BOROUGH OF MOUNTAIN LAKES COUNCIL MEETING
MONDAY, SEPTEMBER 10, 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.
2. ATTENDANCE AND FLAG SALUTE
All Council members were present.
Also in attendance were Borough Attorney Marty Murphy, Borough Manager Gary Webb and Borough Clerk Christina Whitaker.
3. EXECUTIVE SESSION
Resolution R111-07
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,
· Potential Litigation/Fred Kanter
· Release of Executive Session Minutes
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.
Motion by Councilman Shaw, second by Deputy Mayor Davis, to enter into Executive Session with all members in favor signifying by “Aye”. (7:35 p.m.)
Motion by Councilman Urankar, second by Councilwoman Wilson, to close the Executive Session and return to the public portion of the meeting with all members in favor signifying by “Aye”. (8 p.m.)
4. COMMUNITY ANNOUNCEMENTS
Mayor Jackson reminded everyone that tomorrow was September 11th, the sixth anniversary of the terrorist attack on America. He asked Council and members of the public to take a few minutes to reflect and visit the 911 Memorial at Birchwood Lake.
Councilman Shaw presented the Mayor with a check mounted on a plaque given to the Borough from the Morris County Joint Insurance Fund in the amount of $926,238, which represented the savings the Borough received by being a member in the Fund
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.”
Fred Kanter – Hanover Road
Mr. Kanter asked the Council to change its policy and allow him an additional 10 minutes to speak.
Mr. Kanter reiterated his past claims regarding police enforcement measures. He also accused the Borough Attorney, Manager, and Clerk of failing to do their jobs properly.
Mr. Kanter objected to measures taken by the Recreation Director and Beach Director regarding non-resident use of the beaches.
6. ORDINANCES
15-07
ORDINANCE AMENDING CHAPTER 237 OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF MOUNTAIN LAKES TO PROVIDE FOR MANDATORY WATER CONNECTION AND AMENDING THE WATER CONSERVATION RESTRICTIONS.
If adopted this ordinance shall take effect after publication and passage as provided by law.
Public Hearing
Mayor Jackson opened the public hearing. With no one wishing to be heard, Mayor Jackson closed the public hearing.
Introduced: August 27, 2007 Adopted:
|
Council Member |
By: |
2nd |
Yes |
No |
Abstain |
Absent |
By |
2nd |
Yes |
No |
Abstain |
Absent |
|
Gormally |
|
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X |
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X |
X |
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Emr |
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X |
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X |
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Shaw |
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X |
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X |
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Davis |
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X |
X |
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X |
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Wilson |
X |
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X |
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X |
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Urankar |
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X |
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X |
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X |
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Jackson |
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X |
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X |
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16-07
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
September 24, 2007.
The ordinance is a duplicate of ordinance 14-07 adopted on July 5, 2007.
It was determined that the special meeting held on July 5, 2007 was not advertised properly. Mr. Murphy recommended the Council reintroduce the ordinance and hold another public hearing at the September 24th meeting.
Introduced: September 10, 2007 Adopted:
|
Council Member |
By: |
2nd |
Yes |
No |
Abstain |
Absent |
By |
2nd |
Yes |
No |
Abstain |
Absent |
|
Gormally |
|
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X |
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Emr |
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X |
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Shaw |
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X |
X |
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Davis |
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X |
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Wilson |
X |
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X |
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Urankar |
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X |
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Jackson |
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X |
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17-07
AMENDMENT TO ORDINANCE 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.
Following introduction, the above ordinance will be published in accordance with the law and a public hearing will be held on September 24, 2007.
Introduced: September 10, 2007 Adopted:
|
Council Member |
By: |
2nd |
Yes |
No |
Abstain |
Absent |
By |
2nd |
Yes |
No |
Abstain |
Absent |
|
Gormally |
|
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X |
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Emr |
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X |
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Shaw |
X |
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X |
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|
Davis |
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X |
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Wilson |
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X |
X |
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Urankar |
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X |
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Jackson |
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x |
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18-07
ORDINANCE AMENDING THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF MOUNTAIN LAKES (unauthorized drop-off of newspapers)
Following introduction, the above ordinance will be published in accordance with the law and a public hearing will be held on September 24, 2007.
The Council discussed how the ordinance would deal with the issue of enforcement.
Mayor Jackson said the registration method could be burdensome to the Clerk and the Borough.
Councilman Urankar said he thought it was a littering issue and the municipal ordinance addressing littering should be enforced in these cases.
|
Council Member |
By: |
2nd |
Yes |
No |
Abstain |
Absent |
By |
2nd |
Yes |
No |
Abstain |
Absent |
|
Gormally |
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X |
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Emr |
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X |
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Shaw |
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X |
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X |
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Davis |
X |
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X |
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Wilson |
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X |
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Urankar |
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X |
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Jackson |
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x |
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Introduced: September 10, 2007 Failed 5-2 vote Adopted
7 *RESOLUTIONS
R 108-07 Release of Executive Minutes/ pulled for next meeting
R 109-07 Cancel to Current Fund Surplus / pulled
R 110-07 Payment of Bills
8 *MINUTES
August 27, 2007- Regular and Executive
9.*DEPARTMENT REPORTS
A. Fire
B. Health Officer
C. Public Health Nurse
D. Construction Official
Consent Agenda Vote
|
Council Member |
By:
|
2nd: |
Yes |
No |
Abstain |
Absent |
|
Gormally |
|
|
X |
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|
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|
Emr |
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X |
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Shaw |
X |
|
X |
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Davis |
|
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X |
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Wilson |
|
X |
X |
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Urankar |
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X |
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Jackson |
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X |
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|
R109-07
|
Council Member |
By:
|
2nd: |
Yes |
No |
Abstain |
Absent |
|
Gormally |
|
|
X |
|
|
|
|
Emr |
|
|
X |
|
|
|
|
Shaw |
X |
|
X |
|
|
|
|
Davis |
|
X |
X |
|
|
|
|
Wilson |
|
|
X |
|
|
|
|
Urankar |
|
|
X |
|
|
|
|
Jackson |
|
|
X |
|
|
|
10. ATTORNEY’S REPORT
The Council discussed how to deal with discussions of candidates for appointment to the Committees, Commissions, and Boards.
Mr. Murphy said the Council could have a sub-committee to review candidates, address the issue in open session as a Council, or “Rice Notice” the candidates if it was to be discussed in Executive Session.
11. MANAGER’S REPORT
Bond Sale
Mr. Webb informed the Council that the bonds were sold at 3.967%.
Mr. Webb told the Council that the lakes have been dropped 12 inches in anticipation of the hurricane season.
Mr. Webb updated the Council on the water allocation issue for the past 3
month. The Borough was under its limit all three months.
COUNCIL REPORTS
Councilman Shaw updated the Council on the Borough Hall Study
Committee’s progress.
The committee is meeting every two weeks. This past meeting included a
member of the Planning Board, Historic Preservation Committee and the
Board of Education. The sub-committee hopes to have a presentation
for the November 26, 2007 meeting.
Borough Manager Search
Mayor Jackson said that the Search Committee will be placing
an ad in the League of Municipalities’ Magazine and website for a new manager and meeting with New Jersey Municipal
Management Association next week to discuss the search
process.
The Borough Manager Search Committee has recommended adding new members Herb Kirby, Anne Herrmann and Rainer Mimberg.
Councilman Urankar said the Zoning Board named Peter Bolo as the new chair.
Councilman Wilson said Armen Melikian and Steve Butera have resigned from the Environmental Commission.
Motion by Councilwoman Wilson, second by Deputy Mayor Davis to appoint Corey Nachshen to the
replace Mr. Melikian on the Environmental Commission, with all members in favor signifying by “Aye.”
Councilwoman Emr said the 55 Plus picnic was held and everyone had a good time. The advisory committee already has a full schedule for next season.
Councilwoman Emr said the Lakes Management Committee is concerned
about certain rafts still on Mountain Lake.
Mr. Webb said he was reluctant to have the rafts removed because of the
potential danger involved.
However, summonses had been issued to those in violation of the
Borough Codes.
13. ADJOURNMENT
On motion by Councilman Urankar, second by Councilman Gormally, with
all members in favor signifying by
“Aye”, the meeting was adjourned at 9:32 p.m.
*Consent Agenda
Attest:__________________ _____________________
Christina Whitaker, Borough Clerk George B. Jackson, Mayor