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