BOROUGH OF MOUNTAIN LAKES COUNCIL MEETING

MONDAY, JANUARY 22, 2007

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 on January 3, 2007 and posted in the municipal

       building.

 

Mayor George Jackson called the meeting to order at 7:30 p.m.

 

2.      ATTENDANCE AND FLAG SALUTE

All Council members were present except for Councilmen Gormally and Urankar.

 Also in attendance were Borough Manager Gary Webb, Borough Attorney Marty Murphy 

 and Borough Clerk Christina Whitaker.

      

       3.  EXECUTIVE SESSION     

         Resolution

WHEREAS, the Borough Council of the Borough of Mountain Lakes, County of

Morris, State of New Jersey finds it necessary to discuss matters relating to,

 

·         Police Contract Negotiations

·         Shared Services

·         Anticipated Litigation

 

WHEREAS, the Borough Council believes it to be in the best interest of the public to discuss such matters in closed session.

 

NOW, THEREFORE, BE IT RESOLVED by the Borough Council of the Borough of Mountain Lakes, that it shall enter Executive Session to discuss only those matters mentioned above; the results of which will be disclosed when the matters are resolved and upon vote of the Governing Body to release the minutes.

 

Dated:  January 22, 2007

 

_____________________                                          _____________________

Christina Whitaker, R.M.C.                                         George B. Jackson, Mayor

 

Motion by Councilman Shaw, second by Deputy Mayor Davis, with all members in favor   signifying by “Aye” to enter Executive Session at 7:32 p.m.

 

Councilman Gormally arrived at 7:40 p.m.

 

Motion by Councilman Shaw, second by Councilman Gormally to return to the public portion  

of the meeting.

 

 

 

 

 

4.      SPECIAL PRESENTATION/MIDVALE REDEVELOPMENT

Chris Palazzi /Harry Russell

The Borough Council previously created a Midvale Redevelopment Committee which recommended development of the Midvale Market area. The Council also endorsed the concept along with the objective of meeting the Council on Affordable Housing (COAH) requirements.

Chris Palazzi provided a visual presentation, which provided the Council and public with a glimpse of the area in the 1930’s and 1960’s. The proposed development would attempt to imitate the aesthetics of the original buildings in the area.

He asked the Council to consider allowing them to use a band of land owned by the Borough so underground parking could be implemented and above ground parking could be expanded. 

The proposed project would require the Borough to consider building height flexibility due to the design of the buildings.

Mr. Palazzi said that at this point in the project only covers the property he owns and the Borough’s property had been included in the design.

The proposal would include 15 residential units instead of the five units that already exist.

An additional 65 parking spaces were proposed which would bring the total to 137 spaces. The 20,000 sq. ft. of commercial space would remain the same.

If the Borough disallowed the use of Borough-owned property, Mr. Russell said the parking area would have to be reduced and 2-4 living units would be eliminated.  

Councilwoman Emr expressed her concern that the existing buildings might be demolished. Mr. Palazzi said he would be willing to work with the Historic Preservation Committee to try and preserve the buildings, but thought it would be difficult to accomplish.   

The Council agreed to review the height ordinance and bulk requirements associated with the project and recommended that the property owner proceed to the Planning Board for review.

.

5.  PUBLIC COMMENT

Before opening the meeting to public comment, Mayor Jackson explained the Council’s policy of limiting each speaker to 5 minutes and no yielding of time to another person.

 

 Sandy Batty - Lockley Court

 Ms. Batty expressed her concern about stormwater runoff in the Midvale area.

 She suggested the Council establish a committee to review the newly released Highlands Plan. The deadline for comments from municipalities is March 2, 2007.

 

Richard Broome - 251 Morris Ave.

Mr. Broome said he would like the Council to review Mr. Palazzi’s plan in a broader context. He expressed concern as to whether additional parking and residential units in that area would produce a negative impact on the neighborhood.

Deputy Mayor Davis said that his concerns would be addressed during the Planning Board process. Councilman Shaw noted that the proposed project was smaller in scope then the one first presented in 2003.

     

6.  ORDINANCES

ORDINANCE 01-07

 AN ORDINANCE AMENDING CHAPTER 185 OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF MOUNTAIN LAKES AND DELEGATING THE AUTHORITY TO APPROVE THE GRANTING OF RAFFLE LICENSES TO THE BOROUGH CLERK

  Following introduction, the above ordinance will be published in accordance with the law

  and a public hearing will be held on February 12, 2007.

 

Introduced: January 22, 2007                                  Adopted:

Council Member

By:

2nd

Yes

No

Abstain

Absent

By

2nd

Yes

No

Abstain

Absent

Gormally

 

 

X

 

 

 

 

 

 

 

 

 

Emr

 

 

X

 

 

 

 

 

 

 

 

 

Shaw

X

 

X

 

 

 

 

 

 

 

 

 

Davis

 

X

X

 

 

 

 

 

 

 

 

 

Wilson

 

 

X

 

 

 

 

 

 

 

 

 

Urankar

 

 

 

 

 

X

 

 

 

 

 

 

Jackson

 

 

X

 

 

 

 

 

 

 

 

 

           

 

 

 

 

 

 

 

 

 

 

 

ORDINANCE 02-07

 AN ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK

 Following introduction, the above ordinance will be published in accordance with the law

 and a public hearing will be held on February 12, 2007.

           

Introduced:  January 22, 2007                                             Adopted:

Council Member

By:

2nd

Yes

No

Abstain

Absent

By

2nd

Yes

No

Abstain

Absent

Gormally

 

 

 

X

 

 

 

 

 

 

 

 

Emr

 

 

X

 

 

 

 

 

 

 

 

 

Shaw

 

 

X

 

 

 

 

 

 

 

 

 

Davis

 

X

X

 

 

 

 

 

 

 

 

 

Wilson

X

 

X

 

 

 

 

 

 

 

 

 

Urankar

 

 

 

 

 

X

 

 

 

 

 

 

Jackson

 

 

X

 

 

 

 

 

 

 

 

 

                                                           

 

 

 

 

 

 

 

 

 

 

 

7. DISCUSSION

            A.  Recreation Director’s Bonus

Mr. Webb explained that the Recreation Commission has recommended a $1500 bonus

for the “exemplary work” of Recreation Director Denise Brennan in 2006.

The bonus would be paid from the Summer Recreation Program fund.  This program was transferred from the current budget to the recreation trust account in 2005.  The summer recreation trust account has a positive balance of $8,353.50.

   Councilman Shaw said it was not a function of the Council to issue bonuses. However,

   the Manager should be allowed to use his discretion in personnel matters.

Mr. Webb noted that he has not encouraged this type of action in the past.

We certainly do not have a municipal budget that would support such a program.”  

Councilwoman Wilson said the Council should adhere to its present policy of not issuing bonuses.

Mayor Jackson noted that the Board of Education does have a policy of giving bonuses.

Councilman Gormally supported the use of employee bonuses as an affective management tool.

The general consensus was not to support bonuses.

 

            B.  Development Fee Ordinance/Growth Share Ordinance

Mr. Murphy explained that it would be prudent to send the changes made to the Development Fee Ordinance to COAH first before spending money to advertise its introduction.

The Council was not totally in agreement with section (3) “Exemptions” to development

fees for existing homes being improved.

Councilwoman Wilson said that other municipalities she has worked with, have attached

a fee on improvements made. Councilman Shaw agreed. Mayor Jackson said the

burden should be placed on those creating a COAH obligation.

The Council agreed to eliminate letter (a) under section 3 “Exceptions” in the draft Development Fees ordinance and include fees for home improvements. The revised ordinance will be sent back to COAH for review.

 

 Following a brief discussion on the Growth Share Ordinance, the Council decided to ask Borough Planner Susan Kimball to attend the next regular meeting to discuss the ordinance and not forward it to COAH for review.

 

C.     Key to Borough

Mayor Jackson explained that Duke Smith and Jud Breslin had requested that the Council give a Key to Borough to Howard and Martha Wenk.  They are in their 90’s and have lived in the Borough for 61 years and will be moving.

Mayor Jackson explained that the Council previously presented a key to Bill and Ruth Harrison.  In other situations, such as the birthdays of Ralph Wells and Charles Hyson, the Borough has issued resolutions and/or proclaimed a day in their honor. When Mr. Breslin was Mayor he presented an engraved key to Charles Eades with the consent of the Council.

Following the discussion, it was the consensus of the Council to present the Wenks with a special resolution for their years of service to the community and proclaim a day in their honor.

             

8. *RESOLUTIONS

R41-07 – Morris County Mobile Data Terminal Services

R42-07 – Lakes Management Bid

R43-07 – Committee/Commission/Board Appointments

R44-07 – Bill List

 

 9 *MINUTES

       December 11, 2006 - Regular

       January 2, 2007 - Reorganization   

 

10. *DEPARTMENT REPORTS

A.      Animal

B.     Health Officer

C.     Public Health Nurse

D.     Construction Official

E.     Fire Department 

F.      Police

G.     DPW

                        

Council Member

By:

 

2nd:

Yes

No

Abstain

Absent

Gormally

 

 

x

 

 

 

Emr

 

 

x

 

 

 

Shaw

x

 

x

 

 

 

Davis

 

 

x

 

 

 

Wilson

 

x

x

 

 

 

Urankar

 

 

 

 

 

x

Jackson

 

 

x

 

 

 

 

 

 

                     

 

         

         

 

 

 

 

 

      11.  ATTORNEY’S REPORT

Mr. Murphy explained the Municipal Vacancy Law.  Under the law, a seat is deemed vacant if an elected official or commissioner has missed 3 consecutive meetings. However, the governing body has the authorization to excuse the official, preventing the loss of the seat. 

Mr. Murphy will send a memo of explanation of the law to Councilman Urankar who was

absent from the meeting.

 

      12. MANAGER’S REPORT

Annual Report (hereto attached).

Monthly Report (hereto attached)

Mr. Webb explained that the 2007 Capital Budget would contain the redevelopment of well # 3 in order to meet the Borough’s firm capacity needs under the State DEP regulations.

The Manager offered suggestions on water conservation efforts for 2007. An ordinance would need to be adopted if any of the suggestions were to be acted upon.

 

The Family & Friends for Freedom Fund 5/10K Run/Walk

The request came from the Borough’s Public Health Nurse who would help organize the

Memorial Day weekend event.

It was the consensus of the Council to allow the event. Mr. Webb will inform the nurse.

 

13. COUNCIL REPORTS

Mayor Jackson provided an update on the Council’s 2007 Objectives (hereto attached)

Councilman Gormally told the Council that the Finance Committee discussed some budget issues at its last meeting.

Councilwoman Emr said the Historic Preservation Committee would like to change its meeting times to the a.m. The Committee wants signs erected to indicate the Borough has a historic designation. The Council will discuss the matter during its budget discussions.

Eileen Dunn will serve on the 55 Plus Advisory Committee.

 

The Traffic and Safety Committee will be chaired by Jim Bailey. The Committee will continue to work on traffic and parking issues at the High School. Councilwoman Wilson said there have been some complaints by parents regarding students, mostly juniors, receiving parking tickets and the lack of no parking signs in the areas.

 

Motion by Councilman Gormally, second by Councilman Shaw, to reenter Executive Session, with all Council members in favor signifying by “Aye”.

 

Motion by Council Shaw, second by Councilman Gormally, to close the Executive Session and return to the public portion of the meeting, with all Council members in favor signifying by “Aye” at 10:58 p.m.

 

14. ADJOURNMENT

On motion by Councilman Gormally, second by Deputy Mayor Davis, with all members in favor signifying “Aye” the meeting was adjourned at 11 p.m.

 

 

*Consent Agenda

          

Attest:

___________________________                            _____________________

Christina Whitaker, Borough Clerk                           George B. Jackson, Mayor