BOROUGH OF MOUNTAIN LAKES COUNCIL MEETING
MONDAY, JUNE 8, 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.
Deputy
Mayor Gormally called the meeting to order at 7:30 p.m.
2.
ATTENDANCE AND FLAG SALUTE
All
Council members were present except for Mayor Shaw and Councilman Jackson.
Councilman Jackson arrived at 7:38 p.m. Mayor Shaw arrived at 8:35 p.m.
Also
in attendance were Borough Attorney James 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:
·
Potential
Litigation/Trash Bags
·
Personnel/Joseph
Tempesta
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 Happer,
second by Councilwoman Wilson, to enter into Executive Session, with all
members in favor signifying by “Aye.”
Motion by Councilwoman
Wilson, second by Councilman McWilliams, 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
Councilwoman Emr announced that the Lake
Drive School received the “Carol Rufener Quality of Life Award” from Morris
Tomorrow. A recognition breakfast is scheduled for Thursday at 8:30 a.m.
The girls’ lacrosse team
came in second in the Tournament of Champions held at Rutgers Stadium.
5. PUBLIC
COMMENT
Deputy Mayor
Gormally explained the Council’s policy of limiting each speaker to five (5)
minutes and no
yielding of time to another person.
Deputy Mayor Gormally opened
the public comment portion of the meeting with the consent
of the Council.
With
no one wishes to be heard, Deputy Mayor Gormally closed the public comment
portion of the meeting.
6.
ORDINANCE
7. 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
If adopted this ordinance shall take effect after publication
and passage as provided by
law.
PUBLIC HEARING
Deputy Mayor Gormally opened the Public
Hearing. With no one wishing to be heard,
Deputy Mayor Gormally closed the Public
Hearing.
|
Council
Member |
By: |
2nd |
Yes |
No |
Abstain |
Absent |
By |
2nd |
Yes |
No |
Abstain |
Absent |
|
McWilliams |
|
X |
X |
|
|
|
X |
|
X |
|
|
|
|
Emr |
|
|
X |
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|
|
X |
|
|
|
|
Jackson |
X |
|
|
X |
|
|
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|
|
X |
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|
Gormally |
|
|
X |
|
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|
X |
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|
Happer |
|
|
X |
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|
X |
X |
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|
Wilson |
|
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|
X |
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X |
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Shaw |
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|
X |
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|
X |
7. DISCUSSION
A. Review of 2009 Council
Priorities (Hereto attached)
#1-2
Councilwoman Emr said the
Shared Service Task Force plans to move fast beginning in September.
Councilwoman Wilson said the
Fire Department felt they should have been sent a letter explaining the change
in the original timeline.
#3 Mr. Tempesta explained
that the Borough is right on course with the COAH and Highlands issue. The next
step will be to decide if the Council wants to opt out and develop its own
affordable/senior housing or stay with COAH. The members of Council want to
discuss it at the next meeting. Mr.
Tempesta and the town planner will be meeting tomorrow.
#4 The Centennial Committee
was appointed on April 27.
#5. a. The push e-mail system is operating at
minimal level.
b. Mr. Tempesta has
met with Dan Borgo and John Kazmark and some suggestions have been made to
modify shared services arrangement with the Board of Education.
c. The Joint Ordinance Committee has drafted some changes and
they are under review by the Zoning and Planning Boards.
d. There is a resolution on tonight’s meeting regarding
Sustainable Jersey. Councilwoman Emr said there is still much to do with the
NRI and an energy audit still needs to be done. Cathy Harvey has received a $4000 grant from the Dodge
Foundation.
e. Nothing has been done with amending the Borough’s sign
ordinance. Deputy Mayor Gormally noted that if it is not going to be enforced
it would be a waste of time.
The Council agreed it wanted
closure on the matter.
Mr. Tempesta will call Marty
and asked him to draft an ordinance as per previous Council discussion.
The new street signs will be
going up soon. The old ones are grandfathered in for the time being.
f. The review of personnel policies and benefits has not yet
been initiated by the Manager.
8. *RESOLUTIONS
R 78 -
Sustainable Jersey/pulled by Councilman Happer
R 79 -
Appointment of Acting CFO
R 80 -
Opposition of Diversion of EMT Training Funds /pulled by Councilwoman Wilson
R 81 - Payment
of Bills
R 82 – Approval
of Liquor Licenses
9. *MINUTES
May 11, 2009 – Regular
May 29, 2009 – Regular
May 29, 2009 – Executive
10.
*DEPARTMENT REPORTS
A.
Health
Officer
B.
Construction
Official
C.
Fire
Department
D.
DPW
*Consent Agenda Vote
|
Council Member |
By: |
2nd: |
Yes |
No |
Abstain |
Absent |
|
McWilliams |
X |
|
X |
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Emr |
|
|
X |
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|
Jackson |
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|
X |
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Gormally |
|
|
X |
|
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|
|
Happer |
|
X |
X |
|
|
|
|
Wilson |
|
|
X |
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|
|
|
Shaw |
|
|
X |
|
|
|
Councilman Happer pointed out that after the initial
three year certification from Sustainable
Jersey
the Borough would be expected to do several more things to be certified for an
additional three years.
Councilwoman Emr said the Environmental Commission subcommittee is aware
of the work
involved and will be applying for grants to offset any costs in order to
comply with the
criteria.
R78-09
|
Council Member |
By: |
2nd: |
Yes |
No |
Abstain |
Absent |
|
McWilliams |
|
X |
X |
|
|
|
|
Emr |
|
|
X |
|
|
|
|
Jackson |
|
|
X |
|
|
|
|
Gormally |
|
|
X |
|
|
|
|
Happer |
|
|
X |
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|
Wilson |
X |
|
X |
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|
Shaw |
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|
X |
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|
Mayor Shaw explained that resolution 80-09 was at
the request of the Captain of the
Boonton
Kiwanis Rescue Squad, Ben Payne. The
resolution asks the Governor and State
Legislatures not to remove any money from the EMT Training Fund, which
is used to train
volunteer
EMTs. The Governor’s office is proposing to remove $4,000,000 from the fund and
place it
in the general treasury, leaving only $400,000 for training purposes.
Councilman
Happer noted that most volunteer rescue squads would find it very difficult to
come up
with the money to train EMTs. Volunteer rescue squads perform a very valuable
service to
communities. The cost to train one EMT is about $3,000.
R80-09
|
Council
Member |
By: |
2nd: |
Yes |
No |
Abstain |
Absent |
|
McWilliams |
|
X |
X |
|
|
|
|
Emr |
|
|
X |
|
|
|
|
Jackson |
|
|
X |
|
|
|
|
Gormally |
|
|
X |
|
|
|
|
Happer |
X |
|
X |
|
|
|
|
Wilson |
|
|
X |
|
|
|
|
Shaw |
|
|
X |
|
|
|
11. ATTORNEY’S
REPORT- None
Councilwoman Emr asked Mr. Brice about structures that
were placed on private property that did not comply with the 25-foot setback on
Lake front property. She wanted to know if a property owner should be given a
violation notice even if the structure that has been up for years.
Mr. Brice said zoning enforcement issues have no
statute of limitation. He said the building official should be able to find out
if any permits had been issued for the structures in question.
12. MANAGER’S
REPORT
Mr. Tempesta said that the Borough would be
going out for street paving bids soon.
The lakes
continue to be treated.
Mr. Tempesta said that the boards at the Mountain
Lakes dam/spillway have begun to bow and he felt this should take priority over
the Wildwood dam. He said Converse had inspected the dams and the boards at
Wildwood but had not reported any need to have them replaced just prior to the
discovery of Wildwood dam leak. He
suggested hiring another dam expert.
Mr. Tempesta told the Council that the State Health
Benefits were expected to increase in 2010. It could cost the Borough an
additional $50,000 -70,000. He asked
the Council to authorize him to begin shopping other health plans around before
next year. It will cost approximately $2500 to review the Borough’s health
insurance.
Councilman Jackson said that only seasoned health insurance companies should be considered.
Motion by Councilwoman Wilson, second by
Deputy Mayor Gormally, to authorize the funds to search other health insurance
benefit companies, with all members in favor signifying by “Aye.”
Well # 3 is operable but will be used only if necessary.
Councilwoman Emr asked if the signs for Birchwood and Island Beach were
ready to be
installed.
Mr. Tempesta said they would be put up soon. The brick is being removed from the pillars at
Birchwood.
13. COUNCIL REPORTS
Councilwoman
Wilson said the Fire Chief and Manager were reviewing bid specification for the
new fire
truck.
Members of the
fire department have sent a letter to the County expressing their
dissatisfaction
with the
County dispatch service. Council asked for a copy of the letter.
Councilman
McWilliams said the Borough had a surprise visit from a PEOSH officer last
week.
The Borough
will have 30 days to comply with any deficiencies.
The Woodlands
Committee is working with the Garden Club to clean up some pocket parks in
the Borough.
They have finished cleaning and clearing invasives from a demonstration pocket
park located
on the corner of Crane Road and Morris Avenue.
The Manager has worked with
the Woodlands
Committee to develop an action plan check list for these projects prior to the
commencement
of any work.
Motion by
Deputy Mayor Gormally, second by Councilman McWilliams, to enter into
Executive
Session to discuss personnel matters relating to Mr. Tempesta, with all members
in
favor
signifying by “Aye.”
Motion by
Councilman McWilliams, second by Councilman Jackson, to close the
Executive
Session and return to the public portion of the meeting, with all members in
favor
signifying by
“Aye.”
Mr. Tempest’s
resignation and acceptance of a position at East Hanover Township was
announced.
Council expressed their disappointment at his resignation, thanked him for his
excellent work
for the Borough, and wished him well in
his new position.
14. ADJOURNMENT
Motion by Councilman
McWilliams, second by Councilman Jackson, to adjourn the meeting at
10:10 p.m., with all members
in favor signifying with “Aye.”
*Consent Agenda
Attest:
___________________________ _____________________
Christina Whitaker,
Clerk Stephen H. Shaw, Mayor