BOROUGH OF MOUNTAIN LAKES COUNCIL MEETING
MONDAY, JULY 27, 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 Happer.
Also in attendance were
Borough Attorney Marty Murphy, Interim Borough Manager Robert Tovo, and 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:
·
Court
Negotiations with Denville
·
Interim
Manager Agreement
·
Pending
Litigation
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 Councilman Jackson, to enter into Executive Session with
all members in favor signifying by “Aye.”
Motion by Councilwoman
Wilson, 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.”
3. COMMUNITY ANNOUNCEMENTS
The July 4th
fireworks display was a great success.
The Summer Recreation is
going well with an increase of campers over last year.
4. SPECIAL PRESENTATIONS
Centennial Committee/Stephanie Hoopes Halpin (Chair)
Ms. Halpin said that
the planning for the Centennial celebration in 2011 has a strong start. The
Committee has met four times since being appointed in May 2009.
She provided an outline of accomplishments to date, and events being
planed for 2011
(hereto attached).
The Centennial Steering Committee is working on a budget as well as a
proposal for a
capital project for the event.
Councilman Jackson noted that the HPC is working on a book to be out in
the fall of 2010.
He also suggested the Committee might want to recreate the 75th
anniversary follies.
Shared Service Task Force/Peter Holmberg
Mr. Holmberg provided the Council with a draft of the slide
presentation that will be used
to inform residents of the research done by the Task Force (hereto
attached). A public
forum will precede a survey that will be sent to residents.
Councilwoman Emr noted that a great deal of work has been done by the
Task Force to
reach this point.
Council made suggestions on the slide presentation. Mr. Holmberg asked
Council
members to mark their individual copies with their suggestions and
return them to him.
Council will also provide feedback to Councilwoman Emr and Deputy Mayor
Gormally.
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.
Michael
Feigeles – Boulevard
Mr.
Feigeles told the Council that it needed to hire a manager who was not a
present employee or former employee but someone “who would be a new pair of
eyes.” He said the person should be an expert in technology and be able to
focus on shared services. He told the
Council that it should be able to find someone for the position in the $75,000
range.
Bill
Bethke – Lake Drive
Mr.
Bethke said the new manager should be prepared to do things differently. He
suggested that more cuts in staffing were necessary.
With
no one else wishing to be heard, Deputy Mayor Gormally closed the public
comment portion of the meeting.
Deputy
Mayor Gormally explained the process being followed by the Search Committee for
a new manager. He said the Borough had received numerous applications for the position.
He
informed the public that during the search process Police Chief Tovo was acting
as Interim Manager.
Councilman
Jackson explained that the Search Committee would hold interviews in closed
sessions and it will present its recommendation to the Council sometime within
the next month. He noted however that it was not realistic to expect the
Borough to find a good Manager for $75,000.
6. ORDINANCE
09-09
ORDINANCE AMENDING THE
REVISED GENERAL ORDINANCES OF THE BOROUGH OF MOUNTAIN LAKES AND ESTABLISHING
SOLID WASTE RECYCLING REGULATIONS
If adopted this ordinance shall
take effect after publication and passage as provided by
law. Public Hearing
Council
Member |
By: |
2nd |
Yes |
No |
Abstain |
Absent |
By |
2nd |
Yes |
No |
Abstain |
Absent |
McWilliams |
|
|
X |
|
|
|
|
X |
X |
|
|
|
Emr |
|
|
X |
|
|
|
|
|
X |
|
|
|
Jackson |
X |
|
X |
|
|
|
|
|
X |
|
|
|
Gormally |
|
|
X |
|
|
|
|
|
X |
|
|
|
Happer |
|
|
X |
|
|
|
|
|
|
|
|
X |
Bravo |
|
X |
X |
|
|
|
X |
|
X |
|
|
|
Shaw |
|
|
X |
|
|
|
|
|
|
|
|
X |
Deputy
Mayor Gormally opened the Public Hearing.
With
no one wishing to be heard he closed the Public Hearing.
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
If adopted this ordinance
shall take effect after publication and passage as provided by
law. Public Hearing
Council
Member |
By: |
2nd |
Yes |
No |
Abstain |
Absent |
By |
2nd |
Yes |
No |
Abstain |
Absent |
McWilliams |
|
|
X |
|
|
|
|
X |
X |
|
|
|
Emr |
|
|
X |
|
|
|
|
|
X |
|
|
|
Jackson |
|
|
X |
|
|
|
|
|
X |
|
|
|
Gormally |
|
|
X |
|
|
|
|
|
X |
|
|
|
Happer |
X |
|
X |
|
|
|
|
|
|
|
|
X |
Bravo |
|
X |
X |
|
|
|
X |
|
X |
|
|
|
Shaw |
|
|
X |
|
|
|
|
|
|
|
|
X |
Deputy
Mayor Gormally opened the Public Hearing.
With
no one wishing to be heard he closed the Public Hearing.
11-09
ORDINANCE
AMENDING THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF MOUNTAIN LAKES
REGULATING THE APPLICATION OF FERTILIZER WITHIN THE BOROUGH OF MOUNTAIN LAKES
Following introduction, the above ordinance will be
published in accordance with the law
and a public hearing will be held on August 24, 2009.
Prior to the roll call vote
to introduce Councilman Jackson asked why this ordinance was
necessary since the Borough had a similar ordinance in place.
Brian Marshall explained that this ordinance was one of three that
would need to be
adopted under the NJDEP regulation
on stormwater management. Since the
Borough is
located in the Passaic Water Basin,
the State has mandated the adoption of the
ordinance that eliminates the use
of all phosphorus except for new lawns.
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 |
|
|
|
|
|
|
Bravo |
|
X |
X |
|
|
|
|
|
|
|
|
|
Shaw |
|
|
|
|
|
X |
|
|
|
|
|
|
7. DISCUSSION
A. Joint
Ordinance Committee
Following a discussion on
recommendations made by the Joint Ordinance Committee
the Council authorized the Borough Attorney to draft an
amendment to the ordinance for
introduction at the August 24 meeting. (Recommendations
hereto attached)
8. *RESOLUTIONS
R 90-09 – Auction of Surplus Friday not Saturday
R 91-09 – North Jersey Municipal Employees Benefits Fund
R 92-09 - Award Contract Road Improvements
R 93-09 – OEM
R 94-09 – Cerbo Tree Planting
R 95-09 – Extension of Tax Rate
R 96-09 – Item of Revenue
R 97-09 – item of Revenue
R 98-09 – Item of Revenue
R 99-09 – item of Revenue
R 100-09 – Payment of Bills
R101-09 – Refund
9. *MINUTES
June 22, 2009 – Regular
June 22, 2009 - Executive
10. *DEPARTMENT REPORTS
A.
Construction Official
B. Police Department
D. Fire Department
E. DPW
Council Member |
By: |
2nd: |
Yes |
No |
Abstain |
Absent |
McWilliams |
X |
|
X |
|
|
|
Emr |
|
|
X |
|
|
|
Jackson |
|
|
X |
|
|
|
Gormally |
|
|
X |
|
|
|
Happer |
|
|
|
|
|
|
Bravo |
|
X |
X |
|
|
|
Shaw |
|
|
|
|
|
|
11. ATTORNEY’S REPORT
Mr. Murphy said he was working on the sign
ordinance and hoped to have a draft ready for the August 24 meeting.
12. MANAGER’S REPORT
South
City Grill
Chief Tovo updated the Council on an incident that
occurred on July 19, at 2:13 a.m. at the South City Grill. There were about 200
people attending a party sponsored by someone other than the restaurant, when a
fight among the partygoers broke out. The Parsippany, Denville and Boonton
police provided backup. The Chief said this was the first time since being
Chief that extra help was needed. He
explained ABC
guidelines relevant to such an incident and how it might affect South City
Grill’s liquor license.
The Borough Attorney advised the Council that any
further discussion should be moved to Executive Session under potential litigation.
Chief Tovo reported that there would be a
preconstruction meeting on paving projects, with Tilcon representatives,
Borough Engineer Bill Ryden, and Mark Prusina when the DPW Director returns
from vacation.
13. COUNCIL REPORTS
Appointments:
Planning
Board (see memo)
Motion
by Councilman Jackson, second by Deputy Mayor Gormally to appoint John
Zamierowski
to the Planning Board as 2nd alternate, with all members in favor
signifying
by
“Aye.”
Centennial
Committee
Motion
by Councilman Jackson, second by Councilwoman Bravo, to appoint Jane
Hayward
to the Centennial Committee, with all members in favor signifying by “Aye.”
Municipal
Alliance Committee
Susan
Ragland, chair of the MAC, has decided not to stay on for another year.
Environmental
Commission
Councilwoman Emr said the County wants to do a
pilot program with GIS. She said the Susan Pinto is hoping there will be grant
money to help pay for its cost.
A
riparian buffer ordinance will soon be ready for introduction.
Health
Commission
The Health Commission has asked for a
change in its charter that would require meeting every quarter in the year
rather than every month. An amendment to the ordinance establishing the
Commission will be drafted for introduction at the next meeting.
COAH/Highlands
Committee
Councilwoman Bravo said the Committee
met to review the latest module. Another meeting is planned for August 10.
Motion by Councilwoman Bravo, second by Councilman
Jackson, to reenter Executive Session, with all members in favor signifying by
“Aye.”
Motion by Councilman Jackson, second by Councilman
McWilliams to close the Executive Session, with all members in favor signifying
by “Aye.”
14.
ADJOURNMENT
On motion by Councilman McWilliams, second by
Councilman Jackson, the meeting was adjourned at 10:30 p.m.
*Consent Agenda
Attest:
___________________________ _________________________
Christina Whitaker,
Clerk Charles Gormally, Deputy Mayor