BOROUGH OF MOUNTAIN LAKES COUNCIL MEETING

MONDAY July 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.

Also in attendance were Borough Manager Gary Web, Borough Attorney Marty Murphy and Borough Clerk

Christina Whitaker.

 

3. COMMUNITY ANNOUNCEMENTS

Mayor Jackson said the fireworks display was a great show and thanked all those responsible for making it a success.

 

Councilwoman Emr arrived.

 

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.

 

 Steve Castellucci – Laurelwood Drive

 Mr. Castellucci asked the Council if it was considering his suggestion to have an operational

 audit done.

 

 Mayor Jackson noted that it could be a costly venture and is not included in the budget.

     

 Mr. Webb said he had not yet obtained the information on related costs to have such an audit done. 

  

Peter Holmberg – Hanover Road

Mr. Holmberg said the Recreation Commission discussed granting Borough property owners the privilege of purchasing beach tags the same as residents in the Borough. He said it would only affect a few people who live in a neighboring municipality but still pay property taxes in the Borough.

 

Mr. Webb explained that the Council discussed this at a prior meeting and decided that only residents would be entitled to purchase beach and tennis tags.

 

Andrea Buckingham – N. Pocono Road

Mrs. Buckingham is a resident of Denville but owns a piece of property in Mountain Lakes and pays some property taxes to the Borough.

She told the Council that her family should be entitled to purchase beach tags since she pays residential taxes

to the Borough. She noted that employees of the Borough do not pay property taxes but are still permitted to

purchase tags. 

 

Mr. Holmberg told the Council that the Recreation Commission supported Mrs. Buckingham’s request as well

as the other property owners that may be affected.

        

Mayor Jackson said the Council would have to take it under advisement.

 

Mr. Webb said that whatever the Council decides it should be consistent so as to avoid other problems.

 

Arthur Max – Morris Ave.

Mr. Max suggested to the Council that the PQW/MIA flag hanging at Borough Hall be taken down. As a Viet

Nam veteran, Mr. Max said relations are now restored between the United States and Viet Nam.

He said it would be more appropriate to rotate individual armed service flags to honor our service personnel

and put the POW/MIA up only on certain  days.

 

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

         Public Hearing

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

 

Mayor Jackson opened the public hearing with consent of Council.

 

With no one wishing to be heard, Mayor Jackson closed the Public Hearing.

 

Introduced: June 25, 2007                                          Adopted: July 23, 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

 

 

Davis

X

 

X

 

 

 

X

 

X

 

 

 

Wilson

 

 

X

 

 

 

 

X

X

 

 

 

Urankar

 

 

X

 

 

 

 

 

X

 

 

 

Jackson

 

 

X

 

 

 

 

 

X

 

 

 

      

 

  The fees collected will go into general revenues.

 

6. DISUSSION ITEMS

Council moved Discussion Item C up on the Agenda

 

C. POW/MIA Flag moved up on the agenda.

Mayor Jackson told the Council that it was the consensus of the Memorial Day Committee to take down the flag or fly it only on the days designate on the POW/MIA website.

Following a discussion, the Council agreed to fly the POW/MIA flag on the same 7 days that the Federal Government displays the flag.

      They include: Armed Forces Day, Memorial Day, Flag Day, Independence Day, National POW/MIA Recognition Day, and Veterans Day. 

 

Police Chief Tovo supported Mr. Max’s suggestion of rotating individual armed service flags. The Council

authorized him to purchase the flags.

 

A. Borough Hall Renovation/Addition

    Council members discussed whether they believed the existing building met the fundamental needs of the users.

 

    Councilman Gormally questioned the definition of “fundamental needs”, noting that the departments continue to function daily, meaning that fundamental needs were being met..

    He recommended utilizing the space occupied by the Board of Education administrative offices for municipal needs.   

 

    Councilwoman Emr said that when the building was constructed in 1969, it did not allow for future needs.

    She noted that the heating and cooling system has not worked properly for many years. She said the Council needed to commit to a bigger building to meet today’s needs and future needs.

 

     Councilman Shaw said that more space was needed. Certain officials continue to share spaces, making their jobs more difficult and respecting the privacy of residents almost impossible.

 

    Deputy Mayor Davis said the employees of the Borough deserved better. She noted that there are more employees and departments now than in 1969.

 

    Councilman Urankar said he has always been proud of the modest Borough Hall, but that there are now real needs that must be met. He told the Council that the Borough and employees did not need a grade “A” building, a grade “B” would do fine.

 

    Councilwoman Wilson agreed that the fundamental needs of the users were not being met but cautioned Council that the Borough needed to determine if renovations would be sufficient to meet the needs of the Borough or if a new addition would be more cost efficient.   

 

Mayor Jackson noted that renovations alone might not be the solution to meeting the needs of the Borough. He also noted that certain standards should be met in the building for the employees.  He told the Council that it should not anticipate that the Board of Education would relocate any time soon.  After some research the probability of consolidation of the Police Department was low and the Police Department still needed more space. He said it was time to seriously address the issue while trying to keep the Borough’s debt down.

 

Councilman Shaw and Deputy Mayor Davis said they would be in favor of letting the Board of Education know about the Council’s discussion on additional space for the Borough Hall. Councilman Gormally disagreed that a certain standard should be met when the Council was spending taxpayer’s money. He said more space probably could be utilized but fundamental needs were presently being met.

 

Mr. Webb told the Council that even if the Board of Education space were available, there would still be a shortage of space for police and fire training.

 

Police Chief Tovo said that other options have been presented but the sub-committee has never been allowed to follow through on the possibilities. He told members of Council that every effort has always been made to keep costs low. One of the options suggested included moving the Fire Department to the DPW facility where there is more space.

 

Councilwoman Emr suggested a member of the public be on the sub-committee.

 

The top three areas of concern included the Police and Fire departments and administrative office space.

Councilwoman Emr said storage space was still a major issue.

 

Councilman Urankar noted that the Council was in favor of moving ahead estimating the cost to be between $1 million – 1.5 million. The Council decided to continue with the sub-committee currently in place. 

   

Mayor Jackson opened the meeting to public comment on this matter.

 

Peter Holmberg - Hanover Road

Mr. Holmberg asked the Council if utilizing space in the Midvale area would be a viable option.

 

Mayor Jackson said that was an issue that would need to be researched.

Councilman Shaw said the property is privately owned.

 

Steve Castellucci

      Mr. Castellucci said that as a member of the public he would oppose hiring an architect until an operational

      audit was done.

 

B.  Water Hookups

The Council decided to amend the water conservation ordinance to require every other day

watering in June and September in addition to July and August.  The amendment will also

give the Manager the authority to declare an emergency without a Council resolution and

require hookups to water system and not allow any private water wells where the water system is available.

 

D. January 2008 Council Meetings

The Council decided to hold the second meeting of the month on January 22nd to allow the CFO to pay bills in a timely manner after the first of the year. The first meeting after the reorganization meeting will be canceled.

 

E. Review of 2007 Goals

 

7. *RESOLUTIONS

R 86-07 – Single Issue Bond / removed from Consent Agenda

R 87-07 – Form of Bonds / removed from Consent Agenda

R 88-07 – Award of Solid Waste Bid / removed from Consent Agenda

R 89-07 – Board of Education Request / removed from Consent Agenda

R 90-07 – Lien Redemption / removed from Consent Agenda

R 91-07 – NJ State Firemen’s Association Application/Hendricks and Faulkenberg

R 92-07 – Payment of Bills

R 93-07 – Renewal of JIF Membership 

R 94-07 – Water Main Replacement Program / removed from Consent Agenda

SR 04-07 – MLHS Class of 1962  

 

8. *MINUTES

June 25, 2007 – Regular

July 5, 2007 – Special Meeting

 

       9. *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

 

July 5 minutes

 

Davis

 

 

X

 

July 5 minutes

 

Wilson

 

 

X

 

 

 

Urankar

 

X

X

 

 

 

Jackson

 

 

X

 

 

 

 

 

 

 

                     

 

         

         

 

 

 

    

 

 

                 R 86-07

 

Council Member

By:

2nd:

Yes

No

Abstain

Absent

Gormally

 

X

X

 

 

 

Emr

 

 

X

 

 

 

Shaw

X

 

X

 

 

 

Davis

 

 

X

 

 

 

Wilson

 

 

X

 

 

 

Urankar

 

 

X

 

 

 

Jackson

 

 

X

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

                R 87-07

Council Member

By:

2nd:

Yes

No

Abstain

Absent

Gormally

 

X

X

 

 

 

Emr

 

 

X

 

 

 

Shaw

 

 

X

 

 

 

Davis

 

 

X

 

 

 

Wilson

 

 

X

 

 

 

Urankar

X

 

X

 

 

 

Jackson

 

 

X

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

             R 88-07

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 89-07

Council Member

By:

2nd:

Yes

No

Abstain

Absent

Gormally

 

 

X

 

 

 

Emr

 

 

X

 

 

 

Shaw

 

X

X

 

 

 

Davis

 

 

X

 

 

 

Wilson

 

 

X

 

 

 

Urankar

X

 

X

 

 

 

Jackson

 

 

X

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

                 R 90-07

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 94-07

Council Member

By:

2nd:

Yes

No

Abstain

Absent

Gormally

 

 

X

 

 

 

Emr

 

 

X

 

 

 

Shaw

 

 

X

 

 

 

Davis

X

 

X

 

 

 

Wilson

 

 

X

 

 

 

Urankar

 

 

X

 

 

 

Jackson

 

X

X

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

10. ATTORNEY’S REPORT

 Star Ledger Newspapers in Driveways

 Mr. Murphy said that he had a model ordinance that was acceptable to the Star Ledger.

The Council will review the ordinance. The ordinance would give property owners the ability to file a complaint against the newspaper for unauthorized newspaper drop-offs. 

    

    11. MANAGER’S REPORT   

    2nd Quarter Water Bills   

    Councilman Shaw said he thought that residents’ accounts should be credited because the date of billing

    was confusing.

  

    Councilwomen Wilson and Emr and Deputy Mayor Davis agreed that there was confusion, but the  

    alternative would require too much additional work for the Utilities Clerk following the Manager’s explanation

    of the process.

  

  The other members of Council expressed their concerns but agree to leave it as is.

    

   Deer Culling

   Councilwoman Wilson said the Environmental Commission would place it on the budget request for 2008.

 

   Growth Share Ordinance                

   Mayor Jackson expressed his opinion that the persons responsible should be paying the fees and asked Mr.

   Murphy to review whether the Borough May proceed with a Growth Share Ordinance.

 

12. COUNCIL REPORTS

Candidates for Zoning and Planning Board Positions

Following a discussion motion by Councilman Shaw, second by Councilman Gormally, to appoint 

Mark Cohen to full membership on the Zoning Board of Adjustment to fill the vacancy made by

Jill Gotthelf’s resignation, with all members in favor signifying by “Aye”, with no one opposed, by

Roll Call Vote. Mr. Cohen’s term will run through December 31, 2009.

 

    The Council discussed candidates for the Planning Board, but nothing was decided.

    The Planning Board has a vacancy for a Class IV member due to Rob Pitcher’s resignation.

 

    Councilwoman Wilson noted that the Recreation Commission has addressed the shortage of lifeguards. 

 

     13. ADJOURNMENT

     On motion by Councilman Urankar, second by Councilman Gormally, the meeting was adjourned at 11:23 p.m. with all members in favor signifying by “Aye”.

 

*Consent Agenda

           Attest:

___________________________                            _____________________

Christina Whitaker, Borough Clerk                           George B. Jackson, Mayor

 

The Next meeting of the Borough Council will be held on August 27, 2007 at 8 p.m.