BOROUGH OF MOUNTAIN LAKES COUNCIL MEETING
MONDAY, AUGUST 24, 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 except
for Deputy Mayor Gormally, who arrived at 7:31.
Also in attendance were
Borough Attorney Marty Murphy, Interim Borough Manager Robert Tovo, and
Executive Assistant Michele Reilly.
3. EXECUTIVE SESSION
Resolution 104-09
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:
·
Search
Committee Update
·
Pending
Litigation/Murphy and Zhao
·
Negotiations
with Denville Courts
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 Deputy Mayor Gormally,
second by Blair Wilson, 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.”
4. COMMUNITY ANNOUNCEMENTS
Mayor Shaw complimented the
summer swim team on becoming Hub Lakes and Lakeland champs.
School opens September 2nd.
Councilman
McWilliams commended the Kiwanis for their successful blood drive.
5. PROMOTION OF SGT. GILBERTO BENITEZ AND SGT. ANDREW PIOMBINO
Chief
Robert Tovo read a short biography of each officer and the oath was then
administered to Sergeant Benitez and
Sergeant Piombino.
6. OATH OF
OFFICE/PATROLMAN JOHN HUKOWSKI
Chief Robert Tovo read a
short biography and the oath was then administered to Patrolman Hukowski.
7. SPECIAL PRESENTATION/SHARED
SERVICE TASK FORCE/SURVEY
Shared Services Committee
Member Dana Pogorzelski made a presentation to the Council regarding the development
of the community survey. Chair Peter Holmberg addressed Mayor Shaw’s question
regarding the timing of the survey and community presentations, which is
planned for October 1st with the survey to be mailed immediately
after. After Ms. Pogorzelski’s presentation, Mayor Shaw opened the floor to
Council for questions and comments regarding the survey’s content. Discussion
occurred regarding different aspects of the survey, including the dollar
amounts associated with the Borough Hall renovation and repairs, the bundling
of certain services, and the number of surveys sent per household. Ms.
Pogorzelski asked the Council to provide her with edits. The Committee predicts
a 20% response rate. Mayor Shaw thanked the Committee for their time and
effort.
8. PUBLIC
COMMENT
Mayor Shaw opened the public
comment portion of the meeting with the consent of the Council.
Steve
Butera – Hanover Road
Mr.
Butera commented on the Shared Services Committee presentation. He said the
survey should be independent of the question regarding a new Borough Hall.
Christopher
Stitt – Larchdell Road
Mr.
Stitt discussed his idea for a music festival fundraiser for the Medical Needs
Foundation in June 2011, possibly coinciding with the Centennial Committee
activities. He wanted permission and/or input from the Council. All agreed this
was a good idea. Mr. Stitt also expressed his appreciation for the Police and
for the exemplary professionalism of the officers in the Borough.
With
no one else wishing to be heard, Mayor Shaw closed the public comment portion
of the meeting.
Mayor
Shaw addressed Mr. Butera’s comments regarding the survey and its inclusion of
the question about the Borough Hall. Mayor Shaw indicated the mission statement
of the Shared Services Task Force, adopted by the Council in February, linked
the renovations and a possible addition to Borough Hall to the Committee’s
work.
9. ORDINANCES
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.
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 |
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X |
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X |
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Emr |
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X |
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X |
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Jackson |
X |
|
X |
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X |
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Gormally |
|
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X |
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X |
X |
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Happer |
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X |
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X |
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Bravo |
|
X |
X |
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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 |
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Mayor Shaw opened the Public Hearing.
With no one wishing to be heard he closed the Public Hearing.
Prior to the roll call, Councilman Happer asked about a reference to
Article 2 in
15-5. Mr. Murphy indicated this was a typographical error and would be
fixed.
12-09
ORDINANCE AMENDING
SECTION 9-3 OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF MOUNTAIN LAKES
ENTITLED “HEALTH COMMISSION” TO DELETE THE REQUIREMENT FOR MONTHLY MEETINGS OF
THE COMMISSION
Following
introduction, the above ordinance will be published in accordance with the law
and
a public hearing will be held on September 14, 2009.
Council
Member |
By: |
2nd |
Yes |
No |
Abstain |
Absent |
By |
2nd |
Yes |
No |
Abstain |
Absent |
McWilliams |
|
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X |
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Emr |
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X |
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Jackson |
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X |
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Gormally |
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X |
X |
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Happer |
X |
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X |
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Bravo |
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X |
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Shaw |
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X |
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Prior
to the roll call, Councilwoman Emr indicated this was not a unanimous request
by the Health Commission, but rather a majority request. Mayor Shaw suggested a
language change to include the Chair’s ability to call a meeting. The change will
be made.
13-09
ORDINANCE
AMENDING CHAPTERS 40 and 245 ENTITLED “SUPPLEMENTARY BULK REGULATIONS” OF THE
REVISED GENERAL ORDINANCES OF 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 October 13, 2009.
Prior to the roll call vote to introduce, Council
discussed several issues, including curvature, the extension of existing
variances, and Floor to Area Ratio (FAR). Mayor Shaw indicated he could not
support the Ordinance as written and would prefer to see the section on FAR in
a separate ordinance. Also, Mr. Murphy will check the accuracy of the wording
on the extension of existing variances. The majority of Council agreed to table
the ordinance.
Council
Member |
By: |
2nd |
Yes |
No |
Abstain |
Absent |
By |
2nd |
Yes |
No |
Abstain |
Absent |
McWilliams |
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Emr |
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Jackson |
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Gormally |
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Happer |
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Bravo |
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Shaw |
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14-09
ORDINANCE AMENDING CHAPTER
245 OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF MOUNTAIN LAKES
REGULATING SIGNS
Following
introduction, the above ordinance will be published in accordance with the law
and a public hearing will be held on October 13, 2009.
Prior to the roll call vote
to introduce, Council discussed several issues, including the confusion over
setbacks, zoning enforcement, house identification and conditional use signs,
and “edge of pavement” language. Councilman McWilliams introduced a motion to
amend the ordinance to ten (10) feet with a second by Councilman Jackson. The
motion was defeated and a vote was taken on the ordinance as written.
Council
Member |
By: |
2nd |
Yes |
No |
Abstain |
Absent |
By |
2nd |
Yes |
No |
Abstain |
Absent |
McWilliams |
|
|
X |
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Emr |
X |
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X |
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Jackson |
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X |
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Gormally |
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X |
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Happer |
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X |
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Bravo |
X |
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X |
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Shaw |
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X |
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10. *RESOLUTIONS
R 103-09 Payment of Bills
11. *MINUTES
July 27, 2009 – Regular
July 27, 2009 - Executive
12. *DEPARTMENT REPORTS
A.
Construction Official
B. Police Department
C. Fire Department
D. DPW
E. Health Officer
*Consent Agenda Vote
Prior to
the roll call vote, Councilman Jackson presented minor corrections to the
minutes. Councilman Happer had a question regarding the charge by L-Soft for
the Broadcast Email software and whether or not this was a yearly fee.
Additionally, Councilman Happer requested a status on the fire truck. Mayor Shaw
had a question regarding the bill for the locksmith. Councilman Happer asked
about water repairs and which line item they should be recorded under, as well
as a status update regarding water meter updates. Interim Manager Tovo
indicated DPW Director Mark Prusina is working on a presentation. Councilman
Jackson reiterated the Council would like a major presentation on water and
sewer.
Council Member |
By: |
2nd: |
Yes |
No |
Abstain |
Absent |
McWilliams |
|
X |
X |
|
|
|
Emr |
|
|
X |
|
|
|
Jackson |
|
|
X |
|
|
|
Gormally |
X |
|
X |
|
|
|
Happer |
|
|
X |
|
|
|
Bravo |
|
|
X |
|
|
|
Shaw |
|
|
X |
|
|
|
13. ATTORNEY’S
REPORT
Mr. Murphy
had nothing to report.
14. MANAGER’S
REPORT
Interim Manager Tovo
updated the Council on the status of the paving projects. A pre-construction
meeting is being held, and there will be three paving projects taking place.
Mr. Tovo also reported on the number of inquiries and concerns regarding goose
droppings, especially at Island Beach. The DPW has been instructed to clean the
areas not cleaned by the lifeguards every other day, especially near the dock.
This policy will take effect next year, since the swim season is over. Mayor
Shaw advised that he noticed a big increase in geese and that the Borough might
consider other strategies next year. Councilwoman Emr discussed the need for
new homeowners to maintain existing goose barriers.
Councilman Jackson
commented on the success of the current Esplanade project, with Councilwomen
Emr and Bravo agreeing. Mayor Shaw brought up a letter from Cerbo regarding Mr.
Cerbo’s desire to make a donation of $2250 and get involved in the landscaping
aspect of the Esplanade project. Council was in agreement to accept the
donation. Councilwoman Bravo inquired about a plan to maintain the landscaping,
and Mr. Tovo will look into this.
In reference to the
budget to date, Mr. Tovo reported the Borough is on track. Mr. Tovo also met
recently with Mr. Prusina and Borough Engineer Bill Ryden from Anderson &
Denzler to discuss appropriate lake water levels. This discussion is ongoing,
and opinions are being solicited from the public as well as Allied Biological
and the Lakes Management Committee. Mr.
Tovo reported that Mr. Ryden recommends the Borough order a temporary dam for
Wildwood Dam and set it before the freeze. Prices are being investigated and
Mr. Ryden will advise as to the appropriate installation date. Also, Mr. Tovo
spoke about the warped boards at Mountain Lake Dam that will be replaced by
smaller, plastic boards. A valve system is also being considered. Mr. Tovo also
informed Council that the Borough has worked with Converse Consultants and is
currently in compliance with the required DEP reports.
Mr. Tovo spoke about the
Broadcast Email and the memo distributed to Council regarding the Manager’s
policy. Mayor Shaw complemented Mr. Tovo on his guidelines and Council had
positive praise for the Broadcast Email.
Mr. Tovo also spoke
about the recent Borough auction, and the possible need for an on-line auction
regarding larger items, such as some vehicles. The Manager was given discretion
to handle the on-line auction. Mr. Tovo talked about COAH/Highlands,
specifically that demolitions will not be a factor based on COAH’s
interpretation. Mayor Shaw pointed out the extension date of September 8, 2009
was extended even further to June 8, 2010. Councilwoman Bravo indicated the
Committee is still committed to their original timeline and plans to present
recommendations to Council in October. The Committee is also considering a
joint meeting with Council and the Planning Board.
The Council gave the
Manager discretion to order a stop/loss report from the Borough’s health care
carrier pending the availability of funds. According to Mr. Tovo this report
will allow the Borough to consult other vendors and receive proposals.
Regarding South City
Grill, the Borough Attorney advised the Council that any further discussion
should be moved to Executive Session under potential litigation.
15. COUNCIL REPORTS
MAC
Deputy Mayor
Gormally said this Committee is having difficulty with membership.
Recreation
Councilman
Happer said the Committee would be taking a tour of Birchwood Beach.
Woodlands
Councilwoman Bravo said the
Committee is working on the Dewing project at Morris and Crane. They are also
revisiting the Midvale site at Crescent and Midvale. Also, Denville is moving
ahead with deer control and there is a concern about the increase of deer in
Mountain Lakes.
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 12:10
a.m.
Attest:
___________________________ _________________________
Michele Reilly, Executive
Assistant Stephen H. Shaw, Mayor