BOROUGH OF MOUNTAIN LAKES COUNCIL MEETING

MONDAY, DECEMBER 8, 2008

7:30 PM

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, 2008 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 Attorney Robert Oostdyk, Borough Tax Assessor

Rick DelGuercio, Borough Manager Joe Tempesta, and Borough Clerk Christina

Whitaker.

 

 3.   EXECUTIVE SESSION

         Resolution

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 Tax Appeal Litigation/Uniform Borough Tax Reassessment

·        Shared Services/Courts

·        PBA Contract Negotiations

 

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 Happer, second by Deputy Mayor Gormally, to enter into Executive Session with all members in favor signifying by “Aye.”

 

Motion by Councilman Shaw, second by Deputy Mayor Gormally, to close the Executive Session at 8:13 p.m. and return to the public portion of the meeting, with all members in favor signifying by “Aye.”

 

3.     COMMUNITY ANNOUNCEMENTS

Mayor Jackson said that there was a good gathering of residents for the Christmas tree lighting.

The Menorah lighting is scheduled for December 21 at 7 p.m.

The Mountain Lakes football team won the State Championship on December 5.

4.     PRESENTATION/ Fibertech/R96-08

Dennis Lincoln, attorney for Fibertech, explained the purpose of requesting an agreement with the Borough and the scope of the proposed project.

  Fibertech is a competitive local exchange telecommunication carrier that installs fiber optic  

  lines on existing poles or underground, along major arteries. It then leases the lines to

 customers for high-speed data services to communicate with each other. The project will

 run through parts of New York, Pennsylvania and New Jersey. The N.J. Board of Utilities 

 has certified Fibertech. Mr. Lincoln explained that it was before the Council to seek 

 authorization even though the Borough cannot deny the company access.  

 Some members of Council expressed their concerns. Mr. Lincoln said that the Board of

 Utilities had already reviewed and addressed those concerns before issuing the company its

 certification. A map was provided that indicated the route that would be taken. The majority

 of the project runs along Mountain Lakes’ border on Intervale Road.

 

    5.  PUBLIC COMMENT

Fire Chief Steve Butera read a statement on behalf of the fire department. (Hereto

attached)

He said the items lacking in the fire department are not “wants” as some residents

suggested at the public meeting, but necessities, such as a decontamination shower, toilet

facilities and adequate meeting and training space.

 

Joan Best – Resident/Employee

Ms. Best read a statement addressing the need for an addition to the Borough Hall and

asked the Council to move forward with its plans. (Hereto attached)

 

 Sandy Batty-Lockley Court

 Ms. Batty asked the Council to adopt the Highlands resolutions on the agenda.  She said she felt there was no downside to doing so. She also asked the Council to file for the Highlands grant.

 She commented on the possibility of combining the Board of Adjustment and Planning Board

 into one Board. While she said it was an interesting concept, she reminded the Council that

  the two Boards serve two separate purposes.

 

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

 the meeting.

 

6.  DISCUSSIONS

A. Borough Hall Facilities (Hereto attached)

        The Council discussed how to proceed following the architect’s presentation on November 24, and the Facilities

        Committee findings report.

 

      The consensus of the majority of Council was that improvements needed to be made to the Borough Hall. Councilwoman Emr told the Council that while other Councils have procrastinated on improvements the problems have continued to get worse.

      The Council decided that it should “first come to a consensus on shared services and then reevaluate the building if the

      users change.” Members of Council said a time limit should be set to review shared services so Council could move

      forward in a timely manner.

Mayor Jackson and Deputy Mayor Gormally said they would like to broaden the Facilities Committee to include more   

residents. 

Councilman Shaw and Deputy Mayor Gormally will draft a mission statement and charter for the new Facilities

Committee.

 

Mr. Tempesta told the Council that continued repairs on the HVA system was a waste of money.

 

B. Land Use Board

The Council discussed establishing one Board to handle both planning and zoning issues.

Due to the slowdown in the real estate and development market there has been fewer applications to the Boards.  Establishing one Board might have some benefits.

However, the Council decided not to move forward until other alternatives were reviewed.  Deputy Mayor Gormally said the Borough needed to find other cost saving measures. Councilwomen Emr and Wilson said they preferred the separation of the Boards. So far there is no problem finding volunteers for both the Boards.

The Manager will discuss changing the fee arrangements with the existing professionals that might be more cost effective for the Borough. 

 

7.  *RESOLUTIONS

         R 144-08 Petition for Substantive Certification - pulled

         R 145-08 Petition Highlands Council - pulled

         R 146-08 Payment of Bills

         R 147-08 Professional Services/Converse

     R 148-08 COAH Escrow Agreement  - pulled          

 

8. *MINUTES

        November 11, 2008 - Regular

        November 24, 2008 – Regular

        November 24, 2008 - Executive Session

 

9. *DEPARTMENT REPORTS

A.     Construction Official

B.     Public Health Nurse

C.    Health Officer

D.    Fire Department

E.     DPW

 

      

Council Member

By:

2nd:

Yes

No

Abstain

Absent

McWilliams

 

 

X

 

 

 

Emr

 

 

X

 

 

 

Shaw

 

X

X

 

 

 

Gormally

X

 

X

 

 

 

Happer

 

 

X

 

 

 

Wilson

 

 

X

 

 

 

Jackson

 

 

X

 

 

 

                   Consent Agenda Vote

                              

 

 

 

 

 

 

 

 

      

     

 

Mr. Oostdyk explained the purpose of the resolutions and what the Borough would be    

expected to do. The resolutions pulled effectively give the Borough a one-year extension on

filing a 3rd round COAH plan.

 

   R144, R145, R148

Council Member

By:

2nd:

Yes

No

Abstain

Absent

McWilliams

 

 

X

 

 

 

Emr

 

 

X

 

 

 

Shaw

X

 

 

X

 

 

Gormally

 

X

 

 

 

 

Happer

 

 

X

 

 

 

Wilson

 

 

X

 

 

 

Jackson

 

 

X

 

 

 

 

 

 

 

 

 

 

 

      

 

 

 

 

10.  ATTORNEY’S REPORT

The sign ordinance will be discussed in January.

 

11. MANAGER’S REPORT

Professional Appointments

Mr. Tempesta said he would discuss the Engineer’s proposed contract for 2009 with

Mr. Ryden.

 

Six auditors submitted proposals for 2009 auditing services. Mr. Tempesta will make a recommendation at the reorganization meeting.

 

Danielle Bailey asked the Council to consider a Girl Scout gold award project that would allow her to paint house numbers on properties that have none or where they are hard to see.

One suggestion was to paint the numbers on the curbs in front of the homes.

Councilman McWilliams and Shaw noted that there are few curbs in the town.

 

Ms. Bailey will review the Borough’s ordinance and draft a proposal as to how she would like to proceed. Mr. Tempesta will review it.

Mr. Tempesta told the Council that well # 3 was close to being finished.

 

12. COUNCIL REPORTS

2009 Goals for Boards/Commissions/Committees

2009 Committee Appointments List

2008 Personnel Evaluations

2009 Liaisons and Annual Subcommittees

 

     Mayor Jackson said that Richard Urankar had asked if his son Alex could take a Mountain Lakes

     flag with him when he leaves for Iraq.

 

     Motion by Deputy Mayor Gormally, second by Councilwoman Wilson, to give a Mountain 

     Lakes flag to Alex Urankar to take with him, with all members in favor signifying by “Aye”.

 

      Motion by Councilman McWilliams, second by Councilman Shaw to return to Executive Session to discuss shared services/court and the PBA contract negotiations at 11:03 p.m. with all members in favor signifying by “Aye.”

 

13. ADJOURNMENT

Motion by Councilman McWilliams, second by Deputy Mayor Gormally to adjourn the meeting at 11:22 p.m. with all members in favor signifying by “Aye.”

 

 

 Attest:

___________________________                            _____________________

Christina Whitaker, Borough Clerk                            George B. Jackson, Mayor