BOROUGH OF MOUNTAIN LAKES

June 27, 2011

7:30 p.m.

 

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 4, 2011 and posted in the municipal building.

 

Mayor Gormally called the meeting to order at 7:35 p.m.

 

2.         ATTENDANCE AND FLAG SALUTE

 

All Council members were present except for Councilman Jackson, who arrived at 7:37 p.m., and Deputy Mayor Happer, who arrived at 8:03 p.m. Also in attendance were James Bryce, attending for Borough Attorney Marty Murphy, Borough Manager Barry Lewis, 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:

 

·        PBA Negotiations

 

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 McWilliams, second by Councilman Holmberg, to close the public portion of the meeting and enter into Executive Session, with all members in favor signifying by “Aye”.

 

Motion by Councilman Holmberg, 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

 

Councilman Shaw reported that the floats for the Fourth of July fireworks had been built and would be put in the water on Thursday. He said that in recognition of the Borough’s Centennial, the Recreation Commission had come up with a different plan for the Fourth of July, shooting the fireworks from a barge in the middle of Mountain Lake and opening up Island Beach for public viewing. The Recreation Commission is still accepting donations to offset the cost of the fireworks display.

 

Councilman Holmberg congratulated the High School track team on a historic season. Vicky Allison was named Coach of the Year by the Daily Record, and Steven Lewandowski, a High School Junior, ran the fastest mile in school history.

 

 

5.         PUBLIC COMMENT

 

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

 

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

 

Charles Halpin – Morris Avenue

Mr. Halpin asked the Council to intervene and correct what are, in his opinion, two (2) serious flaws in the Cove Centennial Project, the location of the access steps at the west entrance and the material chosen to construct the steps. Mr. Halpin felt that the location of the steps posed a public safety issue. He also felt that the stone chosen to construct the steps would be problematic for boaters and skaters and the community would be better served if ipe wood was used instead. He felt that the issue of which material to use for constructing the steps had been raised at the November & February community meetings and that at those times the public had expressed that stone was not fit for this purpose.

 

David Shaw – Valley Road

Mr. Shaw reported that the west end of the Cove, which is the proposed location of one of the access points, doesn’t freeze to the same level as the rest of the Cove and he had safety concerns.

 

Barry Zawacki – Valley Road

Mr. Zawacki stated that stone is not practical for boaters and that ipe wood was a viable alternative for the construction of the steps. He felt that stone steps would create a hazard for young children.

 

Donald Bird – Morris Avenue

Dr. Bird endorsed the comments made by Mr. Halpin and Mr. Zawacki.

 

Eric Whitman – Valley Road

Mr. Whitman applauded the Council and the Committee for their efforts in developing a great idea for the improvement of the Cove and asked the Council to compromise on the aesthetics.

 

Jackie Bay – Morris Avenue

Ms. Bay expressed concern about the boating access. She thought her nine year old child might not be able to launch his/her own boat because sliding a boat across the stone steps into the water would be difficult.

 

Tom George – Point View Place

Mr. George lives on the Cove, and said that the ice is thinner in the western corner.

 

John Carrico – Raynold Road

Mr. Carrico said he appreciated the work being done, however, as a skater he has always stayed away from the left hand side (west end) of the Cove since the ice is always thinner.

 

Mayor Gormally gave Councilwoman Bravo, the Council liaison to the Cove Centennial Committee, the opportunity to address the concerns of the residents.

 

Councilwoman Bravo explained to the audience that it is very unusual for residents and/or the public to act in an advisory capacity on a capital project. Normally a capital project is overseen by the Borough Manager. However, due to the fact that this was a legacy project, a Cove Centennial Committee was formed, comprised of representatives from other Borough Committees, to provide community input to the Borough Manager.

 

Councilwoman Bravo stated that the Committee has vetted every issue thoroughly and thoughtfully at over thirty (30) meetings. Issues discussed included protecting the lake from runoff, protecting the lake and the neighbors’ properties from geese, aesthetics, educating the public about native plants and riparian buffers, and using natural materials and avoiding chemicals.  The Committee considered using wood to construct the steps; however, using pressure treated wood was not an option since the wood contains chemicals which would leach into the lake. There are two (2) active kayakers on the Committee and both felt the stone steps provided adequate access to the lake. Regarding access points, there was only one access point at the Cove before the project began. The project includes two access points at either end of the Cove, and there is the possibility that the Cove Overlook in the center could be used to access the lake.

 

Discussion ensued among the Council regarding the access point at the west entrance and the stone steps. The consensus of the Council was that residents have a choice as to where to enter the lake for water/ice related activities, and that the Committee has improved the access. Also, the stone steps will not be cemented in place and can be modified if they are shown to impede access.

 

Mayor Gormally addressed the audience and said he felt that the real issue to be addressed was the issue of process. He expressed his concern at last minute attempts to thwart a process that he said had been fully vetted. He stated that the Cove project began last year when the Council was soliciting ideas for a Centennial project. The Council seized on the Cove project, embracing a solution to deal with the riparian buffer and invasive plant species in the lake, as well as increasing access for passive enjoyment. The Cove was not intended to be a principal formal boat launch or a beach. Mayor Gormally felt that many voices had been heard throughout the course of the project, and that altering the plans at such a late date sent the wrong messages to volunteers and in fact could have an impact on volunteerism in the community.

 

Mayor Gormally opened the meeting again to public comment as there were a few audience members who wished to speak.

 

Charles Halpin – Morris Avenue

Mr. Halpin felt that the Cove Overlook could not be considered an access point to the Cove.

 

Laura Lee Carrico – Raynold Road

Ms. Carrico stated that ice hockey players block the east entrance to the Cove, and it is dangerous for small children to enter the ice at this location.

 

Eric Whitman – Vallely Road

Mr. Whitman said the reason people sit on the rocks to put on their ice skates, which is uncomfortable and unwieldy, is because there are no benches and wooden steps at the Cove.

 

David Shaw – Valley Road

Mr. Shaw asked about the timeline for the Cove project.

 

Mr. Lewis replied that landscaping would be done this week, followed by the installation of the benches and pillars, and then the curbing. Councilwoman Bravo said the Committee expected the project would be completed by mid-July.

 

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

 

 

6.         PUBLIC HEARING ON 2011 MUNICIPAL BUDGET

 

BE IT RESOLVED, by the Governing Body of the Borough of Mountain Lakes, County of Morris, that the Budget herein before set forth is hereby adopted and shall constitute an appropriation for the purposes stated of the sums therein set forth as appropriations, and authorization of the amount of $4,839,274.38 for municipal purposes.

 

Public Hearing

 

Mike Feigeles -  Boulevard

Mr. Feigeles thanked the Council very much for their hard work and said a zero percent (0%) increase was terrific. He asked about the line item regarding the reserve for paying unused time off to retirees, and was wondering if the $120,000 liability would increase.

 

Mr. Lewis said the liability would not continue to grow and in fact he hoped it would shrink as employees retired. Under prior Borough policy, certain employees were allowed to accumulate time off which is reimbursed at the time of retirement, but newer employees are not entitled to do so.

 

Councilman Shaw commented that he was very happy with the results of the budget but still troubled by the hiccups in the process, which will be reviewed by the Finance Committee. He said he will be interested in the auditor’s comments. Other members of the Council concurred.

 

Deputy Mayor Happer said zero percent (0%) was good but the process was clearly broken and needed to be a top priority next year for the Council and the Borough Manager. He also cautioned that a budget cannot be sustained on non-recurring revenue.

 

Mayor Gormally stated that a zero percent (0%) tax increase is a great result, and that the Council’s goal should be to introduce next year’s budget with the same increase but earlier in the year. He commented that the overall zero percent was only possible because the Board of Education produced a very fiscally contained budget as well. He talked about exploring shared services with vigor. Mr. Lewis has arranged an initial meeting with the Board of Education for early July to promote collaborative efforts between the Borough and the Board. Mayor Gormally said he felt that shared services between the two entities would produce the best results for the residents.

 

Councilman Shaw added that he was still waiting for detail to accompany the capital budget, as he felt this information would give a good sense of the how departments within the Borough are operating.

 

Council Member

By:

2nd:

Yes

No

Abstain

Absent

McWilliams

 

 

X

 

 

 

Holmberg

 

 

X

 

 

 

Jackson

 

 

X

 

 

 

Bravo

 

X

X

 

 

 

Shaw

X

 

X

 

 

 

Happer

 

 

X

 

 

 

Gormally

 

 

X

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

7.         ORDINANCES

 

03-11

AN ORDINANCE AMENDING THE CODE OF THE BOROUGH OF MOUNTAIN LAKES AND ADOPTING CERTAIN REGULATIONS REQUIRED BY THE NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION IN CONNECTION WITH THE DEPARTMENT’S WATER QUALITY MANAGEMENT PLANNING RULES.

 

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

Public Hearing

 

Council Member

By:

2nd

Yes

No

Abstain

Absent

By

2nd

Yes

No

Abstain

Absent

McWilliams

 

 

X

 

 

 

 

 

X

 

 

 

Holmberg

 

 

 

 

 

X

 

 

X

 

 

 

Jackson

 

X

X

 

 

 

 

 

X

 

 

 

Bravo

X

 

X

 

 

 

 

 

X

 

 

 

Shaw

 

 

X

 

 

 

X

 

X

 

 

 

Happer

 

 

X

 

 

 

 

X

X

 

 

 

Gormally

 

 

X

 

 

 

 

 

X

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

04-11

AN ORDINANCE ACCEPTING THE CONVEYANCE OF PROPERTY FROM GEORGE JACKSON AND MARGARET JACKSON TO THE BOROUGH OF MOUNTAIN LAKES (PORTION OF BLOCK 53, LOT 39)

 

Following introduction, the above ordinance will be published in accordance with the law and a public hearing will be held on July 25, 2011.

 

Mayor Gormally explained that this was a conservation easement and nice gesture by the Jacksons to preserve land at no cost to the municipality. Mr. Bryce commented that the ordinance was an interest in property and as such the property would be maintained in its current condition.

 

 

Council Member

By:

2nd

Yes

No

Abstain

Absent

By

2nd

Yes

No

Abstain

Absent

McWilliams

 

 

X

 

 

 

 

 

 

 

 

 

Holmberg

X

 

X

 

 

 

 

 

 

 

 

 

Jackson

 

 

 

 

X

 

 

 

 

 

 

 

Bravo

 

 

X

 

 

 

 

 

 

 

 

 

Shaw

 

 

X

 

 

 

 

 

 

 

 

 

Happer

 

X

X

 

 

 

 

 

 

 

 

 

Gormally

 

 

X

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

05-11

AN ORDINANCE AMENDING CHAPTER 111 OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF MOUNTAIN LAKES ENTITLED “FEES

 

Following introduction, the above ordinance will be published in accordance with the law and a public hearing will be held on July 25, 2011.

 

Mr. Lewis explained that this ordinance would increase the fees for residential water meters and ensure that the Borough was not losing money. The biggest changes would be a $20.00 fee for special meter readings, currently done at no cost, and the charge for a new water meter would rise from $200 to $250. The new meters can be read remotely.

 

Council Member

By:

2nd

Yes

No

Abstain

Absent

By

2nd

Yes

No

Abstain

Absent

McWilliams

X

 

X

 

 

 

 

 

 

 

 

 

Holmberg

 

 

X

 

 

 

 

 

 

 

 

 

Jackson

 

 

X

 

 

 

 

 

 

 

 

 

Bravo

 

 

X

 

 

 

 

 

 

 

 

 

Shaw

 

X

X

 

 

 

 

 

 

 

 

 

Happer

 

 

X

 

 

 

 

 

 

 

 

 

Gormally

 

 

X

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

8.         *RESOLUTION

            R 85 – Liquor License Renewal

            R 86 – Payment of Bills

            R 87 – Refund of Bond/Buckley

 

9.         *MINUTES

            June 13, 2011 Executive

            June 13, 2011 Regular

 

            *CONSENT AGENDA

 

Councilman Holmberg inquired about the minutes being more specific regarding the direction given to the Borough Manager by the Council. Mayor Gormally said these were good suggestions and the Council should dedicate time to offer comments and directions to Mr. Lewis.  

 

Councilman Holmberg inquired a site line issue at the intersection of Hanover and Glen Roads. In addition, he said the new four-way stop sign at the intersection of Beechway and Melrose Roads needed to be adopted in the Borough’s stop sign ordinance.

 

Councilman Shaw and Councilman Jackson presented minor changes to the minutes.

 

Deputy Mayor Happer questioned the payment to Anderson & Denzler. Mr. Lewis replied that this amount covered the cost for the Cove project, Morris Avenue resurfacing, and stormwater projects. He said some of the cost would be allocated to the specific capital projects and he would review the invoices again to make that determination.

 

Councilman Shaw inquired about the payment to Belson Outdoors, and Mr. Lewis explained that this was for a replacement of equipment at Island Beach. Mr. Lewis also replied to questions from Councilman McWilliams about the payment for special DWI court sessions, and said the Borough would be receiving grant monies to offset these costs.

 

 

 

Council Member

By:

2nd:

Yes

No

Abstain

Absent

McWilliams

 

 

X

 

 

 

Holmberg

 

 

X

 

 

 

Jackson

 

 

   X**

 

X**

 

Bravo

 

X

X

 

 

 

Shaw

X

 

X

 

 

 

Happer

 

 

X

 

 

 

Gormally

 

 

X

 

 

 

 

 

 

 

 

 

 

 

 

 

 

           

**Councilman Jackson abstained from voting on the June 13, 2011 Executive Minutes

 

10.       ATTORNEY REPORT

 

Mr. Bryce had nothing to report.

 

11.       MANAGER REPORT

 

Mr. Lewis announced the Borough’s receipt of a $261,000 grant from the Morris County Historic Preservation Commission towards the Lake Drive School roofing project. This project is a shared service with the Board of Education, who will be supplying the required matching fund amount of twenty percent (20%). Mr. Lewis said the receipt of the grant meant a big benefit for the taxpayers, and the project would be completed in the summer of 2012.

 

Mr. Lewis said he and Borough Engineer Bill Ryden would again be applying for a Department of Transportation Local Aid Grant and hoped to be successful in that endeavor.

 

Mr. Lewis and DPW Director Mark Prusina completed a driving tour of the Borough during which repairs and improvements were noted. Mr. Lewis said he obtained a firm commitment from Mr. Prusina that DPW resources will be devoted to accomplishing these tasks after the Fourth of July, especially the necessary maintenance and replacement of street signs. Replacement signs will be retro-reflective. Councilman Holmberg asked about the process of assessing the Borough’s infrastructure. Mr. Lewis responded that his goal was to be proactive and not reactive. He is researching commercially available software products as a long term solution to the DPW’s ability to monitor and track outstanding projects, maintain historic data, streamline and enhance department reports, and offer DPW employees more organization and order.  

 

Councilman Holmberg asked that the Council review the goal sets in January at the July meeting.

 

Councilman Jackson asked Mr. Lewis to follow up on the preschool issue at the Wilson School.

 

Councilman Happer inquired about the compliance issues regarding the two properties on Route 46. Mr. Lewis responded that one property had responded and had cleared up the property maintenance issues. The other property was given a notice with a fourteen (14) day abatement and Mr. Lewis thought the Zoning Officer would be issuing a summons.

 

Councilman McWilliams spoke about visibility hazards on the walking path along the Boulevard due to the overgrowth of bushes and trees. He also reminded the Council about the placement of a crosswalk on the Boulevard at Glen Road. New crosswalks and the repainting of existing crosswalks are a Council goal for 2011.

 

Councilman McWilliams commented that the public calendar section of the Borough’s website was abysmal. Councilman Holmberg said that the Chairman of the Web Committee would be presenting a report to the Council at the next meeting.

 

Councilman Shaw brought up the property maintenance violations at the house damaged by fire on Intervale Road. The Borough’s Historic Preservation Committee (HPC) had approached the owner about the possibility of purchasing this historic home. Councilman Shaw thought the owner was still waiting for the HPC’s decision. Councilwoman Bravo said she would contact Mr.  Tom Dagger, chair of the HPC, and ask him to communicate the HPC’s decision to the homeowner. Mr. Lewis said the owner has been fairly responsive to property maintenance concerns but the issue is the impact the uninhabitable house has on the neighbors. There was some discussion among the Council in reference to increasing the hours of the Zoning Officer, and Mr. Lewis said he was waiting until the budget passed and then he would be considering increasing the number of field hours.

 

12.       COUNCIL REPORTS

 

Woodlands Committee – Deputy Mayor Happer said that the Woodlands Committee had come up with a list of trees that would survive in the environment in Mountain Lakes. Ms. Reilly gave the Council an update on her meeting with Jerry Uhrig and Amy Schweitzer from the New Jersey Division of Fish and Wildlife concerning beavers. The Borough will be working with the Division in the fall to secure a trapper in response to the property damage done at Birchwood Lake by the beaver population.

 

Councilman Jackson reported that Park Lakes Tennis Club had a successful Centennial celebration. Councilman McWilliams said that the sailing association is having its function on July 2nd.

 

Planning Board – Mayor Gormally said that a substantial soil moving permit had been approved by the Planning Board. Also, the Board was finalizing the Master Plan document. Finally, the Board was discussing the redevelopment zone along Route 46. This is a compromised area because of the railroad and the wetlands. The Planning Board is waiting for a report from their attorney.

 

Centennial Committee – Councilman McWilliams said the Committee was taking a break for the summer. The next big event is the Taste of Mountain Lakes in September.

 

Recreation Commission – Councilman McWilliams reported that there was a successful roundtable meeting between the Commission and many different sports clubs last month.

 

13.       PUBLIC COMMENT

 

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

 

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

 

14.       ADJOURNMENT at 9:58 p.m.

            Motion by Councilman McWilliams, second by Councilwoman Bravo, to adjourn the meeting at 9:58 p.m., with all members in favor signifying by “Aye”.

 

            Attest: June 27, 2011

 

 

 

_____________________________                          _____________________________

Michele Reilly, Executive Assistant                             Charles X. Gormally, Mayor