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 |
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X |
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Emr |
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X |
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Shaw |
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X |
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Davis |
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X |
X |
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Wilson |
X |
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X |
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Urankar |
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X |
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Jackson |
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X |
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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:
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2nd: |
Yes |
No |
Abstain |
Absent |
Gormally |
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X |
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Emr |
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X |
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Shaw |
X |
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X |
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Davis |
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X |
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Wilson |
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X |
X |
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Urankar |
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X |
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Jackson |
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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:
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2nd: |
Yes |
No |
Abstain |
Absent |
Gormally |
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X |
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Emr |
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X |
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Shaw |
X |
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X |
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Davis |
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X |
X |
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Wilson |
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X |
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Urankar |
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X |
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Jackson |
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X |
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R 105-07 R106-07 R107-07
Council Member |
By:
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2nd: |
Yes |
No |
Abstain |
Absent |
Gormally |
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X |
X |
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Emr |
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X |
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Shaw |
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X |
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Davis |
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X |
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Wilson |
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X |
X |
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Urankar |
X |
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X |
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Jackson |
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X |
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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.