BOROUGH OF MOUNTAIN LAKES COUNCIL MEETING

MONDAY JUNE 11, 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 George Jackson called the meeting to order at 8:00 p.m.

 

2.       ATTENDANCE AND FLAG SALUTE

All Council members were present except for Councilman Gormally.

Also in attendance were Borough Manager Gary Webb, Borough Attorney Marty Murphy and Borough Clerk Christina Whitaker.

 

3. COMMUNITY ANNOUNCEMENTS

Mayor Jackson announced that the boys’ lacrosse team won the State Championship and congratulated the girls’ team for its success this year.

 

3.       PROMOTIONS/DPW

·         Earl Mabey

·         Michael Petito

 

Department of Public Works Director Mark Prusina introduced Earl Mabey and Michael Petito to the Council.

       Mr. Mabey was hired in June 2000 and has been promoted to DPW Forman.

       Mr. Petito has worked for the Borough since August 2001 and has been promoted to

       Assistant Forman Crew Chief.

Mr. Pursina said both men have done outstanding jobs and are deserving of the

promotions.                    

 

4.       PRESENTATION

Push E-mail System/Web Site Committee

Chairman Andy Bulfer and Web Site Committee member Nilesh Shringarpure explained a communication e-mail service that could be used for Borough announcements.

Mr. Shringarpure explained the mailing list service provided by ListPlex, which can automatically broadcast a message via electronic mail to everyone on a list, including cell phones. Subscriptions would be optional allowing the ability to op-out at any time. The list of subscribers would be owned by the Borough and would not be shared.

The cost to the Borough would include a $500 one-time setup fee for all the lists and a $300 annual charge for administration and support. The cost is $2.50 per 1,000 recipients.

 

 

 

Mr. Bulfer said the communication system could send a monthly on-line newsletter to residents as well as tax reminders, notification of major DPW projects and special events taking place in the Borough. The system has the potential to provide emergency notifications as well.

 

The Web Site Committee has been working on the project since last fall at the request of Mayor Jackson. The objective was to find a cost effective way to communicate to Borough residents.

The Committee’s research determined that ListPlex was best suited to the Borough’s needs.   

The Council expressed interest in proceeding with the service. However, it was noted that not all residents use e-mail and would still need to be served in another manner.

Mr. Webb will work on policy and procedures should the Council decide to move forward.

 

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.”

 

 Mayor Jackson opened the public comment portion of the meeting with consent of Council.

 

Fred Kanter - Hanover Road

Mr. Kanter complained that the minutes of May 29th were not yet available for public review.

 

      Denise Brennan - Morris Ave.

Mrs. Brennan congratulated Mr. Mabey and Mr. Petito on their promotions.

Based on the presentation by the Web Site Committee, she told the Council that the Board

of Education had done a community relations survey and it might be helpful to the Borough

to review the analysis. 

 

      Dede Conlan – Morris Ave.

      Beach Director Dede Conlan expressed her concern with the proposed ordinance prohibiting non-residents from using beach facilities.  She said the purchase of beach tags by non-residents is minimal and has never created a problem. She said problems on the beaches have always occurred after 6 p.m. and it was an issue of enforcement. She noted that Ordinance 12-07 would deprive residents, who do not purchase beach tags, use of the facilities after 6 p.m.

 

6. ORDINANCES

 11-07

ORDINANCE AUTHORIZING THE EXECUTION OF AN AMENDMENT TO AN  

       AGREEMENT WITH RENSSELAER GRADS, LLC CONCERNING THE RELEASE

       OF A RESTRICTION ON PROPERTY

 Public Hearing

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

law.

 

Mayor Jackson opened the Public Hearing.

 

Fred Kanter - Hanover Road

Mr. Kanter told the Council that it should not vote on the ordinance because the

minutes of the last meeting, when the ordinance was introduced, were not yet

available to the public.

 

Mayor Jackson asked for Mr. Murphy to respond to Mr. Kanter’s comments

regarding introduction of the ordinance in the absence of the last meeting’s minutes.

Mr. Murphy said the ordinance had been properly introduced and legal notice

had been published in the newspaper. Not having the minutes from the last

meeting would not prevent the Council from voting at this meeting.

 

Introduced:      May 29, 2007                                                   Adopted: June 11, 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

 

 

 

Wilson

 

 

x

 

 

 

X

 

X

 

 

 

Urankar

 

X

X

 

 

 

 

 

X

 

 

 

Jackson

 

 

X

 

 

 

 

 

X

 

 

 

 

 

 

In addition to Rensselaer Grads Contract, the Developer’s Agreement may be

discussed.

 

Mr. Murphy explained that some minor changes had been made and the

agreement was now ready for Council’s  vote.

 

  RESOLUTION 78-07

            RESOLUTION AUTHORIZING THE EXECUTION OF A DEVELOPER’S AGREEMENT BETWEEN THE BOROUGH OF MOUNTAIN LAKES AND WEBER HOMES AT MOUNTAIN LAKES, LLC

 

Council Member

By:

 

2nd:

Yes

No

Abstain

Absent

Gormally

 

 

 

 

 

X

Emr

 

 

X

 

 

 

Davis

 

 

X

 

 

 

Jackson

 

 

X

 

 

 

Wilson

 

X

X

 

 

 

Urankar

 

 

X

 

 

 

Shaw

X

 

X

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

12-07

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 June 25, 2007.

 

Council members discussed specifics of the ordinance.

Councilwoman Emr said she was concerned that use of picnic tables would be tied to beach tags. However, she supported the use of beach facilities after 6 p.m. by residents only because the problems occur after that time.

 

Councilman Urankar said he could not support the ordinance as written. He said the beach has always been open to residents without tags after 6 p.m. Under this ordinance, any resident using the beach facilities would require a beach tag even after 6 p.m. He said that he did not feel the ordinance met court criteria prohibiting use of the beach by non-residents.

 

Mayor Jackson said the Council was asking the police to increase enforcement on the beaches, but without this ordinance in place it would be more difficult.

 

Councilman Shaw said he fully supported the ordinance as written.

 

Councilwoman Wilson said that the Council was not listening to the recommendations of the Recreation Commission and would not support the ordinance as written.

 

Introduced:      Defeated June 11, 2007                Adopted:

Council Member

By:

2nd

Yes

No

Abstain

Absent

By

2nd

Yes

No

Abstain

Absent

Gormally

 

 

 

 

 

 

 

 

 

 

 

 

Emr

 

X

X

 

 

 

 

 

 

 

 

 

Shaw

X

 

X

 

 

 

 

 

 

 

 

 

Davis

 

 

 

X

 

 

 

 

 

 

 

 

Wilson

 

 

 

X

 

 

 

 

 

 

 

 

Urankar

 

 

 

X

 

 

 

 

 

 

 

 

Jackson

 

 

X

 

 

 

 

 

 

 

 

 

 

7.  DISUSSION ITEMS

A. Recycling at DPW Yard

Mark Prusina told the Council that there is a growing problem with contamination of

containers at the recycling center on Pocono Road.

Unauthorized material is being deposited in the containers making it necessary for the DPW workers to hand sort the trash. This year four containers have been returned to the yard after the Borough’s contractor was rejected at the Recycling Center in Mine Hill.

Besides the contaminated containers there has been an increase in bulk materials being dumped in the DPW yard after hours.

 

Councilman Urankar and Deputy Mayor Davis questioned the need to keep the Borough’s Recycling Center opened when residents have backyard pickup once a week.

Mr. Prusina said that at least 60 people a day use the facility weekdays, even more on the weekends.

 

Councilman Shaw said signage threatening prosecution for unlawful dumping should be posted. Councilwoman Wilson said she had concerns with the ramification of closing the center.

 

Mayor Jackson asked Mr. Prusina what was being stored on the Pocono park property.

Mr. Prusina explained that bulk materials, including wood chips and stones were stored in

five areas. Mayor Jackson said he thought it had gotten out of control and that

parameters needed to be placed on how much of the park can be used by the DPW.

 

B. Credit Card Payments for Property Taxes and Other Municipal Services

In a memo to the Council, (hereto attached) Chief Finance Officer Dana Mooney provided

information on the optional use of personal credit cards to pay property taxes.

There would be no cost to the municipality. The cardholder would incur all fees

associated with the use of the credit card.

Mr. Webb said the Finance Committee had reviewed the idea and the CFO had found a

company that would pass the cost onto the cardholder rather than the Borough.

The Council had no objections, as long as no costs are incurred by the Borough.

The Finance Committee will review the contract with PFOIL

 

8        *RESOLUTIONS

R73-07 – Grant Receivables and Appropriations Reserve Balance Cancelled

R74-07 – Close Public Assistance Account

R75-07 – Liquor License Renewals

R76-07 – Agreement with PFOIL voted on separately

R77-07 – Bill List 

 

      9.  *DEPARTMENT REPORTS

A.      Health Officer

B.     Public Health Nurse

C.     Construction/Building

D.     Police

 

 

Council Member

By:

 

2nd:

Yes

No

Abstain

Absent

Gormally

 

 

 

 

 

X

Emr

 

 

X

 

 

 

Shaw

 

X

X

 

 

 

Davis

 

 

X

 

 

 

Wilson

 

 

X

 

 

 

Urankar

X

 

X

 

 

 

Jackson

 

 

X

 

 

 

 

 

 

 

                     

 

         

         

 

 

 

 

SR-03 -St Catherine's Parish - Pulled from Consent Agenda

Deputy Mayor Davis and Councilwoman Emr were concerned with the doctrine of

separation of Church and State.

 

The Council discussed the criteria for presenting a special resolution. 

 

Council Member

By:

 

2nd:

Yes

No

Abstain

Absent

Gormally

 

 

 

 

 

X

Emr

 

 

 

X

 

 

Shaw

 

X

X

 

 

 

Davis

 

 

 

X

 

 

Wilson

 

 

X

 

 

 

Urankar

X

 

X

 

 

 

Jackson

 

 

X

 

 

 

 

 

 

 

 

   

 

 

   

 

 

 

10. ATTORNEY’S REPORT

Mr. Murphy informed the Council that he had received the signed stipulation tax appeal from Rensselear Grads.

   

     11. MANAGER’S REPORT   

     Borough Planner Susan Kimball has recommended the Council hold off the final submission

     of amendments to the third-round plan and spending plan until the new regulations for COAH

     have been determined.

 

    The Bids for Sanitation Contractor are due on June 28th.  A resolution awarding the contract

    will be presented at the July meeting. 

 

    12. COUNCIL REPORTS

Councilwoman Wilson said that the Municipal Alliance Committee has five terms expiring

the end of June. One member is needed immediately since co-chair LuAnn Pollock is

moving.

 

 

 

 

 

Deputy Mayor Davis has been appointed to the Mayors’ Committee for a Green Community.

 

Mayor Jackson said the Planning Board and Zoning Board of Adjustment each need a member.

Mayor Jackson said the State has been discussing health benefit changes and will be going

out for quotes soon.

 

Council members will be attending a special program at the Briarcliff School on June 18th

about the local government process.

 

Some residents have expressed concern over the fish population in the lakes.

Mr. Webb said he knows of no problem.

 

Councilwoman Emr said that concern has also been expressed about floating trampolines on

Mountain Lake.

 

    14. ADJOURNMENT

Motion by Councilman Urankar, second by Councilman Shaw, to adjourn the meeting

at 10:57 p.m. with all members in favor signifying by “Aye”.

 

*Consent Agenda

           Attest:

___________________________                            _____________________

Christina Whitaker, Borough Clerk                           George B. Jackson, Mayor