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