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