BOROUGH OF MOUNTAIN LAKES COUNCIL MEETING

MONDAY, MARCH 22, 2010

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 5, 2010 and posted in the municipal building.

       Mayor Bravo called the meeting to order at 7:30 p.m.

2.  ATTENDANCE AND FLAG SALUTE

All Council members were present except for Councilman Jackson and Councilwoman Emr, who both arrived at 7:33. Deputy Mayor Gormally was absent. Also in attendance were Borough Attorney Marty Murphy, Borough Manager Barry Lewis, Jr., and Executive Assistant Michele Reilly.

3.  EXECUTIVE SESSION

Resolution

                 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:

· Personnel

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

Motion by Councilman McWilliams, second by Councilman Shaw, 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 Bravo reminded residents to complete their United States Census forms.

Mayor Bravo also mentioned that the McDowell Club had recently honored the Mountain Lakes Women’s Club.

Mayor Bravo thanked the Police Department, the Fire Department, the DPW, the Manager, and everyone else who helped out with the big storm.

Mayor Bravo reminded residents that this Friday, March 26^th, was the deadline for submitting nominations for the Janice Hunts and Citizen of the Year awards. In response to questions from the Council, Mayor Bravo said there are no nominees at this point. She will get additional information out to the Council, and a Council subcommittee will review nominations.

5.   PUBLIC COMMENT

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

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

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

6. ORDINANCES

02-10

ORDINANCE AMENDING CHAPTER 245 OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF MOUNTAIN LAKES TO CREATE THE POSITION OF MUNICIPAL HOUSING LIAISON AND ESTABLISH THE DUTIES AND RESPONSIBILITIES THEREFORE.

Following introduction, the above ordinance will be published in accordance with the law and a public hearing will be held on April 12, 2010.

Before the introduction vote, Councilman Jackson mentioned that he thought this position had already been created. Mr. Lewis answered that COAH required this position be created by ordinance, which had not been done, and then a Council appointment could take place. Mr. Lewis indicated that he would probably be appointed as the Municipal Housing Liaison, with most of the work delegated to the Housing Partnership. Mayor Bravo said Mr.  Lewis’s role will be to make sure the Housing Partnership fulfills its obligations.

Councilman Happer asked for clarification regarding Section 3-F, #5-B. Mr. Lewis explained there were certain deed restrictions and homeowners could only resell properties within certain parameters. He also asked if there were any inconsistent ordinances as stated in Section 5, and Mr. Lewis replied no.

Council Member

By:

2^nd

Yes

No

Abstain

Absent

By

2nd

Yes

No

Abstain

Absent

McWilliams

X

X

Emr

X

Jackson

X

Gormally

X

Happer

X

Shaw

X

X

Bravo

X

03-10

ORDINANCE AMENDING CHAPTER 111 OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF MOUNTAIN LAKES TO AMEND TRASH DAY FEES

Following introduction, the above ordinance will be published in accordance with the law and a public hearing will be held on April 12, 2010.

Before the introduction vote, Councilman Happer asked Mr. Lewis why this ordinance was being introduced and how the new pricing had been determined. Mr. Lewis explained that the current fee schedule needed clarification and was problematic; the goal of the new ordinance was to simplify the fee structure. The new fees weren’t really intended to generate more revenue. Councilman Shaw asked if revenue had been reviewed, and Mr. Lewis said it had. Generally, the Borough subsidizes trash day. Councilman Happer asked about tipping fees and Mr. Lewis said the Borough pays by the ton. There was some discussion regarding the benefits of using the County transfer station, which is less expensive and available to residents throughout the year. Trash days this spring will be April 23 and April 24^th.

Council Member

By:

2^nd

Yes

No

Abstain

Absent

By

2nd

Yes

No

Abstain

Absent

McWilliams

X

Emr

X

Jackson

X

Gormally

X

Happer

X

X

Shaw

X

X

Bravo

X

7. *RESOLUTIONS

R 61-10 Reduction in Performance Bond/Weber Homes

      R 62-10 Lien Redemption

      R 63-10 Payment of Bills

 8. *MINUTES

      March 8, 2010

Before the Consent Agenda vote, Councilman Jackson asked that Resolution 61-10 be pulled. Councilwoman Emr had updates to the minutes regarding the Shade Tree Commission appointments. Laura Conner had resigned as a member but had been reappointed as an alternate. Councilwoman Emr asked Mr. Lewis why the lien redemption was a resolution, and Mr. Lewis said this was required by law. Councilman Happer had a question on the payment to No Fault Sports, and Mr. Lewis was going to look into this.

Council Member	By:	2^nd	Yes	No	Abstain	Absent
McWilliams			X
Emr			X
Jackson			X
Gormally						X
Happer		X	X
Shaw	X		X
Bravo			X

Consent Agenda minus Resolution 61-10

Councilman Jackson requested clarification regarding the Resolution. He said he wanted to make sure the Resolution only affected the infrastructure and improvements, and did not include the construction of the units. Mr. Murphy said the reduction was based on the bond estimate. Mr. Lewis said the Resolution applied to site improvements only. Councilman Happer asked if the property would ever be using Borough water. Councilman Jackson replied the property would only be using Borough sewers. Councilman Shaw said the Town of Boonton would be supplying water to the property.

R 61-10 Reduction in Performance Bond/Weber Homes

Council Member	By:	2^nd	Yes	No	Abstain	Absent
McWilliams			X
Emr			X
Jackson	X		X
Gormally						X
Happer			X
Shaw		X	X
Bravo			X

9.   ATTORNEY’S REPORT

Mr. Murphy had no report.

10.    MANAGER’S REPORT

Mr. Lewis said Mayor Bravo received a request from the Mayor of Boonton regarding the DEP’s proposed cuts to their water supply allocation. The Town of Boonton does not want their allocation to be reduced and is soliciting support from neighboring towns. Councilman Jackson said the Borough should show support for Boonton because the DEP may want to cut the Borough’s allocation as well. Mr. Lewis said the DEP perceives Boonton has excess capacity. Mayor Bravo said she would email a letter to the Council for review.

      2010 Budget Update

Mr. Lewis advised that the Borough’s state aid had been reduced by $127,833. The decrease in state aid would mean an increase in the overall tax levy of 4.49%, if the originally proposed budget remained constant. This would equate to a 4.04% increase in the tax rate. Mr. Lewis said that, in reviewing the budget, he kept the mindset that the Borough would continue to deliver current services. He felt confident he could get the tax rate increase back below 2% and maintain the current level of services. This would equate to an increase of $64 for the average home owner. To lower the tax rate any more than that would require policy decisions on the part of the Council regarding cutting services or laying off employees.

Mayor Bravo pointed out that Mountain Lakes could lose an additional 5% of state aid if the Borough is unable to demonstrate how services are being provided, shared services, and best practices. Mayor Bravo said the Manager needs direction from the Council as to how close the budget should be to the original 1.35% increase in the tax rate.

Mr. Lewis said the budget is still a work in progress. He is going line by line through the budget with an eye towards being responsible yet still delivering the services expected by the residents. Mr. Lewis reported the original projected budget assumed state aid stayed even. Mayor Bravo asked how much of the $127,000 lost could be recovered, and Mr. Lewis said about $90,000.

There was much discussion among the Council regarding what the tax rate should be. The consensus was that there would be no introduction of the budget on April 12^th, but the proposed introduction would be April 26^th. Mr. Lewis would provide the Council with a revised budget, highlighting the reductions, by the end of the week.

Councilman Jackson asked for an update on the joint court. Mr. Lewis said today’s conference call was rescheduled. However, the Borough’s Court Administrator is working with the AOC and the May 1^st start date is firm.

Councilwoman Emr asked Mr. Lewis about his trip to the Romine house. Mr. Lewis said the Historic Preservation Committee (HPC) has expressed an interest in acquiring and preserving the house. He has had contact with the owner, Mr. Zorlas, who is willing to meet and discuss this. Since the HPC wanted to see if the house was restorable, a tour was arranged and the HPC was afforded the opportunity to view the property. Mr. Lewis said Joan Nix is in contact with the State HPC regarding the criteria a building would have to possess in order to be eligible for grant money. 

11. COUNCIL REPORTS

Historic Preservation – Councilman McWilliams said the HPC had a long discussion regarding pillars and where to place them. Councilman Jackson inquired about placing the pillars right off of Route 46.

Centennial Committee – Councilman McWilliams said the Centennial Committee met this morning and was refining ideas for the banners and kickoff events. Mayor Bravo said the Centennial Committee will be coming back to the council with different options regarding the banners and the Centennial project.

Health Commission – Councilman McWilliams said there was much discussion about geese at the last meeting. The consensus of the Health Commission was that more diligence was necessary to keep the beaches cleaner of geese feces, and to see the impact this may have on high fecal coliform counts.  Councilwoman Emr said there was years of correlation between geese and high fecal coliform counts.

Traffic & Safety – Councilwoman Emr said Chief Tovo introduced a new plan, a shuttle bus, to combat the parking problem on Lake Drive. Other alternatives include no parking on Lake Drive at certain times, which could affect the Mountain Lakes Club. Councilman Jackson suggested approaching the Community Church regarding parking in their lot, which Councilwoman Emr agreed was a good suggestion.

Planning Board – Councilman Jackson said there was a meeting coming up this week.

Lakes Management – Councilman Jackson said the majority of the last meeting concerned the Lakes Management vendor contract.

Woodlands – Councilman Jackson said he had learned a lot of new facts about counting frogs and tracking bears.

Public Safety – Councilman Happer said the committee met for two hours and worked on developing a mission statement. Basically, the goal of the committee is to enhance communication with the Police Department, as well as to maintain an oversight of important safety matters within the Borough. Councilman Happer said Police morale is good, and that the County dispatch keeps getting better. The new court may result in a decrease in police court overtime, since the court will be run during the daytime only. Discussion ensued regarding which groups might be included in the Public Safety meetings, such as the Fire Department or Boonton Kiwanis Ambulance Squad. Councilman Jackson asked about Emergency Management Meetings, and Mr. Lewis said there had not been one since he started here. Mayor Bravo said it was important to schedule an Emergency Management meeting.

Recreation – Councilman Shaw said the meeting was rescheduled.

Mayor Bravo said the Council needed to appoint members to the Environmental Commission. On motion by Councilman McWilliams, second by Councilwoman Emr, Margaret Gossett and John Horan were appointed to the Environmental Commission.

Mayor Bravo mentioned there were still appointments left for the Recreation and Woodlands Committee.

12. ADJOURNMENT at 9:25 p.m.

On motion by Councilman Shaw, second by Councilman McWilliams, the meeting was adjourned at 9:25 p.m.

*Consent Agenda

Attest:___________________________                       ________________________

                  Michele Reilly, Executive Assistant                      Blair Bravo, Mayor