BOROUGH OF MOUNTAIN LAKES

APRIL 23, 2012

7:30 p.m.

 

MINUTES

 

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 4, 2012 and posted in the municipal building.

 

Mayor Gormally called the meeting to order at 7:31 p.m.

 

2.         ATTENDANCE AND FLAG SALUTE

 

All Council members were present except for Councilwoman Bravo, who arrived at 7:41 p.m., and Deputy Mayor Happer, who arrived at 8:00 p.m. Also in attendance were Borough Attorney James Bryce, Borough Manager Robert Tovo, and Deputy Borough Clerk Michele Reilly.

 

3.         EXECUTIVE SESSION RESOLUTION R65-12

 

Matters Relating to Litigation, Negotiations and the Attorney-Client Privilege:

-Request for Release of a Deed Restriction, 74 Route 46

 

Matters Relating to the Purchase, Lease or Acquisition of Real Property or the Investment of Public Funds:

-Acquisition of Property, King of Kings

 

Matters Relating to the Employment Relationship:

-Chief Financial Officer (CFO) position

-Borough Clerk position

 

Motion made by Councilman Holmberg, second by Councilman Shaw, to enter into Executive Session with all members in favor signifying by “Aye”.

 

Motion made by Councilman Holmberg, second by Councilman McWilliams, 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

 

Councilman McWilliams reminded the Council that Trash Day would be held this Friday and Saturday, April 27th and 28th, and the shredding event would take place on Saturday April 28th.

 

Councilwoman Bravo mentioned that the Arbor Day event at Wildwood School would be taking place this Friday, April 27th and the time had been changed to 10:00 am.

 

Councilman Holmberg said that the 35th annual Woods and Lakes Run would be held this Saturday, April 28th.

 

Councilman Holmberg told the Council that the Empty Bowls event, which was recently held at the High School, was a huge success.

 

Mayor Gormally said that the fiftieth (50th) anniversary of the Trout Derby was celebrated last weekend. He has invited Committee member Ron Gironda to attend a future Council meeting and present his book detailing the history of the Derby.

 

Mayor Gormally commented that approximately three hundred people voted in the recent school board election, roughly eleven (11%) percent of Borough voters. He said he estimated the cost per vote at $15.00. Councilwoman Bravo also commented that the school budget was passed.

 

Councilman Shaw reminded the Council that the “Borough Council Goes to Briarcliff” event would be held this Friday, April 27th at 12:30 p.m.

 

5.         PUBLIC COMMENT

 

Mayor Gormally opened the public comment portion of the meeting with consent of the Council. Mayor Gormally explained the Council’s policy of limiting each speaker to five (5) minutes and no yielding of time to another person.

 

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

 

6.         ORDINANCE 04-12

 

ORDINANCE AMENDING CHAPTER 173 OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF MOUNTAIN LAKES AND APPLYING THE SPECIAL USE FACILITY TAG REQUIREMENT TO ALL PERSONS OVER THREE YEARS OF AGE .

 

Following introduction, the above Ordinance will be published in accordance with the law and a public hearing will be held on May 14, 2012.

 

Mayor Gormally told the Council that the current Ordinance set the age requirement at six (6) years of age for the purchase of tags. He said it was the recommendation of the Beach Director and Recreation Commission that the age limit be lowered to three (3) years of age, as those between the ages of three and six also utilized the personnel resources and requiring the purchase of a tag would help to offset the cost of supervision. In response to Council questions, he said lowering the tag age was mainly directed towards those using the beaches. Councilman Shaw said that in the future, it would be helpful to have a memo from the Recreation Commission accompanying the ordinance, as it would give the Council members some context and background information regarding the changes requested. Mayor Gormally said he would ask the Beach or Recreation Director to attend the next meeting and offer comments on the requested changes.

 

Council Member

By:

2nd

Yes

No

Abstain

Absent

By

2nd

Yes

No

Abstain

Absent

 

 

 

 

 

 

 

 

 

 

 

 

 

McWilliams

 

 

X

 

 

 

 

 

 

 

 

 

Holmberg

 

X

X

 

 

 

 

 

 

 

 

 

Jackson

X

 

X

 

 

 

 

 

 

 

 

 

Bravo

 

 

 

X

 

 

 

 

 

 

 

 

Shaw

 

 

X

 

 

 

 

 

 

 

 

 

Happer

 

 

 

X

 

 

 

 

 

 

 

 

Gormally

 

 

X

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Introduction

 

Councilman Jackson suggested some changes to Section 1B of the Ordinance. Section 1B as introduced for adoption stated:

B. Tag required.

(1) All residents three years of age or older desiring to use the facilities at Island Beach, Birchwood Beach, and Borough-owned lakes between 10 a.m. and 6 p.m., between Memorial Day and Labor Day, shall purchase a tag for the season, with the further privilege of purchasing daily guest badges.

(2) All residents three years of age or older desiring to use the tennis facilities shall purchase a tag for the season, with the further privilege of purchasing daily guest badges

(3) Mountain Lakes residents 62 years of age or older may apply at Borough Hall for free tags. No badge or tag shall be used or permitted to be used by anyone other than the registered holder thereof.

 

Councilman Jackson suggested amending Section 1B-(1) to “all residents two years of age or older”. He also suggested amending Section 1B-(2) to “all residents six years of age or older desiring to use the tennis facilities”. Finally, he suggested splitting Section 1B-(3) into Section 1B-(3) “Mountain Lakes residents 62 years of age or older may apply at Borough Hall for free tags” and creating Section 1B-4 “No badge or tag shall be used or permitted to be used by anyone other than the registered holder thereof”. Councilman Shaw mentioned that the title of the Ordinance would also have to be changed.

 

Council Member

By:

2nd

Yes

No

Abstain

Absent

By

2nd

Yes

No

Abstain

Absent

McWilliams

 

 

X

 

 

 

 

 

 

 

 

 

Holmberg

 

X

X

 

 

 

 

 

 

 

 

 

Jackson

 

 

X

 

 

 

 

 

 

 

 

 

Bravo

 

 

 

X

 

 

 

 

 

 

 

 

Shaw

X

 

X

 

 

 

 

 

 

 

 

 

Happer

 

 

 

X

 

 

 

 

 

 

 

 

Gormally

 

 

X

 

 

 

 

 

 

 

 

 

Amended

 

 

 

 

 

 

 

 

 

 

 

 

7.         ORDINANCE 05-12

 

ORDINANCE AMENDING CHAPTER 9 OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF MOUNTAIN LAKES AND PROVIDING FOR THE APPOINTMENT OF UP TO TWO ALTERNATE MEMBERS TO THE HEALTH COMMISSION.

 

Following introduction, the above Ordinance will be published in accordance with the law and a public hearing will be held on May 14, 2012.

 

Councilman Holmberg explained that the addition of alternate members would make it easier for the Commission to field a quorum.

Council Member

By:

2nd

Yes

No

Abstain

Absent

By

2nd

Yes

No

Abstain

Absent

McWilliams

 

 

X

 

 

 

 

 

 

 

 

 

Holmberg

 

 

X

 

 

 

 

 

 

 

 

 

Jackson

 

 

 

X

 

 

 

 

 

 

 

 

Bravo

 

X

X

 

 

 

 

 

 

 

 

 

Shaw

X

 

X

 

 

 

 

 

 

 

 

 

Happer

 

 

X

 

 

 

 

 

 

 

 

 

Gormally

 

 

X

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

8.         DISCUSSION ITEM –

Consumption of Alcoholic Beverages at Lakes, Parks, and Special Use Facilities

 

Mayor Gormally explained that the current Ordinance prohibits the consumption of alcoholic beverages at Borough locations. There is no permitting process which allows groups wishing to hold events to apply for a waiver of the requirements. He suggested the Council consider adopting a policy allowing consumption at certain Borough locations, subject to a permitting process.

 

Councilwoman Bravo said she had spoken with her mother, who works for the Morris County Park Commission (MCPC). The MCPC has a permitting process in place for allowing the consumption of alcoholic beverages at events held in the parks, and has reported few problems, with litter being the most prominent. The Park Commission works closely with the Park Police to monitor permitted events. She said she would be in favor of changing the ordinance.

 

Mr. Tovo said a permitting process would cut down on the illegal use of alcohol at Borough locations, which is currently an issue during events. He suggested a refundable deposit be required with the permit, which could be used to ensure the cleanliness of Borough facilities.

 

The consensus of the Council was that Mr. Tovo should provide the Council with a more detailed recommendation containing parameters for alcohol consumption at events, locations where consumption might be allowed, the hours during which consumption would be allowed, and details for a permitting process.

 

9.         *RESOLUTIONS     

R 66-12           Lien Redemption – Roberts

R 67-12           Lien Redemption – Starger

R 68-12           Tax Resolution – Recycling Tax

R 69-12           Property Tax Legislation

     R 70-12           Payment of Bills

 

10.       *MINUTES

     April 9, 2012 (Regular)

     April 9, 2012 (Executive)

 

Prior to the roll call vote, Deputy Mayor Happer asked to pull Resolution 68-12, Tax Resolution – Recycling Tax, from the Consent Agenda.

 

Councilman Jackson asked to pull Resolution 69-12, Property Tax Legislation, from the Consent Agenda.

 

Councilman Shaw asked that one change be made to the Regular Minutes, reflecting the Arbor Day event at Wildwood School and the Borough Council event at Briarcliff School.

 

 

Council Member

By:

2nd:

Yes

No

Abstain

Absent

McWilliams

X

 

X

 

 

 

Holmberg

 

 

X

 

 

 

Jackson

 

 

X

 

 

 

Bravo

 

 

X

 

 

 

Shaw

 

 

X

 

 

 

Happer

 

X

X

 

 

 

Gormally

 

 

X

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Resolution 68-12, Tax Resolution – Recycling Tax

 

Deputy Mayor Happer asked if this was a tax paid in prior years by the Borough. Mr. Tovo said yes, and that this tax represented an incentive for municipalities to recycle, since the tax is based on the amount of solid waste being sent to the landfill. Additionally, the Borough receives at least part of the tax back in grant money, which is then used to foster recycling since it is appropriated for developing recycling programs and incentives. Mr. Tovo said the amount of recycling in the Borough is substantially higher than in most other communities. He expected that he or Joan Best, the Administrative Assistant for the Department of Public Works, would be able to update the Council with more information on the amount of recycling and grant money received at a later date.

 

Council Member

By:

2nd:

Yes

No

Abstain

Absent

McWilliams

 

 

X

 

 

 

Holmberg

 

X

X

 

 

 

Jackson

 

 

X

 

 

 

Bravo

 

 

X

 

 

 

Shaw

 

 

X

 

 

 

Happer

X

 

X

 

 

 

Gormally

 

 

X

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Resolution 69-12, Property Tax Legislation

 

Mayor Gormally said he thought that this particular Resolution was worthy of Council consideration, even though the Borough Council typically did not pass this type of Resolution. Councilman Bravo suggested that, should the Resolution pass, Mayor Gormally write a letter to accompany it so that those receiving copies would understand the significance of its passage by the Borough Council. Councilman Shaw said he liked the concept of the Resolution but was concerned about deviating from the Council’s current policy concerning such issues.

 

Council Member

By:

2nd:

Yes

No

Abstain

Absent

McWilliams

 

 

X

 

 

 

Holmberg

 

 

X

 

 

 

Jackson

X

 

X

 

 

 

Bravo

 

 

X

 

 

 

Shaw

 

 

 

X

 

 

Happer

 

 

X

 

 

 

Gormally

 

X

X

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

11.       ATTORNEY REPORT

 

Mr. Bryce had nothing to report. Councilman Shaw asked Mr. Bryce to make sure the Attorneys were researching the issue of whether or not the proposed Historic Preservation Ordinance required the establishment of a commission. Also, he asked Mr. Bryce if the Annual Awards (Citizen of the Year and Janice Hunts) could be discussed in Executive Session, as it can be difficult to discuss the merits of the award candidates in a public setting. Mr. Bryce suggested the Council form a subcommittee which could review the candidates and make recommendations to the Borough Council. Councilwoman Bravo suggested the Council heed Mr. Bryce’s advice.

 

12.       MANAGER REPORT (verbal)

 

Mr. Tovo reported that he was waiting for a response from the Borough’s insurance carrier as to whether or not the insurance carrier for the Mountain Lakes Club might consider other options in lieu of requiring swim ropes in Mountain Lake.

 

Mr. Tovo said that an engineering firm had begun to evaluate the cell tower site at the Borough Hall and that the existing site may be expanded. An expansion would generate increased revenue for the Borough. Additionally, CW Solutions was preparing a contract for review by the Borough Attorney and Council. They would like to market the Borough’s potential cell tower sites. Mr. Tovo asked that the Mayor convene a meeting of the Cell Tower Development subcommittee. The Council determined that Councilman Shaw and Deputy Mayor Happer would be the Council representatives on the subcommittee, and Mayor Gormally would be the Planning Board representative.

 

Mr. Tovo told the Council that the Borough can expect a fifteen to twenty percent (15-20%) reduction in energy costs in 2013, as well as a twenty-two to thirty-six percent (22-36%) reduction in street lighting costs, due to the Borough’s membership in the Sustainable Joint Energy Commission.

 

The State approved a Department of Transportation (DOT) paving grant totaling $175,000 for the Borough. Mr. Tovo said that, while this was good news, it was slightly disappointing as the Borough had applied for a total grant of $315,000. The grant money received will allow the Borough to pave Powerville Road and any remaining areas in the condominiums.

 

Councilman McWilliams brought up the issue of signs on the Boulevard, and Councilman Jackson asked that the Council revisit the sign ordinance. Mr. Tovo said a discussion on the sign ordinance was slated after the completion of the budget.

 

13.       COUNCIL REPORTS

 

Woodlands Committee – Councilman McWilliams said the Committee was busy planting trees.

 

Library Committee – Councilman McWilliams said the Committee would be meeting next month.

 

Website Committee – Councilman McWilliams reported the Committee would be meeting next week. Mayor Gormally asked if the Committee had been phased out of handling the Borough’s email communications and Councilman McWilliams said yes.

 

Solid Waste Committee – Councilman McWilliams told the Council that the Committee was very busy and had been meeting on a weekly basis. He said they would have a Request for Proposal (RFP) ready by the end of June. The Committee had decided to continue backdoor garbage pickup but to term it “homeside pickup”. Mayor Gormally asked when the Committee would be ready to report to the Borough Council. After some discussion, it was determined that the Committee would report to the Council at either the May 29th or June 11th meeting.

 

Shared Services Subcommittee – Councilman Shaw said the Committee met with the Township of Boonton last week, and a date for a follow-up meeting would soon be determined.

 

Councilman Shaw handed out information regarding the “Borough Council Goes to Briarcliff” program and asked the Borough Council members to review it. He provided a mock agenda and a mock Historic Preservation Ordinance, as well as two discussion items concerning trash collection and traffic congestion around the schools. He said the students could pick one of the two discussion items. He reiterated that he needed four (4) Council members to attend as there were four (4) groups of students.

 

DPW Subcommittee – Councilman Shaw said the meeting is being rescheduled.

 

Lakes Management Committee– Councilwoman Bravo said she had not been in attendance at the last meeting but had read the minutes. Items discussed included goose control, cleaning up debris with FEMA assistance, and lake levels that were five (5) inches lower than normal for this time of year. Additionally, the Committee expressed serious concerns with the milfoil growing in the lakes, had discussed using sonar as treatment, and would like the Council to fund this treatment action immediately. Mr. Tovo replied that sonar treatment had already been funded.

 

Environmental Commission – Deputy Mayor Happer said the Commission would like to be included on the May 29th agenda so that they could make a presentation about Sustainable Jersey to the Council.

 

Finance Committee – Deputy Mayor Happer said the budget is still a work in process but that the numbers are coming down. He said the Borough has a fairly large BAN (bond anticipation note) balance right now, and the Committee is discussing the best way to pay down the balance. The next meeting will be held in early May.

 

Councilman Jackson commented that he wanted the Council to be more engaged in the budget process and that he was not willing to delegate his responsibility to the Finance Committee. Councilwoman Bravo said the Finance Committee is considering options concerning the BAN balance and the RUT (Reserve for Uncollected Taxes) and that these options will be presented to the Council. Mayor Gormally said the work done by the Finance Committee will make the Council consideration of the budget much more meaningful. Mr. Tovo said he expects to produce a work document for consideration at the next meeting, and hopes to introduce the budget at the May 29th meeting.

 

Recreation Commission – Mayor Gormally said the Commission will be fully staffed after tonight’s appointment, and he felt that the Commission was now comprised of an engaged group of residents. He said the Commission had authorized some changes for the punch cards used at the beach. The cards would now be sold in quantities of five (5) and (10) visits, with the price set at $5 per visit, offering a modest discount to residents. Additionally, he said the Commission was going to increase the price of beach tags. He said the Borough dramatically undercharges for the use of its beaches and beach facilities compared to other lake municipalities. Mayor Gormally also commended the Recreation Director, Celia Flynn, for her excellent job with the Summer Recreation Program, which offers a camp experience and/or summer employment for the children of Borough residents.

 

Executive Minutes Review – Mayor Gormally said the Borough Attorney and Deputy Clerk would prepare a Resolution authorizing the release of certain redacted executive minutes to be voted on at the next meeting.

 

Appointment to the Health Commission: Richards

Councilman Holmberg made a motion, second by Councilman Shaw, to appoint Meg Richards to fill a vacancy on the Health Commission, with all members in favor signifying by “Aye”.

 

Appointment to the Recreation Commission: Terhune

Mayor Gormally made a motion, second by Councilman Shaw, to appoint Kim Terhune to fill a vacancy on the Recreation Commission, with all members in favor signifying by “Aye”.

 

Councilman Shaw reminded Councilman Holmberg that the Planning Board needs a new member.

 

Janice Hunts Lifetime Achievement Award

Citizen of the Year Award

Councilman Holmberg asked if the nominees would be discussed by the Personnel subcommittee. The Council consensus was yes, that the awards and nominees should be discussed by the subcommittee, possibly in a conference call if necessary, as the recommendations must be presented to the Council by the next meeting. Mayor Gormally asked that all Council members submit their nominations to him as soon as possible.

 

Mayor Gormally announced that the Council had discussed the release of a deed restriction during the Executive Session. Mayor Gormally made a motion to vacate the deed restriction for the property located at 74 Route 46 East, Block 4, Lot 22.02,  second by Councilman Shaw, with all members in favor (Gormally, Shaw, McWilliams, Holmberg, Bravo) signifying by “Aye” and Councilman Jackson and Deputy Mayor Happer voicing “Nay”. Mayor Gormally instructed Mr. Bryce to prepare a Resolution memorializing the Borough Council’s decision. (To be labeled as Resolution R 71-12.)

   

14.       PUBLIC COMMENT

 

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

 

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

 

15.       ADJOURNMENT at 10:01  p.m.

Motion made by Councilman Shaw, second by Councilman Holmberg, to adjourn the meeting at 10:01 p.m., with all members in favor signifying by “Aye”.

 

 

*Consent agenda

Attest: April 23, 2012

 

 

________________________________       _______________________________ 

Michele Reilly, RMC, Deputy Clerk               Charles X. Gormally, Mayor