr. Ryden will continue to work with Borough Planner Susan Kimball and the COAH/Highlands committee on the COAH/Highland issues. The Borough has been awarded the $50,000 planning grant and the committee is waiting for module 2.

 

Centennial Committee

Mayor Shaw offered a list of names to be considered as members of the Centennial Committee.

Deputy Mayor Gormally said policy issues by the Council needed to be made first before giving the new committee direction.  The majority of council members felt that the already approved mission statement provided sufficient initial direction.

The make up of the committee will be discussed at the next meeting.

 

Future Agenda Items

Several items were discussed and added to the future agenda list.

 

Committee Minutes

Mayor Shaw said the liaisons to the committees/commissions needed to remind the chairs that minutes of their meetings should be sent to the Borough Clerk, preferably electronically. The Clerk will then forward them to Council members.

 

The Council discussed e-mail addresses that will be used in the push-mail system. 

 

Motion by Councilman Jackson to revisit the decision made by Council at the last meeting regarding the recipients of this year’s “Citizen of the Year” and “Janice Hunts Award.”

The motion died for lack of a second. 

 

15. ADJOURNMENT

Motion by Deputy Mayor Gormally, second by Councilman Happer to adjourn the meeting at 10:05 p.m., with all members in favor signifying by “Aye.”

 

*Consent Agenda

          

Attest:

 

___________________________                            _____________________

Christina Whitaker, Clerk                                          Stephen H. Shaw, Mayor