BOROUGH OF MOUNTAIN LAKES

BOROUGH HALL, 400 BOULEVARD, MOUNTAIN LAKES

973-334-3131

www.mtnlakes.org

 

AUGUST 27, 2012

7:30 p.m.

MINUTES

 

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 and The Star Ledger on January 4, 2012 and posted in the municipal building.

 

Mayor Gormally called the meeting to order at 7:32 p.m.

2.   ATTENDANCE AND FLAG SALUTE

 

All Council members were present except for Councilwoman Bravo and Deputy Mayor Happer, who were both absent.  Also in attendance were Borough Attorney Marty Murphy, Borough Manager Robert Tovo, and Deputy Borough Clerk Michele Reilly.

3.   EXECUTIVE SESSION RESOLUTION 106-12

 

      Matters Relating to Litigation, Negotiations and the Attorney-Client Privilege:

      -Tax Assessor Presentation

 

      Matters Relating to the Employment Relationship

      -Patrolman Position

      -Borough Clerk Position

 

Motion made by Councilman Shaw, second by Councilman Holmberg, to enter into Executive Session with all members in favor signifying by “Aye”.

 

Motion made by Councilman McWilliams, second by Councilman Holmberg, 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 commented that Hurricane Irene affected this area almost one year ago. He talked about the pamphlets recently mailed to the Borough Council by the Morris County Flood Mitigation Program, which is a subset of the Morris County Open Space Committee and is chaired by former Mountain Lakes Councilwoman and resident Louise Davis. This organization is working with municipalities to identify flood prone areas and offers funding so the municipality can acquire these properties.

 

5.   PUBLIC COMMENT

 

Mayor Gormally opened the public comment portion of the meeting with consent of the Council. Mayor Gormally explained the Council’s policy of limiting each speaker to five (5) minutes and no yielding of time to another person.

Michael Obremski – Madison Avenue, Morristown

Mr. Obremski identified himself as the Area Manager for Jersey Central Power and Light (JCP&L) for the past four (4) years. He also mentioned Hurricane Irene and discussed the many ways JCP&L has tried to improve their service for customers since the storm. For example, they have instituted a “24/7” power center for customers who wish to report power or streetlight outages. They have also developed a municipal hotline and hired new linemen.

With no one wishing to be heard, Mayor Gormally closed the public comment portion of the meeting.

 

AUGUST 27, 2012

Regular Minutes

Page Two

 

 

6.  ORDINANCE 13-12

 

      ORDINANCE AMENDING CHAPTER 102 OF THE REVISED GENERAL ORDINANCES OF THE   BOROUGH OF MOUNTAIN LAKES PERTAINING TO SOIL EROSION AND SEDIMENT CONTROL

    

      As advertised, the public hearing for this Ordinance is scheduled for September 10, 2012.

 

7.   ORDINANCE 14-12

 

      ORDINANCE AMENDING CHAPTER 26 OF THE REVISED GENERAL ORDINANCES OF THE     BOROUGH OF MOUNTAIN LAKES PERTAINING TO DEPARTMENT STANDARDS FOR POLICE     ACCREDITATION

 

                BE IT ORDAINED by the Borough Council of the Borough of Mountain Lakes, in the County of Morris and State of New                 Jersey, as follows:

 

                Section 1.             Chapter 26, “Departments,” Article II, entitled “Department of Police,” is  hereby amended to read in its                 entirety, as follows:

ARTICLE II

Department of Police

 

                § 26-3  Establishment of the Police Department.

                There is hereby created in and for the Borough of Mountain Lakes, in the County of Morris and State of New Jersey, a Police                 Department.

 

                § 26-4  Composition.

A.             The Mountain Lakes Police Department shall consist of no more than a Chief of Police, and one (1) Lieutenant, five (5) Sergeants, and a maximum of twenty (20) police officers, to be appointed to these positions by the Chief of Police with the approval of the appropriate authority and with the budgetary approval of the governing body, as public may require.

 

B.             In addition, the Police Department may employ clerical personnel and other employees to assist its officers in preserving peace and good order in the Borough.

 

                § 26-5  Purpose of the Police Department.

                The Police Department shall preserve the public peace; protect life and property; detect, arrest and prosecute offenders of the                 laws of New Jersey and the ordinances of the Borough of Mountain Lakes; direct and control traffic; provide attendance and                 protection during emergencies; make appearances in court; cooperate with all other law enforcement agencies; and provide                 training for the efficiency of its members.

 

                § 26-6      Designation of Appropriate Authority.

                Pursuant to N.J.S.A. 40A:14-118, the Borough Manager is hereby designated as the appropriate authority. The Borough                 Manager, as the personnel officer of the Borough, shall have full charge of all matters pertaining to personnel administration,                 including serving as hearing officer and/or appointing an independent hearing officer to hear disciplinary charges filed pursuant                 to N.J.S.A. 40A:14-147.

 

                § 26-7  Rules and Regulations.

                The Borough Manager shall, from time to time as may be necessary, adopt and amend the rules and regulations for the                 government and discipline of the Police Department and employees thereof. Said rules and regulations may fix and provide for                 the enforcement of such rules and regulations and the enforcement of penalties for the violation of such rules and regulations.                 All employees of the Police Department shall be subject to such rules and regulations and penalties.

 

                § 26-8      Chief of Police; powers and duties.

                The Chief of Police shall be appointed by the Borough Manager and confirmed by the Council and, prior to his/her appointment, shall be qualified through training and experience in police administration. The Chief of Police shall be the head     of the Department of Police and shall be directly responsible to the Borough Manager for the Department’s efficiency and day-  to-day operations. The Chief of Police shall:

 

 

 

 

 

 

 

AUGUST 27, 2012

Regular Minutes

Page Three

 

A.             Develop, administer and recommend to the Borough Manager and enforce rules and regulations for the governance of the Department of Police and issue directives for the disposition and discipline of the Department personnel.

B.             Exercise and discharge the powers and duties of the Department.

C.            Prescribe the duties and assignments of all subordinates and other personnel.

D.            Delegate such authority as may be necessary for the efficient operation of the Department, the exercise of which will be under his direction and supervision.

E.             Report at least monthly to the Borough Manager regarding the operation of the Department during the preceding month and make such other reports as may be requested by the Borough Manager.

 

                § 26-9      Special Law Enforcement Officers.

                The Borough Manager may appoint from time to time special law enforcement officers in accordance with New Jersey statues                 for terms not exceeding one year. Such appointees shall possess and exercise all the powers and duties provided by said                 statutes during their term in office but shall not be continued as regular members of the Department of Police. The Chief of                 Police may authorize special law enforcement officers, when on duty, to exercise the same powers and authority as regular                 officers of the Department of Police, including the carrying of firearms and the power of arrest, except as specifically set forth                 in N.J.S.A. 40A:14-146.14 and 40A:14-146.15. Special law enforcement officers shall not be utilized to supplant regular Police                 Officers on Borough assigned extra-duty assignments. Special law enforcement officers are subject to the Borough of                 Mountain Lakes Police Department’s Written Directive System, where applicable.

 

                § 26-10  Suspension and Removal of Officers and Members.

A.             No permanent member or officer of the Department of Police shall be removed from his officer, employment or position for any cause other than incapacity, misconduct or disobedience of the rules and regulations established for the governance of the Department of Police, nor shall such member or officer be suspended, reduced in rank, removed or fired from or in office, employment or position except for just cause as hereinbefore provided and then only upon a written complaint setting forth the charge or charges against such member or officer. Said complaint shall be filed with the Chief of Police, or with the Borough Manager in the event that the charge is against the Chief of Police, wherein the complaint is made and a copy shall be served upon the member of officer so charged, with notice of a designated hearing date thereon, which shall not be less than 10 nor more than 30 days from the date of the service of the complaint. If either party requests an adjournment, the statutory time period for holding a hearing is hereby waived. The charged party shall notify the Chief of Police, or his designee, in writing if the charged party requests a public hearing on the disciplinary matter.

 

B.             In all disciplinary matters, the Borough Manager shall serve as hearing officer and shall have the power and authority to dispose of the charges against the accused. In accordance with N.J.S.A. 40A14-118, the Borough Manager is designated as the appropriate authority and shall possess the right to appoint an independent hearing officer to hear disciplinary charges filed pursuant to N.J.S.A. 40A:14-147.

 

C.            Hearing procedures.

1)     The Borough Manager, as hearing officer, shall have the power to subpoena witnesses and may have the benefit of the advice of the Borough Attorney at the hearing. The Borough Manager may appoint special counsel to prosecute charges and present evidence on behalf of the Borough. All parties shall attend a hearing unless excused by the Borough Manager. Every party to a hearing shall be entitled to present his case and be represented by legal counsel; request a subpoena of witnesses to: testify or produce pertinent documentary evidence; cross-examine witnesses or participants at a hearing and any other persons who may have investigated any matter involved in the hearing; and impeach any witness and present any affidavit, exhibits or other evidence at said hearing, but which shall not be binding.

2)     The New Jersey Rules of Evidence shall apply as a general guideline for the orderly presentation of evidence at said hearing but shall not be binding.

3)     The hearing officer shall render a written decision as soon as possible after the conclusion of the hearing and without undue delay shall provide for a true copy of the decision to be served upon each party to the hearing.

 

                § 26-11  School Crossing Guards.

                Pursuant to N.J.S.A. 40A:9-154.1 et. Seq., the Chief of Police may, from time to time, appoint as school crossing guards such                 persons as he shall deem to be qualified for such position. The powers and duties of school crossing guards shall be limited to                 the protection of children while on public thoroughfares in the Borough of Mountain Lakes in connection with the attendance of                 such children at the several schools in said Borough and to the direction and regulation of pedestrian and vehicular traffic at                 the various street intersections and crossings where they may be stationed. While on active duty, school crossing guards shall                 be under the jurisdiction of and subject to the order of the officers of the Mountain Lakes Police Department.

 

                § 26-12  Appointment, Promotion and Credit for Military Service.

A.             Appointment. No person shall be appointed to the Department of Police who is not qualified as provided by the laws of the State of New Jersey. Applicants seeking employment to the Department of Police shall either possess a bachelor’s degree from an accredited college or university in a police science or law enforcement curriculum or must be awarded said degree prior to completion of their probationary employment period with the Department of Police. The Borough Manager may approve the hiring of an individual who has a bachelor’s degree in  another curriculum, provided that is has a direct benefit to the Borough and Department of Police, or extend the deadline for being awarded said degree beyond completion of the probationary employment period. Applicants seeking appointment to the Department of Police shall successfully complete both a physical and psychological examination which shall be conducted in accordance with all applicable laws and administrative regulations of the State of New Jersey.

AUGUST 27, 2012

Regular Minutes

      Page Four

 

 

B.             Promotion

I)              All officers who meet the following requirements shall be eligible for promotion to the positions of Sergeant and Lieutenant:

a.     Requirements for promotion to Sergeant:

i.              Five years’ experience as a patrol officer.

ii.             Successful completion of a first-line supervisor training program.

iii.            Effective January 1, 2001, 30 credit hours in a college curriculum approved by the Borough Manager.

iv.            Effective January 1, 2003, an associate’s degree, or an equivalent number of credits, in a college curriculum approved by the Borough Manager

v.             Effective January 1, 2007, a bachelor’s degree in a college curriculum approved by the Borough Manager.

vi.            Between the effective date of this subsection and January 1, 2001, to be eligible for promotion, an officer must be enrolled in a college curriculum approved by the Borough Manager and be on a schedule consistent with meeting the effective dates set forth in Subsection B 1)a i. through v. above.

b.     Requirement for promotion to Lieutenant:

i.              Successful completion of a recognized supervisory/management program.

ii.             Effective January 1, 2001, 30 credit hours in a college curriculum approved by the Borough Manager.

iii.            Effective January 1, 2003, as associate’s degree, or an equivalent number of credits, in a college curriculum approved by the Borough Manager.

iv.            Effective January 1, 2007, a bachelor’s degree in a college curriculum approved by the Borough Manager.

v.             Between the effective date of this subsection and January 1, 2001, to be eligible for promotion, an officer must be enrolled in a college curriculum approved by the Borough Manager and be on a schedule consistent with meeting the effective dates set forth in Subsection B 1)b i. through iv. Above.

                2)            No officer of the Department of Police shall be eligible for promotion to the position of Chief of Police unless that                                    officer has met the following requirements:

                                a.             Ten years’ experience as a police officer.

                                b.             Effective January 1, 2001, 30 credit hours in a college curriculum approved by the Borough Manager.

                                c.             Effective January 1, 2003, as associate’s degree, or an equivalent number of credits, in a college curriculum                                                                 approved by the Borough Manager.

                                d.             Effective January 1, 2007, a bachelor’s degree in a college curriculum approved by the Borough Manager.

                                e.             Effective January 1, 2009, a master’s degree in a curriculum approved by the Borough Manager in an                                                        accredited college or university will be preferred but not required.

                                f.              Between the effective date of this subsection and January 1, 2001, to be eligible for promotion, an officer                                                 must be enrolled in a college curriculum approved by the Borough Manager and be on a schedule consistent                                                 with meeting the effective dates set forth in Subsection B 2)b. through f. above.

 

C.            Credit for military service.

1)     The Borough will accept those credits given by a college or university towards a degree requirement for military service time.

2)     The Borough will accept only those credits earned through an accredited college or university in satisfaction of the aforementioned appointment and promotional requirement. “Accredited,” as used herein, shall mean those colleges and universities that have received an accredited designation from a regional accreditation association (e.g. Middle States Commission on Higher Education).

 

D.            The aforementioned appointment and promotion requirements shall supersede any previous requirements established and utilized by the Borough.

 

E.             The Borough Manager shall be responsible for establishing criteria and requirements for promotions within the Department of Police, including but not limited to oral and written examinations, psychological examinations, evaluation criteria, testing procedures and curriculum schedules.

 

                § 26-13  Extra Duty Assignments.

 

A.             Members of the Department of Police and special police officers shall be permitted to accept extra duty assignments as safety or security personnel for private entities and school districts under the following terms and conditions:

 

1)     Such extra duty shall be at such times as will not interfere with the efficient performance of regularly scheduled or emergency duty for the Borough and shall in no event be performed during a regular duty shift.

2)     Private entities and school districts shall pay to the Borough such hourly sum as may be fixed from time to time by Borough Council resolution as compensation for such service. The Borough shall remit to the police officer performing the duty such portion of the hourly rate as is not required for administrative expense, all as fixed by resolution of the Borough Council.

3)     Before accepting any such extra duty assignment, a member of the Department of Police or special police officer shall obtain the approval of the Chief of Police, which shall be granted if, in the opinion of the Chief, the assignment would not be inconsistent with the efficient functioning and good reputation of the Department.

 

 

 

AUGUST 27, 2012

Regular Minutes

Page Five

 

B.             The Chief of Police and the Borough Treasurer shall establish and implement such administrative procedures as are necessary and desirable in dealing with private entities and school districts, as hereinabove set forth.

 

                Section 2.             Chapter 26, “Departments,” Article III, entitled “Volunteer Fire Department,” Sections 26-11 through 26-22, are hereby amended to be re-codified as Sections 26-14 through 26-26.

 

                Section 3.             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 4.             All Ordinances or parts of Ordinances, which are inconsistent herewith are hereby repealed to the extent of                 such inconsistency.

 

                Section 5.             This Ordinance shall take effect immediately after final passage and publication in the manner provided by                 law.                                            

 

      Following introduction, the above Ordinance will be published in accordance with the law and a public     

      hearing will be held on September 10, 2012.

 

      Mr. Tovo explained that this Ordinance is being amended as a result of the Department’s need to maintain             compliance with the “Best Practices” standards mandated by the State of New Jersey and with accreditation             standards, as the Department is in the process of being accredited.

 

      Regarding Section 26-4, “Composition”, Mr. Tovo said that an Ordinance creating a Police Department must be             specific regarding the number of officers who may make up the Department. The current Ordinance is not             specific. The Governing Body is not required to hire the number of officers specified, in this case twenty (20), but             defining a structured force is important to legitimizing promotions and also allows the Department the flexibility to             utilize Special Police officers when the need arises.

 

      Councilman Jackson requested the Ordinance reflect the term “police officer” throughout, instead of a mix of             “patrol officer” and “police officer”. In addition, he asked Mr. Tovo if Section 26-12 B 1)b, “requirement for             promotion to Lieutenant”, should also contain the phrase “five years’ experience as a police officer”, in order to be             consistent. Mr. Tovo said yes.

 

      Councilman McWilliams made a motion to move the Ordinance including the minor changes suggested by             Councilman Jackson.

 

Council Member

By:

2nd

Yes

No

Abstain

Absent

By

2nd

Yes

No

Abstain

Absent

McWilliams

X

 

X

 

 

 

 

 

 

 

 

 

Holmberg

 

X

X

 

 

 

 

 

 

 

 

 

Jackson

 

 

X

 

 

 

 

 

 

 

 

 

Bravo

 

 

 

 

 

X

 

 

 

 

 

 

Shaw

 

 

X

 

 

 

 

 

 

 

 

 

Happer

 

 

 

 

 

X

 

 

 

 

 

 

Gormally

 

 

X

 

 

 

 

 

 

 

 

 



     

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Mayor Gormally noted that, in the future, the Council would appreciate receiving “red-lined” copies of Ordinances       so the changes were easily identified.

 

 

AUGUST 27, 2012

Regular Minutes

Page Six

 

 

8.   ORDINANCE 15-12

 

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

 

                BE IT ORDAINED by the Borough Council of the Borough of Mountain Lakes, in the County of Morris and State of New                 Jersey, as follows:

               

                Section 1.             Chapter 111 of the Revised General Ordinances of the Borough of Mountain Lakes,

                                § 111-3 entitled "Fee schedules", Subsection A. entitled "Borough Clerk", subparagraph (8), shall be amended to                                     read in its entirety as follows:

 

                                (8)           Raffle License.

                                The fee for a raffle license shall be the maximum fee authorized by the State of New Jersey.

 

                Section 2.             Chapter 111 of the Revised General Ordinances of the Borough of Mountain Lakes, § 111-3 entitled "Fee                 schedules", Subsection D. entitled "Alcoholic Beverages", shall be amended to read in its entirety as follows:

 

                                D.  Alcoholic beverages.                                                                    Fee                         Code Reference

                                                                                                                                                                                     § 71-3D

                                Club license                                                                                         $  188.00

                                Plenary retail consumption license                                                 $2,500.00

                                Plenary retail distribution license                                                     $1,790.00

 

                                Liquor permit (one day)                                                                                                          § 71-3D           

                                                Civic, religious or educational organization                   $    50.00              

                                                All other organizations                                                       $    75.00

 

                Section 3.             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 4.             All Ordinances or parts of Ordinances, which are inconsistent herewith are hereby repealed to the extent of                                                                 such inconsistency.

 

        Section 5.             This Ordinance shall take effect immediately after final passage and publication in                                                                                   the manner provided by law.        

 

  

Following introduction, the above Ordinance will be published in accordance with the law and a public           

hearing will be held on September 10, 2012.

 

Council Member

By:

2nd

Yes

No

Abstain

Absent

By

2nd

Yes

No

Abstain

Absent

McWilliams

 

X

X

 

 

 

 

 

 

 

 

 

Holmberg

 

 

X

 

 

 

 

 

 

 

 

 

Jackson

 

 

X

 

 

 

 

 

 

 

 

 

Bravo

 

 

 

 

 

X

 

 

 

 

 

 

Shaw

X

 

X

 

 

 

 

 

 

 

 

 

Happer

 

 

 

 

 

X

 

 

 

 

 

 

Gormally

 

 

X

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

AUGUST 27, 2012

Regular Minutes

Page Seven

 

9.   ORDINANCE 16-12

      ORDINANCE AMENDING CHAPTER 177 OF THE REVISED GENERAL ORDINANCES OF THE   BOROUGH OF MOUNTAIN LAKES AND LIMITING DOOR TO DOOR SOLICITATION TO CHARITABLE ORGANIZATIONS

 

                BE IT ORDAINED by the Borough Council of the Borough of Mountain Lakes, in the County of Morris and State of New                 Jersey, as follows:

 

                Section 1.             Chapter 177, Solicitation and Peddling”, Section 177-2, of the Revised General Ordinances of the Borough                                                                 of Mountain Lakes, entitled “License Required”, shall be amended to read in its entirety as follows:

                                177-2 License Required

                                No person shall act as or engage in the business of peddler or solicitor within the              Borough without having                                                     first obtained a license, as provided herein, and except in compliance with all other terms and provisions                                                   of this article.  Door to door solicitation shall be permitted only by charitable solicitors which are defined                                                      as those exempt from the payment of Federal Income Tax pursuant to Sections 501(c)(3) of the Internal                                                     Revenue Code of the United States of America.

                Section 2.             Chapter 177, Solicitation and Peddling”,  Section 177-3, of the Revised General Ordinances of the                                                                               Borough of Mountain Lakes,  entitled “Application” , shall be amended to include the following additional                                                              subsection  which shall read in its entirety as follows:

 

                        k.             If the application is for door to door solicitation the applicant shall provide proof of a current                                                                    exemption from the payment of Federal Income Tax pursuant to Sections 501(c)(3) of the Internal                                                                        Revenue Code of the United States of America.

 

                Section 3.             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 4.             All Ordinances or parts of Ordinances, which are inconsistent herewith are hereby repealed to the extent of                                                                 such inconsistency.

 

        Section 5.             This Ordinance shall take effect immediately after final passage and publication in the manner provided by                                                                 law.      

 

 

      Following introduction, the above Ordinance will be published in accordance with the law and a public     

      hearing will be held on September 10, 2012.

Council Member

By:

2nd

Yes

No

Abstain

Absent

By

2nd

Yes

No

Abstain

Absent

McWilliams

 

 

X

 

 

 

 

 

 

 

 

 

Holmberg

X

 

X

 

 

 

 

 

 

 

 

 

Jackson

 

 

X

 

 

 

 

 

 

 

 

 

Bravo

 

 

 

 

 

X

 

 

 

 

 

 

Shaw

 

 

X

 

 

 

 

 

 

 

 

 

Happer

 

 

 

 

 

X

 

 

 

 

 

 

Gormally

 

X

X

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

AUGUST 27, 2012

Regular Minutes

Page Eight

 

10.  ORDINANCE 17-12

 

      BOND ORDINANCE APPROPRIATING $911,425.00 AND AUTHORIZING THE ISSUANCE OF $699,875.00       BONDS OR NOTES OF THE BOROUGH, FOR VARIOUS IMPROVEMENTS OR PURPOSES AUTHORIZED         TO BE UNDERTAKEN BY THE BOROUGH OF MOUNTAIN LAKES, IN THE COUNTY OF MORRIS, STATE         OF NEW JERSEY.

 

                BE IT ORDAINED by the Borough Council of the Borough of Mountain Lakes, in the County of Morris, State of New Jersey,   (not less than two-thirds of all the members thereof affirmatively concurring), as follows:

                Section 1.             The several improvements described in Section 3 of this bond ordinance are hereby respectively authorized                 as general improvements to be made or acquired by the Borough of Mountain Lakes, New Jersey.  For the said several                 improvements or purposes stated in said Section 3, there are hereby appropriated the respective sums of money therein                 stated as the appropriations made for said improvements or purposes, said sum being inclusive of all appropriations                 heretofore made therefor and amounting in the aggregate to $911,425 including the aggregate sum of $36,550 as the several                 down payments for said improvements or purposes required by law and more particularly described in said Section 3 and now                 available therefor by virtue of provision in a previously adopted budget or budgets of the Borough for down payment or for                 capital improvement purposes and including also, in the case of the improvement or purpose described in paragraph (d) of                 said Section 3, the sum of $175,000 received or expected to be received from the New Jersey Department of Transportation                 as a grant-in-aid of financing said improvement or purpose.

                Section 2.             For the financing of said improvements or purposes and to meet the part of said $911,425 appropriations not                 provided for by application hereunder of said down payments and grant, negotiable bonds of the Borough are hereby                 authorized to be issued in the principal amount of $699,875 pursuant to the Local Bond Law of New Jersey. In anticipation of                 the issuance of said bonds and to temporarily finance said improvements or purposes, negotiable notes of the Borough in a                 principal amount not exceeding $699,875 are hereby authorized to be issued pursuant to and within the limitations prescribed                 by said Local Bond Law.

                Section 3.             The improvements hereby authorized and the several purposes for the financing of which said obligations                 are to be issued, the appropriation made for and estimated cost of each such purpose, and the estimated maximum amount of                 bonds or notes to be issued for each such purpose, are respectively as follows:

IMPROVEMENT OR PURPOSE

APPROPRIATION
AND ESTIMATED COST

ESTIMATED MAXIMUM AMOUNT OF BONDS AND NOTES

(a) Acquisition by purchase of new and additional equipment, including video equipment and defibrillators for use by the Police Department of the Borough, a portable generator, ice rescue equipment, fire hose and gear for use by the Volunteer Fire Department of the Borough, and a storage loft, a utility component locator, a work row boat, a welding unit and a dump truck body for use by the Department of Public Works of the Borough, together with all appurtenances, attachments and accessories necessary therefor or incidental thereto, all as shown on and in accordance with the specifications therefor on file or to be filed in the office of the Borough Clerk and hereby approved

$93,425

$88,825

(b) Improvement of municipally-owned properties and facilities in and by the Borough, including Borough Hall by the renovation of the roof and the waterproofing thereof, the Storage Building located on Tower Hill Road by the renovation thereof, the tennis courts by the upgrade of the lighting poles, Kaufmann Park by the renovation of the wall, Island Beach and Birchwood Beach by the upgrade of the picnic areas, Birchwood Beach by the upgrade of the flagpole and various trails and the esplanade by the upgrade thereof, together with for all the aforesaid all equipment, structures, site work, work and materials necessary therefor or incidental thereto, all as shown on and in accordance with the plans and specifications therefor on file or to be filed in the office of the Borough Clerk and hereby approved

AUGUST 27, 2012

Regular Minutes

Page Nine

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

202,000

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

192,000

(c) Acquisition by purchase and installation, as necessary, of new and additional computer equipment for use by the Administration Office of the Borough, together with all appurtenances, attachments and accessories necessary therefor or incidental thereto, all as shown on and in accordance with the specifications therefor on file or to be filed in the office of the Borough Clerk and hereby approved

15,000

14,250

 (d) Improvement of various roads and locations in and by the Borough by the reconstruction and resurfacing thereof to provide roadway pavements at least equal in useful life or durability to a roadway pavement of Class B construction (as such term is used or referred to in Section 40A:2-22 of said Local Bond Law), including without limitation Briarcliff Road and Powerville Road, together with all structures, drainage improvements, equipment, site work, work and materials necessary therefor or incidental thereto, all as shown on and in accordance with the plans and  specifications therefor on file or to be filed in the office of the Borough Clerk and hereby approved, the $285,000 hereby appropriated therefor being inclusive of the sum of $175,000 received or expected to be received by the Borough from the New Jersey Department of Transportation as a grant-in-aid of financing said improvement or purpose

 

285,000

104,500

(e) Construction or reconstruction of curbs and sidewalks in and along various streets and locations in and by the Borough, together with all structures, road resurfacing, equipment, site work, work and materials necessary therefor or incidental thereto, all as shown on and in accordance with the plans and specifications therefor on file or to be filed in the office of the Borough Clerk and hereby approved

110,000

104,500

(f) Improvement of the storm water drainage system in and by the Borough, including the reconstruction of drainage facilities and catch basins in and along portions of various roads and locations, together with all structures, road resurfacing, equipment, site work, work and materials necessary therefor or incidental thereto, all as shown on and in accordance with the plans and specifications therefor on file or to be filed in the office of the Borough Clerk and hereby approved

65,000

61,800

 (g) Improvement of the water supply and distribution system in and by the Borough, including the upgrade of well #4, the installation and upgrade of fire hydrants, the rehabilitation of distribution valves and the upgrade of the water tank shed, together with all structures, equipment, site work, work and materials necessary therefor or incidental thereto, all as shown on and in accordance with the plans and specifications therefor on file or to be filed in the office of the Borough Clerk and hereby approved

 

141,000

 

134,000

                Totals

$911,425

$699,875

AUGUST 27, 2012

Regular Minutes

Page Ten

 

 

 

                Except as otherwise stated in paragraph (d) above with respect to the said $175,000 grant-in-aid of financing the improvement                 or purpose described in said paragraph, the excess of the appropriation made for each of the improvements or purposes                 aforesaid over the estimated maximum amount of bonds or notes to be issued therefor, as above stated, is the amount of the                 said down payment for said purpose.

 

                Section 4.             The following additional matters are hereby determined, declared, recited and stated:

                                                (a)The said purposes described in Section 3 of this bond ordinance are not current expenses and each is a                                                                 property or improvement which the Borough may lawfully acquire or make as a general improvement, and                                                         no part of the cost thereof has been or shall be specially assessed on property specially benefited thereby.

                                                (b)The average period of usefulness of said purposes within the limitations of said Local Bond Law and                                                     taking into consideration the respective amounts of the said obligations authorized for the several purposes,                                                                 according to the reasonable life thereof computed from the date of the said bonds authorized by this bond                                                       ordinance, is 20.22 years.

                                                (c)The supplemental debt statement required by said Local Bond Law has been duly made and filed in the                                                                 office of the Borough Clerk and a complete executed duplicate thereof has been filed in the office of the                                                          Director of the Division of Local Government Services in the Department of Community Affairs of the State                                                       of New Jersey, and such statement shows that the gross debt of the Borough as defined in said Local Bond                                                      Law is increased by the authorization of the bonds and notes provided for in this bond ordinance by                                                                 $699,875, and the said obligations authorized by this bond ordinance will be within all debt limitations                                                                 prescribed by said Local Bond Law.

                                                (d)Amounts not exceeding $70,000 in the aggregate for interest on said obligations, costs of issuing said                                                   obligations, engineering costs and other items of expense listed in and permitted under Section 40A:2-20 of                                                                 said Local Bond Law may be included as part of the costs of said improvements and are included in the                                                          foregoing estimate thereof.

            Section 5.          The funds from time to time received by the Borough on account of the $175,000 grant referred to in Section                 1 of this bond ordinance shall be used for financing the improvement or purpose described in Section 3(d) of this bond                 ordinance by application thereof either to direct payment of the cost of said improvement or purpose, or to payment or                 reduction of the authorization of the obligations of the Borough authorized by this bond ordinance.  Any such funds so received                 may, and all such funds so received which are not required for direct payment of such costs shall, be held and applied by the                 Borough as funds applicable only to the payment of obligations of the Borough authorized by this bond ordinance.

                Section 6.             All bond anticipation notes issued hereunder shall mature at such times as may be determined by the Chief                 Financial Officer, provided that no note shall mature later than one year from its date.  The notes shall bear interest at such   rate or rates and be in such form as may be determined by the Chief Financial Officer.  The Chief Financial Officer shall               determine all matters in connection with the notes issued pursuant to this bond ordinance, and the Chief Financial Officer’s           signature upon the notes shall be conclusive evidence as to all such determinations.  All notes issued hereunder may be         renewed from time to time subject to the provisions of N.J.S.A. §40A:2-8.  The Chief Financial Officer is hereby authorized to                sell part or all of the notes from time to time at public or private sale and to deliver them to the purchasers thereof upon receipt      of payment of the purchase price plus accrued interest from their dates to the dates of delivery thereof.  The Chief Financial       Officer is directed to report in writing to the governing body of the Borough at the meeting next succeeding the date when any            sale or delivery of the notes pursuant to this bond ordinance is made.  Such report must include the principal amount, interest        rate and maturities of the notes sold, the price obtained and the name of the purchaser.

                Section 7.             The full faith and credit of the Borough are hereby pledged to the punctual payment of the principal of and                 interest on the said obligations authorized by this bond ordinance.  Said obligations shall be direct, unlimited obligations of the                 Borough, and the Borough shall be obligated to levy ad valorem taxes upon all the taxable property within the Borough for the                 payment of said obligations and interest thereon without limitation of rate or amount.

                Section 8.             The capital budget or temporary capital budget of the Borough is hereby amended to conform with the                 provisions of this ordinance to the extent of any inconsistency herewith and the resolutions promulgated by the Local Finance                 Board showing all detail of the amended capital budget or temporary capital budget and capital program as approved by the                 Director, Division of Local Government Services, are on file with the Borough Clerk and are available for public inspection.

                Section 9.             This bond ordinance shall take effect twenty (20) days after the first publication thereof after final adoption,                 as provided by said Local Bond Law.

 

     

 

 

AUGUST 27, 2012

Regular Minutes

Page Eleven

 

 

      Following introduction, the above Ordinance will be published in accordance with the law and a public     

      hearing will be held on September 10, 2012.

 

      Councilman Jackson asked that the terms in “Improvement or Purpose (b)” be changed to Island Beach   and             Birchwood Beach. He then made a motion to move the Ordinance including those minor changes.

Council Member

By:

2nd

Yes

No

Abstain

Absent

By

2nd

Yes

No

Abstain

Absent

McWilliams

 

 

X

 

 

 

 

 

 

 

 

 

Holmberg

 

X

X

 

 

 

 

 

 

 

 

 

Jackson

X

 

X

 

 

 

 

 

 

 

 

 

Bravo

 

 

 

 

 

X

 

 

 

 

 

 

Shaw

 

 

X

 

 

 

 

 

 

 

 

 

Happer

 

 

 

 

 

X

 

 

 

 

 

 

Gormally

 

 

X

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

11. *RESOLUTIONS    

R107-12            Fireman’s Application - LaReau

R108-12            Annual Audit Certification

R109-12            Municipal Excess Liability Joint Insurance Fund (MEL) Audit Control Resolution

R110-12            Interest Calculation for Third Quarter 2012 Taxes

R111-12            Capital Budget Amendment Resolution

R112-12            Payment of Bills

 

12.*MINUTES

     July 23, 2012 (Executive)

     July 23, 2012 (Regular)

 

13.  *DEPARTMENT REPORTS

     Construction Official

     Department of Public Works

     Fire Department

     Health Officer

     Police Department

 

Prior to the roll call vote, Mayor Gormally asked to carry Resolution 108-12, the Annual Audit Certification, to the next meeting. Additionally, Resolution 111-12, Capital Budget Amendment Resolution, was pulled. Minor changes to the minutes were presented. Councilman Shaw asked to have recorded in the minutes that he recused himself from the Planning Board/Zoning Board vote on Resolution 104-12, Salary Resolution. Mayor Gormally also asked that the minutes reflect that the list of redacted Executive Minutes was reviewed and approved.

 

In response to questions regarding Recreation items appearing on the bills list, Mayor Gormally said that Recreation Director Celia Flynn would be presenting a “State of the Recreation Department” synopsis at an upcoming meeting. He also said Ms. Flynn is working closely with the Finance Department to get Recreation expenses categorized more appropriately in order to give the Recreation Commission and the Borough Council a better idea of expenses, for example, the cost of running the beaches for the summer.

 

 

 

 

 

 

 

AUGUST 27, 2012

Regular Minutes

Page Twelve

 

Consent Agenda

 

Council Member

By:

2nd:

Yes

No

Abstain

Absent

McWilliams

 

X

X

 

 

 

Holmberg

 

 

X

 

 

 

Jackson

 

 

X

 

 

 

Bravo

 

 

 

 

 

X

Shaw

X

 

X

 

 

 

Happer

 

 

 

 

 

X

Gormally

 

 

X

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Resolution 111-12, Capital Budget Amendment Resolution

 

Mr. Tovo explained that the amendment was necessary since the original Capital Budget did not include the $175,000 grant from the State. The budget total remains the same.

 

 

Council Member

By:

2nd:

Yes

No

Abstain

Absent

McWilliams

 

 

X

 

 

 

Holmberg

X

 

X

 

 

 

Jackson

 

 

X

 

 

 

Bravo

 

 

 

 

 

X

Shaw

 

X

X

 

 

 

Happer

 

 

 

 

 

X

Gormally

 

 

X

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

14.      ATTORNEY REPORT

 

    Mr. Murphy had nothing to report but he thanked the Council for the concern shown to his family after the recent loss of his wife, Serene.

 

15.     MANAGER REPORT

 

Mr. Tovo asked the Council if the budget trial balance reports that he provided in the packet were sufficient for Council review on a quarterly basis. He said Borough department heads will be given these reports on a monthly basis. Councilman Jackson suggested Mr. Tovo add water and sewer utilities. The rest of the Council concurred and expressed approval for the reports.

 

Mr. Tovo said the permits required to allow the Borough to lower Mountain and Wildwood Lakes had been applied for as of August 1, 2012. This year, 2012, is a major drawdown year, so the Borough will require State approval. Mr. Tovo said the Borough will also be repairing the Wildwood spillway.

 

 

 

 

AUGUST 27, 2012

Regular Minutes

Page Thirteen

 

 

 

Mr. Tovo reported that September 22nd is the date set for the walk-through of the King of Kings property with the Morris County Open Space Committee. The final grant hearing has been set for October 25th at 7:00 p.m.

 

The Police Department has completed its mock accreditation assessment and performed very well. The final on-site inspection is set for the second week of November.

 

Mr. Tovo said the Lakes Management Committee recommended that some of the money budgeted for hydroraking be spent instead on cleaning the canal. Mr. Tovo said he supported that recommendation, and is researching grant possibilities. In addition, he said the Committee had discussed and expressed concern over the presence of dogs on the beaches.

 

16.             COUNCIL REPORTS

 

Solid Waste Committee – Councilman McWilliams reported five or six vendors had asked for copies of the RFP specifications. The Request for Proposals will be opened on October 3rd.

 

Councilman Shaw mentioned that will attend the Morris County Open Space Committee meeting in September, and that he hoped to schedule Shared Services and Personnel Committee meetings soon.

 

Historic Preservation Committee – Councilman Holmberg said that the Committee was very excited about the passage of the Bulk Incentives Ordinance. Mayor Gormally told the Council that there is the potential for variance activity with the new Ordinance. He said the variance standard is available to applicants with any land use Ordinance. Borough Attorneys are reviewing the variance issue and how it would apply.

 

17.            PUBLIC COMMENT

 

Mayor Gormally opened the second public comment portion of the meeting with the consent of the Council.

With no one wishing to be heard, Mayor Gormally closed the public comment portion of the meeting.

18.            ADJOURNMENT at 9:28 p.m.

 

Motion made by Councilman Shaw, second by Councilman Holmberg, to adjourn the meeting at 9:28 p.m., with all members in favor signifying by “Aye”.

*Consent agenda

 

Attest: August 27, 2012

 

 

 

________________________________       _______________________________ 

Michele Reilly, RMC, Deputy Clerk                     Charles X. Gormally, Mayor