BOROUGH OF MOUNTAIN LAKES
BOROUGH HALL, 400 BOULEVARD, MOUNTAIN LAKES
973-334-3131
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 |
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2nd |
Yes |
No |
Abstain |
Absent |
McWilliams |
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Holmberg |
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Jackson |
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Bravo |
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Shaw |
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Happer |
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Gormally |
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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 |
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2nd |
Yes |
No |
Abstain |
Absent |
McWilliams |
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Holmberg |
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Jackson |
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Bravo |
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Shaw |
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Happer |
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Gormally |
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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 |
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Holmberg |
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Jackson |
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Bravo |
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Shaw |
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Happer |
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Gormally |
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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:
IMPROVEMENT OR PURPOSE |
APPROPRIATION |
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
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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
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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:
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 |
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X |
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Holmberg |
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X |
X |
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Jackson |
X |
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Bravo |
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Shaw |
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Happer |
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Gormally |
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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