BOROUGH OF MOUNTAIN LAKES COUNCIL MEETING

TUESDAY, MAY 29, 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.

 

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 Manager Gary Webb, Borough Attorney Marty Murphy and Borough Clerk Christina Whitaker.

 

3.  EXECUTIVE SESSION     

         Resolution 71-07

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,

 

·         Special Labor Counsel Agreement/PBA Arbitration

·         Rensselaer Grads Contract Negotiations

·         Litigation/Fred Kanter

 

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.

 

Dated:  May 29, 2007

 

_____________________                                          _____________________

Christina Whitaker, R.M.C.                                         George B. Jackson, Mayor

 

Motion by Councilman Shaw, second by Councilman Gormally, to enter into Executive

Session with all members in favor signifying by “Aye.”

 

Motion by Councilman Urankar, second by Councilwoman Wilson, to close the Executive

Session and return to the public portion of the meeting.

 

4. COMMUNITY ANNOUNCEMENTS

Mayor Jackson thanked all those who worked on the Memorial Day Parade Committee and the DPW and Police for their assistance.

 

 

       He congratulated the boys’ and girls’ lacrosse teams for their victories in the State playoffs.

 

5. PRESENTATIONS

·         Wildwood Giraffes/Sidewalks

About 15 students and their leaders attended the meeting to ask the Council to authorize repairs to sidewalks around the schools including Lake Drive, Glen Road and Briarcliff Road. Student Katie Shaw told the Council that improvements to the sidewalks would increase bike use and prevent accidents. 

 

Student Avery Kaplan presented the Council with a petition of 226 signatures requesting the improvements.

 

The students suggested that Council consider supporting an “Adopt a Sidewalk Program” if funds were not readily available for the improvements.

 

Councilwoman Emr told the group that bonding for improvements to the Borough were already in the process for this year.

Mayor Jackson explained the budget process and when capital projects were discussed by the Council. Capital projects approved earlier in the year are usually started in the summer or fall.

 

Recreation Director and former MAC co-chair Denise Brennan thanked the leaders for their dedication working with the children and MAC program.

 

Councilman Urankar said the level of enthusiasm has been great this year.

 

·         Troy Brook Regional Stormwater Management Plan & Resolution 71-07

             Brian Marshall    (hereto attached)

 

Mr. Marshall said he had met with the Borough Environmental Commission on two occasions to   discuss the Plan, and that the Commission unanimously supported endorsing the Plan.

He provided the Council with an update on the documents to be reviewed and explained the next procedure by the Management Plan Committee.

If the Council supported the plan, the Committee asked for a resolution endorsing the Plan.

By endorsing the Plan, the Council supported implementing the recommendations of the Committee and incorporating them into the Borough’s Land Use ordinances. Mr. Marshall said the biggest contention at this point was the definition of a “major development.”

 

Mr. Webb noted that most of the recommendations have already been adopted by the

Borough’s Governing Body.

 

Councilman Urankar questioned the need to pass a resolution if the State had already decided that municipalities will be required to comply. He expressed concern with not having an estimate on what endorsing the Plan could cost the Borough.

 

Motion by Councilwoman Wilson, second by Deputy Mayor Davis, to endorse the Plan, with all

members in favor signifying by “Yes” with Councilman Urankar voting “No” by Roll Call Vote.

 

6. 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.

   

Recreation Director Denise Brennan and Recreation Commissioner Mike Prevoznik said they

were disappointed that the Commission had not had a chance to review the ordinance before

it came up for introduction.

Mrs. Brennan questioned why there was no provision in the ordinance allowing guests of residents.  She also was concerned that there was nothing that referred to the recreational program’s use of the facilities. Mrs. Brennan noted Boonton and Mountain Lakes share facilities during the summer program.

Mr. Prevoznik said it was the Commission’s opinion that this ordinance was a move in the

wrong direction.

Problems that have occurred in the past happened after the lifeguards were off duty. During

the course of regular hours or after the season opening there were no problems.

 

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

 

Ordinance 12-07 was moved up on the Agenda for discussion.

Mayor Jackson said the ordinance was never intended to exclude joint recreation programs.

 

Councilman Gormally said the problem came down to police enforcement, not the use of the facilities during regular summer hours by non-residents.

 

Councilman Shaw supported closing the special facilities to non-residents. It was his recollection that the beaches were always closed to non-residents. He said that since opening the beaches to non-residents, the problems have increased yearly. Councilman Shaw said that once non-residents know the beaches are no longer open to the general public, they will stop coming.

 

Mayor Jackson said that the proposed ordinance would help police in enforcing the law.

 

Councilman Urankar said he agreed with Councilman Gormally and that non-residents

should still be permitted to purchase day passes.

 

The ordinance will be introduced at the next meeting after Mr. Murphy has the opportunity to clarify parts of the amendment to the ordinance.

 

7. ORDINANCES

 07-07

 ORDINANCE AMENDING CHAPTERS 111 AND 237 OF THE REVISED GENERAL  

 ORDINANCES OF THE BOROUGH OF MOUNTAIN LAKES ON WATER PRICING

 AND CONSERVATION.

 PUBLIC HEARING                                                                                                                          

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

 law.

 

 

Mayor Jackson opened the Public Hearing on ordinance 07-07. With no one wishing to be    

 heard, Mayor Jackson closed the Public Hearing.

 

Introduced: May 14, 2007                                                       Adopted: May 29, 2007

Council Member

By:

2nd

Yes

No

Abstain

Absent

By

2nd

Yes

No

Abstain

Absent

Gormally

 

X

X

 

 

 

 

 

X

 

 

 

Emr

 

 

X

 

 

 

 

 

X

 

 

 

Shaw

 

 

X

 

 

 

X

 

X

 

 

 

Davis

 

 

X

 

 

 

 

X

X

 

 

 

Wilson

X

 

X

 

 

 

 

 

X

 

 

 

Urankar

 

 

X

 

 

 

 

 

X

 

 

 

Jackson

 

 

X

 

 

 

 

 

X

 

 

 

 

    

 

 

 

 

 

 

 

 

 

 

 

08-07

CAPITAL ORDINANCE APPROPRIATING $65,680.00 FOR VARIOUS 

IMPROVEMENTS OR PURPOSES AUTHORIZED TO BE UNDERTAKEN BY

THE BOROUGH OF MOUNTAIN LAKES, IN THE COUNTY OF MORRIS, NEW

JERSEY

PUBLIC HEARING

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

law.

 

Mayor Jackson opened the Public Hearing on ordinance 08-07. With no one wishing to be

heard, Mayor Jackson closed the Public Hearing.

 

Introduced:      May 14, 2007                                             Adopted: May 29, 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

 

X

 

 

 

Davis

 

X

X

 

 

 

 

X

X

 

 

 

Wilson

 

 

X

 

 

 

 

 

X

 

 

 

Urankar

 

 

 

X

 

 

 

 

 

X

 

 

Jackson

 

 

X

 

 

 

 

 

X

 

 

 

 

  

 

 

 

 

 

 

 

 

 

 

09-07

     ORDINANCE AMENDING CHAPTERS 40 AND 102 OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF MOUNTAIN LAKES ON REGULATION OF SOIL EROSION AND SEDIMENTATION CONTROL.

PUBLIC HEARING

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

 

Mayor Jackson opened the Public Hearing on ordinance 09-07. With no one wishing to be

heard, Mayor Jackson closed the Public Hearing     

 

 

Introduced:      May 14, 2007                                       Adopted: May 29, 2007

Council Member

By:

2nd

Yes

No

Abstain

Absent

By

2nd

Yes

No

Abstain

Absent

Gormally

 

 

X

 

 

 

 

 

X

 

 

 

Emr

 

 

X

 

 

 

 

 

X

 

 

 

Shaw

 

 

X

 

 

 

 

 

X

 

 

 

Davis

X

 

X

 

 

 

X

 

X

 

 

 

Wilson

 

X

X

 

 

 

 

X

X

 

 

 

Urankar

 

 

X

 

 

 

 

 

X

 

 

 

Jackson

 

 

X

 

 

 

 

 

X

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

10-07

     BOND ORDINANCE PROVIDING FOR VARIOUS CAPITAL IMPROVEMENTS OF THE BOROUGH OF MOUNTAIN LAKES, IN THE COUNTY OF MORRIS, NEW JERSEY, APPROPRIATING THE AGGREGATE AMOUNT OF $699,450 THEREFOR AND AUTHORIZING THE ISSUANCE OF $664,478 BONDS OR NOTES OF THE BOROUGH TO FINANCE PART OF THE COST THEREOF.

PUBLIC HEARING

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

           

Mayor Jackson opened the Public Hearing on Ordinance 10-07. With no one wishing to be

heard, Mayor Jackson closed the Public Hearing

 

Introduced:      May 14, 2007                                            Adopted: May 29, 2007

Council Member

By:

2nd

Yes

No

Abstain

Absent

By

2nd

Yes

No

Abstain

Absent

Gormally

 

 

X

 

 

 

 

 

X

 

 

 

Emr

 

 

X

 

 

 

 

 

X

 

 

 

Shaw

 

 

X

 

 

 

 

 

X

 

 

 

Davis

X

 

X

 

 

 

 

X

X

 

 

 

Wilson

 

X

X

 

 

 

X

 

X

 

 

 

Urankar

 

 

 

X

 

 

 

 

 

X

 

 

Jackson

 

 

X

 

 

 

 

 

X

 

 

 

 

 

   

 

 

 

 

 

 

 

 

 

11-07

ORDINANCE AUTHORIZING THE EXECUTION OF AN AMENDMENT TO AN  

AGREEMENT WITH RENSSELAER GRADS, LLC CONCERNING THE RELEASE

OF A RESTRICTION ON PROPERTY

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

public hearing will be held on June 11, 2007

 

Introduced: May 29, 2007                                                        Adopted:

Council Member

By:

2nd

Yes

No

Abstain

Absent

By

2nd

Yes

No

Abstain

Absent

Gormally

 

 

X

 

 

 

 

 

 

 

 

 

Emr

 

 

X

 

 

 

 

 

 

 

 

 

Shaw

X

 

X

 

 

 

 

 

 

 

 

 

Davis

 

 

X

 

 

 

 

 

 

 

 

 

Wilson

 

 

X

 

 

 

 

 

 

 

 

 

Urankar

 

X

X

 

 

 

 

 

 

 

 

 

Jackson

 

 

X

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

12-07

ORDINANCE AMENDING CHAPTER 173 OF THE REVISED GENERAL 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 June 11, 2007

 

Pulled from the Next Agenda

 

Introduced:                                                                              Adopted:

Council Member

By:

2nd

Yes

No

Abstain

Absent

By

2nd

Yes

No

Abstain

Absent

Gormally

 

 

 

 

 

 

 

 

 

 

 

 

Emr

 

 

 

 

 

 

 

 

 

 

 

 

Shaw

 

 

 

 

 

 

 

 

 

 

 

 

Davis

 

 

 

 

 

 

 

 

 

 

 

 

Wilson

 

 

 

 

 

 

 

 

 

 

 

 

Urankar

 

 

 

 

 

 

 

 

 

 

 

 

Jackson

 

 

 

 

 

 

 

 

 

 

 

 

      

 

 

 

 

 

 

 

 

 

 

 

 

8. *RESOLUTIONS

       R66-07 - Tax Refund - Lakhiani pulled

       R67-07 - Tax Refund - Cubero

       R68-07 - Audit Reviewed by Council

       R69-07 - Tax Refund - Adams

       R70-07 - Bill List

 

9. *MINUTES

       April 23, 2007 (Regular)

       April 23, 2007 (Executive)

       May 14, 2007 (Regular)

                                    

Council Member

By:

 

2nd:

Yes

No

Abstain

Absent

Gormally

 

X

X

 

 

 

Emr

 

 

X

 

 

 

Shaw

 

 

X

 

 

 

Davis

 

 

X

 

 

 

Wilson

 

 

X

 

 

 

Urankar

X

 

X

 

 

 

Jackson

 

 

X

 

 

 

 

                     

 

         

         

 

 

 

 

 

 

   

10.  ATTORNEY’S REPORT

Mr. Murphy updated the Council on the COAH amendment approval.

 

11. MANAGER’S REPORT   

Mr. Webb informed the Council that Susan Kimball was working on COAH’s

Spending Plan.

 

The Borough’s capital projects are proceeding.

 

Mary Ann Collins’s last day of work will be tomorrow. Diane Hertzig will be replacing her.

Interviews for an assistant to the Clerk and receptionist will be held in the near future.

Mr. Webb informed the Council that Emily Nix will be working for the Borough for one month 

while interviews are conducted. She will be leaving June 30th.

 

12. COUNCIL REPORTS

A shared service meeting with the Board of Education will be held sometime this coming fall.

 

The Building Committee met and wants to be placed on the next Agenda.

 

Motion by Councilwoman Wilson, second by Deputy Mayor Davis, with all members in favor signifying by “Aye” to appoint Peter Sentowski and Rich Mancuso to the Recreation Commission

 

The Municipal Alliance Committee will have three openings

 

Motion by Councilman Gormally, second by Deputy Mayor Davis, to return to Executive Session to discuss unfinished business, with all members in favor signifying by “Aye.” 

 

Motion by Councilman Gormally, second by Councilman Shaw, to close the Executive Session and return to the open public portion of the meeting, with all members in favor signifying by “Aye.”

 

13. ADJOURNMENT

 Motion by Councilman Gormally, second by Councilman Shaw to adjourn at 10:57 p.m. with all members in favor signifying by “Aye.”

 

*Consent Agenda

          

Attest:

___________________________                            _____________________

Christina Whitaker, Borough Clerk                           George B. Jackson, Mayor