BOROUGH
OF
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
building.
Mayor
2.
ATTENDANCE AND FLAG SALUTE
All Council members were in
attendance except for Councilman Urankar. Councilman Gormally
arrived at
Also in attendance were Borough
Manager
and Borough Clerk
Christina Whitaker.
3. EXECUTIVE SESSION
Resolution 48-07
WHEREAS, the Borough Council of the Borough of
Morris, State of
· Shared Services Negotiations
· PBA Contract Negotiations
· Tax Appeals
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:
_____________________ _____________________
Christina Whitaker,
R.M.C.
Motion
made by Councilman Shaw, second by Deputy Mayor Davis, to enter into
Executive Session at
Motion
by Councilman Shaw, second by Councilwoman Wilson to close the Executive
Session and return to the public portion of the meeting at
4. COMMUNITY ANNOUNCEMENTS
Mayor
Jackson informed the public that the Resolution honoring the Wenks was on the
Borough web site along with photos.
Mayor
Jackson updated the Council and public on the outcome of a court hearing on
some
outstanding
Councilman
Shaw congratulated the men’s swim team on another County championship
win. The women’s swim team also were
County champions this year.
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 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.”
Mayor
Jackson opened the public comment portion of the meeting with consent of
Council.
Fred Kanter -
Mr. Kanter objected to the
Mayor making reference to the settlement reached in Court between him and the
Borough’s Prosecutor. Mr. Kanter said the matters discussed at a meeting should
relate only to government business.
He said the Borough had no
towing fee ordinance on record that required reimbursement to the town if a
person’s car was towed or impounded. Without an ordinance, he questioned how
the Borough could require payment.
He questioned the legality
of discussing shared services in closed session.
With no one else wishing to
be heard, Mayor Jackson closed the public comment portion of the meeting.
6. ORDINANCES
ORDINANCE 01-07
AN ORDINANCE AMENDING CHAPTER 185 OF THE REVISED
GENERAL
ORDINANCES OF THE BOROUGH OF
THE AUTHORITY TO APPROVE THE GRANTING OF
RAFFLE LICENSES TO
THE BOROUGH CLERK.
If adopted this
ordinance shall take effect after publication and passage as provided by law.
Public Hearing
Introduced:
|
Council
Member |
By: |
2nd |
Yes |
No |
Abstain |
Absent |
By |
2nd |
Yes |
No |
Abstain |
Absent |
|
Gormally |
|
|
X |
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X |
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Emr |
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X |
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X |
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Shaw |
X |
|
X |
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X |
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X |
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X |
X |
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X |
X |
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X |
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X |
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Urankar |
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X |
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X |
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X |
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X |
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ORDINANCE 02-07
If
adopted this ordinance shall take effect after publication and passage as
provided by
law.
Public Hearing
Introduced:
|
Council
Member |
By: |
2nd |
Yes |
No |
Abstain |
Absent |
By |
2nd |
Yes |
No |
Abstain |
Absent |
|
Gormally |
|
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X |
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X |
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Emr |
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X |
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X |
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Shaw |
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X |
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X |
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X |
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X |
X |
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X |
X |
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X |
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X |
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X |
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Urankar |
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X |
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X |
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X |
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X |
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ORDINANCE 03-07
"AN ORDINANCE AMENDING CHAPTER 111 OF THE CODE
OF THE BOROUGH OF MOUNTAIN LAKES SO AS TO ESTABLISH DEVELOPMENT FEES IN
ACCORDANCE WITH THE RULES AND REGULATIONS OF THE NJ COUNCIL ON AFFORDABLE
HOUSING.
Following introduction, the
above ordinance will be published in accordance with the law
and a public hearing will be
held on
Mr. Murphy explained that
ordinance 03-07 was already approved by COAH last year.
With recent decisions by the
Appellate Division regarding COAH’s 3rd
round requirements,
any changes to the ordinance would
require another review by COAH and probably take
several months. He recommended introducing
the ordinance already approved by COAH
and hold off on any changes at
this time.
Introduced:
|
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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X |
X |
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X |
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X |
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Urankar |
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X |
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X |
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7. DISCUSSION
A. Animal Control Licensing
Based on the information provided to the
Council, it was decided to raise the licensing fees for dogs and cats and have
the Borough attorney prepare an amendment to the Borough’s fee ordinance to
reflect the new licensing fee of $20 for non-neutered or spayed dogs and cats
and $17 for neutered or spayed animals.
B.
Soil Erosion Control
The Council discussed the State’s
requirements on soil erosion control and reporting.
Mr. Webb met with Borough Engineer
Dunn, from the DEP Morris County Soil
Conservation District, regarding recent changes.
Mr. Ryden identified the new paper work that
would be required to monitor soil erosion
and sediment control. A fee schedule was
proposed along with an application form.
The Council
authorized the Borough attorney to prepare the amendment to the fee
ordinance.
C. Tipping
Fees/Solid Waste Bag Fees
The Council
discussed the cost of tipping fees to the Borough. In order to off-set the
increase in
tipping costs, the Council agreed to raise the cost of green trash bags. The
small bags will cost 12.50 for a roll of 10 bags and the large bags will
cost $25 for a roll of
10 bags.
The
Borough attorney will prepare the amendment to the fee ordinance
.
8. *RESOLUTIONS
R46-07
– Appropriation Reserve transfer
R47-06
- Bill List
9. *MINUTES
10. *DEPARTMENT REPORTS
A.
Animal
B.
Health Officer
C.
Public Health Nurse
D.
Construction Official
|
Council Member |
By: |
2nd: |
Yes |
No |
Abstain |
Absent |
|
Gormally |
|
|
X |
|
|
|
|
Emr |
|
|
X |
|
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|
Shaw |
X |
|
X |
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X |
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X |
X |
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Urankar |
|
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X |
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X |
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11.
ATTORNEY’S REPORT
Mr. Murphy explained the
Municipal Vacancy Law:
40A:9-12.1. Vacancy
deemed on resignation, incapacity, death, residence, absence, or removal;
filling unexpired term
The office of
any person appointed to a specified term, with or without compensation, by the
governing body or chief executive of any local unit, including persons
appointed to any board, committee, commission, authority or other agency of one
or more local units, shall be deemed vacant:
g. In the case of a
member of a board, committee, commission, authority or other agency, whenever
the member, without being excused by a majority of the authorized members of
such body, fails to attend and participate at meetings of such
body for a period of 8 consecutive weeks, or for four consecutive regular
meetings, whichever shall be of longer duration, at the conclusion of
such period, provided that such body shall notify the appointing authority in
writing of such determination; provided, further, that such board, committee,
commission, authority or other agency may refuse to excuse only with respect to
those failures to attend and participate which are not due to legitimate
illness;
Mayor Jackson noted that
Borough Prosecutor Brain Mason disagreed with Mr.
Murphy’s
opinion on the Rice law. Mr.
Murphy said Mr. Mason had sent him a letter to that
affect
and that he would be responding to him.
Mr. Webb advised Council that the Joint
Insurance Fund prefers
Rice letters be sent to employees as a procedural measure.
12. MANAGER’S
REPORT
Mr. Webb said he was
still waiting to hear about the NJ Forestry Grant and
He noted that there has
been some interest in constructing a third office building on
Councilman Gormally said the party may be willing to help the Borough fulfill
its obligation of firm capacity or allocation and for that reason he suggested
the Council not move forward on repairing well # 3 until more information has
been gathered.
Mr. Webb said the stone work at
Tankers and pumpers
are back on the grant list for Home Land Security. Steve Butera will
be meeting with Mr.
Webb on the grant application.
2007 Budget
Councilman Shaw said
that the Council needed to keep in perspective what homeowners
are
getting for their municipal tax dollars.
Councilman Gormally said it was the function of the governing body to
control that portion of
the
budget which can be controlled. The most logical being the number of personnel.
Councilman Shaw said it
was the duty of the governing body to provide services to Borough residents.
Councilman Gormally said he requested the budget reflect a reduction of
two police officers, two dispatchers and one DPW worker. Mr. Webb provided
those figures in a model based on Councilman Gormally’s request.
Councilwoman Emr said
that the Council has discussed outsourcing as a possible way of
saving money. She asked
the Council to be mindful of the fact that outsourcing does not
necessarily mean
cheaper.
Councilman Shaw said the
cuts being proposed had a marginal impact on the budget but a
major
impact on services to the residents.
Mayor Jackson said he
would like to know what had happened to the tax collection reserves and the surplus
that had been anticipated. He asked for CFO
Councilman Shaw said he
would not be in favor of making cuts in the minor areas proposed.
Councilwoman Wilson said
she opposed cutting the Home and School budget.
Councilman Gormally said the $5800 for Home and School in the budget
goes to the editor. He suggested the Borough no longer use the Home and School
Bulletin and move entirely in the direction of the Borough web site.
Police Department
Police Chief Robert Tovo
explained how the police department would be impacted without
the
two dispatchers and two police officers. Any officer taking over the duty of
dispatcher would have to undergo 40 hours of training in Emergency 911. He also
noted that he had some contractual concerns. With fewer officers on duty he
projected there would be more
overtime
costs and less revenue collected. Chief Tovo told the Council that the
Borough’s police department provides only basic policing. He explained how the present staffing worked.
Mayor Jackson said he
would like to see a staffing model. Chief Tovo said he would provide the
information but that deployment was his responsibility.
.
Councilman Shaw said the
Council determined two years ago that the police department
was
working as effective as possible.
Councilman Gormally said the department worked efficiently last year
with a couple men out
on
disability. Chief Tovo explained that the officers worked together to cover all
areas and to
keep
overtime low.
Councilwoman Emr said it
was impractical to replace dispatchers with experienced officers who are paid
more money.
DPW
Director of Public Works
Deputy Mayor Davis said
it was very important to maintain Borough services and recommended the
department continue to employ at least 10 persons.
Councilwoman Wilson said
that it was all the little things that made
Councilman Shaw said he
would support Mr. Webb’s recommendation of 10 employees noting the municipality
is now required to do much more than in the past under new laws.
Councilman Emr said it
was her opinion that the town is run very efficiently. She would not like to
see the budget cut to the point were it resulted in counter productivity.
Councilman Gormally said it was hypocritical on the part of the Council
to ask the DPW to take a cut in personnel and not the police department.
Mr. Webb will provide
the Council with a new budget based on the discussion tonight.
13. COUNCIL
REPORTS
Due to the time, the
Council reports will be carried to the next meeting.
14. ADJOURNMENT
On
motion by Councilman Shaw, second by Councilman Gormally, with all members in
favor signifying by “Aye” the meeting was adjourned at
*Consent Agenda
Attest:
___________________________ _____________________
Christina Whitaker, Borough
Clerk