BOROUGH OF MOUNTAIN LAKES COUNCIL MEETING
MONDAY, JANUARY 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.
2. ATTENDANCE AND FLAG SALUTE
All Council members were present except for Councilman Gormally.
Also in attendance were Borough Manager Joe Tempesta, Borough Attorney Marty
Murphy and Borough Clerk Christina Whitaker
3. EXECUTIVE SESSION
Resolution 46-08
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 Contract Negotiations
· Shared Services
· Personnel Matters
· Litigation/Kanter
· Potential Litigation/ Station Lease
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.
Dated: January 28, 2008
_____________________ _____________________
Christina Whitaker, R.M.C. George B. Jackson, Mayor
Motion by Councilman Shaw, second by Councilwoman Emr, to enter into Executive Session with all members in favor signifying by “Aye”.
Councilman Gormally arrived at 7:35 p.m.
Motion by Councilman Shaw, second by Councilwoman Emr, to close the Executive Session at 8:07 p.m., with all members in favor signifying by “Aye”.
4. COMMUNITY ANNOUNCEMENTS
The Council took a minute to remember Adrian “Duke” Smith and his dedication to
the town. He will be missed.
Deputy Mayor Davis informed the Council that Dan Brennan, Recreation Director Denise
Brennan’s son, is serving an internship with Congressman Rodney Frelinghuysen’s office.
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.
Vince DiRicco – Kenilworth Road
Mr. DiRicco told the Council that he received a violation sticker on his trash bags with instructions that the bags must be tied. He noted that tying the bags reduces the holding capacity by 1/3. Since it costs $2.50 for each bag, he wanted to be able to use the entire bag for trash. He asked if the sanitation company’s contract specified the bags had to be tied.
With no one else wishing to be heard, Mayor Jackson closed the public portion of the meeting.
The Council discussed the trash bag issue and directed Mr. Tempesta to review the contract and speak with the contractor regarding the matter.
6. ORDINANCE
01-08
CALENDAR YEAR 2008 ORDINANCE TO EXCEED THE MUNICIPAL BUDGET
APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK (N.J.S.A. 40A:
4-45.14)
Following introduction, the above ordinance will be published in accordance with the
law and a public hearing will be held on February 11, 2008
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Council Member |
By: |
2nd |
Yes |
No |
Abstain |
Absent |
By |
2nd |
Yes |
No |
Abstain |
Absent |
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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 |
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Urankar |
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X |
X |
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Jackson |
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X |
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02-08
ORDINANCE PROVIDING FOR THE ACQUISITION AND ACCEPTANCE OF
CERTAIN REAL PROPERTY LOCATED WITHIN THE BOROUGH OF MOUNTAIN
LAKES (CIVIC DEVELOPMENT CORPORATION, A CORPORATION OF THE
STATE OF NEW JERSEY/BLOCK 9, LOT 13)
Following introduction, the above ordinance will be published in accordance with the
law and a public hearing will be held on February 11, 2008.
Councilman Urankar requested a letter from the Borough Attorney stating that everything was in order regarding the donated piece of property.
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Council Member |
By: |
2nd |
Yes |
No |
Abstain |
Absent |
By |
2nd |
Yes |
No |
Abstain |
Absent |
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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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7. DISCUSSION
A. July 4th Fireworks
Mrs. Brennan had been notified that Interstate Fireworks would not be able to provide
a fireworks display on July 4th as it had in the past. The company offered to hold
the display on July 5th or 6th.
Since the Borough has historically held fireworks on July 4th, the Council was in support
of continuing the tradition.
The Council requested the Manager solicit other fireworks vendors to see if one was
available on July 4th.
Councilman Shaw said a real effort needed to be made to get donations and that
solicitation efforts should begin earlier than in the past.
8. *RESOLUTIONS
R 40-08 Award of Bid/Greenwood Tree Service
R 41-08 Transfer of Funds - pulled by Mayor Jackson
R 42-08 Refund Overpayment Utility Services
R 43-08 Refund Overpayment of Taxes
R 44-08 Refund Overpayment of Taxes
R 45-08 Payment of Bills
9. *MINUTES
January 2, 2008
Consent Agenda Vote
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Council Member |
By: |
2nd |
Yes |
No |
Abstain |
Absent |
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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 |
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Urankar |
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X |
X |
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Jackson |
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X |
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R 41-08 - Transfer of Funds
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Council Member |
By: |
2nd |
Yes |
No |
Abstain |
Absent |
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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 |
X |
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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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X |
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Mr. Tempesta explained the need to transfer funds.
The Manager also explained that the requisition process had not been done properly for
some time and items had been purchased prior to approval of the CFO.
A memo was sent to all department heads stating a hiring freeze was in effect and no
money was to be spent unless the CFO or Manager had given prior approval.
10. ATTORNEY’S REPORT
The Station Lease was removed from the regular agenda and moved to be discussed in
closed session due to potential litigation.
11. MANAGER’S REPORT
2008 Budget
The Manager will consider having an additional meeting for budget purposes as
recommended by Council.
The Council asked Mr. Tempesta to report on the state of the Borough after he has been in
the Manager’s position for a few months. A tentative date of June 30th was set.
Councilwoman Emr asked the Council to amend the noise ordinance relating to
Sundays, particularly the starting time that landscaping equipment can be used.
She will prepare a discussion item for the next Council meeting.
Police Chief Tovo discussed with Council the issue of no parking on Wilcox Drive. There is
no parking on Wilcox Drive on both sides the entire length from 7:30 a.m. to 5:30 p.m.,
when school is in session by virtue of Ordinance 20-02 adopted September 9, 2002.
High School students have been parking on the street. Although some students had
received summonses, Chief Tovo said all were dismissed because there were no signs in
place.
The Council directed the Police Chief to have the street posted and suggested the High
School remind students that they are not to park on Wilcox Drive.
Councilwoman Emr and Councilman Urankar suggested some form of relief was needed for
residents living on Wilcox Drive.
Councilwoman Wilson said a notice to residents living on the street should be sent out
instructing them to call the police when additional street parking was needed.
Chief Tovo concurred.
12. COUNCIL REPORTS
Highlands Update/Councilman Shaw
Councilman Shaw informed the Council that the 2nd draft of the Highlands plan was released on Nov. 30, 2007. Comments to the Highlands Council will be accepted until February 29th. The local Highlands Committee plans to meet on January 31st.
The Executive Director of the Highlands Committee would like to make a presentation to the Borough Council and is looking for a date.
Appointments
No recommendations have been made for the appointment of a member of the Environmental Commission to the Planning Board.
The Council discussed whether