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 Jackson called the
meeting to order at
2. ATTENDANCE
AND FLAG SALUTE
All
Council members were present except for Councilman Gormally and
Councilwoman Wilson.
Also in attendance were Borough Manager
Marty
Murphy and Borough Clerk Christina Whitaker.
Councilman
Gormally arrived.
3. COMMUNITY ANNOUNCEMENTS
Councilman
Shaw announced that the
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
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.
Councilwoman Wilson arrived.
Kay Robinson –
Ms. Robinson was helped to
the podium by one of the Borough’s police officers, which she noted for the
record. She told the Council that the Borough was a good place to live because
the residents could feel safe and urged them not to cut the police force.
Mr. Breslin told the Council
that it should not micromanage the operations of the Borough but rely on the
expertise and advice of the Manager and Police Chief. He said reducing the
number of police officers on the force would affect the Borough’s ability to
protect the children living in the municipality. He noted that a previous
Council added a police officer to cut the cost of overtime.
Duke Smith -
Mr. Smith reminded the
Council that when Mr. Webb was hired, the Council agreed with him on a plan to
maintain the infrastructure of the Borough. He credited Police Chief Tovo with
bringing down overtime costs and hiring the finest officers. He said the
Council’s responsibility was to continue to provide the best services for its
residents.
Tiffany Palisi -
Ms. Palisi recently moved to
the Borough and has found the town to be a safe place with a wonderful support
system. As a single mother she said it
was important to her that a police officer was not cut from the Department.
Susan Jacobs -
She told the Council that
reducing the Police Department by one officer would be doing the residents a
disservice.
Steve Holt -
Mr. Holt told the Council it
had a fiduciary duty to protect the residents. If the Police Department was
reduced, it would not be fulfilling its duty.
Steve Castellucci – 2 Laurelwood
Mr. Castelucci urged the
Council not to experiment with the safety of the residents. Instead he asked
Council members to take a comprehensive approach and hire a performance auditor
to assess the Borough’s needs for the next year.
John Moore – 225 Boulevard
Mr. Moore said it has been
necessary for him to call the police on at least two occasions, and the
response time was within three minutes. He doubted that could be matched by any
other municipality. He told the Council that he would rather the police not
have to worry about their jobs, and concentrate on the safety of town
residents.
Joan Best –
Mrs. Best told the Council
she has lived in Mountain Lakes 22, years, served on the Shade Tree Commission
for 10 years and has been a Borough employee for 7 years. She said that all the
employees are talented and dedicated and are willing to come together in times
of crisis for the good of the community. However, while willing to do so, it is
with an understanding or assumption that the crisis will be short term. It will
be beyond anyone’s control and the conditions will revert back to normalcy
after the crisis is over. But the reality is that the Borough finds itself in
crisis, year after year, and the employees pull together only to find that the
opposite of what they expected is true. Conditions never revert back.
She praised Mr. Webb’s
abilities and told Council members they needed to trust him to do his job.
George Bere -
Mr. Bere said that cutting a
police officer would only be a short-term solution and could create long term
problems. He urged the Council not to cut the police force.
Bob Wall -
Mr. Wall said that he
appreciated the professionalism of the Borough’s police force. He told the
Council that he understood that it was attempting to save money but that the
Police Department was the wrong place.
Jim McCrudden -
Mr. McCrudden said he was there representing the
YMCA. He told the Council that the other surrounding municipal police
departments lacked in comparison to the response time of the
Dede Conlan -
Mrs. Conlan said she wanted
to support the DPW workers. She said they do a wonderful job in town and
especially in the summer on the beaches and should not be penalized for doing a
good job.
Ron Gironda - 41 Rainbow
Trail
He told the Council to not
be penny wise but pound foolish and urged the Council not to cut the police
force.
With no one else wishing to be heard, Mayor
Jackson closed the public comment portion of
the meeting.
5. ORDINANCES
Ordinance
04-07
ORDINANCE AMENDING CHAPTER 111 OF THE REVISED
GENERAL ORDINANCES OF THE BOROUGH OF
If adopted this ordinance shall take
effect after publication and passage as provided by
law.
Mayor Jackson opened the Public Hearing.
Dede Conlan –
Mrs. Conlan told the Council the new proposed dog and cat licensing fees
seemed high.
The dog & cat licenses will go up to $17.00 for neutered/spayed
animals and $20.00 for
non-neutered/non-spayed.
Mr.
Webb explained that the State of
The
revenue from licensing and the expenditures have historically been placed in
and spent from a Borough Trust Fund. In
addition, the Borough authorizes $1000.00 per year to cover the expenses of
this program. Over the past several
years, the Borough contribution has
risen to $6000.00. Therefore, when the
State passed new legislation this year that allows fees to be raised, the
Borough took the opportunity to restore the appropriation to the Trust Account
to $1000.00.
With no one else wishing to be heard,
Mayor Jackson closed the 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 |
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 |
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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6. INTRODUCTION OF BUDGET
Mr. Webb addressed areas
of the proposed 2007 budget. (Hereto attached)
2007
Current Fund Budget Revenues: Down 4%
Expenditures: Up
3.5%
Increase in Tax Rate: Up 9.5%
Average Increase for $1,006,558
Residence: $247.15
2007 Current Budget Cuts:
A breakdown of the reductions is as follows.
Operations In Cap: $78,699
Operations Outside of Cap:
$152,698
Total Cuts: $231,397
2007
Capital Budget:
Capital program for 2007 is $576,340
with a CIF of $60,000.
2007
Tax Model & Utility Forecasts:
Historical
Data: Current Budget Annual Percentage Increase from 1999 to 2007 is 4.2%.
Current Fund Annual Percentage Tax Rate
Increase from 1999 to 2007 is 4.4%.
Calculation
of Municipal Tax Rate: The projected Annual Average Tax Rate from 2007 to
2011
is 6.4%. Removing 2007 from the calculation the average would be 5.64%
2007
Water Utility Forecast: The model shows a year ending surplus of
$20,000, and that Council should address a rate increase for 2007, ideally in
time for the summer months in order to address water conservation.
2007
Sewer Utility Forecast: The model shows a year ending surplus of
$45,000. Council should address an increase for 2007 due to the planned water
conservation measures which could affect sewer revenues.
Personnel
Reduction: Mr. Webb provided the Council with personnel reduction scenarios in
the Police Department and Department of Public Works.
Future Forecast: This model was prepared with the consultation of Herb Kirby in order to
assist the Borough in determining what key issues and
decisions should be addressed to
better project future tax rate increases. It shows the projected Annual Average Tax
Rate
increase from 2007 to 2011 is 5.97%. Removing the year 2007 from the
calculation the
average increase would be 4.97%.
Other Information: (Hereto attached)
Police Departmental Historical Budget Data
PBA Salary Projections
Where Do Your Taxes Go? Explanation
Motion
by Councilman Shaw, second by Councilwoman Emr, to introduce the budget.
Mayor
Jackson opened Council discussion on the 2007 budget.
Councilman
Urankar said he did not support purchasing a new truck for the DPW and was in
support
of cutting personnel in the Police Department and DPW.
He
told the Council and public that he was concerned that new people would not
want to
move
to
He
explained that his decision to vote “no” on the budget was not about the
performance of
any
employee, but rather the rising costs and the creation of something that the
Borough
could
no longer afford. He suggested placing a moratorium on new hires and holding
off on
milling
roads.
Councilman
Gormally said that after listening to the public he would support maintaining
present personnel in the police department and DPW. He would also agree to
putting the lake cleaning, design for the bathroom at Birchwood, and milling of
roads back in the Capital budget.
Councilman Shaw,
Councilwoman Wilson and Deputy Mayor Davis agreed with Councilman
Gormally. Councilwoman Emr said she would
not support a budget that cut police personnel, believing it would only
increase overtime costs.
Mayor Jackson said a tax increase of nearly
10% was too high and therefore cuts needed to
be made.
Motion made by
Councilman Gormally, seconded by Councilman Shaw, to include $1,500 in the Current
Budget for Fire Department Administration, with Councilman Gormally, Councilwoman
Emr, Councilman Shaw, Deputy Mayor Davis and Councilwoman Wilson voting yes and
Councilman Urankar and Mayor Jackson voting no, by Roll Call vote.
Motion by Councilman
Gormally, second by Councilman Shaw, to include plans for a new facilities at
Birchwood, ($5,000) in the Capital Budget, with Councilman Gormally, Councilwoman
Emr, Councilman Shaw, Deputy Mayor Davis and Councilwoman Wilson voting yes,
and Councilman Urankar and Mayor Jackson voting no, by Roll Call vote.
Motion by Councilman
Gormally, second by Councilwoman Wilson to include limb pickup ($10,000) in the
Current Budget and road milling ($120,000) in the Capital budget with
Councilman Gormally, Councilwoman Emr, Councilman Shaw, Deputy Mayor Davis and
Councilwoman Wilson voting yes, and Councilman Urankar and Mayor Jackson voting
no, by Roll Call vote.
Motion by Councilman
Gormally, second by Deputy Mayor Davis to include lakes
cleaning ($25,000) in
the Capital Budget and treatments ($5,450) in the Current Budget with
Councilman Gormally, Councilwoman
Emr, Councilman Shaw, Deputy Mayor Davis and
Councilwoman Wilson
voting “yes” and Councilman Urankar and Mayor Jackson voting no,
by Roll Call vote.
With these changes, the
Capital budget increased to $765,130: $719,340 in General Capital,
and $45,790 in Utility
Capital. The Current budget changed as follows:
2007 Current Fund Budget Revenues: Down 4%
Expenditures: Up
3.79%
Increase in Tax Rate: Up 9.96%
Average Increase for $1,006,558
Residence: $258.73
Introduction of Budget
Vote:
Councilman Gormally,
Councilwoman Emr, Councilman Shaw, Deputy Mayor Davis,
Councilwoman Wilson,
“Yes”
Councilman Urankar,
Mayor Jackson, “No”
The Public Hearing will
be held on
7. RESOLUTIONS
R50 -07 - Bill List
8. *MINUTES
9. *DEPARTMENT REPORTS
A.
Health Officer
B.
Public Health Nurse
C.
Fire
Council Member |
By: |
2nd: |
Yes |
No |
Abstain |
Absent |
Gormally |
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X |
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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X |
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Minutes |
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X |
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Urankar |
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10.
ATTORNEY’S REPORT
Mr. Murphy asked to have an Executive Session
at the end of the agenda to discuss a tax
appeal
matter.
11. MANAGER’S REPORT
The Council asked Mr. Murphy to contact the
attorney for Weber Homes for a detailed
explanation of what changes the developer was
proposing.
12. COUNCIL REPORTS
Midvale Market
Redevelopment
The Historic
Preservation Committee would like to make a presentation in April.
Councilman Urankar said
he would like to hear their presentation and also suggested
those residents within
500 feet of the Midvale section to be notified of the meeting. However,
Councilman Gormally said
the Council was not the responsible party. The property is
privately owned. He
suggested putting the matter on the agenda for discussion and letting
the property owners know
it would be discussed in relation to Borough-owned property.
Council decided to do
nothing until there is a formal application to the Planning Board from
the property owner.
Citizen
of the Year Award
Janice
Hunts Award
The Council discussed
several names for consideration.
EXECUTIVE SESSION
Resolution 51-07
WHEREAS, the
Morris, State of
· Tax Appeal
WHEREAS, the
NOW, THEREFORE, BE IT
RESOLVED by the
Dated:
_____________________ _____________________
Christina Whitaker,
R.M.C.
Motion
made by Councilman Shaw, second by Councilman Gormally, to enter into
Executive
Session at
Motion
by Deputy Mayor Davis, second by Councilman Shaw, to close the Executive
Session and return to the public portion of the meeting at
13. ADJOURNMENT
Motion by Councilman
Shaw, second by Councilman Gormally, to adjourn the meeting at
*Consent Agenda
Attest:
___________________________ _____________________
Christina Whitaker, Borough
Clerk
BOROUGH
OF
ORDINANCE
AMENDING CHAPTER 111 OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF
BE IT ORDAINED by the
Section 1. Chapter 111 of the Revised General Ordinances of the Borough of Mountain Lakes, § 111-3 entitled "Fee schedules", Subsection I. entitled "Board of Health", subparagraph (2), shall be amended to read in its entirety as follows:
I. Board
of Health.
Code
Fee
Reference
(2) Retail
food establishment: §
268-4B
For
each premises or establishment
licensed,
or approval of existing permit:
Non-restaurant
establishments
where food items are sold $75.00
Institutions $75.00
Temporary
Establishments $25.00
Restaurants
1-99
seats $100.00
100+
seats $125.00
Attendance
at annual food handler's $5.00
seminar,
per person
Section 2. Chapter 111 of the Revised General Ordinances of the Borough of Mountain Lakes, § 111-3 entitled "Fee schedules", Subsection I. entitled "Board of Health", subparagraph (7), shall be amended to read in its entirety as follows:
I.
Board of Health.
Code
Fee
Reference
(7) Miscellaneous:
Vital statistics:
Certified
copy of birth, death,
marriage, and civil union record
1-10
copies $10.00
each
11-20
copies $5.00
each
21+
copies $2.50
each
Marriage or Civil
($25 to
state, $3 to Borough)
Burial or removal permit $1.00
Transit permit $1.00
Returned check fee $20.00
Postage and handling
charges:
Letters and
certificates $1.00
Booklets and
pamphlets $3.00
Bulky items $5.00 or cost
Water reading/sale of
property $20.00
Section 2. Chapter 111 of the Revised General Ordinances of the Borough of Mountain Lakes, § 111-3 entitled "Fee schedules", Subsection A. entitled "Borough Clerk", shall be amended so that the following fees are revised to be:
Cat
license:
Neutered or spayed $17.00
Unneutered or unspayed $20.00
Late charge $25.00
Replacement
tag $5.00
Dog license:
Neutered or spayed $17.00
Unneutered or unspayed $20.00
Late charge $25.00
Replacement
tag $5.00
Section 3. Chapter 111 of the Revised General Ordinances of the
Borough of Mountain Lakes, § 111-3 entitled "Fee schedules", Subsection
C. entitled "Department of Public Works", shall be amended so that
the following fees are revised to be:
Bag charges for garbage collection
(sold in quantities of 10):
15-gallon
capacity $12.50
30-gallon capacity $25.00
Section 4. Chapter 111 of the Revised General Ordinances of the
Borough of Mountain Lakes, § 111-3 entitled "Fee schedules",
Subsection C. entitled "Department of Public Works", shall be amended
to include new subsection (10) which
shall set forth the fees soil erosion and sediment control certifications and
shall read in its entirety as follows:
(10) Soil
Erosion and Sediment Control Certification Fees shall be as follows:
Individual single-family residential
projects $200 per project
Residential Subdivisions $500 base fee plus
$100per lot
Residential developments and site plans $1000 base fee plus $50 per dwelling
unit
Non-residential development and site
plans $1000 base fee plus $100 per
acre
Section 5. If any section or provision of this Ordinance shall be held invalid in any Court of competent jurisdiction, the same shall not affect the other sections or provisions of this Ordinance, except so far as the section or provision so declared invalid shall be inseparable from the remainder or any portion thereof.
Section 6. All Ordinances or parts of Ordinances, which are inconsistent herewith are hereby repealed to the extent of such inconsistency.
Section 7. This Ordinance shall take effect
immediately after final passage and publication in the manner provided by law.
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 |
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 |
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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Christina Whitaker
Borough Clerk