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

 

 

X

 

 

 

 

 

X

 

 

 

Emr

 

 

X

 

 

 

 

 

X

 

 

 

Jackson

X

 

X

 

 

 

 

 

X

 

 

 

Gormally

 

 

X

 

 

 

 

X

X

 

 

 

Happer

 

 

 

 

 

X

 

 

X

 

 

 

Bravo

 

X

X

 

 

 

X

 

X

 

 

 

Shaw

 

 

 

 

 

X

 

 

X

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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

 

 

X

 

 

 

 

 

 

 

 

 

Emr

 

 

X

 

 

 

 

 

 

 

 

 

Jackson

 

 

X

 

 

 

 

 

 

 

 

 

Gormally

 

X

X

 

 

 

 

 

 

 

 

 

Happer

X

 

X

 

 

 

 

 

 

 

 

 

Bravo

 

 

X

 

 

 

 

 

 

 

 

 

Shaw

 

 

X

 

 

 

 

 

 

 

 

 

    

 

 

 

 

 

 

 

 

 

 

 

 

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

 

 

 

 

 

 

 

 

 

 

 

 

Emr

 

 

 

 

 

 

 

 

 

 

 

 

Jackson

 

 

 

 

 

 

 

 

 

 

 

 

Gormally

 

 

 

 

 

 

 

 

 

 

 

 

Happer

 

 

 

 

 

 

 

 

 

 

 

 

Bravo

 

 

 

 

 

 

 

 

 

 

 

 

Shaw

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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

 

 

 

 

 

 

 

 

 

Emr

X

 

 X

 

 

 

 

 

 

 

 

 

Jackson

 

 

 X

 

 

 

 

 

 

 

 

 

Gormally

 

 

 

X

 

 

 

 

 

 

 

 

Happer

 

 

 

X

 

 

 

 

 

 

 

 

Bravo

X

 

 

X

 

 

 

 

 

 

 

 

Shaw

 

 

 

X

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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