BOROUGH OF MOUNTAIN LAKES COUNCIL MEETING
MONDAY, MARCH 9, 2009
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 6, 2009 and posted in the
municipal building.
Mayor Stephen Shaw called the meeting to order at 7:30 p.m.
2. ATTENDANCE
AND FLAG SALUTE:
All Council members were
present except for Councilman Jackson, who arrived at 7:31, Councilman
Gormally, who arrived at 7:32, and Councilwoman Wilson, who arrived at 8:40.
Also in attendance were Borough Attorney Marty Murphy, Borough Manager Joe
Tempesta, and Deputy Registrar Michele Reilly, filling in for Borough Clerk
Christina Whitaker.
3. EXECUTIVE
SESSION:
Resolution
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:
·
Police
– Ongoing Investigation / Potential Litigation
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.
Motion by Councilman Happer, second by Councilwoman Emr, to
enter into Executive Session, with all members in favor signifying by “Aye”.
Motion by Councilman McWilliams, second by Deputy Mayor
Gormally, to close the Executive Session and return to the public portion of
the meeting at 8:05 p.m., with all members in favor signifying by “Aye”.
4. COMMUNITY
ANNOUNCEMENTS:
Mayor
Shaw congratulated the men’s swim team, who won the championships for the fifth
year in a row.
Mayor
Shaw also recognized Mr. Angelo George, who is having a grand opening and
ribbon cutting on March 12th, for bringing a new business to Mountain Lakes.
5. PUBLIC COMMENT:
Mayor Shaw explained the Council’s policy
of limiting each speaker to five (5) minutes and
no yielding of time to another person.
Mayor
Shaw announced that tonight’s agenda would cover the budget and the Borough’s
capital expenses, in keeping with the Council’s goal of introducing the budget
at the March 23rd meeting.
Mayor Shaw opened the public
comment portion of the meeting with the consent of the Council.
Fred Kanter – Hanover Road
Mr. Kanter expressed his
displeasure with the signs in the Borough, the lack of a recent public auction,
and the funds spent on the architect for the Borough Hall, as well as the
former Borough Manager.
With no one else wishing to
be heard, Mayor Shaw closed the public comment portion of the meeting.
6. 2009
BUDGET:
Capital
Budget
Mayor
Shaw recognized Mr. Tim Vrabel, the Borough Auditor. Mr. Vrabel spoke about the
pros and cons of using capital surplus as well as the difficulties
municipalities face with the 4% tax levy cap. Mr. Tempesta brought up the
recent Finance Committee meeting, and its recommendation the Borough not
utilize 100% of the capital surplus but use half instead. Councilman Happer
said the Borough should consider applying the maximum 4% levy cap instead of
trying to stay under the cap, because of the revenue decline. Mr. Tempesta
agreed with Councilman Happer and also informed the Council that the Borough is
still waiting for the state aid to be announced. There was also a discussion
with Mr. Vrabel about asset inventories, particularly pertaining to the DPW.
Police
Mayor
Shaw recognized Chief Tovo, who spoke about the scheduled replacement of the
four wheel drive vehicle, which has been delayed for two years. He believes a
2009 Ford Expedition would be the most appropriate vehicle and less expensive
than what is projected in the budget. The Police are also committed to trading
in the existing four wheel drive vehicle, further lowering the cost.
Councilwoman Emr asked about the need for such a vehicle. Chief Tovo said the
reasons were; first, severe weather situations, second, it’s a utility vehicle
and stores equipment which cannot be contained in a regular patrol car, and
third, the current vehicle is seven years old and has not served the department
well. Councilwoman Emr asked about the mileage on the current vehicle and the
Chief told her 27,000 miles. Councilman Jackson questioned the quoted $4,000
trade-in value of the current vehicle. Chief Tovo said he was being
conservative with his estimate. Councilman McWilliams also pointed out that
police use drives down the trade-in value. Chief Tovo said age is as much a
factor as mileage when considering vehicles for replacement, and next year the
price of a new vehicle could increase and the trade-in value of the existing
vehicle would decrease.
Fire
Mayor
Shaw recognized Chief Steve Butera from the Fire Department who spoke about the
need for a Vehicle Exhaust Ventilation System. The current system is seven
years old and does not comply with current standards. Chief Butera said the
Fire Department is trying to get a grant for this system through Homeland
Security, and if received the Borough would have to contribute 5%. Councilwoman
Wilson asked what the likelihood of success is with the grant, and the Chief
responded he thought it was good based on comments from the vendor.
Councilwoman Wilson offered to review the grant if the Fire Department needed
assistance.
Chief Butera also asked
about the replacement of pagers, which is a yearly capital request. Chief
Butera said the Fire Department was also requesting money to replace personal
protective gear due to wear and tear. The Fire Department is funding the
purchase of 15 sets of gear for their active members. Older protective gear
will go to Junior Volunteers. Deputy Mayor Gormally asked how many members there
were in the Fire Department. Chief Butera responded there were 20-21 active
members (volunteers who attend 30% of events or more) and 28-30 total members,
and there are 16 members in LOSAP. Deputy Mayor Gormally asked for a copy of
the LOSAP report.
Chief Butera reviewed
the capital budget request for a Fire Truck. He indicated that this is the
fifth year the Fire Department has requested the Borough replace the existing
engine, #903, which is 19 years old and does not meet NFPA standards. The other
engine, #901, is 10 years old, and both engines are considered first
responders. Councilwoman Wilson asked what would be done with the old engine if
it was replaced. Chief Butera said the old engine has very little value.
Councilwoman Emr asked how long it would take to get a new engine and how
payment would work. Mr. Tempesta said it depends on what the company would
require for a down payment. Councilman Jackson asked about grant possibilities,
but Chief Butera said they were very slim and the Fire Department has already
attempted to secure grants in the past. Councilman Jackson also asked about the
possibility of sharing fire equipment with surrounding towns. Mayor Shaw
recognized Mr. Castellucci, past Chief, who explained the Borough already
shares fire resources with surrounding towns; for example, the Borough does not
have a ladder truck, but Boonton & Denville do. The Borough is already part
of the mutual aid plan for different municipalities, and vice versa. Deputy
Mayor Gormally and Councilman Happer asked about any maintenance issues with
the engine. Mayor Shaw inquired what the non-compliance with ISO standards
could mean for the Borough. Chief Butera said the Fire Department is protecting
the town on very old equipment and this could affect insurance for homeowners.
DPW - Street
Mayor Shaw recognized
Mr. Prusina, who had prepared a Powerpoint presentation on his capital budget
requests. He first updated the Council on the project status of Well #3, which
has had a test pumping and the DPW is just waiting for the lab results. Mayor
Shaw asked about the budget status and Mr. Prusina said the budget is on
target.
Mr. Prusina asked for
the replacement of the Mason Dump, which was totaled in an accident last year.
The Borough is receiving less than half of what it will cost to replace the
vehicle from the insurance company. Mr. Prusina also talked about the need to
replace the 1997 Ford Pickup, the dump body on another truck due to corrosion,
and a 1986 V-Box spreader.
Mr. Prusina said that
the JIF has concerns about the Borough’s three riding mowers, as they do not
have rollover bars and other safety equipment. Also, the fume/smoke collector
welding area in the DPW does not meet the requirements of JIF & PEOSHA. Mr.
Tempesta recommended strongly that the Borough fund the capital budget
requirements which have been brought to the Borough’s attention by the JIF and
PEOSHA. Councilman McWilliams asked about grant programs and Mr. Prusina said
he was not aware of any.
Mr. Prusina said the
salt dome needs a new roof, as well as a curtain door, which is a requirement
of the DEP’s Stormwater Management to protect the salt from rainwater.
Councilman McWilliams asked if the roof was leaking. Mr. Prusina said not into
the product but it is affecting the plywood panels. Mayor Shaw asked about the
surface area and the estimate, and Mr. Prusina will get the price per square
foot for the Council.
Mr. Prusina spoke about
the need for a new above ground fuel tank, as the current tank is single panel
steel and does not comply with the JIF for vapor recovery and spill containment.
Councilman Jackson asked about the current containment basin, and Councilman
McWilliams suggested a roof structure. Mr. Prusina said the JIF focus is vapor
recovery and spill containment.
Mr. Prusina asked for
funding for a new video system for the DPW, in order to help identify those
residents and non-residents who misuse the recycling area. The current video
system is not clear enough to allow the DPW or the Police to read the license
plates.
DPW – Water/Utility
Mr. Prusina said the
1998 GMC Pick-up Truck needs to be replaced. It has 70,000 miles and a bent
frame. Mayor Shaw asked why the frames get bent and Mr. Prusina replied it was
due to plowing.
Mr. Prusina talked about
the status of the water meters. The current vendor is going to stop
manufacturing the meters currently used for manual reads. Joan Best and Bill
Ryden, Borough Engineer, did some research, and the recommendation is to start
phasing in electronic water meters, which would be more accurate. Councilman
Jackson asked about the cost to replace the meters for the whole town, and Mr.
Prusina said it would be about a half million dollars. Mayor Shaw asked what
the budget request of $39,000 includes, and Mr. Prusina said it includes the
software, cradles, readers and a number of meters. Mayor Shaw asked if the
homeowner pays for the meters, and Mr. Prusina said yes, on new installs, but
not if the meter is replaced due to a malfunction. Deputy Mayor Gormally asked
about the cost of the current meters, and the electronic meters are about
$30.00 more. Deputy Mayor Gormally also expressed concern that there would be a
commitment to this vendor without the Borough having a serious replacement
program. Mr. Prusina said the new meters would be more accurate and would save
time and staff and re-reads would be less frequent. Mr. Tempesta said
electronic meters are already old technology and the Borough should consider
GPS meters.
Mr. Prusina talked about
replacing the old portable Valve Operator. Also, he addressed new Air Cooling
Fans due to circulation problems, and new Chlorinator Injectors due to their
poor condition.
Mr. Prusina proposed
three water main upgrades to improve reliability of service. Councilman Jackson
expressed surprise that there were still water main upgrades to be done. Mayor
Shaw agreed, as he was under the impression all upgrades had been completed.
Mr. Prusina said there were still small segments of water mains which needed to
be upgraded from 2 to 8 inch piping. Councilman Jackson asked for a map to show
where the old piping was located. Councilman Happer asked for a master
replacement plan of scheduled upgrades.
DPW – Recreation
Mr. Prusina said the
fishing dock at Birchwood Lake needed to be removed, or the wood needed to be
replaced. Mayor Shaw asked if he had spoken to the Recreation Committee, and
Mr. Prusina felt he had not received clear direction from them as to how to
proceed. Mr. Tempesta said he has not received any resident complaints. Mr.
Prusina said removal of the dock would be cheaper than replacement, but he had
concerns about resident reactions if it was removed.
Mr. Prusina talked about
the need to secure the control panel for the lights at the volleyball court,
and the need to replace the spectator seats at the Tennis Courts. He also
suggested replacing the path to the picnic area at Birchwood Lake with a colored
asphalt such as the Borough currently has at the Wildwood School crosswalks. Some
members of Council expressed concern over ADA compliance and colored asphalt
being consistent with the ambiance at the Lake. Mr. Prusina said the Borough
replenishes the stone dust path every year and an asphalt path would eliminate
the need to do so.
Mr. Prusina said the
signs for the public beaches are printed. Mayor Shaw asked who approved the
signage. Mr. Prusina said the police, recreation committee, and Dede Conlan,
the Beach Director. Councilman Jackson suggested the signage be reviewed by the
Council. Mr. Prusina will provide the text. Councilwoman Emr asked about the
designs of the signs and the shelter, and Mr. Prusina said he would provide the
Council with a sketch. The signs are dual purpose, with printed rules on one
side and community postings on the other side.
Mr. Prusina would like
to provide turf repair at Midvale Field, replace the cement pillars at
Birchwood Lake, and provide new trash and recycling containers at the fields.
Councilman Happer expressed concern that the drainage at the field would hamper
successful sod replacement, and Mr. Prusina thought he had a good chance of
success.
Mr. Prusina discussed some
infrastructure upgrades in public areas and also stormwater management. Mr.
Tempesta said he gets many calls regarding stormwater management, and there is
a lot of infrastructure work which needs to be done. However, funds are
limited. Deputy Mayor Gormally asked about the sidewalk on Powerville Road, and
Mr. Tempesta and Mr. Prusina said they had been at the site today.
Mr. Prusina talked about
Emergency Management and the need for a high frequency radio and an emergency
generator. Currently, the Borough does not have a base station in order to
communicate with emergency workers. Also, the police repeater has a battery
which lasts for only three hours. If the police lose the repeater due to a dead
battery they cannot communicate with each other. The generator is necessary to
keep the repeater functioning and the emergency location heated.
Councilwoman Emr told
Mr. Prusina she had been to the DPW and was surprised to see many vehicles
sitting in the lot. Mr. Prusina said they are not all DPW vehicles; some are
from the Board of Education, as well as the Fire Department and Police.
Councilwoman Emr asked that the vehicles be identified and Mr. Prusina will
come up with a list.
Deputy Mayor Gormally asked
about a schedule for priority projects in reference to stormwater management
and infrastructure. Mr. Prusina said he has identified stormwater management
projects and will get a list for the Council. Mr. Tempesta talked about the
stormwater management project by the Y on Fanny Road which was recently
completed with Boonton.
Mr. Huelbig explained
this was the Borough’s last year of payments on the JetVac Once paid, the
Borough can purchase the JetVac for $1.00.
Tim Watrous was
recognized by the Council to speak about his Eagle Scout Project. He would like
to spray paint the fire hydrants with reflective paint so they are easier to
find at night. Also, this would raise fire safety awareness. Mayor Shaw asked
Chief Steve Butera for his opinion, and Chief Butera said this would be a great
idea. In response to questions by the Council and Borough Manager, Tim said he
would spray paint just the tops of the hydrants, he was doing research on the
color, and he thought the project would take about two weekends. Councilwoman
Wilson asked about the education aspect of this project, and Tim said he would
be making a presentation at Empty Bowls. Mr. Prusina said Tim should contact
him, and he was looking forward to working with him on the presentation. Mayor Shaw said from the Council’s
perspective, this was a good idea for a project and the education aspect was
important. Councilman McWilliams asked where the paint was coming from and Tim
said he was asking for donations and would host a fundraiser if necessary. Councilwoman
Emr thanked Tim for the service he would be doing for the Borough.
Mayor Shaw turned back
to the capital budget discussion, with the idea of giving the Borough Manager
direction from the Council. He said the Finance Committee had a target capital budget,
and Councilman Jackson said keeping the budget under $700,000 was important. He
felt the current capital budget of $1.6 million was much bigger than what the
Council has supported in the past. Mayor Shaw said there were two ways for the
Council to proceed; either go with the historic level of capital spending and
propose cuts, or give the manger a budget figure and the discretion to make the
cuts. Councilwoman Wilson said the items with the biggest impact on the budget
were the fire truck and the infrastructure projects. Councilwoman Emr asked
about any money from the stimulus package, and Mr. Tempesta indicated
Congressman Frelinghuysen has already been contacted. Mayor Shaw said the
Borough should assume it is getting no stimulus money and budget accordingly.
Mayor Shaw asked Mr.
Tempesta for some input. Mr. Tempesta said it was vitally important to do some
of the smaller drainage projects as this would have immediate impact on the
quality of life for some people. He also felt one or two of the water main
projects would be important. Mr. Prusina will provide a maintenance and repair
schedule to Mr. Tempesta.
Mayor Shaw asked for the
Council’s opinion on the fire truck since it was such a big decision. After
discussion, Mayor Shaw summarized for the Manager that the Council wants to
keep the budget within the historic levels and that there is support for the
purchase of a new fire engine.
The Council’s desire is to
stay under the tax cap of 4%. Mr. Tempesta said the Borough was still waiting to
find out about State aid, and that cuts to state aid will possibly mean cuts in
personnel or not replacing retirees. Mr. Tempesta said he and Mr. Huelbig would
be working diligently on the budget. Councilman Happer talked about going right
to the 4% cap, since the Borough has been affected by lack of revenue even
through expenses have been contained.
Water &
Sewer Utility Budget
Mr. Huelbig said the Finance Committee had discussed
the water and sewer utility budget. Revenues for both water and sewer are down,
so an increase of 6% in sewer fees is recommended. There will be an ordinance introduced at the next meeting so the
Borough can bill for the 6% increase. Councilman Happer asked why sewer
revenues were much lower than water. Mr. Tempesta said the Borough residents
are doing a great job of conserving water, so all revenues are down, but water
had a bigger surplus. Also, there is a different tier structure for water
versus sewer. Mr. Tempesta supported Mr. Huelbig’s recommendations for
increasing the sewer rate.
Councilman Jackson asked about refunds from
Parsippany since the Borough’s usage is lower, and Mr. Huelbig confirmed these
are being received. Deputy Mayor Gormally advised Mr. Tempesta to look into
this, and Mr. Tempesta said he has been to Parsippany three times already and
has good relations with them.
7. DISCUSSION
A. Broadcast Email Usage
Policy
Mayor Shaw said due to the late hour this discussion
should be tabled until the next meeting, and the Council agreed.
8.
*RESOLUTIONS
R 57-09 Payment of Bills
R
58-09 Environmental Resource Inventory
9. *MINUTES
February 23, 2009 – Regular
February 23, 2009 – Executive
10. *DEPARTMENT REPORTS
A.
Health
Officer
B.
Police
C.
Construction
Official
D.
Fire
Department
E.
DPW
Council Member |
By: |
2nd: |
Yes |
No |
Abstain |
Absent |
McWilliams |
|
|
x |
|
|
|
Emr |
|
|
x |
|
|
|
Jackson |
|
|
x |
|
|
|
Gormally |
x |
|
x |
|
|
|
Happer |
|
|
x |
|
|
|
Wilson |
|
x |
X |
|
|
|
Shaw |
|
|
x |
|
|
|
*Consent
Agenda Vote
11. ATTORNEY’S REPORT
Mr. Murphy discussed the Ippolitto’s request for
vacating the paper road. He explained that the Council would have to adopt an
ordinance to vacate the road. Deputy Mayor Gormally asked if this gave the
Ippolitto’s title to the center line of the road. Mr. Murphy indicated they
already have the title, the Borough just removes dedication, so the Ippolitto’s
have the right to use the fifteen feet unencumbered. Councilman Jackson
indicated he would be inclined to ask the Ippolitto’s appear before the Board
of Adjustment. Mayor Shaw said there may be some policy issues so he would
recommend putting the vacation of the paper road on the agenda for the next
meeting.
12. MANAGER’S REPORT
Mr. Tempesta reported the Borough did receive a
$50,000 Highland grant for plan conformance, and Borough Engineer Billy Ryden
will attend a Module 2 meeting at the end of March. The Borough is now entitled
to submit bills for reimbursement.
Mr. Tempesta also reported on his meeting in
Montville regarding a new animal shelter. The total cost of the new building is
$300,000. The four municipalities serviced by Montville have each received an
allocation, and the Borough’s share is about $21,000 over a ten or fifteen year
period. Mr. Tempesta indicated Montville was waiting for a commitment from each
municipality. The consensus of the Council supported the Montville Animal
Shelter.
13. COUNCIL REPORTS
2009 Appointments/Vacancies – Recreation
Commission
Shared Services Committee
COAH/Highlands – Grant Award
Citizen of the Year – Borough
Janice Hunts Award
Fifty-Five Plus
Councilman McWilliams received their budget
request, which pays for their speakers. The actual request went from $3500 to
$3100.
Personnel
Councilman Jackson indicated he and Mayor Shaw met
with Mr. Tempesta regarding his review and raise. Councilman Jackson said it
was a good review, and Mr. Tempesta said he appreciated the confidence the
Council members have shown in him. Mayor Shaw and Mr. Tempesta will do the
review for the Borough Clerk.
Finance
Councilman Jackson reported a very good meeting
regarding the budget.
Shared Services
Deputy Mayor Gormally indicated the first meeting
was a discussion centered on orienting
the committee to the goals and where they need to
focus their energy. The Committee will
break into subcommittees and research the costs
associated with certain services so they
can come up with accurate information to be sent
out to the community. They plan to meet
every two weeks. Mr. Tempesta has already been asked
to attend the next meeting.
Councilwoman Emr indicated the Committee would
like to come to the Borough Hall on
March 16th for a tour.
Recreation Committee
Councilman Happer indicated he had spoken to Dave
Marshall and he was very interested in
participating on the Recreation Committee. The
Council voted unanimously to appoint Mr. Marshall to the Committee.
Environmental Committee
Councilwoman Emr reported a vacancy will be
occurring as Oliver Turner is resigning.
Lakes Management
Deputy Mayor Gormally provided the Borough Manager
with a copy of the sign given out at
the last meeting by Allied Biological regarding
keeping invasives out of the lakes.
Citizen of the Year / Janice Hunts Award
Mayor Shaw has provided the citations from last
year to give the Council an idea of the
criteria for the awards.
14.
ADJOURNMENT at 11:42 p.m.
Motion by Deputy Mayor
Gormally, second by Councilman McWilliams, to adjourn the
meeting at 11:42 p.m.,
with all members in favor signifying by “Aye”.
*Consent Agenda
Attest:
___________________________ _____________________
Joseph Tempesta, Deputy
Clerk Stephen H. Shaw, Mayor