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