DRAFT

BOROUGH OF MOUNTAIN LAKES

COUNCIL MEETING

MONDAY, JULY 28, 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 George Jackson called the meeting to order at 7:32 p.m.

 

2.   ATTENDANCE AND FLAG SALUTE

All Council members were in attendance.

Also in attendance was Borough Attorney Robert Oostdyk, Borough Manager Joe Tempesta, Police Chief Robert Tovo and Borough Clerk Christina Whitaker.

 

3.  EXECUTIVE SESSION

         Resolution 105-08

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 Department/Liability Issues

·       Personnel/Proposal for Police Chief Tovo

 

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 Councilwoman Wilson, to enter into

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

 

     Motion by Councilman Gormally, second by Councilwoman Wilson, to close the  

     Executive Session and return to the public portion of the meeting, with all

     members in favor signifying by “Aye”.

 

4. COMMUNITY ANNOUNCEMENTS

           Councilman Shaw said that $10,018 had been raised for the July 4th fireworks.

           The community effort by residents and businesses in the town made the event a

           success regardless of the unpredictable weather.

 

 

 

 

5. SPECIAL PRESENTATION/BOWL Louise Davis

     Mayor Jackson presented a pewter bowl to former Councilwoman Louise Davis.

 

     Councilwoman Davis resigned on July 17.  She and her husband moved to Boonton

     Township after residing in Mountain Lakes for the past 25 years. Over the years, she

     was involved in almost every Borough Committee. She was a key member of the

     Planning Board and a main contributor to the Master Plan, was a founder of the 

     Mountain Lakes Conservancy, was a long time member of the Garden

     Club and was elected to the Borough Council in 1999, serving twice as Deputy Mayor.

       

     Members of Council thanked Councilwoman Davis for her years of service to the

     Borough  and each expressed how much she would be missed.

 

6. NOMINATION FOR COUNCIL SEAT/Replacing Councilwoman Louise Davis

    Mayor Jackson announced nominations for the vacant Council seat. Three names were

    submitted by the County Republican Committee. (Letter hereto attached)

  

    Motion by Councilman Gormally, second by Councilman Urankar, to nominate Doug

    McWilliams to replace Councilwoman Davis.

 

    Motion by Councilman Shaw, second by Councilman Urankar to close the nominations.

 

    Doug McWilliams was elected to a Council seat by a 6-0 Roll Call Vote.

   The Oath of Office was administered by Mayor Jackson.

 

7. NOMINATION FOR DEPUTY MAYOR

    Mayor Jackson announced nominations for the position of Deputy Mayor.

 

    Motion by Councilman Shaw, second by Councilman McWilliams, to elect Councilman

    Gormally as Deputy Mayor.

 

    Motion by Councilman Urankar, second by Councilman Shaw to close the nominations

    for Deputy Mayor.

  

   Councilman Gormally was elected Deputy Mayor by a 7-0 Roll Call Vote.

   Mayor Jackson administered the Oath of Office.

 

8. PRESENTATION/MASTER PLAN REVISION/Sandy Batty

    Ms. Batty explained the process of a Master Plan reexamination, which is done every six

    years. The last Master Plan revision was done in October 2002.

 

    The Master Plan Committee prepared a draft report of the reexamination. (Hereto

    attached)  It is the role of the Planning Board to adopt the Master Plan.  It is the

    responsibility of the Borough Council to adopt and implement ordinances focusing on the

    specific recommendations of the Planning Board.

 

    Each Council member will further review the report. Comments should be sent

    electronically to Joan Nix. 

 

9. 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.

 

   Dr. Peter Bolo - Glen Road

   Dr. Bolo said Wildwood Lake residents were pleased with the results of the latest lake

   treatment.

 

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

   of the meeting.

 

   10. ORDINANCES

    07-08

ORDINANCE AMENDING CHAPTER 237 OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF MOUNTAIN LAKES AND AMENDING THE WATER CONSERVATION RESTRICTIONS.

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

 

 

 

 

X

X

 

 

 

Shaw

 

 

X

 

 

 

X

 

X

 

 

 

Davis/Mc Williams

 

 

X

 

 

 

 

 

X

 

 

 

Wilson

X

 

X

 

 

 

 

 

X

 

 

 

Urankar

 

 

 

 

 

X

 

 

X

 

 

 

Jackson

 

 

X

 

 

 

 

 

X

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 Mr. Tempesta told the Council that water conservation efforts appeared to be working

 based on water usage figures for June and July.

 

08-08

AMENDMENT TO THE SALARY, WAGE AND COMPENSATION OF THE OFFICERS AND EMPLOYEES OF 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

Deputy Mayor Gormally

 

 

 

 

 

X

 

 

X

 

 

 

Emr

 

 

 

X

 

 

 

 

 

X

 

 

Shaw

 

X

X

 

 

 

X

 

X

 

 

 

Davis/McWilliams

 

 

X

 

 

 

 

 

 

 

X

 

Wilson

X

 

X

 

 

 

 

X

X

 

 

 

Urankar

 

 

 

 

 

X

 

 

X

 

 

 

Jackson

 

 

X

 

 

 

 

 

X

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The COAH discussion was moved up on the Agenda to accommodate Borough Planner Susan Kimball.

 

Third Round COAH Requirements (Hereto attached)

 

Mrs. Kimball informed the Council that based on the revised COAH rules the proposed new projections of growth in the Borough, from 2004-2018, would result in a growth share obligation of 89 affordable units. If the Borough wanted adjustments made to that number, a new fair share plan would need to be submitted by December 31, 2008.

The new amendments would also include a compliance bonus for third round projects approved between 12/20/04 and 6/2/08. Based on this information Mrs. Kimball told the Council it was in the best interest of the Borough that the Fusee property be redeveloped as planned. 

Mrs. Kimball also provided a vacant land inventory. (Hereto attached)

The Council discussed the pros and cons of continuing under COAH’s requirements. Included in the discussion was the possibility of opting-out of COAH and the Borough creating its own Affordable Housing Plan. It was the consensus of the Council that pursuing its own plan was desirable. The Council will review the vacant land inventory and develop its own plan. The Council authorized Mr. Oostdyk to sent a letter to COAH commenting on the amendments to the new proposed 3rd Round regulations.

 

09-08

ORDINANCE DETERMINING POSITIONS ELIGIBLE FOR THE DEFINED CONTRIBUTION RETIREMENT PROGRAM.

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

and a public hearing will be held on  August 25, 2008.

Council Member

By:

2nd

Yes

No

Abstain

Absent

By

2nd

Yes

No

Abstain

Absent

Deputy Mayor Gormally

 

X

X

 

 

 

 

 

 

 

 

 

Emr

 

 

X

 

 

 

 

 

 

 

 

 

Shaw

 

 

X

 

 

 

 

 

 

 

 

 

McWilliams

 

 

X

 

 

 

 

 

 

 

 

 

Wilson

X

 

 

X

 

 

 

 

 

 

 

 

Urankar

 

 

 

X

 

 

 

 

 

 

 

 

Jackson

 

 

 

X

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

11. *RESOLUTIONS

R95-08 – Part-time Tax Collector/Deputy Tax Collector 

R96-08 – Fibertech  - PULLED FROM AGENDA   

R97-08 – Authorization of Check Signatory 

R98-08 – Refund/Beck

R99-08 – Refund/Russonello

R100-08–Refund/Jee

R101-08–Refund/Henriques

R102-08–Refund/Barr

R103-08–Payment of Bills

R104-08- Extension of Tax Bill Due Date

 

 12. *MINUTES

  June 23, 2008 - Regular

  June 23, 2008 - Executive

 

13.  *DEPARTMENT REPORTS

A. Health Officer

B. Public Health Nurse

C. Construction Official

D. Police Department

E. Fire Department

      F. DPW Report            

    

   * Consent Agenda Vote          

Council Member

By:

2nd:

Yes

No

Abstain

Absent

Gormally

 

 

X

 

 

 

Emr

 

 

X

 

 

 

Shaw

 

 

X

 

 

 

McWilliams

 

 

X

 

 

 

Wilson

X

 

X

 

 

 

Urankar

 

X

X

 

 

 

Jackson

 

 

X

 

 

 

 

 

 

 

 

 

    

 

 

    

   

  

   14. ATTORNEY’S REPORT - None

           

15. MANAGER’S REPORT (Hereto attached)

      COAH/Susan Kimball – Moved Up On Agenda

 

      Push/Broadcast Email System

      Mr. Tempesta explained the costs associated with the system and said the Web Site 

      Committee was willing to become more involved in the administrating of the project. It was

      decided to implement the e-mail system this fall.

 

     July 4th Fireworks – Discussed under Community Announcements

 

     Mr. Tempesta explained recent personnel changes in the Borough offices.

        Celia Flynn was hired as the new recreation director.

 

  16. COUNCIL REPORTS

     Appointments

     Environmental Commission/Doug Morrison

 

     Motion by Councilman Emr, second by Councilman McWilliams to appoint Doug Morrison 

     to the Environmental Commission, with all members in favor signifying by “Aye”.

    

     Councilman Shaw noted the impending resignation of Planning Board member Barbara 

     Palmer in September and the need to appoint a new member in August.

  

     Facility Committee

     Councilman Urankar said the Committee reviewed the options of building a new building 

     versus building an addition on the existing facility. He said the estimated cost for either was 

     about $5 million. Councilman Urankar told the Council that based on the information to

     date, the Committee was moving in the direction of recommending that a new building be

     constructed. Mayor Jackson said he would like to see an option that did not include the

     court or police department.

    

     Deputy Mayor Gormally will replace Mrs. Davis on the Planning Board.

  

  Motion by Councilman Shaw, second by councilman McWilliams, to return to Executive

  Session to discuss matters related to Personnel/Proposal for Police Chief Tovo, with all 

  members in favor signifying by “Aye”.

 

  Motion by Deputy Mayor Gormally, second by Councilwoman Wilson, to close the

  Executive Session and return to the public portion of the meeting, with all members in

  favor signifying by “Aye”.

 

17. ADJOURNMENT

Motion by Councilman Urankar, second by Councilman Shaw, to adjourn the meeting at 11:33 p.m., with all members in favor signifying by “Aye”.

 

*Consent Agenda

     Attest:

___________________________                            _____________________

     Christina Whitaker, Borough Clerk                             George B. Jackson, Mayor