BOROUGH OF MOUNTAIN LAKES COUNCIL MEETING/ WORK SESSION

BOROUGH OF MOUNTAIN LAKES COUNCIL MEETING

MONDAY JUNE 25, 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 George Jackson called the meeting to order at 8:00 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. COMMUNITY ANNOUNCEMENTS

Councilman Stephen Shaw said he was pleased to see the interest shown by eighth

graders attending a municipal government program at the Briarcliff School. The event

was sponsored by the League of Women Voters and the Borough Council.

4. 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 a Parsippany judge found him guilty in local court on the no parking violation issued to him last year.

He said that the Borough’s Prosecutor told the judge that that Borough would not fight the appeal. He accused the Council of costing him money to appeal summonses that it knew would not hold up in a court of law.

He also complained that the minutes did not reflect his questions to Council. He asked the Council how it justified not protesting an appeal by him and why it continued to employ persons he claimed were incompetent.

Elaine Boyle - Powerville Road

Ms. Boyle told the Council of three incidents last year involving non-residents using the

beaches. The occurrences made her uncomfortable and concerned and she continued to be

concerned this year. (hereto attached)

Joe Morgis - West Shore Road

Mr. Morgis told the Council that he had seen drug use, distribution of alcohol, driving under

the influence and public nudity by non-residents using the Birchwood Lake beach facilities. He said he was speaking for over 60 families who were afraid to use the beaches because the behavior of some individuals was out of control.

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

the meeting.

5. ORDINANCES

13-07

ORDINANCE AMENDING CHAPTER 102, "ENVIRONMENTAL FACTORS;

SOIL, WATER AND TREES", 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 July 23, 2007.

Introduced: June 25, 2007 Adopted:

Council Member

By:

2^nd

Yes

Abstain

Absent

2nd

Yes

Abstain

Absent

Gormally

Emr

Shaw

Davis

Wilson

Urankar

Jackson

Mr. Webb said the ordinance was in response to a recommendation of the Shade Tree Commission and further assessment by him. He said he hoped the increase in fee would help deter homeowners from removing more than three trees a year.

Mayor Jackson noted that the increase was substantial and asked if it was really warranted.

Councilman Urankar agreed with the Mayor and asked Mr. Webb if this increase could be justified.

Mr. Webb said the Commission and he believed the fee was reasonable in order to curtail removing trees during construction. He said that the $250 is a comparative cost to replace a tree.

The Council discussed the criteria for tree removals. Under the Borough’s present ordinance it cost $100 to remove four to 10 trees. It also allows homeowners to remove up to three trees without any cost.

Mr. Murphy explained that the Council did need to show a correlation to justify the increase in fee.

Councilman Urankar suggested the fees be assigned to a program that would benefit the town.

Councilman Shaw said he could not support the ordinance because he did not support the original ordinance regulating trees on private property.

Councilwoman Wilson said many residents have complained about the number of trees being cut down in the Borough.

Mr. Murphy suggested the Council use a portion of the fee to assist in planting shade trees on Borough owned property.

Councilwoman Davis said she would prefer that the money be tied into the general fund and not a separate account.

Discussion Item B was moved up on the agenda so the public would have an opportunity to hear the matter discussed by Council.

B. Recreation Facilities

Recreation Director Denise Brennan and Beach Director Dede Conlon were invited to

take part in the discussion.

Councilman Shaw said he would support an ordinance prohibiting use of beach facilities

by non-residents. He explained that he received reports of swimming in underwear,

smoking on the beach and young people challenging authority. The actions of these

individuals have affected many of the Mountain Lakes young people who are now afraid

to go back into the water or come to the beach.

Mr. Webb explained what powers the Recreation Commission had relating to the beach

regulations.

Mrs. Brennan said the Recreation Commission would be placing signs stating beach

regulations.

She told the Council about several incidences and said that the police responded and

removed the offenders under the rules and regulations set forth by the Recreation

Commission.

Mr. Webb explained that until Ordinance 14-07 goes into effect, the beaches will be

monitored under the Recreation Commission “Rules and Regulations.”

Some members of the Council were concerned with the legality of the ordinance.

Mr. Murphy said it was his opinion that the ordinance was defendable because the

beach facilities and tennis courts are “special use facilities” and can be regulated any

way the Council sees fit. He explained that if Green Acres funding had been used, the

situation would be different.

Councilwoman Emr said that after reading the definition of “special use facility” she

agreed with the attorney.

Mrs. Brennan said that what occurred this year was a new experience. Many families

with children were finding the experiences uncomfortable.

She said that monitoring the picnic areas would be more difficult.

Mr. Webb explained the current patrolling policy of the police.

Councilman Gormally suggested that the police should be getting out of their vehicles

while patrolling the beach areas.

Mr. Webb said that it has never been their policy to get out of the vehicle unless a

situation warranted it.

Mr. Webb told the Council that he was comfortable with the current police policy.

Councilwoman Wilson expressed her concern with requiring all residents to have

beach tags, even if they visited the beaches after the life guards were off duty.

Mrs. Conlon told the Council that the problems usually occur after 6 p.m. and that was

the time when greater enforcement was needed.

Councilman Gormally said that the Borough has limited resources which need to be protected for the residents of the Borough. In addition, safety issues still needed to be addressed

Councilman Urankar also said he was concerned for the safety of the residents and upset

that many were afraid to use the beach facilities because of recent incidents. However, he

said he was somewhat reluctant to support the ordinance unless the Borough was certain it could defend its actions,

Mr. Murphy told the Council that if capacity is an issue, regulated usage is an acceptable

reason to pass the ordinance.

Mayor Jackson reopened the public comment portion of the meeting to address the beach

facilities issue.

Angelo George – West Shore Road

Mr. George asked if non-residents could still purchase daily passes.

Mr. Webb said the lifeguards were no longer selling the passes.

Vicki Allison – Raynold Road

Mrs. Allison said that she and her four young children spend a great deal of time at the

beach. But yesterday she and the children left the beach after feeling threaten. She said

that people were swimming in their underwear, drinking, smoking and physically pushing

others. She said that after 6 p.m. there was still a large group of non-residents on the

beach.

Debbie Dewing - 33 Arden Road

Mrs. Dewing urged the Council to put in place an ordinance making the beaches

exclusive for residents and their guests. Safety issues were her major concern.

Sue Marshall – Morris Ave.

Mrs. Marshall said her two sons are lifeguards in the Borough and the recent incidents

convinced her that they were not safe if something was not done to immediately.

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

session.

Councilman Gormally noted that the cost of beach tags does not cover the cost of

maintaining the beaches and suggested revisiting the matter at a later date to discuss

eliminating the fee.

14-07

ORDINANCE AMENDING CHAPTER 173 OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF MOUNTAIN LAKES AND ESTABLISHING A RESIDENCY REQUIREMENT FOR “SPECIAL USE” FACILITIES

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

law and a public hearing will be held on July 5, 2007.

The Council decided to hold a Special Meeting on July 5, 2007 for the public hearing of ordinance 14-07. The Clerk will advertise the meeting in the Daily Record allowing the appropriate time period for a legal notice. It was determined that there would be a quorum present for the meeting. The time was set for 6:30 p.m. because the Zoning Board’s regular meeting was scheduled for 7:30 p.m. on the same evening.

Introduced: June 25, 2007 Adopted:

Council Member

By:

2^nd

Yes

Abstain

Absent

2nd

Yes

Abstain

Absent

Gormally

Emr

Shaw

Davis

Wilson

Urankar

Jackson

6. DISUSSION ITEMS

A. Borough Hall Renovation/Addition

Deferred to July 23, 2007 regular meeting

B. Recreation Facilities (moved up on the Agenda)

C. 401 Morris Avenue

The homeowner has requested cutting down the undergrowth and maintaining the areas

that is in the Borough right-of way.

Councilman Shaw noted that the property currently is an eyesore and as long as vegetation is maintained as a goose barrier he supported the request.

Mayor Jackson noted that the area in question was like a front yard.

Mr. Webb explained that whenever there was anything to be done the homeowner comes to see him regarding the matter.

Mr. Webb suggested a maintenance agreement

However Councilwoman Wilson and Deputy Mayor Davis were not in support of an

agreement.

Motion made by Councilman Urankar, second by Councilman Shaw to have Mr. Murphy draw up a maintenance agreement for the current resident, with Council

members Urankar, Shaw, Emr and Mayor Jackson voting” Aye” and Councilman

Gormally, Councilwoman Wilson and Deputy Mayor Davis voting “Nay”.

D. Municipal Alliance Committee

The Committee has requested putting up a banner to help recruit members.

Motion by Councilman Urankar, second by Councilwoman Wilson, to allow MAC to hang

a banner at the train station for two weeks, with all members in favor signifying by “Aye”

except for Deputy Mayor Davis who voted “Nay”.

7. *RESOLUTIONS

R79-07 – Zeris Liquor License Place to Place Transfer (Expansion of Premise)

R80-07 – Revenue/ Alcohol Education & Rehabilitation Fund

R81-07 – Revenue/Clean Community Grant

R82-07 - Revenue/Supplemental 2007 Alliance Funding

R83-07 - Application for 2% Loan for Sunset Dam

R84-07 - Payment of Bills

8. *MINUTES

May 29, 2007 Regular

May 29, 2007 Executive

June 11, 2007 Regular

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

9. ATTORNEY’S REPORT - None

10. MANAGER’S REPORT

Mr. Webb explained that the bond attorney has recommended a bond sale.

The Finance Committee will be discussing the matter at its July 17 meeting.

A resolution will be presented at the July 23 meeting.

Mr. Webb told the Council that Police Chief Tovo sent a memo stating that he had been

requested by some residents to place a Yield sign at Condit and Tower Hill. The Chief said

he supported the resident’s request.

Mr. Webb reported that water usage was on target and June’s totals are fine so far. Water

monitoring is done daily.

11. COUNCIL REPORTS

Mayor Jackson asked the Council to provide a list of candidates for membership to the

Zoning and Planning Boards.

Councilwoman Emr said the 55 Plus Committee has had its end of year dinner.

The Historic Preservation Committee is planning an Arts and Craft Fair to bring awareness to

the craftsman movement. It could possibly be tied in with the house tour event.

12. ADJOURNMENT

Motion by Councilman Urankar, second by Councilman Shaw to adjourn at 10:59 p.m. with all

members in favor signifying by “Aye”.

*Consent Agenda

Attest:

___________________________ _____________________

Christina Whitaker, Borough Clerk George B. Jackson, Mayor