BOROUGH OF MOUNTAIN LAKES COUNCIL MEETING

MONDAY, JUNE 22, 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 in attendance.

Also in attendance were Borough Attorney Marty Murphy, Borough Manager Joe Tempesta, and Borough Clerk Christina Whitaker

                                                                                               

3. EXECUTIVE SESSION

                 Resolution 90-09

                 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/Denville

·        Personnel Matters

 

                        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 Councilwoman Wilson, second by Councilman Happer to enter into Executive Session with all members in favor signifying by “Aye.”                  

 

Motion by Councilman Happer, second by Deputy Mayor Gormally, 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 Shaw reminded the public that the annual fireworks display was scheduled for July 4 with a rain date of July 5.

 

The Mountain Lakes Club will hold Family Fun Day on July 4 between 10 a.m. and noon.

 

Mayor Shaw announced the resignation of Borough Manager Joseph Tempesta. His last official day will be July 8, 2009.

 

Mayor Shaw presented Mr. Tempesta with a pewter bowl in recognition of his service to the community.

 

Mr. Tempesta said he had enjoyed his time in Mountain Lakes and found it to be a unique community. He complimented the employees who he said work well together, are willing to work late and often come in weekends.  He said he had formed lasting friendships and promised to keep in contact.

 

Councilwoman Wilson thanked Mr. Tempesta for doing a wonderful job while he was with the Borough.

 

Councilman Jackson said Mr. Tempesta was a unique find and brought with him a great deal of government and industry experience.

 

Councilman Happer said working with Mr. Tempesta had been enjoyable and he appreciated what he had done for the community during the 18 months he was with the Borough.

 

Councilman McWilliams thanked him for being supportive of the volunteer fire department.

 

Councilwoman Emr noted that when Mr. Tempesta was hired the Borough was dealing with some difficult issues but he had done a remarkable job under the circumstances.

 

Deputy Mayor Gormally said he was pleased with the work Mr. Tempesta had done for the Borough.

 

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.

 

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

 

Mayor Shaw moved the Council Report on the Shared Services Task Force up on the agenda to accommodate Chair Peter Holmberg who was present at the meeting. He provided the Council with a draft of the web site presentation and a time line on the Task Force’s mission.

 

The Council discussed the presentation to be placed on the web site and the type of questions that should be included in the public survey.

 

Councilwoman Emr said the Council might wish to provide the committee with some direction. She also felt that presenting dollar amounts for an extension of the Borough Hall or possible savings through shared services should be eliminated from the presentation because the numbers were subject to change.

 

Deputy Mayor Gormally said the things being discussed tonight were part of the committee’s responsibility to address.

 

Councilman McWilliams said it was important to explore shared services independent of a building renovation.

 

Councilman Jackson said the introduction to the presentation should not relate just to capital costs but should also explain the Borough is exploring shared services as a way of lowering operating costs.

 

Councilman Happer said the introduction was long and appeared to guide the reader to a conclusion. There was a great deal of emphasis on renovations to the building.

 

Mayor Shaw said the survey question should be constructed in a way that there is no bias apparent.

 

Deputy Mayor Gormally disagreed with some members of Council and said that an increase in shared services could impact the size and physical plan of Borough Hall.

 

Mr. Holmberg will provide the Council with more details at the next Council meeting, July 27.

 

6.    ORDINANCE

      09-09

ORDINANCE AMENDING THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF MOUNTAIN LAKES AND ESTABLISHING SOLID WASTE RECYCLING REGULATIONS

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

            and a public hearing will be held on July 27, 2009.

 

    Following discussion, motion made by Councilman Happer, second by Councilman  

     McWilliams, to amend the ordinance to add “electronic waste” on p. 7 section E and p. 8,

     with all members in favor signifying by “Aye,” by Roll Call vote.

 

 

Council Member

By:

2nd

Yes

No

Abstain

Absent

By

2nd

Yes

No

Abstain

Absent

McWilliams

 

 

X

 

 

 

 

 

 

 

 

 

Emr

 

 

X

 

 

 

 

 

 

 

 

 

Jackson

X

 

X

 

 

 

 

 

 

 

 

 

Gormally

 

 

X

 

 

 

 

 

 

 

 

 

Happer

 

 

X

 

 

 

 

 

 

 

 

 

Wilson

 

X

X

 

 

 

 

 

 

 

 

 

Shaw

 

 

X

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Vote as amended

 

 10-09

ORDINANCE AMENDING CHAPTER 111 OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF MOUNTAIN LAKES AND INCREASING THE PERMIT FEES UNDER THE UNIFORM FIRE SAFETY CODE AND ESTABLISHING A FEE FOR ZONING OFFICER REVIEW

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

            and a public hearing will be held on July 27, 2009.

 

Council Member

By:

2nd

Yes

No

Abstain

Absent

By

2nd

Yes

No

Abstain

Absent

McWilliams

 

 

X

 

 

 

 

 

 

 

 

 

Emr

 

 

X

 

 

 

 

 

 

 

 

 

Jackson

 

 

X

 

 

 

 

 

 

 

 

 

Gormally

 

 

X

 

 

 

 

 

 

 

 

 

Happer

X

 

X

 

 

 

 

 

 

 

 

 

Wilson

 

X

X

 

 

 

 

 

 

 

 

 

Shaw

 

 

X

 

 

 

 

 

 

 

 

 

 

  

 

 

 

 

 

 

 

 

 

 

 7. *RESOLUTIONS

      R84-09 - NJ Firemen’s Association Application

      R85-09 - Liquor License Renewal/South City Grill

      R86-09 - NJ Sustainable Energy Joint Meeting

      R87-09 - Payment of Bills 

      R88-09 – Release of Executive Minutes

 

 8.  *MINUTES

 May 14, 2009 - Special Meeting (with minor amendments)

 June 8, 2009  - Regular

        June 8, 2009  - Executive Session

Council Member

By:

2nd:

Yes

No

Abstain

Absent

McWilliams

 

 

X

 

 

 

Emr

 

 

X

 

 

 

Jackson

 

X

X

 

 

 

Gormally

 

 

X

 

 

 

Happer

X

 

X

 

 

 

Wilson

 

 

x

 

 

 

Shaw

 

 

X

 

 

 

 

 

 

 

 

 

 

 

      

     

 

     

   

      9. ATTORNEY’S REPORT - None

            

      10. MANAGER’S REPORT

       Mr. Tempesta updated the Council on the spillways at Mountain and Wildwood Lakes.  He noted that the lakes were full due to all the rain over the last several weeks. While he was hesitant to lower the lakes, it was necessary to remove a board at Mountain Lake and cut a three inch notch in the board at Wildwood.

      Mr. Prusina explained that removing an entire board at Wildwood would have left an 8 inch gap. The DPW is conducting inspections of the spillways every 12 hours.

      Mr. Prusina said that the stop log system is outdated and a more modern one should be Installed.  Mr. Tempesta and Mr. Prusina will be meeting with a contractor to discuss cost estimates to update the system.

 

       Mr. Prusina reported that sand had been added to the beach area at Birchwood Lake.

      Additional work is being completed for the beach’s opening.

 

Mr. Prusina updated the Council on the status of the street signs. The first group of signs to be installed should be ready by late August. Roads with a 25 mph limits will have sign lettering 4 inches high, those 35 mph or over will need to be 6 inches in order to comply with the State law.

 

Due to all the recent rain it has been impractical for the DEP to inspect well # 3. Trenton had

several questions regarding the well, including why it was located in Denville.  Borough

Engineer Bill Ryden will respond to Trenton. 

 

Mr. Tempesta told the Council that the recent chapter 7 filing by AmeriPay would not

affect the Borough since the Borough had already switched to a new payroll company.

 

Mr. Tempesta reported that the cost of health benefits was expected to increase by 15-20%.

 

11. COUNCIL REPORTS

Appointments

Centennial Committee/Kelly Thompson

Motion by Mayor Shaw, second by Councilman McWilliams, to appoint Kelly Thompson to the Centennial Committee, with all members in favor signifying by “Aye.”

 

Planning Board – Council members should submit any recommendations to the Mayor.

 

MAC- There is a real need for new members.

 

Councilwoman Emr said that Environmental Commission member Corey Nachshen met with the Web Site Committee to discuss the Environmental Resource Inventory and how to make it interactive on the web site.

The Health Commission did not meet early in June due to a lack of quorum. Councilwoman Emr expressed concern particularly because of the recent swine flu cases reported in the State.

 

Councilman Jackson said the HPC met and discussed the repairs of bridges by Morris County and that bridges are not always historically retored. Mr. Tempesta explained that all bridges fall under the jurisdiction of the County.

 

The ads for a new Borough Manager have been submitted to the appropriate sites.

 

Councilman Happer said the Woodlands Committee is continuing its work on pocket parks.

 

COAH/ Highlands

Mayor Shaw said that Mr. Ryden or Susan Kimball have been attending the meetings for the Borough.  Reimbursements for these services are suppose to come out of grant money.

 

Councilwoman Wilson said Bill Ryden recommended the Council make a decision on how to proceed. However, Mrs. Kimball said there is not enough information to make a decision and the Borough needs to continue with the process.

 

The Centennial Committee is now meeting twice a month.

 

The report on Shared Services Task Force was moved up on agenda.

 

Motion by Councilman McWilliams, second by Councilwoman Wilson, to close the public portion of the meeting and reenter Executive Session with all members in favor signifying by “Aye.

 

Motion by Councilman Happer, 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.”

 

89-09 – Appointing Chief Tovo as Interim Borough Manager

Council Member

By:

2nd:

Yes

No

Abstain

Absent

McWilliams

X

 

X

 

 

 

Emr

 

X

X

 

 

 

Jackson

 

 

X

 

 

 

Gormally

 

 

X

 

 

 

Happer

 

 

X

 

 

 

Wilson

 

 

X

 

 

 

Shaw

 

 

X

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

12. ADJOURNMENT

      On motion by Councilman Jackson, second by Mayor Shaw, 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