BOROUGH OF MOUNTAIN LAKES

BOROUGH HALL, 400 BOULEVARD, MOUNTAIN LAKES

973-334-3131

www.mtnlakes.org

 

JUNE 11, 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 7:30 p.m.

2.   ATTENDANCE AND FLAG SALUTE

 

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 KoyCresent 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

 

 

 

 

 

 

 

 

 

Happer

 

 

 

 

 

X

 

 

 

 

 

 

Gormally

 

 

X

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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