BOROUGH OF MOUNTAIN LAKES COUNCIL MEETING

MONDAY, MAY 14, 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.

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

and Borough Clerk Christina Whitaker.

 

3.  EXECUTIVE SESSION     

         Resolution 65-07

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,

 

·         Police Contract  Arbitration

·         Rensselaer Grads Contract

 

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:  May 14, 2007

 

_____________________                                          _____________________

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

 

Motion by Councilman Shaw, second by Deputy Mayor Davis, to enter into Executive Session with all members in favor signifying by “Aye.”

 

Motion by Councilman Urankar, second by Councilman Shaw to closed the Executive Session at 8:02 p.m., with all members in favor signifying by “Aye.”

 

4. COMMUNITY ANNOUNCEMENTS

Mayor Jackson encouraged everyone to attend the Borough’s Memorial Day

celebration.

 

Councilwoman Emr thanked the Borough Fire Department for its quick response to a fire at her home while she was on vacation. She said the actions of the Fire Department saved her home as well as the home next door.

 

5. PRESENTATION /TRAILS MAP

Loretta Dobrosky – 131 Ball Road/ Member of the Trails Committee

       Mrs. Dobrosky explained that the project has been in the works for a few years.  The project

       was recently completed with the help of a grant. 

       Council members reviewed the sample trails map/brochure and thanked the Committee for 

       its work.

       The Committee suggested that the brochure be sent to every homeowner. The trail signs

       at the parks will eventually be replaced.

       Councilman Gormally suggested receptacles be placed at the end of trails so hikers

       have the option of dropping off the maps when done.    

                       

6. 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.

 

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

 

7.   ORDINANCES

               05-07

              AN ORDINANCE AMENDING CHAPTER 111 OF THE CODE OF THE BOROUGH

  OF MOUNTAIN LAKES MODIFYING THE DEVELOPMENT FEE ORDINANCE, 

  ORDINANCE 3-07, IN ACCORDANCE WITH THE RULES AND REGULATIONS OF

        THE NJ COUNCIL ON AFFORDABLE HOUSING

        PUBLIC HEARING

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

        law.

 

 

     Introduced: April 9, 2007                                                         Adopted: May 14, 2007

Council Member

By:

2nd

Yes

No

Abstain

Absent

By

2nd

Yes

No

Abstain

Absent

Gormally

 

 

 

 

 

X

 

 

X

 

 

 

Emr

 

 

X

 

 

 

 

 

X

 

 

 

Shaw

 

X

X

 

 

 

 

X

X

 

 

 

Davis

 

 

X

 

 

 

X

 

X

 

 

 

Wilson

X

 

X

 

 

 

 

 

X

 

 

 

Urankar

 

 

X

 

 

 

 

 

X

 

 

 

Jackson

 

 

X

 

 

 

 

 

X

 

 

 

 

     

07-07

ORDINANCE AMENDING CHAPTERS 111 AND 237 OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF MOUNTAIN LAKES ON WATER PRICING AND WATER CONSERVATION

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

            Law and a public hearing will be held on May 29, 2007.

           

          Mr. Webb explained how the ordinance was structured.

.                                                            

Introduced: May 14, 2007                                                    Adopted:                   

Council Member

By:

2nd

Yes

No

Abstain

Absent

By

2nd

Yes

No

Abstain

Absent

Gormally

 

X

X

 

 

 

 

 

 

 

 

 

Emr

 

 

X

 

 

 

 

 

 

 

 

 

Shaw

 

 

X

 

 

 

 

 

 

 

 

 

Davis

 

 

X

 

 

 

 

 

 

 

 

 

Wilson

X

 

X

 

 

 

 

 

 

 

 

 

Urankar

 

 

X

 

 

 

 

 

 

 

 

 

Jackson

 

 

X

 

 

 

 

 

 

 

 

 

    

       08-07

      CAPITAL ORDINANCE APPROPRIATING $65,680.00 FOR VARIOUS 

      IMPROVEMENTS OR PURPOSES AUTHORIZED TO BE UNDERTAKEN BY

      THE BOROUGH OF MOUNTAIN LAKES, IN THE COUNTY OF MORRIS, NEW

      JERSEY

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

       law and a public hearing will be held on May 29, 2007.

           

 

  Introduced:   May 14, 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

 

 

 

 

 

 

 

 

 

 

  

09-07

ORDINANCE AMENDING CHAPTERS 40 AND 102 OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF MOUNTAIN LAKES REGULATION SOIL EROSION AND SEDIMENTATION CONTROL.

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

law and a public hearing will be held on May 29, 2007.

    Mr. Webb explained that the State required the Borough to remove all wording in the

present ordinance that had been added since 1974. That would leave the ordinance

in its original form which was agreeable with the State.

    Mayor Jackson noted that there was still wording in the introduced copy that should

    be removed.

    Mr. Murphy will review and make the necessary changes.

 

Introduced:     May 14, 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

 

 

 

 

 

 

 

 

 

 

 

10-07

BOND ORDINANCE PROVIDING FOR VARIOUS CAPITAL IMPROVEMENTS OF THE BOROUGH OF MOUNTAIN LAKES, IN THE COUNTY OF MORRIS, NEW JERSEY, APPROPRIATING THE AGGREGATE AMOUNT OF $699,450 THEREFOR AND AUTHORIZING THE ISSUANCE OF $664,478 BONDS OR NOTES OF THE BOROUGH TO FINANCE PART OF THE COST THEREOF.

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

law, and a public hearing will be held on May 29, 2007.

           

 

Introduced:     May 14, 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

 

 

 

 

 

 

 

 

 

 

 

   11-07/Pulled from the Agenda

  ORDINANCE AUTHORIZING THE EXECUTION OF AN AMENDMENT TO AN  

  AGREEMENT WITH RENSSELAER GRADS, LLC CONCERNING THE RELEASE

  OF A RESTRICTION ON PROPERTY

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

  public hearing will be held on May 29, 2007.

 

               Introduced:                                                                          Adopted:

Council Member

By:

2nd

Yes

No

Abstain

Absent

By

2nd

Yes

No

Abstain

Absent

Gormally

 

 

 

 

 

 

 

 

 

 

 

 

Emr

 

 

 

 

 

 

 

 

 

 

 

 

Shaw

 

 

 

 

 

 

 

 

 

 

 

 

Davis

 

 

 

 

 

 

 

 

 

 

 

 

Wilson

 

 

 

 

 

 

 

 

 

 

 

 

Urankar

 

 

 

 

 

 

 

 

 

 

 

 

Jackson

 

 

 

 

 

 

 

 

 

 

 

 

 

 

      8.  DISCUSSION ITEMS

      A. Non-resident Use of Recreational Facilities 

Mr. Murphy explained the court decision referenced in the Council packets. He explained

that the Judge did not go as far as to include Special Use Facilities in his decision. Mr.

Murphy defined Special Use Facilities as those amenities that the community has

invested money in for the enjoyment of their residents.

 

      Councilwoman Emr said she spoke with the Recreation Director of the municipality

      involved in the lawsuit and was told that it still only permits residents to use its

      recreational facilities.

     

The Council discussed what would be considered Special Use Facilities.

It was determined that Island and Birchwood Beaches as well as the adjoining picnic areas would be Special Use Facilities. The tennis courts and athletic fields also fall in that category according to Mr. Murphy.

Councilwoman Wilson said the Recreation Commission had no problem with non-

residents using the beach facilities during specific hours because most problems took

place after hours when the lifeguards were not on duty.

Council members Ellen Emr, Stephen Shaw, Blair Wilson and Mayor Jackson favored

limited access to the beaches. Councilmen Gormally and Urankar and Deputy Mayor

Davis were in favor of opening the beaches to non-residents for an appropriate fee, and strict enforcement by the police. 

 

Mr. Murphy and Mr. Webb were instructed to draft an ordinance that would allow only residents and their guests and employees of the Borough and Board of Education to use the beach facilities and tennis courts.

   

  1. *RESOLUTIONS

R62-07 - Tax Refund/Deones Appeal 

R63-07 - Salary Amendment / Pulled by Mayor Jackson

R64-07 - Bill List

     

 

      10. *DEPARTMENT REPORTS

A.      Animal

B.     Health Officer

C.     Public Health Nurse

D.     Construction Official

E.     Police

F.      Fire

                         

Council Member

By:

 

2nd:

Yes

No

Abstain

Absent

Gormally

 

 

X

 

 

 

Emr

 

 

X

 

 

 

Shaw

X

 

X

 

 

 

Davis

 

X

X

 

 

 

Wilson

 

 

X

 

 

 

Urankar

 

 

X

 

 

 

Jackson

 

 

X

 

 

 

 

                     

 

         

         

 

 

 

 

 

 

 

 

R 63-07

 

Council Member

By:

 

2nd:

Yes

No

Abstain

Absent

Gormally

 

X

X

 

 

 

Emr

 

 

X

 

 

 

Shaw

X

 

X

 

 

 

Davis

 

 

X

 

 

 

Wilson

 

 

X

 

 

 

Urankar

 

 

X

 

 

 

Jackson

 

 

X

 

 

 

 

 

 

 

 

 

   

   

 

 

 

 

 

   

    11.  ATTORNEY’S REPORT - None

 

12. MANAGER’S REPORT   

Mr. Webb and Mayor Jackson attended a County Shared Services meeting on May 7th.

DPW Forman Earl Mabey will attend the June 11th Council meeting to discuss the recycling

Center at the DPW yard.

The Borough will need to provide retro-reflective signs by 2012. The requirements also reflect

changes in the size and lettering and type of mounted posts.  Borough Engineer Bill Ryden

and DPW Director Mark Prusina will review requirements before choosing new signs and

posts.

 

    13. COUNCIL REPORTS

    The Council discussed the obligation of the High School to present its plans for an electronic sign outside the High School. Many neighbors are not in favor of the sign, but supposedly a petition with 200 signatures had been signed in support of the sign.

    Councilman Gormally explained that the sign would not be purchased with taxpayers’ money.

   

Councilman Shaw updated the Council on the Highlands Plan.

 

The Council discussed the delivery of weekly correspondence and mail when not sent in a meeting packet.  The Borough will hold mail between Council meetings if there is limited communications and nothing significant.

Councilman Urankar said he wanted to continue to have the meeting packets delivered by the Police.

 

Councilman Shaw said that Rob Pitcher will be moving and resigning from the Planning Board. The Shade Tree Commission is down two members.

 

Councilman Urankar said there would be an opening on the Zoning Board of Adjustment in September.

The Woodlands Committee is working on preparing a community seminar to educate residents on evasive species.

The Fire Department will have its annual dinner on June 2nd.

 

Mayor Jackson said the date for the County to take over the Borough’s dispatching is still on target.

 

Motion by Councilman Gormally, second by Deputy Mayor Davis, to go back into Executive Session at 10:25 p.m. to discuss the Rensselaer Grads Agreement, with all members in favor signifying by “Aye.”

 

Motion by Councilman Gormally, second by Councilman Shaw, to return to the public portion of the meeting, with all members in favor signifying by “Aye.”

 

14. ADJOURNMENT

Motion by Councilman Gormally, second by Councilwoman Wilson, to adjourn at

11:23 p.m., with all members in favor signifying by “Aye.”

 

 

*Consent Agenda

          

Attest:

___________________________                            _____________________

Christina Whitaker, Borough Clerk                           George B. Jackson, Mayor