BOROUGH OF MOUNTAIN LAKES COUNCIL MEETING

TUESDAY, FEBRUARY 27, 2007

8:00 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.

 

Mayor George Jackson called the meeting to order at 8 p.m.

 

2.      ATTENDANCE AND FLAG SALUTE

All Council members were present except for Deputy Mayor Davis and Councilman Urankar. Councilwoman Emr arrived at 8:03 p.m.

Also in attendance were Borough Manager Gary Webb, Borough Clerk Christina Whitaker, and Attorney James Bryce from Marty Murphy’s office.

 

3. COMMUNITY ANNOUNCEMENTS

Presentation of Gavel to Former Mayor Shaw

Mayor Jackson presented Councilman Shaw with engraved gravel for his time served as Mayor from 2005-2006.

 

Councilman Shaw announced that the boys swim team was the Public B State champion.

 

4.   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.

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

 meeting.

 

 

 

 

 

 

5. ORDINANCES

      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.

 Public Hearing

   

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

law.

 

Mayor Jackson opened the Public Hearing.

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

     

Introduced:  February 12, 2007                                    Adopted: February 27, 2006

Council Member

By:

2nd

Yes

No

Abstain

Absent

By

2nd

Yes

No

Abstain

Absent

Gormally

 

 

X

 

 

 

X

 

X

 

 

 

Emr

 

 

X

 

 

 

 

 

X

 

 

 

Shaw

 

 

 

X

 

 

 

 

 

X

 

 

Davis

 

X

X

 

 

 

 

 

 

 

 

X

Wilson

X

 

X

 

 

 

 

X

X

 

 

 

Urankar

 

 

 

 

 

X

 

 

 

 

 

X

Jackson

 

 

X

 

 

 

 

 

X

 

 

 

 

 

Ordinance 04-07

ORDINANCE AMENDING CHAPTER 111 OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF MOUNTAIN LAKES ENTITLED "FEES"

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

and a public hearing will be held on March 12, 2007

 

Introduced:  February 27, 2007                                  Adopted:

Council Member

By:

2nd

Yes

No

Abstain

Absent

By

2nd

Yes

No

Abstain

Absent

Gormally

 

 

X

 

 

 

 

 

 

 

 

 

Emr

 

 

X

 

 

 

 

 

 

 

 

 

Shaw

X

 

X

 

 

 

 

 

 

 

 

 

Davis

 

 

 

 

 

X

 

 

 

 

 

 

Wilson

 

X

X

 

 

 

 

 

 

 

 

 

Urankar

 

 

 

 

 

X

 

 

 

 

 

 

Jackson

 

 

X

 

 

 

 

 

 

 

 

 

 

                     

6. *RESOLUTIONS

R49-07 – Bill List

 

 

 

7. *MINUTES

      January 22, 2007 – Regular

      February 12, 2007 – Regular

      February 12, 2007 - Executive

                                        

Council Member

By:

 

2nd:

Yes

No

Abstain

Absent

Gormally

 

 

X

 

 

 

Emr

 

 

X

 

 

 

Shaw

 

X

X

 

 

 

Davis

 

 

 

 

 

X

Wilson

X

 

X

 

 

 

Urankar

 

 

 

 

 

X

Jackson

 

 

X

 

 

 

 

                     

 

         

         

 

 

 

 

 

 

 

    8.  ATTORNEY’S REPORT

          Towing Ordinance

     Mr. Bryce explained to Council that the Borough has never had a towing ordinance in

     place. However, the Police Department has always followed State regulations when it   

     became necessary to tow.

     Police Chief Robert Tovo said the towing companies used were rotated so that an equal

     and fair policy had been established. Payment for towing is paid directly to the towing

     company by the person whose vehicle was moved.

     The Borough Attorney will draft an ordinance for introduction at the next meeting.

 

    9. MANAGER’S REPORT

    Mr. Webb informed the council that there was a balance left on the work done on the

    Birchwood Lake wall.  The electric work still to be done would cost about $8000.  

Borough Engineer William Ryden has advised him that the pilings at dock B and C are    

deteriorating and need to be repaired by filling them with concrete at a cost of $7550.  With all the additional work proposed, there would still be a remaining balance of approximately $2000 in the account. The Council agreed with the engineer’s recommendation to repair the pilings and change the electrical work.

 

    The Manager and the Police Chief will be reviewing the wording on the signs in the

    Borough that prohibit overnight parking in the winter months. The action comes after a

a summons that was issued on Hanover Road was appealed based on the language on  

the signs.

 

   Request for Fundraising Program (Make A Wish)

   The Council discussed the request by resident Kim Terhune to collect a service charge of 

   $1 to deliver Borough trash bags to residents requesting the service. Ms. Terhune

proposed that the money collected go to the “Make A Wish Foundation” while providing a

service to the community.

   Councilwoman Wilson was opposed to the suggestion. She felt it might create unforeseen

   problems for the Borough. However, the other Council members present said they had no

   problem with the suggestion as long as it is not solicitation, the bags would be purchased

   first, and the Borough would have no responsibility in the fundraising effort.   

 

 

 

 

 2007 Budget

 Mr. Webb provided the Council with an updated budget recommendation. (hereto

 attached)

 

 The Manager and the Council went over his recommended cuts. The proposed budget   

 represented an overall budget increase of 3.54%.  The increase in tax rate would be 9.95%. 

 The figure represents an average increase of $258.72 in municipal taxes on the average

 home assessed at $1,006,558.

 

Mr. Webb provided the Council with 10 separate scenarios, nine of which included the reduction of personnel in the Department of Public Works (DPW) and/or Police Department.

  

Councilman Gormally, Councilwoman Wilson and Mayor Jackson supported the elimination of 1 DPW worker and one police officer.

 

Councilman Gormally said the department functioned last year without creating much overtime even though it was down 1.5 officers.  He said he could not understand why it could not continue to do so with the same results. While he agreed there should be changes made in policing staffing, he was concerned with the proposed reduction in the Lakes Management cleaning program, and the elimination of brush pick up.

 

 Chief Tovo said the overtime was kept to a minimum because the officers covered for their co-workers. The endeavor was a personal sacrifice on their part.  He explained how services to the residents would be adversely affected by the reduction in police staffing and that an increase in overtime could be expected.  A department with only 13 officers would mean residents would receive a different type of service.

 

Councilman Gormally said the additional coverage by other officers was what he would expect under the circumstances.

 

Councilwoman Wilson said her support to reduce staffing was not an easy decision for her, but if something was not done this year, the Council would be faced with the same problems next year at budget time. Hard decisions had to be made and that necessitated change.

 

Mayor Jackson said he wanted the police department to restructure itself and believed that only a minimal impact on services and overtime would result. He said that many of the budget problems facing the Council were driven by police salaries and that the cost for policing was too high for the community. He supported a reduction in police staffing.

In response to Chief Tovo’s comments, Mayor Jackson said the Council understood that it could not ask for services to remain the same if staffing was reduced.

The Mayor said he would also like to try outsourcing some DPW work this year.

 

Councilwoman Emr and Councilman Shaw supported the budget as proposed by Mr. Webb.

 

Councilwoman Emr said that the police department was functioning better than ever; noting that in 1997 overtime was out of control. She said the 14 members of the department were necessary in order to provide basic services to the residents and minimize overtime. To reduce the department would be a mistake.

She was concerned that outsourcing some DPW services would be costly to the Borough in the end. She added that it was not fiscally responsible to try to run a town by down sizing the staff.

 

Councilman Shaw said he supported recommendations made by the Manager. However, he expressed concern that the proposed budget might already be too tight. He supported leaving the DPW at 10 employees. He was concerned that further reduction in employees might affect services to the residents.

 

Detective Shawn Bennett told the Council that he recognized his position would be the most logical choice to eliminate.  But he explained that one major incident would put a patrolman on overtime, noting that hours must be spent on a single investigation. He has had to change his regular working schedule while on an investigation.

 

Police Officer Gil Benitez said reduction in staffing would definitely result in overtime.

He pointed out that a minimum amount of overtime would be needed just to cover vacations.

Working additional hours occasionally, when the department was short handed was one thing, but expecting an officer to take on additional work because staffing had been permanently reduced would be a personal hardship on the employees.

 

Steve Castellucci – Laurelwood Drive

Mr. Castellucci suggested the Council wait a year before eliminating employees and take this year to have an operational assessment done of the DPW and Police Department by a professional.

 

Mr. Webb told the Council he recommended introducing an ordinance later this year raising sewer fees so it would become effective in January 2008.

 

Both Councilman Gormally and Mayor Jackson agreed that increased pricing should be based on volume and possibly done earlier in the year.

 

Mr. Webb recommended keeping the rehabilitation of well # 3 in the budget.

 

Mayor Jackson asked Mr. Webb to come back on March 12th with a budget for introduction based on the Council’s discussion.

 

10. COUNCIL REPORTS

 Mayor Jackson asked Council members to send him names for nomination of Citizen of the Year and the Janice Hunts Award.

 

Motion made by Councilwoman Emr, second by Councilman Shaw, with all members in favor signifying by “Aye” to appoint Bonnie Rosenthall to the Historic Preservation Committee.

 

11. ADJOURNMENT

 On Motion by Councilman Gormally, second by Councilman Shaw the meeting was adjourned at 10:52 p.m.

 

*Consent Agenda

          

Attest:

___________________________                               _____________________

Christina Whitaker, Borough Clerk                              George B. Jackson, Mayor