BOROUGH OF MOUNTAIN LAKES COUNCIL MEETING/ WORK SESSION

BOROUGH OF MOUNTAIN LAKES COUNCIL MEETING

MONDAY, JUNE 28, 2010

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 5, 2010 and posted in the municipal building.

Mayor Bravo called the meeting to order at 8:01 p.m.

2. ATTENDANCE AND FLAG SALUTE

All Council members were present except for Deputy Mayor Gormally, who was absent. Also in attendance were Borough Attorney Jim Bryce, Borough Manager Barry Lewis, Jr., and Executive Assistant Michele Reilly.

3. COMMUNITY ANNOUNCEMENTS

Mayor Bravo reminded residents to send in their donations to help support the Fourth of July fireworks, which would be occurring over Mountain Lakes on Sunday, July 4^th, at 9 pm. The Mayor mentioned she had received some calls from residents concerning the limited viewing access. Council members discussed various sites for watching the fireworks.

Councilman Shaw said the beaches had opened for the summer on Thursday, and expressed thanks to the Beach and Recreation Directors. He also reminded residents of the Family Fun Races at the Mountain Lakes Club on the morning of July 4^th.

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 portion of the meeting.

5. CENTENNIAL COMMITTEE PRESENTATION OF BANNER

Mayor Bravo introduced the Chair of the Centennial Committee, Stephanie Hoopes Halpin. Ms. Halpin presented the first mock-up of the Centennial banners, which will be a major fundraiser for the Centennial Committee. The last name of the family purchasing the banner will be printed on the bottom, and the banner will be hung in the Borough for a year, at the end of which it will be presented to the family. The Council discussed hanging a sample banner, as well as alternate sites to hang banners if there is no more room on the Boulevard (Midvale and Intervale Roads were mentioned). The consensus was to allow the Committee to move forward with the banners. Councilman Happer asked if the Borough needed special permission to hang the banners on the utility poles, and Mr. Lewis said he has been in contact with JCP&L to begin the process. Ms. Halpin asked the Council for special recognition for two Committee members who were instrumental in the design process for the banners: Lili Rosenstreich and Carisa Wangsness.

6. ORDINANCE

07-10

BOND ORDINANCE PROVIDING FOR VARIOUS CAPITAL IMPROVEMENTS

OF THE BOROUGH OF MOUNTAIN LAKES, IN THE COUNTY OF MORRIS, NEW JERSEY, APPROPRIATING THE AGGREGATE AMOUNT OF $575,500. THEREFORE AND AUTHORIZING THE ISSUANCE OF $546,725. BONDS OR NOTES OF THE BOROUGH TO FINANCE PART OF THE COST THEREOF.

If adopted this ordinance shall take effect after publication and passage as provided by law.

Public Hearing

Mayor Bravo opened the Public Hearing.

With no one from the public wishing to be heard, Mayor Bravo closed the Public Hearing.

Council Member

By:

2^nd

Yes

Abstain

Absent

2nd

Yes

Abstain

Absent

McWilliams

Emr

Jackson

Gormally

Happer

Shaw

Bravo

7.DISCUSSION

A. 2010 Council Goals

Mayor Bravo indicated that she had reviewed the 2010 Council Goals and wanted the chairs of each Committee to update the Council on their progress.

Councilman Shaw said the Shared Services Committee is still meeting monthly. To date, the Committee has explored some shared services options with Boonton Township. Mr. Lewis will be communicating with the Mountain Lakes Board of Education to review the shared DPW arrangement. Councilman Shaw said the Committee had discussed merging the Planning and Zoning Boards into a Land Use Board, but did not feel this was a worthwhile option at this time. Mayor Bravo asked Councilman Shaw if the Committee would be prepared to give an update at the October meeting and he said they would do so. Councilwoman Emr asked about sharing the JetVac with Boonton Township. Mr. Lewis said the Township has been given cost information, but they have not responded to the Borough.

Regarding the Facilities Goals, Mayor Bravo asked about the energy audit. Mr. Lewis reported the audit was in process, with the consultant returning Wednesday for additional field work. Councilman Happer asked about a target date for the energy audit report, and Mr. Lewis felt that the Borough would have this information by late July or early August. In reference to relocating the Board of Education offices to a school facility, the consensus of the Council was to create a Council liaison which would then approach the Board to discuss facilities issues. The subcommittee liaison will consist of Councilmen Happer, Jackson, and Shaw. Mayor Bravo asked that they report back to the Council in September.

Mayor Bravo reviewed the goals for Fiscal Management. She asked for an update from the Manager and the Finance Committee at the September 13^th Council meeting. She also asked Mr. Lewis to speak about the grants he is preparing. Mr. Lewis announced the Borough was the recipient of a Morris County Historic Preservation Trust Grant in the amount of $16,000. The grant application process was a cooperative effort with the Board of Education, Joan Nix and SueAnn Sylvester. As a recipient of this grant, the Borough is in a strong position to apply for and hopefully receive a grant to replace the roof of the Lake Drive School. Councilwoman Emr complimented Mr. Lewis and said she was thrilled the Borough had received the grant money.

The Council discussed the remaining 2010 Goals. Regarding the review of all personnel policies and benefits, Mr. Lewis is to report to the Council by the end of July. As Chair of the Personnel Committee, Councilman Jackson indicated that he believed this review to be of the highest priority and absolutely critical. He felt Mr. Lewis should present to the Personnel Committee before reporting to the Council.

Councilman Shaw said the COAH report had been completed and sent to the Council. The conclusion was that the Borough should not take action at present until the Council has a better idea of what is developing in Trenton.

The Council noted that the transition to a shared court with Denville has been completed. The Environmental Resource Inventory has been completed and the text will be on-line shortly. The Borough’s Broadcast Email has over 600 subscribers and the Borough continues to promote sign-ups. Mayor Bravo said that a discussion on paper roads and an update on the status of the personnel review would definitely be on the July agenda.

Councilman McWilliams spoke about what he felt was a lack of Zoning Enforcement within the Borough. He said there were many misconceptions as to what was enforceable by Borough ordinance, for example, the ability of a resident to have a POD. He thought it was possible that some ordinances were mistakenly left out of the code enforcement books when these books were updated. He said he had asked Mr. Lewis and Rita Sharp, the Construction Official, to keep notes on enforcement issues. After some discussion, Mayor Bravo asked Councilman McWilliams to prepare a discussion item for the August 23^rd meeting. Councilman Jackson mentioned that the Borough Clerk should be consulted to see if a proof and control process was being followed when the code books were updated.

8. *RESOLUTIONS

R 89 Payment of Bills

R 90 Application for Membership to NJ State Firemen’s Association/Happer

R 91 Supplemental Salary/Tovo

9. *MINUTES

June 14, 2010

Before the Consent Agenda vote, Councilman Jackson asked that Resolution 91-10 be pulled, and he had an update to the minutes. Councilman Shaw asked that Resolution 90-10 be pulled for a separate vote. Mr. Lewis indicated he wanted to add to Resolution 89-10 the payment of $5800 to the HS&A as the Borough’s contribution to the HS&A Bulletin. Councilman Happer had corrections to the minutes.

Councilman Happer was wondering if the two payments on the bills list to DiGuiseppi were duplicate payments since the same purchase order was referenced. Mr. Lewis said these were not duplicates. Councilman McWilliams asked about the payment to Archive Systems, and he was wondering if this was an annual fee. Mr. Lewis said he thought the Borough paid an annual feel plus monthly fees if retrieval was necessary. Residents pay the retrieval fee if they specifically request an item from archives.

Councilman Happer brought up the payment to HD Supply Waterworks, and was wondering what the Borough’s position was regarding upgrading the water meters. Councilman Jackson said he thought Borough Engineer Bill Ryden and Mr. Mark Prusina, DPW Director, were going to give a presentation to the Council on the new meters and their vendors. Mr. Lewis explained that all the existing meters are census meters, and that they are capable of being upgraded to radio read meters. Councilman McWilliams thought the issue of upgrading water meters had been decided last year. Mayor Bravo recommended last years minutes be reviewed to determine if a decision had been made. If not, a comprehensive plan should be put in place.

Council Member	By:	2^nd	Yes	No	Abstain	Absent
McWilliams		X	X
Emr			X
Jackson			X
Gormally						X
Happer	X		X
Shaw			X
Bravo			X

Consent Agenda minus Resolution 90-10 and 91-10

Councilman Jackson commended Andrew Happer on his completion of Fireman 1 training, as well as his EMT training. Councilman McWilliams said the Fire Department was thrilled to have Mr. Happer as a member. He was a real asset and the Department was appreciative of his service. Councilman Shaw echoed the comments made and said Mr. Happer was a credit to the whole Junior Fire Department. Councilman Happer said he was very proud of his son and that he had gotten a lot out of his membership in the Fire Department.

Council Member	By:	2^nd	Yes	No	Abstain	Absent
McWilliams			X
Emr			X
Jackson		X	X
Gormally						X
Happer					X
Shaw	X		X
Bravo			X

R 90-10 Application for Membership to NJ State Firemen’s Association/Happer

Councilman Jackson commented that he was still bothered by Resolution 91-10, Supplemental Salary/Tovo. He did not think the stipend Chief Tovo received as the Emergency Management Coordinator for the Borough was pensionable. Also, he felt strongly that the stipend was supposed to less than $5000. He asked Mr. Lewis to discuss these two concerns with former Borough Manager Joe Tempesta. After discussion by the Council, Borough Attorney Jim Bryce recommended the Resolution be tabled until the next meeting.

10. ATTORNEY’S REPORT

Mr. Bryce had no report. Councilman Jackson asked Mr. Bryce if he had spoken with Mr. Murphy, also the Borough’s attorney, about paper roads and easements. Mr. Bryce said he had. Mr. Lewis explained that Mr. Murphy was on vacation, but he expected a full report on the paper roads from Mr. Murphy at the next meeting.

11. SPECIAL RESOLUTION

Mayor Bravo asked the Council to give their consent to the special resolution (SR 02-10) for Harry and Carol Model on the occasion of their fiftieth (50^th) wedding anniversary. The Council unanimously consented to pass this resolution.

12. MANAGER’S REPORT

Mr. Lewis updated the Council on the energy audit; field work is continuing. The DOT Grant application is in progress and the deadline was extended to August. Mr. Lewis is working on this grant in conjunction with Borough Engineer Bill Ryden. He is also going to submit a Morris County Open Space grant in July regarding the King of Kings property. In reference to the cell tower, Mr. Lewis will forward the color photos to the Council for their review.

Mr. Lewis said the internal structure has been removed on the Mountain Lakes Dam. Councilwoman Emr thought the vegetation in the surrounding area had been clear-cut, and Mr. Lewis said he would investigate. Mr. Lewis recognized the Beach Director, Dede Conlan, and the Recreation Director, Celia Flynn, for their hard work in the getting the beaches and the recreation program up and running for the summer. Councilwoman Emr asked about the ropes in the lake by the Mountain Lakes Club. She said the Club is not allowed to section off the water to create a swim area. Mr. Lewis explained he is reviewing the code and encroachment issues. Councilwoman Emr also asked about the spillway at Wildwood, and Mr. Lewis said the water level is at the yellow line as requested. The Borough currently is taking interim measures to replace the boards at the Wildwood Dam.

Councilman Happer asked about the year end audit report. Mr. Lewis reminded the Council that they have an obligation to review the audit and sign a group affidavit. Councilman Happer asked that copies of the report be forwarded to the Finance Committee. After some discussion, the Council asked Mr. Lewis to invite Mr. Tim Vrabel, the Borough Auditor, to discuss the findings of the report at a subsequent Council meeting.

Councilman Jackson asked about the fire truck, and Councilman Happer said delivery was on track for August. Councilman Jackson asked about street signs. Mr. Lewis reported that the Federal regulations regarding replacement of street signs had been delayed considerably. However, the Borough was still working on a replacement plan and Mr. Lewis recently met with Mr. Prusina and a representative from 3M. Councilman Happer asked if the street signs could be washed because visibility is an issue.

13. COUNCIL REPORTS

Traffic & Safety Committee: Councilwoman Emr indicated the Committee is checking street signs for visibility, recommending trimming of vegetation if necessary, and reviewing the number of crosswalks and crossing guards. Councilwoman Emr discussed the possibility of pedestrians using crosswalk flags to signal drivers that they were waiting to cross.

Woodlands Committee: Councilman Jackson said the Committee has been discussing animals and invasives.

Planning Board: Councilman Jackson said the Planning Board completed the redraft of the HPC element of the Master Plan. The document will be submitted for a public vote at the next meeting. He encouraged all Council members to read the redraft. He also said he anticipated the HPC would be drafting an ordinance based on the revisions incorporated in the document. Councilman Shaw expressed disappointment in the revision process. He said the original plan was to complete an entire Master Plan revision, and it appeared that this one element, which has far-reaching implications for the Borough, was being rushed through. Mayor Bravo expressed concern as well.

Recreation Committee: Councilman Shaw reported that the Recreation Department is very busy. There are more than 160 children signed up for summer camp, a huge increase since last year. The Recreation Committee is attempting to determine a policy regarding requests for private parties on the beach.

Finance Committee: Councilman Shaw said the Finance Committee would meet Thursday.

Councilwoman Emr expressed her concern that Tennis Tag Checkers were needed. Although the Park Ranger visits the courts, she reported he did not ask for tags or identification as the tag checkers used to.

Governor Christie’s 2.5% cap: Mayor Bravo asked if the Council would support the Governor’s 2.5% cap. The Governor sent a letter asking for the Mayor’s support of his planned reforms. Councilman Shaw made a motion to agree that Mayor Bravo should sign the letter, with a second by Councilman Jackson. Councilwoman Emr said she would not support signing the letter, although she did agree with some of the Governor’s proposed reforms, as it called for a constitutional amendment. Councilman Jackson felt Governor Christie’s proposed cap was the right thing to do for New Jersey, and he would support signing the letter. Councilman Happer agreed with Councilman Jackson. Mayor Bravo said she had received many calls and emails from residents regarding this issue, and she felt signing the letter would send the message that the Borough was serious about reforms. All Council members voted aye with the exception of Councilwoman Emr who voted nay.

14. ADJOURNMENT at 9:53 p.m.

On motion by Councilman Shaw, second by Councilman Happer, the meeting was adjourned at 9:53 p.m.

*Consent Agenda

Attest:___________________________ ________________________

Michele Reilly, Executive Assistant Blair Bravo, Mayor