BOROUGH OF MOUNTAIN LAKES

COUNCIL MEETING

MONDAY, MAY 12, 2008

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, 2008 and posted in the municipal building.

 

       Mayor Jackson called the meeting to order at 7:32 p.m.

 

2.      ATTENDANCE AND FLAG SALUTE

All Council members were present except for Councilman Gormally.

Also in attendance were Borough Attorney Marty Murphy, 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,

 

·         Personnel Matters/Joe Tempesta

·         Contract Negotiations/Potential Interlocal Service Agreements

 

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 Shaw, second by Deputy Mayor Davis, to enter into Executive

Session at 7:34 p.m., with all members in favor signifying by  “Aye”.

 

Councilman Gormally arrived at 7:36 p.m.

 

Motion by Councilman Gormally, second by Councilman Shaw, to return to the public 

portion of the meeting at 8 p.m., with all members in favor signifying by “Aye”.

 

4. COMMUNITY ANNOUNCEMENTS

Mayor Jackson reminded the public of the upcoming Memorial Day Parade.

 

Councilman Shaw announced that the Mountain Lakes boys’ lacrosse team would be playing Delbarton on Tuesday in the Morris County Tournament.

 

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

 

Fred Kanter – Hanover Road

Mr. Kanter reiterated his claim that he won his lawsuit against the Borough in the decision rendered by the judge.  

He said that the bushes he asked to have cut were removed when the sidewalks were installed on Powerville. He maintained that the sidewalks would not have been needed if the bushes had been cut as he requested.

 

Joseph Hehir – Hanover Road

Mr. Hehir said he wanted to correct a statement he made at a prior meeting when he said moving a fire truck to the Midvale section of town would increase response time. He meant to say decrease response time. The minutes of April 14, 2008 will reflect the change.

 

Ferrante -  Esplanade

Mr. Ferrante asked the Council to agree to a Developer’s Agreement tonight so he could proceed with other aspects of developing the property.

 

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

 

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

 

Steve Castellucci – Laurelwood

Mr. Castellucci informed the Council that the Fire Department, Recreation Commission, and Police Department will be discussing the need for a rescue water craft appropriate for the community.

 

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

 

Mayor Jackson said that Mr. Kanter’s interpretation of the court ruling was distorted and suggested he reread the decision of the judge.

 

Mr. Murphy explained that the Developer’s Agreement for Mr. Ferrante was not ready for this meeting. Mr. Ferrante’s attorney had been advised of the Council’s policy and that the agreement would be presented at the next meeting for approval by Council.

 

        6.  ORDINANCES

        04-08

THE SALARY, WAGE AND COMPENSATION OF THE OFFICERS AND EMPLOYEES OF THE BOROUGH OF MOUNTAIN LAKES, IN THE COUNTY OF MORRIS, NEW JERSEY, RESPECTIVE SALARY, WAGE AND COMPENSATION RANGE.

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

       Law.  PUBLIC HEARING

 

       Mayor Jackson opened the Public Hearing.

 

       With no one wishing to be heard, Mayor Jackson closed the Public Hearing.               

Council Member

By:

2nd

Yes

No

Abstain

Absent

By

2nd

Yes

No

Abstain

Absent

Gormally

 

 

X

 

 

 

 

 

X

 

 

 

Emr

 

 

X

 

 

 

 

 

X

 

 

 

Shaw

X

 

X

 

Life guards

 

X

 

X

 

Life guard

 

Davis

 

 

X

 

 

 

 

 

X

 

 

 

Wilson

 

X

X

 

 

 

 

X

X

 

 

 

Urankar

 

 

X

 

 

 

 

 

X

 

 

 

Jackson

 

 

X

 

Planning  & Zoning Bd.

 

 

 

X

 

Planning & Zoning Bd.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

05-08

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 $786,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $746,700 BONDS OR NOTES OF THE BOROUGH TO FINANCE PART OF THE COST THEREOF.

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

 law.  PUBLIC HEARING

 

Mayor Jackson opened the Public Hearing.

 

 With no one wishing to be heard, Mayor Jackson closed the Public Hearing.    

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

X

 

 

 

Urankar

 

 

X

 

 

 

 

 

X

 

 

 

Jackson

 

 

X

 

 

 

 

 

X

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

06-08

     CAPITAL ORDINANCE APPROPRIATING $22,160 FOR VARIOUS IMPROVEMENTS

     FOR  PURPOSES AUTHORIZED TO BE UNDERTAKEN BY THE BOROUGH OF

     MOUNTAIN LAKES, IN THE COUNTY OF MORRIS, NEW JERSEY.

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

 law.  PUBLIC HEARING

 

 Mayor Jackson opened the Public Hearing.

 

 With no one wishing to be heard, Mayor Jackson closed the Public Hearing.    

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

 

 

 

Wilson

 

 

X

 

 

 

 

X

X

 

 

 

Urankar

X

 

X

 

 

 

 

 

X

 

 

 

Jackson

 

 

X

 

 

 

 

 

X

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

7. DISCUSSION

    A. Well # 3 Costs/Bill Ryden and Mark Prusina

Borough Engineer Bill Ryden explained that the new building would be 10’X18’. He   

discussed the JCP&L service to the building and the associated costs.

Councilman Urankar said that last year’s cost estimate was between $80,000 to

$90,000, considerably less than the new figures. He suggested that a better analysis

of plans was needed and that the bids needed to do a better job managing these capital

projects. He also suggested saving money by not burying the electrical lines to the new

building.

The Council discussed the existing DEP restrictions. The corrective action by the Council

would be to bring well #3 back on line. This would correct the Borough’s firm capacity

deficit.

 

Motion by Councilman Shaw, second by Councilwoman Emr, to authorize the Borough 

Engineer to prepare the specs for the reconstruction of well # 3, and advertise for bids,  

with all members in favor signifying by “Yes”, except for Councilman Urankar who voted,

“No.”

 

8.*RESOLUTIONS

R 70-08 Salaries – pulled by Mayor Jackson

R 71-08 Payment of Bills

R 72-08 Tax Appeal/ Fairfield Industrial Center  

R 73-08 Overpayment of Construction Fee

 

  9.*MINUTES

       April 28, 2008 – Regular

       April 28, 2008 – Executive- As Redacted

 

10.  *DEPARTMENT REPORTS

A.      Health Officer

B.     Public Health Nurse

C.     Construction Official

D.     Fire Department

Council Member

By:

2nd:

Yes

No

Abstain

Absent

Gormally

 

 

X

 

 

 

Emr

 

 

X

 

 

 

Shaw

X

 

X

 

 

 

Davis

 

X

X

 

 

 

Wilson

 

 

X

 

 

 

Urankar

 

 

X

 

 

 

Jackson

 

 

X

 

 

 

                    Consent Agenda        

 

 

 

 

 

 

    

 

 

     

                                               

R 70-08

                        Mayor Jackson questioned the need to give all employees a raise.

                        Councilman Urankar said he thought raises should be tied to job performance.

 

Council Member

By:

2nd:

Yes

No

Abstain

Absent

Gormally

 

 

X

 

 

 

Emr

 

 

X

 

 

 

Shaw

X

 

X

 

 

 

Davis

 

X

X

 

 

 

Wilson

 

 

X

 

 

 

Urankar

 

 

X

 

 

 

Jackson

 

 

X

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

11. ATTORNEY’S REPORT

 Mr. Murphy said he was still working on obtaining the JIF settlement amount regarding the

 Morris Avenue police incident.

 

The contract for the author to write the table top book proposed by the Historic Preservation Committee was revised and will be reviewed by Mr. Murphy. A resolution authorizing the contract will be ready for the next meeting.

 

12. MANAGER’S REPORT (Hereto attached)

Mr. Tempesta told the Council that he authorized emergency work be done on the sidewalk by the Train Station.

 

Councilwoman Wilson asked Mr. Tempesta to find out who would be responsible for the removal of graffiti inside the underpass on Midvale.

 

Councilwoman Emr said that a greater number of realtor signs were showing up in front of  homes in the Borough. She noted that many of them are in the Borough right-of-way.

 

Mr. Tempesta told the Council he was considering merging or eliminating some positions for financial reasons.

 

He told the Council that Denise Brennan had resigned as Recreation Director and will be leaving at the end of May.

 

He has hired Michelle Reilly as his assistant. She will be working 5 days a week from 8:30 a.m. to 2:30 p.m.

 

Deputy Mayor Davis told the Manager that she appreciated his recommendations because the Council was interested in seeing some changes made.

 

13. COUNCIL REPORTS

Fire department- Councilwoman Emr said that Fire Department Officers discussed the lake incident and the lack of a rescue boat and life preservers around the lake.

 

Mayor Jackson suggested the Manager review the situation along with the Fire and Police

Department.

 

Councilwoman Wilson noted that the Lake Management Committee was made aware of the

concern’s of Wildwood Lake residents regarding algae growth in the lake. A treatment program has been developed

 

The Health Commission will hold its SMAC testing on May 17th. The cost for the test is $21.00.

 

Councilman Urankar said Brian Marshall, Councilwoman Emr, and he met with Environmental Commissioner Keith Edwards to discuss the preparation of a riparian ordinance.

 

Resignation of Michael Lightner

Councilman Shaw said there was someone willing to temporarily serve as the Planning Board

Chair until new members could be appointed. He asked Council members to provide him with the names of any interested persons.

 

The HPC will hold a special meeting to discuss the historic district designation portion of the

Master Plan.

 

Councilman Shaw said he will be soliciting firework donations after Memorial Day.

 

The Mountain Lakes Day Committee is in need of sponsors for the event.

 

Motion by Councilman Gormally, second by Councilman Shaw, to modify Joe Tempesta’s letter of employment with Council members Gormally, Shaw, Wilson, Deputy Mayor Davis and Mayor Jackson voting “Yes” with Council members Emr and Urankar voting “No”.

 

14. ADJOURNMENT

   On motion by Councilman Gormally, second by Councilwoman Emr, to adjourn the

   meeting at 10:02 p.m. with all members in favor signifying by “Aye”.

 

*Consent Agenda

           Attest:

___________________________                            _____________________

Christina Whitaker, Borough Clerk                           George B. Jackson, Mayor