BOROUGH OF MOUNTAIN LAKES
October 24, 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 7:31 p.m.
2. ATTENDANCE AND FLAG SALUTE
All Council members were present except for Councilwoman Bravo and Councilman Holmberg, who were absent. Also in attendance were Borough Attorney Marty Murphy, Acting Borough Manager Robert Tovo, 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:
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 Jackson, second by Councilman Shaw, to enter into Executive Session, amended to include:
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 Gormally reported a very good turnout for the annual Spirit 5K. He also reported that the UN Weekend, which was celebrating its fiftieth (50th) anniversary, had held its closing ceremonies. Approximately 30 students participated in this event.
Mayor Gormally attended the Cove Dedication on October 15th, along with other Council members.
Deputy Mayor Happer reported that the DPW’s semi-annual clean-up weekend had been successful, and Councilman McWilliams said that included the shredding event.
Councilman Jackson reminded the Council and public that “Laker Voices” the play sponsored by the Centennial Committee about the history of Mountain Lakes, would be held this weekend.
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.
Fred Kanter – Hanover Road
Mr. Kanter said he had received a reply from the Department of Transportation and his previous statement regarding the Borough not being entitled to pick the color of the street signs was incorrect. He spoke about Mr. Murphy’s comments at the last meeting regarding the tree ordinance and the tying of ribbons on trees. He took issue with the riparian buffer installed at Cove Park and feels that there is less of a buffer now.
Nicole Wright – Crane Road
Ms. Wright thanked the Council for the Cove Park project. She felt that the Cove was previously an eyesore and was enthusiastic that the project included removing invasive plants and using native plants. She felt her family’s use of the Cove has increased.
With no one else wishing to be heard, Mayor Gormally closed the public comment portion of the meeting.
6. ORDINANCE 07-11
ORDINANCE AMENDING CHAPTER 40 OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF MOUNTAIN LAKES AND PROVIDING THAT THE LAND USE ORDINANCE MAY BE ENFORCED BY AN OFFICER OR EMPLOYEE DESIGNATED BY THE BOROUGH MANAGER
Follow introduction, the above ordinance will be published in accordance with the law and a public hearing will be held on November 14, 2011.
Mr. Tovo said the first goal of this ordinance was compliance and that the Borough would like to avoid issuing a summons if at all possible. Regarding enforcement, the Zoning Officer only has office hours one day a week and has had to spend most of his time in the office on complex issues. Many zoning issues can also fall under the purview of the Police Department. Passage of this ordinance would, in his opinion, deliver a better product to the public and correct some of the current deficiencies. Mr. Murphy told the Council that most new ordinances are written to include a broader range of individuals with enforcement ability.
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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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X |
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Holmberg |
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X |
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X |
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Jackson |
X |
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X |
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X |
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Bravo |
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X |
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X |
X |
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Shaw |
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X |
X |
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X |
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X |
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Happer |
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X |
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X |
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Gormally |
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X |
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X |
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7. *RESOLUTIONS
R 119 – Application for NJ Firemen’s Association
R 120 – Refund Tax Overpayment
R 121 – Payment of Bills
8. *MINUTES
October 11, 2011 Regular
October 11, 2011 Executive
Prior to the roll call vote, Councilman Jackson asked that Resolution 120-11, Refund Tax Overpayment (Perler/Isenberg), be pulled from the Consent Agenda pending further clarification from Rick DelGuercio, Tax Assessor.
Deputy Mayor Happer and Councilman Jackson presented non-substantive changes to the minutes.
*CONSENT AGENDA
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Council Member |
By: |
2nd: |
Yes |
No |
Abstain |
Absent |
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McWilliams |
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X |
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Holmberg |
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X |
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Jackson |
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X |
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Bravo |
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X |
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Shaw |
X |
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X |
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Happer |
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X |
X |
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Gormally |
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X |
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9. ATTORNEY REPORT
Mr. Murphy had nothing to report.
10. MANAGER REPORT
Mr. Tovo reported a recent meeting with The Chadler Group, the Borough’s insurance representative for the JIF, regarding better rates and coverage for the Mountain Lakes Public Library, which will take effect January 1, 2012. The Council was pleased to hear that the Library would now be included under the JIF.
Mr. Tovo said that Bentlee’s is now under contract and the current owner expects settlement by the end of 2011. They complied with the recent request by the Borough regarding property maintenance, and he expects they will continue to maintain their property in anticipation of the sale. To date there has been no transfer of the liquor license.
The Borough’s payroll company, Balance Point, will start making Federal and State Tax Payments on the Borough’s behalf effective November 1, 2011. This will help the Borough avoid delinquent issues in the future. Councilman Shaw said this issue had been discussed in the Finance Committee meeting, and the Committee supported this decision.
Three Mountain Lakes Volunteer Firefighters, Deputy Chief John Reilly, Captain Matt DeSantis, and Firefighter Andrew Happer, will be honored in Trenton by the Governor on Wednesday for their efforts during Hurricane Irene. Mr. Tovo said these individuals are very deserving of this recognition.
Mr. Tovo said he had spoken with Borough Engineer Bill Ryden regarding Well #4. Due to the cost overruns from the paving project, the decision had been made to hold on the proposed well repairs and bid the project next year. Well #3 has already been renovated.
Tilcon will be in the Borough tomorrow and Wednesday, fixing some minor issues on Intervale Road.
Mr. Tovo felt the Borough might want to consider forming a subcommittee to study cell site locations in the Borough. He said the Borough will be approached by cell phone vendors regarding the placement of cell towers on Borough property, and it would behoove the Borough to be proactive and identify viable sites. For example, there is a spot by The Mountain Lakes Market which should be considered. Councilman Shaw volunteered to be the Council representative, and he suggested someone from the Planning Board should participate. The Mayor will broach the topic at the next Planning Board meeting. Mr. Tovo will also participate.
Mr. Tovo said FEMA would be visiting the Borough on October 14th and he had a meeting with a FEMA representative scheduled for November 1st in order to begin the reimbursement process for Hurricane Irene.
Councilman Jackson asked about the status of the DPW software, Pubworks. Mr. Tovo said a new server needs to be purchased and this is vital as the current server cannot handle the new software. Mr. Tovo will be investigating whether or not Pubworks can be used by the Borough staff as well.
Councilman Jackson mentioned that Judge Miniman was retiring and he should be recognized by the Borough for his years of service.
The Borough’s solid waste contract will be renewing at the end of 2012, and Councilman Jackson said the Borough should be forming a committee to determine bid specifications. Councilman McWilliams said members of the Environmental Commission had expressed interest in participating on the committee. Additionally, he has been in contact with Joan Best, the administrative assistant at the DPW, and she will participate as well.
Councilman McWilliams reported that the DPW has recently installed a “non-recyclable metals” container for residents and the Borough receives a commission from the vendor. He said he is also interested in trying to expand the shredding service offered to residents at the semi-annual Trash Day.
Mayor Gormally asked Mr. Tovo for a report on the intersection of Hanover and Glen, and he responded that the Borough has had discussions with the homeowner regarding rectifying the site obstructions, and the homeowner has been very cooperative.
Councilman Jackson asked about the completion of the energy audit, and Mr. Tovo said there are still a few “punch list” items which need to be completed.
11. COUNCIL REPORTS
Finance Committee – Councilman Shaw reported a good meeting. The Committee concurred with Mr. Tovo’s recommendation of the new Chief Financial Officer (CFO) and offered its assistance to the Borough if necessary. The Committee is also available to be involved in the budget process. The Committee would like to start meeting monthly, however, logistics are an issue for the current members. Councilman Shaw asked the Council to think about retired community members with finance backgrounds willing to serve on the Committee.
Shared Services – Councilman Shaw said he sat with Mr. Tovo to inform him of the Committee’s activities regarding sharing services with other municipalities. The Committee would like to continue discussions with Boonton Township. Councilman Jackson asked if there was a meeting date on the calendar and Councilman Shaw said not presently.
Councilman Shaw reminded the Council to begin to think about filling vacancies on the various Borough committees.
Woodlands Committee – Deputy Mayor Happer reported the Committee has planted chestnut trees in the courtyard at the High School and on some Borough property. The trees are being protected, since they are popular with animals. The Committee wanted Deputy Mayor Happer to voice their support for the Centennial Cove project. Additionally, the Committee has been discussing animal issues within the community, particularly beaver and deer. The United Bowhunters are once again participating in controlling the Borough’s deer population.
Shade Tree Committee – Councilman Jackson reported on a successful “100 Trees for 100 Years” program. Also, the Co-Committee Chairs may be retiring at the end of 2012.
Zoning Board of Adjustment – Councilman Jackson said he had approached one individual about the current vacancy; unfortunately, that individual did not have the time to serve.
Recreation Commission – Councilman McWilliams told the Council that the Committee’s last meeting was very dynamic, and he praised Recreation Director Celia Flynn for the enormous amount of hours she devotes to her job. He said she works a full time job with part-time pay. Councilman McWilliams said some Committee members are not participating at the level they should be and he would like to see Celia receive more help. The Committee is trying to determine that all programs are run and insured properly, and they are also trying to find more programs which will interest middle school children. There is an upcoming Halloween event, and the community garden will be pursued.
Search Committee – Mayor Gormally said the Committee had a preliminary meeting this week regarding the search for the Borough Manager, and he expected to have a more comprehensive report for the entire Council at the next meeting. He said he would like the Council to authorize the Mayor to execute a letter of understanding with Mr. Tovo regarding his activity as Acting Borough Manager. He commended Mr. Tovo for the orderly transition.
12. PUBLIC COMMENT
Mayor Gormally opened the second public comment portion of the meeting with the consent of the Council.
Fred Kanter – Hanover Road
Mr. Kanter thanked the Council for their attention to the tree and plant growth at the intersection of Hanover and Glen Roads. He also applauded the Council for their motion to expand the enforcement of zoning laws. He asked the Council to take steps to prohibit all signs on private property, except those protected by the Constitution, such as real estate and political signs. He told the Council that he felt Cove Park was not in compliance with the American with Disabilities Act (ADA) and he questioned the Borough Engineer’s role in the design of the park.
With no one else wishing to be heard, Mayor Gormally closed the public comment portion of the meeting.
13. ADJOURNMENT at 9:04 p.m.
Motion by Deputy Mayor Happer, second by Councilman McWilliams, to adjourn the meeting at 9:04 p.m., with all members in favor signifying by “Aye”.
Attest: October 24, 2011
_____________________________ _____________________________
Michele Reilly, Deputy Clerk Charles X. Gormally, Mayor