BOROUGH OF MOUNTAIN LAKES COUNCIL MEETING

MONDAY, MARCH 12, 2007

8:00 P.M.

 

M I N U T E S

 

 

  1.  CALL TO ORDER; OPENING STATEMENT:  This meeting is being held in          

       compliance with Public Law 1975, Chapter 231, Sections 4 and 13, as notice of

       this meeting and the agenda thereof had been reported to The Citizen and the

       Morris County Daily Record on January 3, 2007 and posted in the municipal

       building.

 

Mayor Jackson called the meeting to order at 8:00 p.m.

 

 2.  ATTENDANCE AND FLAG SALUTE

 All Council members were present except for Councilman Gormally and

 Councilwoman Wilson.         

 Also in attendance were Borough Manager Gary Webb, Borough Attorney

Marty Murphy and Borough Clerk Christina Whitaker.

 

Councilman Gormally arrived.

 

3. COMMUNITY ANNOUNCEMENTS

Councilman Shaw announced that the Mountain Lakes boys’ swim team won all three swim relays at the State Meet of Championships for the third consecutive year. This is a first for any New Jersey school.

 

4.   PUBLIC COMMENT

Mayor Jackson explained the Council’s policy of limiting each speaker to 5 minutes and no

yielding of time to another person.

 

 Mayor Jackson read the following statement before opening the public comment portion of 

 the meeting:

 

“Mr. Kanter has served a written notice of his intent to make a tort claim against the Borough of 

 Mountain Lakes claiming that the Borough, its employees, and elected officials are engaged in

 conduct that he alleges is harassing.  On the advice of counsel any questions directed to us at 

 this meeting by Mr. Kanter will be reviewed by our legal counsel; and if appropriate, will be

 responded to in writing. It is our considered judgment this procedure will minimize disruption

 and protect the interest of the public.”

 

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

 

Councilwoman Wilson arrived.

 

Mountain Lakes’ police officer Shawn Bennett told the Council that fiscal responsibility did not necessarily include cutting a police officer. He referred to past years when police overtime was high due to an insufficient number of police on the force.  He said that although the Department’s officers have been willing to help keep overtime low, while down a man, they should not be expected to make personal and economic sacrifices indefinitely.  

 

 

 

 

 

Kay Robinson – 6 Cove Place

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.

 

Jud Breslin - 44 Lake Drive

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 - 22 Bellvale Road

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 - 19 Maple Way

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 - 7 Robinhood Drive

She told the Council that reducing the Police Department by one officer would be doing the residents a disservice.

 

Steve Holt - 34 Crestview Road

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 – 76 Intervale Road

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 -  6 Lakewood Drive

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 - 50 Lookout Road 

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 - 11 Yorke Road

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 Mountain Lakes police. They are a motivated group of law officers and take their jobs seriously he said.   
 

Dede Conlan - 310 Morris Ave

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 MOUNTAIN LAKES ENTITLED "FEES"

  

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

     law.

 

    Mayor Jackson opened the Public Hearing.

          

    Dede Conlan – 325 Morris Ave

    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 New Jersey controls the maximum amount allowed for fees to be charged for dog licenses.  The Borough of Mountain Lakes charges a similar fee for cat licensing with a reduced fee for any animal that is spayed or neutered.

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:  February 27, 2007                                  Adopted: March 12, 2007

Council Member

By:

2nd

Yes

No

Abstain

Absent

By

2nd

Yes

No

Abstain

Absent

Gormally

 

 

X

 

 

 

 

 

X

 

 

 

Emr

 

 

X

 

 

 

 

 

X

 

 

 

Shaw

X

 

X

 

 

 

 

X

X

 

 

 

Davis

 

 

 

 

 

X

X

 

X

 

 

 

Wilson

 

X

X

 

 

 

 

 

X

 

 

 

Urankar

 

 

 

 

 

X

 

 

X

 

 

 

Jackson

 

 

X

 

 

 

 

 

X

 

 

 

 

 

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 Mountain Lakes because of the high cost of State, County and local taxes.

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 April 9, 2007.

 

7. RESOLUTIONS

    R50 -07 - Bill List

 

 8. *MINUTES

     February 27, 2007 – Regular

 

 9. *DEPARTMENT REPORTS

A.      Health Officer

B.     Public Health Nurse

C.     Fire

     

                                       

Council Member

By:

 

2nd:

Yes

No

Abstain

Absent

Gormally

 

X

X

 

 

 

Emr

 

 

X

 

 

 

Shaw

X

 

X

 

 

 

Davis

 

 

X

 

Minutes

 

Wilson

 

 

X

 

 

 

Urankar

 

 

X

 

 

 

Jackson

 

 

X

 

 

 

 

                     

 

         

         

 

 

 

 

 

 

 

    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 Borough Council of the Borough of Mountain Lakes, County of

Morris, State of New Jersey finds it necessary to discuss matters relating to,

 

·         Tax Appeal

 

WHEREAS, the Borough Council believes it to be in the best interest of the public to discuss such matters in closed session.

 

NOW, THEREFORE, BE IT RESOLVED by the Borough Council of the Borough of Mountain Lakes, that it shall enter Executive Session to discuss only those matters mentioned above; the results of which will be disclosed when the matters are resolved and upon vote of the Governing Body to release the minutes.

 

Dated:  March 12, 2007

 

_____________________                                          _____________________

Christina Whitaker, R.M.C.                                         George B. Jackson, Mayor

 

Motion made by Councilman Shaw, second by Councilman Gormally, to enter into

Executive Session at 10:57 p.m. with all Council members in favor signifying by “Aye”.

 

Motion by Deputy Mayor Davis, second by Councilman Shaw, to close the Executive Session and return to the public portion of the meeting at 11:11 p.m. with all members in favor signifying by “Aye.”

 

13. ADJOURNMENT

Motion by Councilman Shaw, second by Councilman Gormally, to adjourn the meeting at 11:13 p.m. with all members in favor signifying by “Aye.”

 

*Consent Agenda

          

Attest:

 

___________________________                            _____________________

Christina Whitaker, Borough Clerk                           George B. Jackson, Mayor

 

 

 

 

 

 

 

BOROUGH OF MOUNTAIN LAKES

MORRIS COUNTY, NEW JERSEY

 

 

ORDINANCE 04-07

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 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 Union License          $28.00

                                    ($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:  February 27, 2007                                           Adopted: March 12, 2007

Council Member

By:

2nd

Yes

No

Abstain

Absent

By

2nd

Yes

No

Abstain

Absent

Gormally

 

 

X

 

 

 

 

 

X

 

 

 

Emr

 

 

X

 

 

 

 

 

X

 

 

 

Shaw

X

 

X

 

 

 

 

X

X

 

 

 

Davis

 

 

 

 

 

X

X

 

X

 

 

 

Wilson

 

X

X

 

 

 

 

 

X

 

 

 

Urankar

 

 

 

 

 

X

 

 

X

 

 

 

Jackson

 

 

X

 

 

 

 

 

X

 

 

 

                                                           

                                                                                                                                                           

Christina Whitaker                                                                George Jackson, Mayor

Borough Clerk