BOROUGH OF MOUNTAIN LAKES COUNCIL MEETING

MONDAY AUGUST 27, 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 Manager Gary Webb, Special Counsel Fred Knapp, Borough Attorney Marty Murphy and Borough Clerk Christina Whitaker.

 

3.  EXECUTIVE SESSION – (Pursuant to the Open Public Meetings Act, P.L. 1975, Chapter 231)

                        Resolution 95-07           

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,

 

·         Police Contract Negotiations (Fred Knapp)   

·         Personnel/Gary Webb (Mr. Webb will discuss the matter in open session during his                                                   Manager’s report.)      

          

 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 Gormally, second by Councilman Shaw, to enter into Executive Session with all members in favor signifying by “Aye”.

 

4. COMMUNITY ANNOUNCEMENTS

Mayor Jackson informed the Council and Public that the new rescue vehicle has arrived and is already being utilized by the Fire Department.

Councilman Shaw announced that Mountain Lakes hosted the Lakeland A’s meet this year and that Mountain Lakes Swim  team won both Hub’s Lakes and Lakeland A’s.

 

5 PRESENTATION OF NEW RESCUE TRUCK

The Fire Department had a fire call while waiting to present the new truck to the Council. It was presented later in the evening.

 

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.”

 

      Fred Kanter - Hanover Road

      Mr. Kanter referred to the discussion items on the agenda.

      In reference to discussion Item A, he said that the Council could not legally regulate what a person could put in the windows of vehicles.

 

      In reference to discussion Item B, Mr. Kanter said the Borough Manager has allowed realtors to place signs in town on weekends; however, signs were not permitted according to the Borough’s code.

   

      Mr. Kanter requested all forms of correspondence relating to street signs in the Borough. He also asked why Mr. Webb was allowed to make special arrangements for realtors signs.

 

7. 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.

Following introduction, the above ordinance will be published in accordance with the law and a public hearing will be held on September 10, 2007

 

Motion to amend as discussed, by Councilman Urankar, second by Councilman Gormally, with all members in favor signifying by “Aye” by Roll Call vote.

 

Introduced:        August 27, 2007                                                            Adopted:

Council Member

By:

2nd

Yes

No

Abstain

Absent

By

2nd

Yes

No

Abstain

Absent

Gormally

 

 

X

 

 

 

 

 

 

 

 

 

Emr

 

 

X

 

 

 

 

 

 

 

 

 

Shaw

 

 

X

 

 

 

 

 

 

 

 

 

Davis

 

X

X

 

 

 

 

 

 

 

 

 

Wilson

X

 

X

 

 

 

 

 

 

 

 

 

Urankar

 

 

X

 

 

 

 

 

 

 

 

 

Jackson

 

 

X

 

 

 

 

 

 

 

 

 

                                               

  8. DISCUSSION ITEMS

      A. Vehicles Parked on Borough Property/For Sale

Councilman Urankar said he would like Mr. Murphy to review the status of the law pertaining to signs on Borough property.

Councilman Shaw said he did not see vehicles parked in Borough lots with   signs in their windows as being a serious problem for the Borough.

      Mayor Jackson said he did not want the parking areas to become used car

      lots. Mr. Webb explained that the spaces are used also by individuals

      walking the Boulevard and for commuters using the buses. 

      Councilwoman Emr said her concern was not what was in the windows but

      the use of Borough property. She has heard complaints from some

      commuters. Councilman Urankar said the problem increases on weekends.

The Council deferred the matter at this time but asked that the situation be monitored.

 

      B. Curbs and Sidewalks

The Council discussed the areas around the schools and the type of curbing now in place.

Most areas in the Borough have mountable curbing (slope curbing) or square curbing. A few places have Belgium Block.

Mr. Webb explained that some areas do not have any curbing. If curbs were installed they would have

      to meet the Residential Site Improvement Standard.

      Councilman Shaw noted that curbing was not installed for aesthetic

      purposes but for proper drainage.

Councilwoman Emr and Councilman Urankar said they believed square curbing should be used near

       the schools.

The matter was referred to the Traffic and Safety Committee in order to identify which streets with sidewalks should have square curbing or another type.

 

      C. Signs in Borough Right-of-Way

Councilwoman Emr said she had received several complaints from residents about the increase of signs placed in the Borough’s right-of-way particularly on Morris Ave., Midvale Road, Boulevard, Glen Road and Lake Drive. Most of these signs are contractor or realtor signs.

      The Borough’s code states that the signs must be 10 feet from the property

line. However, this may be causing confusion for homeowners.

      Mr. Webb explained that the Construction Department will not issue a

      Certificate of Occupancy if contractor signs are still on the property.

      It was the consensus of the majority of the Council that the matter does not

      pose a real problem for the Borough with better communication and

      education. Councilwoman Emr and Councilman Urankar disagreed.
 

      D. Affirmative Marketing for COAH Units

      Mr. Webb explained that the Borough was responsible for the affirmative

      marketing of the COAH units at Park Place.  He has received a proposal

      from the Housing Partnership for Morris County which the

      developer finds acceptable.

The Council requested that Mr. Murphy draft an agreement between the Borough and Housing Partnership for Morris County

An administrative housing officer will need to be appointed. Mr. Webb is presently serving in that capacity.

     

      At 9:25 p.m. Mayor Jackson called for a 10-minute break for the Council to

      see the new fire truck. The Council returned to the meeting at 9:35 p.m.

 

9. *RESOLUTIONS

R96-07 -  2007 Click It or Ticket Grant

R97-07 -  Zeris Inn Expansion of Premise

R98-07 -  2007 Reduction of Speed Grant

R99-07 -  Sidewalk/Diamond Construction/pulled by Councilman Urankar

R100-07 - Membership in NJ Firemen’s Assoc./Michael Castellucci

R101-07 - Extension of Tax Bill

R102-07 - Union Center National Bank /removed from the agenda

R103-07 - Payment of Bills

R104-07 - Refund Happer

R105-07 - Refund Paret/pulled by Councilman Urankar

R106-07 - Refund Tarantola/pulled by Councilman Urankar

R107-07 - Refund Willke/pulled by Councilman Urankar

 

10. *MINUTES

            July 23, 2007

 

      11. *DEPARTMENT REPORTS

A.      Animal

B.      Health Officer

C.      Public Health Nurse

D.      Construction Official

E.      Police

 

Council Member

By:

 

2nd:

Yes

No

Abstain

Absent

Gormally

 

 

X

 

 

 

Emr

 

 

X

 

 

 

Shaw

X

 

X

 

 

 

Davis

 

 

X

 

 

 

Wilson

 

X

X

 

 

 

Urankar

 

 

X

 

 

 

Jackson

 

 

X

 

 

 

 

 

 

 

                     

 

         

         

 

 

 

                                  

 R 99-07

Councilman Urankar said he disagreed with the policy of using mountable (sloped)  curbing around school areas. He suggested the Manager reconsider using sloped curbing on the remaining school areas to be constructed this year.

 

Council Member

By:

 

2nd:

Yes

No

Abstain

Absent

Gormally

 

 

X

 

 

 

Emr

 

 

 

X

 

 

Shaw

X

 

X

 

 

 

Davis

 

X

X

 

 

 

Wilson

 

 

X

 

 

 

Urankar

 

 

 

X

 

 

Jackson

 

 

X

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

                                R 105-07      R106-07     R107-07

 

Council Member

By:

 

2nd:

Yes

No

Abstain

Absent

Gormally

 

X

X

 

 

 

Emr

 

 

X

 

 

 

Shaw

 

 

X

 

 

 

Davis

 

 

X

 

 

 

Wilson

 

X

X

 

 

 

Urankar

X

 

X

 

 

 

Jackson

 

 

X

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 12. ATTORNEY’S REPORT

 Unauthorized Newspaper Delivery – Model Ordinances

 The Council discussed the three options presented by Mr. Murphy.

 Councilman Gormally noted that enforcement could be a problem. He added that   from a legal standpoint,

 there was a problem controlling distribution of media relative to constitution rights on free speech versus

 personal rights.

 The Council authorized Mr. Murphy to draft an ordinance based on its discussion  

 and the model ordinances, using an opt-out provision.

 

 Resubmittal of Growth Share Ordinance

 The Council discussed resubmitting a growth share ordinance to COAH. Mayor  

 Jackson is in favor of adopting such an ordinance. However, Borough Planner  

 Susan Kimball does not recommend the Borough adopt the ordinance. She is of

 the opinion that it would make the Borough responsible for building affordable

 housing.

Mr. Webb recommended that the Borough wait until COAH’s 3rd round rules have  

 been settled.

 

 

13. MANAGER’S REPORT   

     The Manager reviewed some of his report with the Council.

     Mr. Webb informed the Council that he would be retiring at the end of December

     this year. Council members expressed their feelings on Mr. Webb’s retirement

     and thanked him for all he has done for the Borough in the last eight years.

     The Personnel Committee will meet to discuss how the Borough will proceed in

      hiring a new Manager.

 

14. COUNCIL REPORTS

 Planning Board Candidates

 The Council discussed four candidates for the vacant position on the Planning Board.  Motion by Councilman Shaw, second by Councilman Urankar, to appoint Ralph Loveys as full member to the Planning Board to replace Rob Pitcher, with all members in favor signifying by “Aye”, with Councilwoman Emr and Mayor Jackson opposed.

 

Councilwoman Emr said that Lakes Management has received numerous complaints regarding the condition of the lakes. Since receiving the complaints, Allied Biological has treated the lakes.

 

The Facility Committee has met to discuss improvements to Borough Hall. It plans to meet twice a month in order to move the matter along. Councilman Urankar said that the Committee hopes to inform the residents  

monthly in the Home and School on its progress. Public information forums will be

scheduled in the future.

 

    15. ADJOURNMENT

Motion by Councilman Shaw, second by Deputy Mayor Davis, to adjourn the meeting at 10:58 p.m. 

with all members in favor signifying by “Aye”.

 

Consent Agenda

           Attest:

___________________________                       _____________________

Christina Whitaker, Borough Clerk                                 George B. Jackson, Mayor

 

 

 

The Next meeting of the Borough Council will be held on September 10, 2007.