BOROUGH OF MOUNTAIN LAKES

MORRIS COUNTY

APRIL 26, 2010

8:00 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 5, 2010 and posted in the municipal building.

 

      Mayor Bravo called the meeting to order at 8 p.m.

 

2.  ATTENDANCE AND FLAG SALUTE

       All Council members were present.

Also in attendance were Borough Attorney Marty Murphy, Borough Manager Barry Lewis, Jr., and Borough Clerk Christina Whitaker.

 

      3. COMMUNITY ANNOUNCEMENTS

The Mountain Lakes Fire Department will hold its annual dinner dance on Saturday, May 8, 6:30-11:00 PM, at Zeris Inn.

 

4. PUBLIC COMMENT

Mayor Bravo explained the Council’s policy of limiting each speaker to five (5) minutes and no yielding of time to another person.

 

 Mayor Bravo opened the public comment portion of the meeting with the consent of the Council.

 

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

 

5. ORDINANCE 04-10

       ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO 

       ESTABLISH A CAP BANK (N.J.S.A. 40A: 4-45.14)

Council Member

By

2nd

Yes

No

Abstain

Absent

By

2nd

Yes

No

Abstain

Absent

McWilliams

 

X

X

 

 

 

 

 

 

 

 

 

Emr

 

 

X

 

 

 

 

 

 

 

 

 

Jackson

 

 

X

 

 

 

 

 

 

 

 

 

Gormally

 

 

X

 

 

 

 

 

 

 

 

 

Happer

 

 

X

 

 

 

 

 

 

 

 

 

Shaw

X

 

X

 

 

 

 

 

 

 

 

 

Bravo

 

 

X

 

 

 

 

 

 

 

 

 

Following introduction, the above ordinance will be published in accordance with the law and a public hearing will be held on May 10, 2010.

 

 

6. INTRODUCTION OF 2010 BUDGET

 Motion by Councilman Shaw, second by Councilman Happer, to introduce the budget as 

 presented.

 

      Prior to the Roll Call vote, the Council had a discussion on several matters for clarification

      purposes.

 Mr. Lewis explained that all other appropriations and revenue amounts remained the same

 as the spreadsheet previously presented, except for the following:

 

·                  Clean Communities, Municipal Alliance and Body Armor - These are pass through items, revenues with identical offsetting appropriations.  He had initially inserted the amounts from last year.  However, since we have not received formal notification from the state, we have removed these items.  If the grants are awarded, we will adopt Chapter 159 Resolutions to insert the revenue and offsetting appropriations.  The insertion or deletion of these items has no effect on the taxes to be raised.

·                  Board of Ed. Paving and Security CamerasThese are new anticipated revenues with offsetting appropriations in identical amounts.  These are to record transactions that actually occurred last year and were picked up by Mr. Vrabel in the 2009 audit.   Again, with equal revenues and offsetting appropriations, these items have no effect on the overall budget or taxes to be raised.

·                  Board of Health Salary and Wages - This appropriation is increase by $2,100 from the $3,200 in the original spreadsheet to the correct amount of $5,300 which is the result of a misunderstanding on the  salary allocation.

·                  PERS and PFRS The totals for pension payments remain the same. They are now split, with the majority inside the CAP and a small allowable portion outside the CAP.

·                  Reserve for Uncollected Taxes – This amount is increased approximately $5,000.  This amount, together with the anticipated 2009 Lapsed Appropriation Reserves and the Miscellaneous Revenue Not Anticipated expected, is projected to regenerate the surplus anticipated in the 2010 Budget. 

Councilman Happer noted that the Capital Budget, together with the $225,000 allocated to the fire truck would total $810,000 and that the goal was not to exceed $800,000.

Mr. Lewis proposed reducing the item for Building and Grounds by $10,000.

A motion was made, and seconded, with all members in favor to amend the budget to include the change. 

BE IT RESOLVED that the revenues and appropriation present shall constitute the Municipal  

Budget for the year 2010.

 

BE IT FURTHER RESOLVED that the said Budget be published in the Daily Record in the issue of the May 5th, 2010.

 

The Governing Body of the Borough of Mountain Lakes does hereby approve the following as the Budget for the year 2010 by Roll Call vote.

 

Council Member

By:

2nd:

Yes

No

Abstain

Absent

McWilliams

 

 

X

 

 

 

Emr

 

 

X

 

 

 

Jackson

 

 

X

 

 

 

Gormally

 

 

X

 

 

 

Happer

 

X

X

 

 

 

Shaw

X

 

X

 

 

 

Bravo

 

 

X

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Notice is hereby given that the Budget and Tax Resolution was approved by the Governing Body of the Borough of Mountain Lakes, County of Morris.

     

A Hearing on the Budget and Tax Resolution will be held at Borough Hall on May 24, 2010 at 8 p.m. or soon thereafter, at which time and place objections to said Budget and Tax Resolution for the year 2010 may be presented by taxpayers or other interested persons.

 

The Council requested that the budget be posted on the Borough website and that a blast email be sent once the budget was online.

 

7.*RESOLUTIONS

    R 68-10 Approving Settlement Agreement/DEP

    R 69-10 Authorizing Additional Lake Bed Mapping

    R 70-10 Awarding Contract for Energy Audit

    R 71-10 Payment of Bills

    R 72-10 Change Order/Fire Truck

    R 73-10 Municipal Housing Liaison

 

     8 *MINUTES

         April 12, 2010 – Regular

         April 12, 2010 - Executive

 

     Councilman Happer said he would like to see an annual report on the dams.

 

     Following a discussion and with the recommendation of the Borough Manager, the Council

     supported having an annual appointment of a dam consultant at each reorganization meeting.

 

Council Member

By:

2nd:

Yes

No

Abstain

Absent

McWilliams

 

 

X

 

 

 

Emr

 

 

X

 

 

 

Jackson

X

 

X

 

 

 

Gormally

 

 

X

 

 

 

Happer

 

 

X

 

 

 

Shaw

 

X

X

 

 

 

Bravo

 

 

X

 

 

 

 

 

 

 

 

 

 

 

 

     

 

 

 

       9. ATTORNEY REPORT

        Mr. Murphy had nothing to report.

 

       10.  MANAGER’S REPORT

       Mr. Lewis explained that the Borough’s alcohol beverage license ordinance

       needed to be amended. As written, the ordinance does not permit the transfer of place to

       place licenses, or the issuing of licenses, unless the establishments are 1500 feet from

       each other.  None of the Borough retail liquor establishments presently comply with the 1500 foot

       required in the ordinance, and it is unlikely that they even could comply.          

      

       The Council authorized Mr. Lewis and Mr. Murphy to amend the ordinance for introduction at a

       future meeting.

 

Mr. Lewis was contacted by Mr. and Mrs. Ippolito regarding their property at 15 Crestview Road.  In March, 2009 Tobia Ippolito requested that the Council allow him to purchase the paper road contiguous to his property. At the time Mr. Ippolito planned to raze the existing house at 15 Crestview Road and build a new one in its place. However, the Ippolito’s learned that the property had frontage on a paper road (North Glen), which affected the standards applicable to corner lots in the Borough.

At that time, the consensus of the Council was to continue its policy of not selling Borough owned property and suggested the Ippolitos go to the Board of Adjustment.

The Board of Adjustment said the property owners needed a 40 foot setback on both Crestview and N Glen and denied the requested variance. The property owners maintain that the requirement would make the configuration of a dwelling unlike all others on the street in that it would face the paper road instead of Crestview.

 

Councilman Jackson requested the Manager review whether the property was subdividable.

 

It was the consensus of the Council not to vacate the paper road at this time.

 

       The concerns of the Condo owners and the business park appear to have been resolved.           

 

       Deputy Mayor Gormally said the Environmental Commission would like copies of the reports from

       NJDEP on the Hess Station monitoring walls.

 

      Mr. Lewis hopes to conclude interviews for the office position by the end of the week and

      make a decision soon after. 

 

11. COUNCIL REPORTS

Councilman McWilliams reported that the shredding day proceeds were $364.

 

Councilman Jackson reported that Woodlands continues to work on the pocket parks.

Lakes Management is looking forward to the mapping to be completed for the lakes.

 

The Planning Board will hear the concerns of the Historic Preservation Committee that there be

an updated historic preservation element to the Master Plan.

 

Councilman Shaw said he was disappointed that the HPC wants the Planning Board to rush one element of the . The Planning Board spent a great deal of time on the reexamination report  

and reviewing all the recommendations.   The Planning Board was working on a total rewrite of the Master Plan, not just one section, He said that one element could affect other elements.

   

     Councilman Happer said after spending time with the Web Site Committee he had a good

     appreciation for all that they do.  He said the Committee advised clearing some Mountain Lakes e-

     mails from Borough and Council members’ computers.

 

     COAH/Highland Report (hereto attached) 

     Councilman Shaw reviewed the COAH-Highlands subcommittee report. He pointed out that the

     issues are complex and fluid.

    

     The Shared Services Committee will continue to meet and is pursuing discussions with

     neighboring communities.

 

     Councilman Jackson said he would like the COAH/Highland Committee to consider the option of

     the Borough going on its own in providing affordable housing opportunities. Specifically he  

     thought we should know what our options and powers are.

 

     Mayor Bravo informed the Council that John Sternberg had resigned from the Centennial

     Committee because the meetings are scheduled at 10:30 a.m. on weekdays which conflicts with

     work.  A new member is needed.

 

     Appointments are still needed for the Environmental Commission, Recreation Commission and

     Memorial Day Committee.

 

      Mayor Bravo announced that Jay Eveleth has been named Citizen of the Year and Frank

      Dunn will receive the Janice Hunts Award.

 

     12. ADJOURNMENT

     Motion by Councilman Jackson, second by Councilman Shaw, to adjourn the meeting at

     9:40 p.m., with all members in favor signifying by “Aye.”

 

*Consent Agenda

 

 

 Attest:_______________________                       ________________________   

          Christina Whitaker, Clerk                                    Blair Bravo, Mayor