BOROUGH OF MOUNTAIN LAKES COUNCIL MEETING

MONDAY, MARCH 23, 2009

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 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 Council members were present except for Deputy Mayor Gormally, who arrived at 8:18 p.m., and Councilman Jackson, who was on vacation. Also in attendance were Borough Attorney Robert Oostdyk, Borough Manager Joe Tempesta, and Deputy Registrar Michele Reilly, filling in for Borough Clerk Christina Whitaker.

 

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:

                

·        Shared Services – Contract Negotiations

·        Pending Litigation – Zhao vs. Borough of Mtn. Lakes, et al

·        Attorney – Client Privilege / Settlement – Trash Bag Agreement

 

                        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 Councilwoman Wilson, to enter into 

     Executive Session, with all members in favor signifying by “Aye”.

 

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

     Session and return to the public portion of the meeting at 8:04 p.m., with all members in

     favor signifying by “Aye”.

                                                                                                           

4. COMMUNITY ANNOUNCEMENTS:

 

     There were no community announcements.

 

5. 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.

 

Toby Ippolitto – Crestview Road &  Cobb Road

Mr. Ippolitto presented opinions from various professionals regarding the reasons why the house on Crestview Road is structurally unsound and must be rebuilt. He also expressed his support of the proposed ordinance regarding vacation of the paper road near his property. Mayor Shaw clarified there was no ordinance on tonight’s agenda, but that the vacation of the paper road was merely a discussion item for the Council.

 

       Lisa Ippolitto – Crestview Road &  Cobb Road

       Ms. Ippolitto spoke about the vacation of the paper road and that the Council’s decision to

       vacate the paper road would eliminate their property classification as a corner lot. This

      would allow their new home to front on Crestview Road.

 

       Joan Nix –  Hillcrest Road

       Ms. Nix expressed her opinion that the Council should not decide on the vacation of paper

       roads on a case by case basis but that the Planning Board should be consulted, as there  
       are many paper roads in the Borough.

 

      Angelo George – West Shore Road

      Mr. George expressed his thanks and appreciation to the Council and specifically Mayor

      Shaw for attending the ribbon cutting ceremony for his new business, Edward Jones

      Investments.

 

     Joe Goodwin – Laurel Hill Road

     Mr. Goodwin spoke as a friend of the Ippolitto’s and supported their request to have the  

     paper road vacated so their house would front in the same direction as the other homes on

     the street.

 

     Sandy Batty – Lockley Court

     Ms. Batty, a Planning Board member, supported Joan Nix’s opinion that the vacation of the   

     paper road should be presented to the Planning Board.

 

     Richard Finn –  Laurel Hill Road

     Mr. Finn spoke as a friend of the Ippolitto’s and spoke about the structural issues he faced in  

     his own Hapgood home.

 

    John Selsa –  Laurel Hill Road

    Mr. Selsa spoke as a friend of the Ippolitto’s and spoke about buying a new house in the

    Borough because of the cost of restoring a Hapgood.

 

With no one else wishing to be heard, Mayor Shaw closed the public comment portion of the meeting at 8:27.

 

With the consent of the Council, Mayor Shaw adjusted the agenda so the Discussion Items would be heard before the Budget Update.

 

6. DISCUSSION

A.    Broadcast Email Usage Policy

B.    Vacation of Paper Road

 

Mayor Shaw read Discussion Item B out loud, and indicated he had not been able to locate a specific Borough policy on the vacation of paper roads. Mayor Shaw asked Borough Attorney Oostdyk to clarify some facts on paper roads. Mr. Oostdyk indicated statute does not require that vacation of paper roads be referred to the Planning Board, although it appears to be the practice in most municipalities.

 

Following the Council discussion, Mayor Shaw indicated the consensus was that the issue and the applicants should be referred back to the Zoning Board of Adjustment.

 

  Mr. Tempesta then spoke about Discussion Item A, the Broadcast Email Usage Policy. The

  Broadcast Email system has been set up, but Mr. Tempesta asked for direction from the 

 Council as to how the system can best be used to serve the Borough.

 

 Discussion ensued regarding past policy, usage for emergencies versus general 

 announcements, partnering with the Home & School Association, the value of the

 old Borough newsletter, and the frequency of emails. The consensus of the Council was the 

 policy decisions should be made by the Borough Manager and the policy could evolve based

 on the needs of the community.

 

7. BUDGET UPDATE

Mayor Shaw said the Borough received late notification from the state regarding aid. Therefore, the plan is to introduce the budget on April 13th, with the public hearing scheduled for May 11th.

 

Mr. Tempesta explained that the Borough lost $22,000 in state aid, and presented the Council with two scenarios. The first scenario included budgeting up to the 4% cap and included enough funding to replace the two retiring police officers at the manager’s discretion. The second scenario budgeted slightly below the cap, and included enough funding to fill only one of the police officer spots. Councilwoman Wilson asked about the COPS program, and Mr. Tempesta replied the Borough had applied. If the grant is received, it provides three years of salary and benefits to replace a police officer, and the Borough would be obligated to keep the officer for an additional twelve months at the end of the three year period. Mr. Tempesta also said the Borough has to strike a budget now and cannot count on the grant money.

 

Councilman Happer indicated that given the decline in state aid and fee income he felt it was fiscally responsible to budget up to the 4% cap. After discussion, the Council agreed.

 

       Mr. Tempesta said he had spoken with Chief Butera in reference to the proper size of the

       fire engine the Borough would need. Chief Butera said he is in the process of forming a

       committee to study the specifications and the needs of the Borough.   

 

8.  ORDINANCE

03-09

ORDINANCE AMENDING CHAPTER 111 OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF MOUNTAIN LAKES AND AMENDING THE SEWER RATES

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

and a public hearing will be held on April 13, 2009.

Council Member

By:

2nd:

Yes

No

Abstain

Absent

McWilliams

 

 

X

 

 

 

Emr

 

 

X

 

 

 

Jackson

 

 

 

 

 

X

Gormally

 

 

X

 

 

 

Happer

 

X

X

 

 

 

Wilson

X

 

X

 

 

 

Shaw

 

 

X

 

 

 

 

 

                                  

 

 

 

 

 

 

 

 

 

 9. *RESOLUTIONS

     R 59-09 Payment of Bills

      R 60-09 Award of Contract/Shade Tree Pruning & Removal    

     R 61-09 CSIP Grant

 

 10.  *MINUTES

         March 9, 2009 – Regular

         March 9, 2009 – Executive

 

11. *DEPARTMENT REPORTS

       2008 Annual Tax Collector’s Report

 

*Consent Agenda Vote      

                              

Council Member

By:

2nd:

Yes

No

Abstain

Absent

McWilliams

X

 

X

 

 

 

Emr

 

 

X

 

 

 

Jackson

 

 

 

 

 

X

Gormally

 

 

X

 

 

 

Happer

 

X

X

 

 

 

Wilson

 

 

X

 

 

 

Shaw

 

 

X

 

 

 

 

 

 

 

 

 

 

 

      

     

 

   

 

12. ATTORNEY’S REPORT

Mr. Oostdyk reported the DEP acknowledged the appeal the Borough filed regarding the Wildwood Lake Dam inspections, and the Borough will be going through the DEP appeal process.

 

13. MANAGER’S REPORT

Mr. Tempesta reported he met with the contractor regarding the sidewalk on Powerville Road. The contractor agreed to replace the sidewalk. Mr. Tempesta also said the Borough is scheduled to install new sidewalks from Glen Road through Briarcliff Road, and asked the Council for their preference regarding paving material. The consensus was concrete.



 

       Mr. Oostdyk questioned some language on the beach signs, since the signs and the ordinance

    differ slightly regarding the enforcement of wearing beach tags. Councilman Happer, the Council

    representative to the Recreation Committee, talked about the lifeguards, when they would 

    normally   be on duty, and beach tag enforcement. Mr. Oostdyk accepted the language on the

    beach signs.

 

14. COUNCIL REPORTS

      Citizen of the Year

  Mayor Shaw handed out information for the Council to review regarding Citizen of the Year. The majority of the Council supported resident #5 for this award.

 

 Janice Hunts Award

 The Council also discussed the Janice Hunts Award for lifelong community service. The majority of the Council supported resident #1 for this award.

 

Shared Services Committee

Councilwoman Emr reported the Committee is dividing up the departments in the Borough for further study.

 

Environmental Committee

Councilwoman Emr reported Cathy Harvey is working on a grant application from the Dodge Foundation. Also, Councilwoman Emr reminded the Council that former Councilwoman Louise Davis would be giving a presentation at the April 13th meeting regarding Sustainable Jersey.

 

 Councilwoman Emr asked about creating an Economic Development Committee. Mayor Shaw asked Councilwoman Emr to prepare a discussion item addressing this possibility.

 

 Recreation Committee

 Councilman Happer reported the beach signs were reviewed. Also, the positive coaching alliance from Stanford University is reaching out to the Tri-Town teams. Training sessions are planned for coaches and could possibly include parents if the program is not cost prohibitive. Councilman Happer said the Recreation Committee is in preliminary discussions regarding background checks on coaches. Councilwoman Wilson has some information to provide regarding background checks. Councilman Happer reported the summer recreation program has lost money in previous years; therefore, there will be an adjustment this year in the cost of the program to residents. However, the cost will still be less then charged in neighboring communities.

 

Traffic and Safety Committee

Councilman Happer said the Committee discussed different ways to deal with traffic issues

around the schools and plans for routing traffic.

 

Woodland Committee

Councilwoman Wilson was unable to attend but indicated the Committee did have a speaker.

 

Memorial Day Committee

Mayor Shaw said the Committee met and it was a good meeting and there were a lot of new

faces.

 

Mountain Lakes Day

Mayor Shaw said this is not a Borough Committee but there is a need to identify someone who can take this effort over from Chris Palazzi.

 

Centennial Committee

Mayor Shaw was hoping to appoint a Committee but is not ready to do so yet. The mission

statement has been approved and there have been some offers to chair the Committee. Mayor Shaw is hoping to appoint the Committee at the next meeting. Councilwoman Emr gave the Mayor two additional names for the list.

 

Historic Preservation Committee

Mayor Shaw said there is a new appointment for an alternate member to the HPC, Ms. Beth Mauro. Ms. Mauro has already attended several meetings of the HPC. The Council voted unanimously to appoint Ms. Mauro to the Committee.

 

15. ADJOURNMENT at 10:05 p.m.

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

 

 

*Consent Agenda

          

Attest:

 

 

___________________________                         _____________________

Joseph Tempesta, Deputy Clerk                           Stephen H. Shaw, Mayor