1

BOROUGH OF MOUNTAIN LAKES

BOROUGH HALL, 400 BOULEVARD, MOUNTAIN LAKES

973-334-3131

www.mtnlakes.org

JUNE 25, 2012

8:00 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.

Deputy Mayor Happer called the meeting to order at 8.02 p.m.

2. ATTENDANCE AND FLAG SALUTE

All Council members were present except for Councilman Holmberg, who arrived at 8:04 p.m. and Mayor Gormally, who was absent. Also in attendance were Borough Attorney Jim Bryce, Borough Manager Robert Tovo, and Deputy Borough Clerk Michele Reilly.

3. COMMUNITY ANNOUNCEMENTS

Deputy Mayor Happer mentioned that the Fire Department had held its honorary dinner for the Junior Fire Department.

Additionally, Deputy Mayor Happer reminded those in attendance that the Fourth of July fireworks would be held on July 4^th, and that contributions could be sent to Borough Hall.

4. PUBLIC COMMENT

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

Susan Ferguson – Tower Hill Road

Mrs. Ferguson introduced herself as a resident and the Chair of the Lakes Management Advisory Committee. She spoke on behalf of the Committee against allowing the Mountain Lakes Club to install ropes in Mountain Lakes, stating that the Borough’s lakes are publicly owned and for use by all residents. She asked the Council to keep the current Ordinance as is and deny the Club’s request.

Arlene Richards – Lake Hiawatha

Fang Fang – Ball Road

Ms. Richards and Ms. Fang asked the Council to consider passing a Resolution in support of Falun Dafa, a peaceful meditative practice currently outlawed in China.

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Page Two

Dede Conlan – Morris Avenue

Mrs. Conlan introduced herself as a resident and the Borough’s Beach Director. She stated her opinion that no one should rope off the lakes but the Borough. In addition, she spoke against the Ordinance allowing the consumption of alcohol in the parks. Since the picnic areas are adjacent to the beaches, her concern was for lifeguards who may have to deal with people who have had too much to drink and try to go swimming.

Robert Waggoner – Boulevard and Lake Drive

Mr. Waggoner is a neighbor to the Mountain Lakes Club. He said he initially had reservations about the Club placing ropes in the lake; however, after speaking to the Club Management his view had changed somewhat. He thought if there was a way to keep the ropes close to the property line and to move the inflatable raft close to shore he would be supportive of the Club’s request. He said he hoped a solution could be found but that it was carefully crafted so as not to obscure neighbor’s views of the lake.

Ellen Emr – Crane Road

Mrs. Emr introduced herself as a resident and Mountain Lakes Club member. She encouraged the Council to vote no and said she felt that passing the Ordinance would represent a historic policy change, would be in direct contradiction to other ordinances, and could have unintended negative consequences.

Jim Bailey – Kenilworth Road

Mr. Bailey said he supported the position of Mrs. Ferguson and Mrs. Emr. He felt that approving the Club’s request would demonstrate a selective preference for one group, and override decisions made by previous Councils. He spoke about two previous occasions when the Borough Council denied requests to change the parameters of public access, even when residents cited safety as a factor.

Debra Dewing – Arden Road

As a member of the Lakes Management Advisory Committee, Mrs. Dewing expressed her full support of the statement made by Mrs. Ferguson and said she wholeheartedly encouraged the Council not to change the Ordinance.

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

In order to accommodate the members of the public who were in attendance Deputy Mayor Happer amended the agenda to allow for the introduction of Ordinance 12-12, with the consent of the Council.

5. ORDINANCE 12-12

ORDINANCE AMENDING CHAPTER 137 OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF MOUNTAIN LAKES AND PROVIDING FOR A PERMIT FOR PRIVATE CLUBS TO USE SWIMMING ROPES TO DESIGNATE SWIMMING AREAS

Following introduction, the above Ordinance will be published in accordance with the law and a public hearing will be held on July 23, 2012.

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 137, “Lakes,” Section 137-3 entitled “Permit required; guidelines, revocation of permit” of the Revised General Ordinances of the Borough of Mountain Lakes, shall be amended by the following inclusion to subsection C which shall read in its entirety as follows:

JUNE 25, 2012

Regular Minutes

Page Three

(5) Designated swimming areas for private clubs. Private clubs with frontage along the lake line desiring to designate a specified swimming area for use of the club’s members and guests, shall require an annual permit as otherwise required in this section. Such designated swimming areas are subject to the following guidelines:

(a) Designated swimming areas shall not be less than 25 feet from the lot line of the property perpendicular to the lake line.

(b) Designated swimming areas shall not extend horizontally greater than 100 feet along the lake line.

(c) Designated swimming areas shall not extend further in to the lake then to a point that is 75 feet distant to the closest lake line to said point.

(d) The materials used to designate a swimming area shall be limited to:

(i) Rope of suitable quality for aquatic and marine use;

(ii) Flotation buoys that are directed attached to ropes, such buoys not to exceed 1 foot in diameter;

(iii) The materials used shall be limited to white and red colors; and

(iv) Notwithstanding the provisions as found within Section 137-3C(1)(a), such material used to affix the designated swimming area shall be properly moored at least two points within the lake with the use of temporary mooring devices, that are readily removable without the use of machinery.

(e) No more than one designated swimming area shall be permitted per private club with frontage along the lake line.

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.

The Council discussed some of the points of the Ordinance, specifically the distances designated in Section 5(b) and 5(c). Councilman Jackson made a motion to amend Section 5(b) and 5(c), with both distances to be listed at fifty (50) feet. Councilman Shaw seconded the motion. The motion was passed by a roll call vote of five “Ayes” (McWilliams, Holmberg, Jackson, Bravo, Shaw) and one abstention (Happer, due to a Mountain Lakes Club membership).

Councilwoman Bravo told the Council that the passage of this Ordinance would represent a fundamental change in Borough policy. Councilman Shaw disagreed and pointed out that the Borough currently allows rafts and docks, which in his opinion grants those obtaining such permits an easement over the lake; therefore, granting the Club the ability to place ropes in the Lake is a similar concept and the Ordinance simply controls the parameters. Mr. Tovo stated that the buoys the Club has in place are already permitted by the Ordinance.

Council Member

By:

2^nd

Yes

Abstain

Absent

2nd

Yes

Abstain

Absent

McWilliams

Holmberg

Jackson

Bravo

Shaw

Happer

Gormally

JUNE 25, 2012

Regular Minutes

Page Four

In order to accommodate the members of the public who were in attendance Deputy Mayor Happer amended the agenda to allow for the public hearing of Ordinance 10-12, with the consent of the Council.

6. 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.

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

law. PUBLIC HEARING

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.

Deputy Mayor Happer gave some background on the Ordinance, which would include a $25.00 fee, fourteen (14) day advance notice, and Manager approval for the permit. The Ordinance was designed for small gatherings at parks and if passed, would not allow the consumption of alcoholic beverages on beaches.

Dede Conlan – Morris Avenue

Mrs. Conlan pointed out that passage of this Ordinance could still have an impact on the beaches as the picnic areas are steps away from the beach. She encouraged the Council to vote no and said the lifeguards should not have to deal with people drinking.

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Page Five

Mimi Kaplan – Lake Drive

Mrs. Kaplan asked what kind of policing could be expected. She felt that people should be required to be considerate and perhaps some stipulation regarding noise should be included in the Ordinance.

Mr. Tovo said there would be spot checks by the Police and the Park Ranger, and that a permit could be revoked if the Ordinance is being violated.

Jim Bailey – Kenilworth

Mr. Bailey suggested limiting the time; he felt the hours of 12 noon – 9:00 pm were too long. He also asked if those under 21 would be allowed to consume alcohol.

Mr. Tovo said the Borough must follow state law. Those under 21 would be able to attend but not consume alcohol.

Debra Dewing – Arden Road

Mrs. Dewing asked what latitude the Manager would have to deny a permit. She was concerned about potential liability.

Mr. Tovo said there were varying factors, such as the size of the party and whether or not the group has violated the Ordinance before. Non-residents would not be able to obtain permits. He explained that he feels a permitted process is safer than having unregulated consumption by parties at the parks.

Khizar Sheikh – Warwick Road

Mr. Sheikh asked if the Borough’s insurance carrier had been consulted, and also asked about the consequences of not obtaining a permit.

Mr. Tovo replied yes, the insurance carrier has been consulted and approves. Violations carry up to a $1,000 fine.

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

Council Member

By:

2^nd

Yes

Abstain

Absent

2nd

Yes

Abstain

Absent

McWilliams

Holmberg

Jackson

Bravo

Shaw

Happer

Gormally

JUNE 25, 2012

Regular Minutes

Page Six

7. INTRODUCTION OF 2012 MUNICIPAL BUDGET

BE IT RESOLVED that the revenues and appropriation present shall constitute the Municipal Budget for the year 2012.

BE IT FURTHER RESOLVED that said Budget be published in the Daily Record.

A Public Hearing on the Budget and Tax Resolution will be held at the Mountain Lakes Borough Hall on July 23, 2012 at 8 p.m. or soon thereafter, at which time and place objections to said Budget and Tax Resolution for the year 2012 may be presented by taxpayers or other interested persons.

Tim Roberts explained to the Borough Council that the total budget of $8.145 million dollars represented a 1.8 cent tax rate increase, equating to a 4.8% increase in the municipal budget. The average home in Mountain Lakes would see taxes increase by approximately $153. Mr. Tovo said he, Mr. Roberts, and the auditor, Mr. Vrabel, felt the budget was responsive and covered the needs of the residents, while allowing for some flexibility.

Councilman Shaw summed up the two policy issues the Borough Council had with the budget as introduced, salary allocation and debt service. The consensus of the Council was that they would like the Manager to reallocate some of the funds currently in the Department of Public Works (DPW) line item to Finance. Deputy Mayor Happer expressed that the Council would rather fully staff the Finance Department than extra DPW projects and overtime. Mr. Tovo said that reallocation of this line item would not change any budget totals and therefore no budget amendment was necessary.

Regarding debt service, there was much discussion about the historic policy of paying down ten percent (10%) of debt per year. This policy has not been implemented in the past few years. Mr. Roberts said the tax impact would be very significant if that policy was followed and that was why the budget as introduced did not include a ten percent (10%) figure. The consensus of the Council was that they would like the Manager to return to the historic policy.

Councilwoman Bravo made a motion to increase the debt service payment to reflect ten percent (10%), with the dollar amount to be based on the BAN balance at the beginning of 2012. Mr. Roberts calculated this amount to be about $190,000 amendment to the budget. Deputy Mayor Happer seconded the motion. The motion was passed by a roll call vote of five “Ayes” (Holmberg, Jackson, Bravo, Shaw, Happer), one “Nay” (McWilliams), and one “Absent” (Gormally).

Council Member

By:

2^nd

Yes

Abstain

Absent

2nd

Yes

Abstain

Absent

McWilliams

Holmberg

Jackson

Bravo

Shaw

Happer

Gormally

JUNE 25, 2012

Regular Minutes

Page Seven

8. 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

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 45 of the Revised General Ordinances of the Borough of Mountain Lakes, shall be amended by the inclusion of new section 45-14 which shall be entitled “Deputy Tax Collector” and shall read in its entirety as follows:

45-14 Deputy Tax Collector

A. Establishment. There is hereby created the position of Deputy Tax Collector.

B. Appointment and term. The Deputy Tax Collector shall be appointed by the Borough Council for an indeterminate term and shall be an at will employee of the Borough.

C. Powers and duties. The Deputy Tax Collector shall perform the duties and carry out the responsibilities assigned to the position by the Tax Collector and Borough Manager and shall, in the absence of the Tax Collector, perform on a temporary basis the duties of the Tax Collector.

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.

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

Council Member

By:

2^nd

Yes

Abstain

Absent

2nd

Yes

Abstain

Absent

McWilliams

Holmberg

Jackson

Bravo

Shaw

Happer

Gormally

JUNE 25, 2012

Regular Minutes

Page Eight

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 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.

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

Councilman Shaw announced he would again 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. Mr. Tovo reported that the Borough filed for the additional $300,000 in grant funding. The one remaining deadline is the filing of the new appraisal and engineer report by July 24, 2012.

Council Member

By:

2^nd

Yes

Abstain

Absent

2nd

Yes

Abstain

Absent

McWilliams

Holmberg

Jackson

Bravo

Shaw

Happer

Gormally

JUNE 25, 2012

Regular Minutes

Page Nine

10. *RESOLUTIONS

R84-12 Appointment of Acting Chief Financial Officer – D. Timothy Roberts

R85-12 Appointment of Deputy Tax Collector – Ann Purcell

R86-12 Fireman’s Application – Wendler

R87-12 Fireman’s Application – Gotthelf

R88-12 Fireman’s Application - Palazzi, Jr.

R89-12 Authorizing Participation in the Morris County First Responder ID Card Program

R90-12 Authorizing the Municipal Excess Liability Joint Insurance Fund to Add the MLSA (Mountain Lakes Swim Association) to the Class IV Coverage Document

R91-12 Liquor License Renewals

R92-12 Amending Chapter 457(b) Deferred Compensation Plan

R93-12 Supporting Application for Additional Funds to the Open Space and Farmland Preservation Trust Fund of the County of Morris

R94-12 Creation of Borough of Mountain Lakes Affordable Housing Irrevocable Trust

R95-12 Payment of Bills

11. *MINUTES

May 29, 2012 (Regular)

June 11, 2012 (Executive)

June 11, 2012 (Regular)

Prior to the roll call vote, Councilman Jackson asked to pull the Regular Minutes from May 29, 2012 for further review. Councilman Holmberg and Councilman Jackson presented non-substantive changes to the Regular Minutes from June 11, 2012.

Consent Agenda

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

12. ATTORNEY REPORT

Mr. Bryce had nothing to report.

13. MANAGER REPORT

Mr. Tovo had nothing additional to report.

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Regular Minutes

Page Ten

14. COUNCIL REPORTS

Solid Waste Committee – Councilman McWilliams said about twenty (20) members of the public turned out for the public presentation. The Council received copies of the presentation. The Request for Proposal (RFP) should be finished by mid-July, and at that point the Committee will begin to meet monthly, targeting the first Monday of the month at 8:00 p.m.

Shared Services – Councilman Shaw said he received an update from the Manager regarding the recent meeting with the Township of Boonton.

Councilman Shaw also said a Personnel meeting needs to be set up in the near future.

15. PUBLIC COMMENT

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

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

16. ADJOURNMENT at 11:09 p.m.

Motion made by Councilman Shaw, second by Councilman Holmberg, to adjourn the meeting at 11:09 p.m., with all members in favor signifying by “Aye”.

*Consent agenda

Attest: June 25, 2012

________________________________ _______________________________

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