BOROUGH OF MOUNTAIN LAKES
BOROUGH HALL, 400 BOULEVARD,
MOUNTAIN LAKES
973-334-3131
JUNE 11, 2012
7:30 p.m.
MINUTES
1. CALL TO OR
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 7:30 p.m.
2. ATTENDANCE AND
All
Council members were present except for Councilwoman Holmberg and Deputy Mayor
Happer, who were absent. Also in
attendance were Borough Attorney Jim Bryce, Borough Manager Robert Tovo, and
Deputy Borough Clerk Michele Reilly.
3. EXECUTIVE SESSION RESOLUTION R79-12
Matters
Relating to Litigation, Negotiations and the Attorney-Client Privilege:
-Tax Appeal Settlement: Labeau vs. Mountain Lakes
Motion
made by Councilman Shaw, second by Councilwoman Bravo, to enter into Executive
Session and to amend the Executive Session to include:
Matters Relating to the Purchase;
Lease or Acquisition of Real Property or the Investment of Public Funds:
-Acquisition of
Property, King of Kings
with all members in favor signifying
by “Aye”.
Motion
made by Councilwoman Bravo, second by Councilman Shaw, 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
The Council
members discussed the upcoming Fourth of July fireworks, which will be shot
from barges in the middle of Mountain Lake for the second year in a row.
Councilman
Shaw commended Colette Richter and Stephen Lewandowski, members of the Mountain
Lakes High School Track Team, for their recent accomplishments.
Councilman
McWilliams mentioned that the Solid Waste Committee would be holding their public
meeting on June 12th at 7:30 pm in the High School Auditorium.
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.
Bill
Koy – Cresent Drive
Mr.
Koy introduced himself as a resident, an attorney, a
Board member of the Mountain Lakes Club, and a spokesperson for the Club. He asked
the Council to consider passing an Ordinance that would allow the Club to place
swim ropes back in Mountain Lake. He offered his opinion that there is a safety
issue at the Mountain Lakes Club due to the lack of a roped swim area. He
stated that the Club had temporarily placed a buoy system in the lake but ropes
would offer better parameters.
With
no one else wishing to be heard, Mayor Gormally closed the public comment
portion of the meeting.
At
Mayor Gormally’s request, Councilman Shaw explained some
of the history of this issue, which began when the Mountain Lakes Club placed
swim ropes in the lake, violating the current Borough code. At that time, he
was the liaison for the Lakes Management Committee. The Committee had offered strong
feedback to the Council opposing the placement of the ropes in the lake. The
Council discussed amending the code; however, the Ordinance presented in
February 2012 was defeated at introduction due to its lack of specific
parameters for a permitting process.
Mr.
Tovo said that the Borough had been led to believe that the ropes were being
required by the Club’s insurance carrier, but had subsequently determined that
the ropes were “recommended” and that the insurance carrier was amenable to
alternative solutions, such as the buoys, which are in compliance with the
Borough code. It was mentioned that the Club has lifeguards patrolling their
swim area.
Councilwoman
Bravo, the current liaison for the Lakes Management Committee, represented the
Committee’s view that amending the Ordinance to allow the Club to place swim
ropes in the lake would set a very bad precedent. The Committee’s belief is that
the lake is to be made available for the enjoyment of all residents and should
not be closed off for use by a specific group. Councilwoman Bravo said she
supports the view of the Lakes Management Committee.
The
Council would like the Borough attorney to prepare an updated Ordinance for
introduction at the next Borough Council meeting.
6. ORDINANCE
08-12 - ORDINANCE AMENDING CHAPTER 40 OF THE REVISED
GENERAL ORDINANCES OF THE BOROUGH OF MOUNTAIN LAKES INCLUDING ESTABLISHING A
HISTORIC PRESERVATION COMMITTEE AND ESTABLISHING SPECIAL ZONING REQUIREMENTS
FOR CONTRIBUTING DWELLINGS
This Ordinance was originally
advertised for public hearing on June 25, 2012. However, this
public hearing will be adjourned until July
23, 2012.
7. ORDINANCE 09-12 - ORDINANCE AMENDING CHAPTER 45 OF THE REVISED
GENERAL ORDINANCES OF THE BOROUGH OF MOUNTAIN
LAKES AND PROVIDING FOR
THE APPOINTMENT OF A DEPUTY TAX COLLECTOR
This Ordinance was originally
advertised for public hearing on June 11, 2012. However, this
public hearing will be adjourned until
June 25, 2012.
8. ORDINANCE
10-12
ORDINANCE AMENDING CHAPTERS 111 AND 173 OF THE REVISED
GENERAL ORDINANCES OF THE BOROUGH OF MOUNTAIN LAKES REGULATING CONSUMPTION OF
ALCOHOLIC BEVERAGES IN PUBLIC PARKS.
BE IT ORDAINED by
the Borough Council of the Borough of Mountain Lakes, in the County of Morris
and State of New Jersey, as follows:
Section
1. Chapter
173 entitled “Parks and Recreation,” Section 173-1, shall be amended by the
following amendment to Subsection E which shall read in its entirety as
follows:
E. The use or possession of alcoholic
beverages in Borough parks is only permitted in designated areas, between the
hours of 12:00 Noon and 9:00 PM and a permit issued by the Borough is
required. Any resident applying for such
permit must submit a Facilities Use Request Form, as well as a Hold Harmless
Agreement. Both must be submitted to the
Borough Manager at least fourteen (14) prior to the date requested. In addition, a $25.00 permit fee and $100.00
refundable deposit are required at the time of approval. The use or possession of alcoholic beverages
is only permitted at the following locations:
(1)
Birchwood Picnic Area
(2)
Island Beach Picnic Area
(3)
Briarcliff Park
(4)
Taft Field
(5)
Alden L. Haswell
(Midvale) Field
(6)
Esplanade Park
No Alcoholic beverages will be permitted on any Borough owned and
operated beach facilities.
Section
2. Chapter
111 of the Revised General Ordinances of the Borough of Mountain Lakes, Section
111-3 entitled "Fee schedules," shall be amended by the inclusion of
the following new fees in Subsection A. as follows:
(9)
Permit to allow
the consumption of alcohol at an event in a Borough Park under §173-1E …………………
$25.00 plus a $100.00 refundable deposit.
Section
3. If any section or provision of this
Ordinance shall be held invalid in any Court of competent jurisdiction, the
same shall not affect the other sections or provisions of this Ordinance,
except so far as the section or provision so declared invalid shall be
inseparable from the remainder or any portion thereof.
Section
4. All Ordinances or parts of
Ordinances, which are inconsistent herewith, are hereby repealed to the extent
of such inconsistency.
Section
5. This Ordinance shall take effect
immediately after final passage and publication in the manner provided by law.
Following
introduction, the above Ordinance will be published in accordance with the law
and a public hearing will be held on June 25, 2012.
Councilman
Jackson proposed amending Section E to state that “the use or possession of
alcoholic beverages in Borough parks is not permitted except in
designated areas”. He did not receive a second in support of his motion.
Councilman Jackson also proposed an amendment changing the permitted hours from
6:00 PM to 9:00 PM. He did not receive a second in support of his motion and
the Ordinance was not amended.
In response
to questions from the Borough Council, Mr. Bryce recommended maintaining specific
time frames versus the inclusion of an ambiguous “dawn to dusk” phrase.
ORDINANCE 10-12
Council Member |
By: |
2nd |
Yes |
No |
Abstain |
Absent |
By |
2nd |
Yes |
No |
Abstain |
Absent |
McWilliams |
|
|
X |
|
|
|
|
|
|
|
|
|
Holmberg |
|
|
|
|
|
X |
|
|
|
|
|
|
Jackson |
X |
|
|
X |
|
|
|
|
|
|
|
|
Bravo |
|
|
X |
|
|
|
|
|
|
|
|
|
Shaw |
|
X |
X |
|
|
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|
|
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|
Happer |
|
|
|
|
|
X |
|
|
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|
Gormally |
|
|
X |
|
|
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|
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|
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9.
ORDINANCE 11-12
ORDINANCE AUTHORIZING THE EXECUTION OF
A CONTRACT FOR THE PURCHASE OF BLOCK 116, LOT 3.01 FROM KING OF KINGS LUTHERAN
CHURCH
WHEREAS,
King of Kings Lutheran Church is the
owner of property known as Lots 3.01, Block 116, as shown on the Tax Map of the
Borough of Mountain Lakes; and
WHEREAS,
the
Borough of Mountain Lakes desires to acquire this property for public use; and
WHEREAS, an
appraisal of the value of said property to be used for public purposes was
obtained by the Borough of Mountain Lakes; and
WHEREAS, the
Borough Council of the Borough of Mountain Lakes has determined that it should
acquire the property; and
WHEREAS, the
owner of this property has offered to sell the property to the Borough of
Mountain Lakes for a purchase price of $1,900,000; and
WHEREAS, the
parties desire to enter into a contract for the sale of real property.
NOW, THEREFORE, BE IT ORDAINED by
the Borough Council of the Borough of Mountain Lakes, County of Morris and
State of New Jersey, as follows:
Section
1. The appropriate municipal officials
are hereby authorized and directed to enter into a contract with King of Kings
Lutheran Church, for the acquisition of Block 116, Lot 3.01, as shown on the
Tax Map of the Borough of Mountain Lakes, for public use, for a purchase price
of $1,900,000 in the form of Contract attached hereto subject to certification
of available funding.
Section
2. If any section or provision of this
Ordinance shall be held invalid in any Court of competent jurisdiction, the
same shall not affect the other sections or provisions of this Ordinance,
except so far as the section or provision so declared invalid shall be inseparable
from the remainder or any portion thereof.
Section
3. All Ordinances or parts of
Ordinances, which are inconsistent herewith, are hereby repealed to the extent
of such inconsistency.
Section
4. This Ordinance shall take effect
immediately after final passage and publication in the manner provided by law.
Following
introduction, the above Ordinance will be published in accordance with the law
and a public hearing will be held on June 25, 2012.
Councilman
Shaw announced he would abstain from the vote since the grant funds would be
contributed by the Morris County Open Space Trust Fund Committee and he is
currently a member.
ORDINANCE 11-12
Council Member |
By: |
2nd |
Yes |
No |
Abstain |
Absent |
By |
2nd |
Yes |
No |
Abstain |
Absent |
McWilliams |
|
|
X |
|
|
|
|
|
|
|
|
|
Holmberg |
|
|
|
|
|
X |
|
|
|
|
|
|
Jackson |
|
X |
X |
|
|
|
|
|
|
|
|
|
Bravo |
X |
|
X |
|
|
|
|
|
|
|
|
|
Shaw |
|
|
|
|
X |
|
|
|
|
|
|
|
Happer |
|
|
|
|
|
X |
|
|
|
|
|
|
Gormally |
|
|
|
X |
|
|
|
|
|
|
|
|
10. DISCUSSION
ITEM –
Municipal Housing Trust
Fund Monies
Councilwoman Bravo reviewed the highlights of her
discussion item regarding the Borough’s Municipal Housing Trust Fund monies.
These monies will be recaptured by the State effective July 17, 2012, if they
have not been committed to an approved Affordable Housing project. The
discussion centered on whether or not the Borough was able to protect these
funds. Councilwoman Bravo said that the Borough should be proactive in
fulfilling its Affordable Housing obligation and explained that the funds could
be used for affordability and/or rental assistance. She said she also felt that
as the funds were raised in Mountain Lakes, they should stay in Mountain Lakes
and not be forfeited to the State.
The consensus of the Council was that the Borough
should create an Irrevocable Trust Fund, much like the fund created by Monroe
Township. The Council felt that the
Borough Attorney should review the information provided from Monroe Township
and determine whether the Borough should pass a Resolution or introduce an
Ordinance at the next meeting.
11. *RESOLUTIONS
R80-12 Professional Services Contract Award
for Borough Auditor – TM Vrabel Associates
R81-12 Contract Award for I.T Maintenance
and Support – Lawsoft, Inc.
R82-12 Liquor License Transfer – Plenary
Retail Consumption License #1425-33-005-005
Ocean Blue
Restaurant Group, LLC to Olympiakos Restaurant
Enterprises, LLC
R83-12 Payment of Bills
12. *MINUTES
May 29, 2012 (Regular)
13. *DEPARTMENT REPORTS
Construction Official
Department
of Public Works
Fire
Department
Health
Officer
Police
Department
Prior
to the roll call vote, Councilman Jackson asked to pull Resolution 80-12,
Professional Services Contract Award for Borough Auditor – TM Vrabel Associates. The Regular Minutes from May 29, 2012
were also pulled from the Consent Agenda since they were still being finalized.
Consent
Agenda
Council Member |
By: |
2nd: |
Yes |
No |
Abstain |
Absent |
McWilliams |
|
|
X |
|
|
|
Holmberg |
|
|
|
|
|
X |
Jackson |
|
|
X |
|
|
|
Bravo |
|
|
X |
|
|
|
Shaw |
X |
|
X |
|
|
|
Happer |
|
|
|
|
|
X |
Gormally |
|
X |
X |
|
|
|
Resolution 80-12, Professional Services Contract Award for
Borough Auditor – TM Vrabel Associates
Council Member |
By: |
2nd: |
Yes |
No |
Abstain |
Absent |
McWilliams |
|
|
X |
|
|
|
Holmberg |
|
|
|
|
|
X |
Jackson |
|
|
X |
|
|
|
Bravo |
X |
|
X |
|
|
|
Shaw |
|
|
X |
|
|
|
Happer |
|
|
|
|
|
X |
Gormally |
|
X |
X |
|
|
|
In
addition, there was a motion by Councilman Shaw, second by Councilwoman Bravo,
that the Borough Council authorize the settlement of the tax appeal (LaBeau property) as presented by the Borough Attorney, with
all members in favor signifying by “Aye”.
14. ATTORNEY
REPORT
Mr. Bryce had
nothing to report.
15. MANAGER
REPORT
Mr. Tovo said he expected to have the
AFS (Annual Financial Statement) prepared and presented to the Finance
Committee by June 21st. He apologized to the Council for the amount
of time it has taken to prepare the budget documents, but said he felt that it
was not in the best interest of the Borough to be hasty but rather to present documents
containing accurate and complete information.
Mr. Tovo advised the Council that he
had already called the DCA (Department of Community Affairs) to discuss their
letter referencing the tardiness of the Borough’s budget introduction. He will
follow up with the Council after he has spoken to the DCA Director.
Councilman Jackson asked Mr. Tovo if
he had received a memo regarding the tax levy cap and the spending cap from Tim
Roberts. Mr. Tovo said that Mr. Roberts would require some information from the
AFS before he could calculate the figures for his memo. Mr. Tovo expected to be
able to provide Councilman Jackson with the memo at the next Borough Council
meeting.
16. COUNCIL
REPORTS
Shared Service Committee – Councilman
Shaw reported that the Committee would be meeting this Wednesday.
Library Committee – Councilman
McWilliams said the Library recently held their quarterly Board meeting. The
Library is reporting great usage, and they will be redoing the reading room.
Website Committee – Councilman
McWilliams will be setting up a meeting with the Manager and the Committee.
Solid Waste Committee – Councilman
McWilliams said the Committee is focusing on the details for the RFP (Request
for Proposal). Mayor Gormally reminded Councilman McWilliams to provide for enough
time to rebid the contract if it is necessary to reject all bids. Additionally,
he said the due date for the bids should be set for as soon as possible in case
the bid process necessitated litigation.
Councilman McWilliams reminded the
Council that the PBA is holding their Clambake Fundraiser this Saturday.
Additionally, the Junior Fire Department is having its awards ceremony this
Wednesday.
Lakes Management Committee –
Councilwoman Bravo said the Committee is pleased with how clean and clear the
lakes look, and also with the lake levels.
Fifty-Five Plus Committee – Councilman
Jackson reported that the Committee would be honoring Doug Wilkins this
Thursday at St. Catherine’s, as part of the “Senior to
Senior” meeting between High School seniors and senior citizens.
Fire Department – Councilman Jackson
said the Department recently lost two longtime members because they moved.
Councilman Jackson recommended the
Borough Council ask for a copy of the survey done by the Board of Education
after the school election in April. Residents were asked to give their thoughts
about holding a separate school election or combining the election with the
General Election in November.
17. PUBLIC
COMMENT
Mayor
Gormally opened the second public comment portion of the meeting with the
consent of the Council.
Bill
Koy - Crescent
Drive
Mr.
Koy asked the Council if they would allow an
exemption to the current Borough code. This would allow the Mountain Lakes Club
to place swim ropes in the lake immediately until the Ordinance could be
amended.
Mayor Gormally
said the Borough would not be able to permit such an exception.
With no one else wishing to be heard,
Mayor Gormally closed the public comment portion of the meeting.
18. ADJOURNMENT
at 9:16 p.m.
Motion
made by Councilman Shaw, second by Councilman McWilliams, to adjourn the
meeting at 9:16 p.m., with all members in favor signifying by “Aye”.
*Consent
agenda
Attest: June 11, 2012
________________________________ _______________________________
Michele Reilly, RMC, Deputy Clerk Charles
X. Gormally, Mayor