BOROUGH OF MOUNTAIN LAKES COUNCIL MEETING

MONDAY, MAY 26, 2009

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 6, 2009 and posted in the

municipal building.

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

2. ATTENDANCE AND FLAG SALUTE

All Council members were present.

Also in attendance were Borough Attorney Jim Brice, Borough Manager Joe Tempesta, and Borough Clerk Christina Whitaker.

3. EXECUTIVE SESSION

Resolution 76-09

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

· Litigation – Zhao/General

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 Emr, to enter into Executive Session, with all members in favor signifying by “Aye.”

Motion by Councilman McWilliams, second by Councilwoman Emr, to close the

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

4. COMMUNITY ANNOUNCEMENTS

Mayor Shaw thanked the Memorial Day Committee and those who participated in the day for doing such a great job. He publicly thanked High School Social Studies teacher Mr. Frank Sanchez for his work with the students on the Veterans Research Project. Frank Sanchez’s students researched the Lakers who gave their life in service to our Country. Each student presented a short biography of the person.

Mountain Lakes Day went well thanks to the efforts of several people who volunteered to help Chris Palazzi.

5. SPECIAL PRESENTATION

Shared Services Task Force Update/Chairperson Peter Holmberg

Mr. Holmberg updated the Council on what the committee has been doing and what

it hopes to accomplish. (Hereto attached)

The committee hopes to do a survey in September or October with findings to be

presented in November. A public forum is also planned.

Councilwoman Emr said the Council needed to see the survey before it was sent

to residents. She noted that there was a great deal of information that has already been collected and that it would be hard to condense. She recommended not listing pros and cons in the presentation.

Mayor Shaw said he would have done the survey first. Councilwoman Wilson said the public would have a heightened awareness of what the Task Force was trying to accomplish once a forum was held. Then when the survey is sent out, residents will already have something to base their responses on.

Deputy Mayor Gormally recommended eliminating the word “shared” when discussing services because research has found that the word has a negative connotation. He explained that Individuals think they are getting less of something. The actual goal is to provide the same or nearly the same services. He suggested using the phrase “collaborative communities.”

Mr. Holmberg said the State refers to it as “shared services.” Councilwoman Emr agreed that residents are already familiar with the term and understand the meaning. Mayor Shaw said the Task Force should decide how the matter should be handled.

Councilman Happer said the Council should review the final draft of the website presentation before it is sent to the Webmaster.

Councilman McWilliams expressed concern with providing cost figures for a new building at this time. He would also like the results of the survey ready for presentation by October.

Councilman Happer agreed that the committee should get it completed as soon as possible.

6. 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.

Joan Egan – Mountain Lakes Court Administrator

Ms. Egan said she had some ideas that would help save the Borough money in the operations of the court. She gave the Clerk copies of her analysis and recommendations. (Hereto attached)

She suggested decreasing the court session to just one a month and hiring a private person for court security. Court regulations require at least one police officer in court. Scheduling of police officers could accommodate their work schedules by scheduling police officers while they were still on duty. She noted her recommendations could save approximately $20,000.

Councilman Jackson asked how the Borough would save money if the one court session was lengthened and the judge and prosecutor had to be present longer.

She explained that there were not many trials in Mountain Lakes and the sessions would not run more than 2-4 hours each.

Mr. Tempesta expressed displeasure with Ms Egan for not coming to him first with her suggestions before coming before the Council.

He said he was not sure the judge and prosecutor would be willing to work more hours for less pay. He also was concerned with how cases would be handled it the volume increased. He noted that joining another court has been a topic of discussion for about 15 months and asked why she had not come forward with the suggestions sooner.

Ms, Eagan said she was never part of the discussions and was never asked to speak with the Council.

Mr. Tempesta said he had given her frequent updates.

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

Mayor Shaw said the Council had charged the Borough Manager to find the most efficient way to deliver services and that he was comfortable with the way the manager was proceeding. He added that he hoped any employee who had suggestions on how to operate their department more efficiently would and save the Borough money would bring those ideas to the attention of the Borough Manager or speak to the Council.

7. ORDINANCES

08-09

ORDINANCE AMENDING CHAPTER 111 OF THE REVISED GENERAL

ORDINANCES OF THE BOROUGH OF MOUNTAIN LAKES AND INCREASING

THE CONSTRUCTION CODE NEW STRUCTURE FEE

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

and a public hearing will be held on June 8, 2009.

Mr. Tempesta explained that the increase was the recommendation of Construction Official Rita Sharp. It has been some time since the fee was raised. The range for surrounding communities is between .03 -.07 per cubic feet.

Mayor Shaw said he thought is was a huge jump. The average construction fee for a new home would go from $3600 to approximately $5700.

Motion made by Councilman Jackson second by Councilwoman Emr to amend the ordinance increasing the fee to .06.

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

Council Member

By:

2^nd

Yes

No

Abstain

Absent

By

2nd

Yes

No

Abstain

Absent

McWilliams

X

X

Emr

X

Jackson

X

X

Gormally

X

Happer

X

Wilson

X

Shaw

X

Vote to Increase to .07

8. DISCUSSION

A. Historic Preservation Ordinance (Hereto attached)

Councilman Jackson said the HPC recommended the Borough adopt a Historic Preservation Ordinance. The basic purpose of the ordinance would be to reduce demolitions of historic homes, minimize topology changes and permit the Planning Board and Zoning Board of Adjustment to take historic significance into account when reviewing applications. The changes would include converting the Historic Preservation Committee to a Commission, require a permit to demolish an historic building, provide for a “cooling–off period”, permit advisory reports from the Commission and authorize the Planning or Zoning Board of Adjustment to consider the HPC’s report in its deliberations.

Councilman Jackson said that the Borough had no enforcement power unless an ordinance is in place.

Councilwoman Emr said that while she was campaigning, she found residents were interested in preserving the historic character of the Borough but did not want anyone telling them what to do with their own property.

Councilman McWilliams said he was not comfortable with taking away property rights. He said builders in the community have done a good job in incorporating the character of the town. He said he was sure there were incentives that could help homeowners and builders. Councilman Happer agreed that incentives would be helpful, but he did not support taking away the rights of the homeowner.

Councilman Jackson said residents needed to understand that the Council does not want historic homes destroyed. According to Joan Nix there are 700 homes in the Borough that would be characterized as historic.

Mayor Shaw noted that there were only a little over 500 houses built when the community was established.

Councilwoman Wilson said she did not like seeing Hapgood homes demolished but was concerned with limiting homeowner’s rights.

Deputy Mayor Gormally said he was pleased that the Borough was on the Historic Registry. However, he noted that Hapgood homes were a real challenge to renovate. A “carrot and stick approach is the best solution,” he said. He added that modification of zoning ordinances should also be considered.

Mayor Shaw said that he felt this proposal was putting the cart before the horse. There is a process that needs to be followed. The Planning Board is currently working on revisions to the Master Plan based on the recently completed reexamination report. Once the Master Plan is updated, and then the Council can consider ordinance changes in support of the revised Master Plan. He also did not like the fact that the listing of the Borough on the State and National Registers was being used as a reason for these proposals since when the debate over the listing was taking place, the community was told that it would not impact their private property rights.

He agreed that incentives and FAR bonuses, along with educating residents were positive approaches. He noted that over 95% of the original housing stock still existed in the Borough. He was not in favor of a “cooling off” period and did not support the recommendation of the HPC to hire a professional.

Councilman Jackson said he felt it would be useful if the HPC and Planning Board could deliberate with input from Council. To encourage the preservation of historic structures, the Council favored the use of zoning incentives and education but nor restrictions on property rights.

9. *RESOLUTIONS

R 74-09 Annual Audit with Correction Plan Attached/ Pulled by Councilman Jackson

R 75-09 Salaries/Pulled by Councilman Jackson

R 76-09 Payment of Bills

10. *MINUTES

May 11, 2009 – Regular-Pulled

May 11, 2009 – Executive

*Consent Agenda Vote

76-09 and Executive Minutes of May 11, 2009

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

R74-09

The Council discussed the annual audit and the one control weakness cited.

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

R75-09

Council Member	By:	2^nd:	Yes	No	Abstain	Absent
McWilliams			X
Emr			X
Jackson			X
Gormally			X
Happer		X	X
Wilson	X		X
Shaw			X		Planning/Zoning

11. ATTORNEY’S REPORT- None

12. MANAGER’S REPORT

Mr. Tempesta said that it was time to appoint Ken Huelbig as the acting CFO and terminating Dana Mooney’s position in that role. She will continue to serve as Tax Collector until Mr. Huelbig receives his certification.

Mr. Tempesta explained that the Esplanade area was cleaned up and wood chips placed on the hillside for Mountain Lakes Day.

The Council discussed the Recreation Commission’s plans to hire a park ranger for the tennis courts and beaches after the lifeguards are off duty.

Well # 3 is being tested.

13. COUNCIL REPORTS

Zoning Board Appointment/

Motion by Deputy Mayor Gormally, second by Councilwoman Emr, to appoint Victor Kelly to the Zoning Board of Adjustment, with all members in favor signifying by “Aye.”

Mayor Shaw reminded the Council that Government Day at Briarcliff School would be held on June 1, 2009 between 12:30 p.m. and 2:30 p.m.

Councilwoman Wilson informed the Council that the Morris County Affordable Housing would be hosting a bus tour of affordable housing in the County on Wednesday, June 17^th between 8:30 a.m.–12:00 p.m. Several members said they would like to visit some of the sites.

Motion by Councilwoman Emr, second by Councilman McWilliams, to go back into Executive Session, with all members in favor signifying by “Aye.”

14. ADJOURNMENT

On motion by Deputy Mayor Gormally, second by Councilman Happer, the meeting was adjourned at 11:10 p.m. with all members in favor signifying by “Aye.”

*Consent Agenda

Attest:

___________________________ _____________________

Christina Whitaker, Clerk Stephen H. Shaw, Mayor