BOROUGH OF MOUNTAIN LAKES COUNCIL MEETING/ WORK SESSION

BOROUGH OF MOUNTAIN LAKES COUNCIL MEETING

Also Attending; Borough Planning Board

MONDAY, APRIL 23, 2007

8:00 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 Jackson called the meeting to order at 8 p.m.

2. ATTENDANCE AND FLAG SALUTE

All Council members were present except for Councilwoman Emr. Councilman

Urankar arrived at 8:07 p.m.

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

and Borough Clerk Christina Whitaker. Planning Board members in attendance were

Barbara Palmer, Sandy Batty, Armen Melikian and Joan Nix were in attendance along with

Planning Board Attorney Peter Henry and Administrative Secretary Marge Jackson.

3. COMMUNITY ANNOUNCEMENTS

Arbor Day will be held on April 27^th and will honor Joan Best.

The Woods and Lakes Run will be held on April 28.

The Touch a Truck event will be held on May 6^th.

4. SPECIAL PRESENTATION

· Rensselaer Grads - Weber Homes/Request for Change in Developers Agreement

Roy Kurnos, Attorney for Weber Homes explained that the Developer was there to request an amendment to the Developers Agreement that would eliminate the age restriction. Also, Mr. Kurnos noted that the recent court decision could affect getting approval from the Council on Affordable Housing (COAH) and the decision of the Appellant Division, would affect obtaining permits to begin the work. The developer was asking that permits be issued before COAH approvals were completed.

William Weber of Weber Homes told the Council that in 2006 the real estate market began to fall, especially for age restricted housing. Banks now considered age restricted housing too risky an investment.

Neil Goldberg from the Otteau Group said he had 22 years of experience as an appraiser and consultant. He told the Council that based on research; it would be unadvisable to invest in age restrictive housing at this time. He provided statistics to back his recommendation.

The Council discussed the demographics provided.

Councilman Shaw said that age restriction was an encumbrance on resale and agreed that the market had changed.

Councilman Gormally was not convinced that the information provided was compared properly since it appeared to be based solely on velocity.

Councilman Urankar wondered if removing the age restriction would affect the sale of units. He told Mr. Goldberg that most people move to Mountain Lakes for the school system.

Mr. Goldberg agreed that many people move to the community because of the schools. However, he said that most people with children would be more likely to purchase a house in the Borough, since the cost would be relatively the same as the townhouses. The target age group for the units would be between 45-55 years of age and because of the proximity to so many desirable things, he believed the units would sell very well without the age restriction.

Douglas Kennedy, resident of Mountain Lakes and the president North Fork Bank of New Jersey, a subsidiary of Capital One, said that an age restricted project, as proposed, would have a problem getting the capital needed to finance the project. He explained that the number of potential buyers would be 30% less if the units were age restricted.

Marty Murphy discussed the wording of the new agreement with the Council. Roy Kurnos was agreeable to some language changes.

5. PUBLIC COMMENT

Mayor Jackson explained the Council’s policy of limiting each speaker to 5 minutes and no

yielding of time to another person.

Mayor Jackson read the following statement before opening the public comment portion of

the meeting:

“Mr. Kanter has served a written notice of his intent to make a tort claim against the Borough of

Mountain Lakes claiming that the Borough, its employees, and elected officials are engaged in

conduct that he alleges is harassing. On the advice of counsel any questions directed to us at

this meeting by Mr. Kanter will be reviewed by our legal counsel; and if appropriate, will be

responded to in writing. It is our considered judgment this procedure will minimize disruption

and protect the interest of the public.”

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

Fred Kanter - Hanover Road

Mr. Kanter told the Council that he and his family were being harassed by local officials and

the police force.

With no one else wishing to be heard, Mayor Jackson closed the meeting to public

comment.

Councilwoman Wilson, Councilman Shaw and Councilman Urankar all agreed that the age restriction should be lifted and the permits issued before COAH approval.

Deputy Mayor Davis said the age restriction concept came directly from the developer. She said she would like to know how the Planning Board views this new request.

Councilman Gormally noted that a great deal of the review by the Planning Board dealt with the aspects of age restricted housing, including traffic volume.

Mayor Jackson said he did not want the project compromised by the age restriction, but he had some concerns about timely development of the project.

Planning Board Attorney, Mr. Henry, said the Planning Board could not review the request until the Council consented to lifting the age restriction.

Executive Session

6. EXECUTIVE SESSION (IF NECESSARY) Rensselaer Grads Contract Negotiations legal

(Pursuant to the Open Public Meetings Act, P.L. 1975, Chapter 231)

Resolution R61-07

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:

· Changes to Developers Agreement with Rensselaer Grads

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.

Attest:

___________________________ _____________________

Christina Whitaker, Borough Clerk George B. Jackson, Mayor

Motion by Councilman Urankar, second by Councilman Gormally, with all members in favor signifying by “Aye” to enter Executive Session.

Motion by Councilman Gormally, second by Deputy Mayor Davis, to close the Executive Session and return to open portion of the meeting with all members in favor signifying by “Aye”.

7. ORDINANCES

06-07

THE SALARY, WAGE AND COMPENSATION OF THE OFFICERS AND EMPLOYEES OF THE BOROUGH OF MOUNTAIN LAKES, IN THE COUNTY OF MORRIS, NEW JERSEY.

PUBLIC HEARING

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

law.

Introduced: April 9, 2007 Adopted:

Council Member

By:

2^nd

Yes

Abstain

Absent

2nd

Yes

Abstain

Absent

Gormally

Emr

Shaw

Davis

Wilson

Urankar

Jackson

07-07

ORDINANCE AMENDING CHAPTERS 111 AND 237 OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF MOUNTAIN LAKES

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

law and a public hearing will be held on May 14, 2007

Mr. Webb explained why it was necessary to raise the water rates at this time. The NJ Department of Environmental Protection expects the municipality to implement make water conservation measures.

The Council discussed the specific changes to the ordinance.

The following is the vote to amend and carry to the next meeting.

Introduced: April 23, 2007 Adopted:

Council Member

By:

2^nd

Yes

Abstain

Absent

2nd

Yes

Abstain

Absent

Gormally

Emr

Shaw

Davis

Wilson

Urankar

Jackson

8. *RESOLUTIONS

R54-07 - Salary Resolution

R55-07 - Tax Appeal Refund/Bradlee

R56-07 - Tax Appeal Refund/Menack

R57-09 - Tax Appeal Refund/Pinke

R58-07 - Tax Appeal Refund/Royce

R59-07 - Tax Appeal Refund/Stock

R60-07 - Bill List

9. *MINUTES

March 12, 2007 (Executive)

March 12, 2007 (Regular)

April 9, 2007 (Executive)

April 9, 2007 (Regular)

Council Member	By:	2^nd:	Yes	No	Abstain	Absent
Gormally			X		57-07 58-07
Emr						X
Shaw			X
Davis	X		X
Wilson		X	X
Urankar			X
Jackson			X

10. ATTORNEY’S REPORT - None

11. MANAGER’S REPORT

Mr. Webb updated the Council on geese addling.

Councilman Shaw noted that there was continued problem with residents disposing unacceptable items in the recycling bins.

Mr. Webb said the items seem to be deposited on weekends when there are no DPW workers on site.

The Council will discuss the matter further at another meeting.

12. COUNCIL REPORTS

Councilman Shaw updated the Council on the Highlands Plan.

The consensus of the Council was that it needed more information before it could summit comments.

Jill Gotthelf will be leaving the Zoning Board in September.

The Woodlands Committee is working hard on the issue of evasive plants in the Borough.

The Trails Committee would like to attend a meeting to present a copy of the new trails map.

Mayor Jackson said the Council needed to revisit the problems associated with the present Borough Hall and decide what direction it wanted to take.

The Building Committee will schedule a meeting to discuss the matter.

13. ADJOURNMENT

On motion by Deputy Mayor Davis, second by Councilman Gormally, with all members in favor signifying by “Aye” the meeting was adjourned at 11:25 p.m.

*Consent Agenda

Attest:

___________________________ _____________________

Christina Whitaker, Borough Clerk George B. Jackson, Mayor