BOROUGH OF MOUNTAIN LAKES COUNCIL MEETING

MONDAY, MAY 11, 2009

7:30 p.m.

 

M I NU 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 and The Star Ledger on January 6, 2009 and posted in the

       municipal building.

 

        Mayor Shaw called the meeting to order at 7:30 p.m.

 

2.     ATTENDANCE AND FLAG SALUTE

All Council members were present.

Also in attendance were Borough Attorney Marty Murphy, Borough Manager Joe Tempesta, and Borough Clerk Christina Whitaker.

Borough Auditor Tim Vrabel, CFO Dana Mooney, and Borough Deputy Treasurer Ken Huelbig also attended to answer any questions from the public or Council on the 2009 municipal budget.

 

3.     EXECUTIVE SESSION

                 Resolution 72-09

                 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:                    

 

·        Potential Litigation- Board of Education Budget Appeal 

·        Potential Litigation-Sharkey’ Landfill

·        Shared Services - Contract Negotiations

 

                        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 McWilliams, second by Councilman Happer, to enter into Executive Session, with all   

        members in favor signifying by “Aye.”    

 

        Motion by Councilman Jackson, second by Councilman McWilliams, to recess 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

The Mayor wished the boys and girls lacrosse teams good luck in the Morris County finals.

 

Arbor Day was held at the Wildwood School. The Garden Club and Shade Tree Commission helped sponsor the event. The students had a good time. This year’s honoree was Penny Leman

 

Mayor Shaw named the chair and members of the Centennial Steering Committee. The Mayor will serve as liaison to the Committee. (Hereto attached)

 

Mayor Shaw reminded the public of the upcoming Memorial Day celebration on May 25. The parade will start at 10 a.m.  He also thanked Chris Palazzi for helping to coordinate Mountain Lakes Day.

 

A special Council meeting will be held on May 14 at the High School to discuss the defeated school budget. The Council will be recommending cost savings. The Mayor explained the process, which included a resolution certifying a new tax levy.

 

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 opened the public comment portion of the meeting with the consent of the

 Council.

 

Bill Bethke- Lake Drive

Mr. Bethke said that the present economy requires the Council to control expenses in all departments. He said that employees and residents needed to recognize that there are some things they can learn to live without.

 

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

 

6. PUBLIC HEARING ON 2009 MUNICIPAL BUDGET

Budget Adoption Resolution (Hereto attached)

 

Mr. Tempesta provided the Council and public with an overview of the 2009 municipal budget.

 

The Council complemented the Borough Manager on his effort to down size departments in the Borough by combining positions and coming in with a budget increase below 1%, particularly since State revenues and construction fees had decreased.

 

Councilman Jackson said he believed the Borough could function without replacing the two retired police officers. However, Mr. Tempesta said he wanted to replace at least one and if the Borough received grant money for two officers he would consider both replacements.

The Manager said he hoped to hear from the State regarding the grant within 30 days.

 

Councilman Jackson said he did not support hiring the officers just because grant money would be available to the Borough. The grant money would stop after three years and then the officers’ salaries would have to be included in the Borough budget.

 

Councilman McWilliams said he was concerned with the Council telling the Police Chief how to operate his department. The decision to hire police officers is the responsibility of the Borough Manager with the Police Chief’s recommendation. 

 

Councilwoman Wilson said this was the tightest budget in the 11 years she has served on the Council.

Councilman Happer told Mr. Tempesta he appreciated what he and his staff had accomplished. He said he recognized it was a tough job with revenues down.

 

Deputy Mayor Gormally echoed Councilman Happer’s comments. He said Mr. Tempesta did a great job curbing the cost of personnel. However, he agreed with Councilman Jackson regarding hiring new police officers.  He would also like to see additional cuts in the Capital Budget.

 

Mayor Shaw noted that the Tax Assessors’ recommendation to do a reevaluation when he did was good advice and should make a difference in the number of tax appeals. He said he was committed to revisiting the matter of hiring new police officers.

 

Mayor Shaw opened the Public Hearing on the 2009 Municipal Budget.

He explained that the same rules applied as during the regular Public Comment portion of the meeting.

 

Bill Bethke – Lake Drive

Mr. Bethke spoke concerning the Capital Budget. He said the Council needed to recognize a future burden that could be placed on the municipality with the purchase of additional equipment. In addition, the Council should take advantage of the retirement of the two police officers and look more objectively at whether replacements are necessary.

 

Michael Feigeles – Boulevard 

Mr. Feigleles said he was surprised by what was listed in the Capital Budget.

He suggested the Council wait before purchasing some items until the Shared Services Task Force completes it survey.

 

Steve Butera – Fire Department

Fire Chief Butera thanked the Council for supporting the purchase of a new fire truck in the budget.

 

With no one else wishing to be heard, Mayor Shaw closed the public hearing.

 

Councilman Jackson said the Council was not going to hire police officers right away but should be ready to make a decision when the shared service survey was complete.

 

Deputy Mayor Gormally said it was his understanding that the hiring of police officers would not be revisited.

 

Mr. Tempesta reminded the Council that it gave him discretion to administer this proposed budget. He explained that he was committed to replacing at least one of the police officers.

If revenue picked up in the construction department and grant money was available, he would consider a second officer.

 

Councilwoman Emr said more retirements would be coming within a few years and it would be unreasonable not to take advantage of grant money for police officers.

 

Deputy Mayor Gormally noted that the salaries for two officers had already been included in this budget.

 

Mr. Tempesta explained that he would base the second hire on revenues and a comparison of overtime hours.

 

Councilman Jackson said he wanted to know before any police officers were hired.

He said he was not convinced that the two officers were needed and a smaller staff might fill the Borough’s needs. He suggested that this was the time to try a new staffing model.

 

Councilman McWilliams said it was not the Council’s job to hire police officers. Mr. Tempesta was hired to do the job. He also explained that any new fire equipment would still be needed even if shared services were implemented.

 

Mayor Shaw noted that the staffing level in the municipality appeared to be suitable at this time.

 

                    2009 Budget Vote

Council Member

By:

2nd:

Yes

No

Abstain

Absent

McWilliams

X

 

X

 

 

 

Emr

 

 

X

 

 

 

Jackson

 

 

X

 

 

 

Gormally

 

 

 

X

 

 

Happer

 

X

X

 

 

 

Wilson

 

 

X

 

 

 

Shaw

 

 

X

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

7.  ORDINANCES

05-09

CAPITAL ORDINANCE APPROPRIATING $20,300 FOR VARIOUS IMPROVEMENTS 

OR PURPOSES AUTHORIZED TO BE UNDERTAKEN BY THE BOROUGH OF

MOUNTAIN LAKES, IN THE COUNTY OF MORRIS, NEW JERSEY

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

provided by law.    Public Hearing

 

Council Member

By:

2nd

Yes

No

Abstain

Absent

By

2nd

Yes

No

Abstain

Absent

McWilliams

X

 

X

 

 

 

 

 

X

 

 

 

Emr

 

 

X

 

 

 

 

 

X

 

 

 

Jackson

 

 

X

 

 

 

 

X

X

 

 

 

Gormally

 

 

 

X

 

 

 

 

 

X

 

 

Happer

 

X

X

 

 

 

 

 

X

 

 

 

Wilson

 

 

X

 

 

 

X

 

X

 

 

 

Shaw

 

 

X

 

 

 

 

 

X

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Mayor Shaw opened the public hearing.

With no one wishing to be heard, Mayor Shaw closed the public hearing.

 

 

06-09

      BOND ORDINANCE PROVIDING FOR VARIOUS CAPITAL

      IMPROVEMENTS OF THE BOROUGH OF MOUNTAIN LAKES, IN THE

      COUNTY OF MORRIS, NEW JERSEY, APPROPRIATING THE

      AGGREGATE AMOUNT OF $812,000 THEREFOR AND AUTHORIZING

      THE ISSUANCE OF $771,400 BONDS OR NOTES OF THE BOROUGH TO   

      FINANCE PART OF THE COST THEREOF

      If adopted this ordinance shall take effect after publication and passage

      as provided by law.    Public Hearing

 

     Mayor Shaw opened the public hearing.

     With no one wishing to be heard, Mayor Shaw closed the public hearing.

 

Council Member

By:

2nd

Yes

No

Abstain

Absent

By

2nd

Yes

No

Abstain

Absent

McWilliams

 

X

X

 

 

 

 

 

X

 

 

 

Emr

 

 

X

 

 

 

 

 

X

 

 

 

Jackson

 

 

X

 

 

 

 

 

X

 

 

 

Gormally

 

 

 

X

 

 

 

 

 

X

 

 

Happer

 

 

X

 

 

 

X

 

X

 

 

 

Wilson

X

 

X

 

 

 

 

X

X

 

 

 

Shaw

 

 

X

 

 

 

 

 

X

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

7-09

ORDINANCE AMENDING THE SALARY, WAGE AND COMPENSATION OF OFFICERS AND EMPLOYEES OF THE BOROUGH OF MOUNTAIN LAKES, IN THE COUNTY OF MORRIS, NEW JERSEY

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

     provided by law.    Public Hearing

 

     Mayor Shaw opened the Public Hearing.

     With no one wishing to be heard, Mayor Shaw closed the Public Hearing.

Council Member

By:

2nd

Yes

No

Abstain

Absent

By

2nd

Yes

No

Abstain

Absent

McWilliams

 

 

X

 

 

 

X

 

X

 

 

 

Emr

 

 

X

 

 

 

 

X

X

 

 

 

Jackson

 

 

X

 

 

 

 

 

X

 

 

 

Gormally

 

 

X

 

 

 

 

 

X

 

 

 

Happer

X

 

X

 

 

 

 

 

X

 

 

 

Wilson

 

X

X

 

 

 

 

 

X

 

 

 

Shaw

 

 

X

 

 

 

 

 

X

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

8. DISCUSSIONS

  1. Economic Development Council (Hereto attached)

Councilwoman Emr said the Borough needed to attract more ratables in two areas of the Borough, Route 46 and the Midvale section. She suggested creating a committee to review possibilities.

 

Councilwoman Wilson suggested the Midvale merchants get together and create a downtown area or Chamber of Commerce.

 

Councilwoman Emr said the merchants needed to feel that there is a partnership with the Borough. She said it has been difficult to talk with business owners on Route 46.

 

Councilwoman Wilson suggested the Midvale businesses should select a spokesperson to come to the Borough with their ideas. However, she was not sure the Borough needed to create another committee.

 

Councilman McWilliams said there was enormous potential along Route 46 and suggested a redevelopment plan including mixed uses.

 

Councilman Jackson suggested the Planning Board get involved in the planning for the areas. He noted that there might be stimulus money available for this type of project.

 

Councilman Happer said he agreed with Councilman McWilliams about Route 46 and that the Planning Board should take an active role in reviewing its development. However, he would not like to see any cost to the residents.

 

Deputy Mayor Gormally said that no one would be against economic development. But he explained that the Midvale area and Route 46 are designed for two significantly different types of businesses. Those along Route 46 would be looking for tax abatements, which would be out of the question at this time. He said economic development was a great concept but without money, he did not know how the areas could be stimulated.

 

Councilwoman Wilson said she viewed this as a grass roots project and would like the business owners to take responsibility and approach the Council.

 

Councilman Jackson said someone needed to do some research and see if there was any stimulus money available for the Route 46 area for curbs and other improvements.

 

It was the consensus of the majority of the Council that this was not the time to create an Economic Development Council but it would be amenable to business owners creating a committee of their own. It was suggested that if there were enough people interested in serving on a committee, they should draft a mission statement and come back to the Council for further discussion.  Councilwoman Emr said she would go back to the businesses at Midvale and Route 46 areas and relate the information.

 

B. Sustainable Jersey (Hereto attached)

The Council discussed the requirements of becoming certified.

Mayor Shaw said he was concerned with burdening someone with all the paper work involved. The task was assigned to the Environmental Commission, which will appoint a subcommittee to handle it. The designation “Sustainable Jersey” is granted for three years.

 

Councilwoman Emr said she would inform the Commission of the responsibilities that would be required.

 

9.  *RESOLUTIONS

R 70-09 Payment of Bills

R 71-09 Self Certification

      

10.  *MINUTES

      April 27, 2009 – Regular

      April 27, 2009 – Executive

 

11. *DEPARTMENT REPORTS

A.     Health Officer

B.     Construction Official

C.    Police Department

 

 *Consent Agenda Vote     

Council Member

By:

2nd:

Yes

No

Abstain

Absent

McWilliams

X

 

X

 

 

 

Emr

 

 

X

 

 

 

Jackson

 

X

X

 

 

 

Gormally

 

 

X

 

 

 

Happer

 

 

X

 

 

 

Wilson

 

 

X

 

 

 

Shaw

 

 

X

 

 

 

 

 

 

 

 

 

 

 

      

     

 

     

   

      12. ATTORNEY’S REPORT - None

 

      13. MANAGER’S REPORT (Hereto attached)

The sidewalks on Powerville and Glen Road are done.

The lakes management treatments have started.

Testing of well # 3 is in progress. The old well building will be torn down within the next couple of days.

The street sign program will take place over the next four years.

 

Councilwoman Wilson said she spoke to Denville’s Administrator Marie Goble who said that the Denville DPW makes its own signs. Mr. Tempesta will contact Ms. Goble about the possibility of having Borough signs made by Denville.

 

Councilwoman Wilson said the director of the Morris County Housing Partnership informed her that she has never received any letter informing her that the Housing Partnership was to work with the COAH portion of the Fusee property development.  Mr. Tempesta said he would check into the matter.

 

14. COUNCIL REPORTS

School Budget Update/ Moved up on agenda

 

Vacancies – Planning Board due to resignation of Rainer Mimberg

Mayor Shaw asked for a new list of suggested names for the Planning Board position.

He noted that there was also an opening on the Zoning Board of Adjustment due to the resignation of David Kane.

The Mayor would like to fill the positions at the next meeting.

 

The Audit Report was given to all council members with their packets. The Mayor asked all members to review it so a resolution can be adopted at the next meeting. 

 

Councilman Jackson said the HPC has reviewed the historic section of the Master Plan.

The Committee is concerned about the demolition plan for 15 Crestview.

 

The Web Site Committee is interested in knowing how the Borough’s push e-mail is working.

The Environmental Commission has applied for more grant money for the ERI.

The Commission expressed its concern regarding the use of pesticides on public property and suggested an ordinance be considered.

 

Deputy Mayor Gormally updated the Council on the Shared Service Task Force activities. The committee has targeted October to come back to the Council with the survey results.  He will ask the committee for its updated timeline.

 

Motion by Councilman Happer, second by Councilman Jackson, to return to Executive Session to discuss the school budget, with Council members McWilliams, Emr, Jackson, Happer, Wilson, and Mayor Shaw voting “Yes” and Deputy Mayor Gormally voting “No.

 

Motion by Councilman McWilliams, second by Councilman Jackson, to return to the public portion of the meeting, with all members in favor signifying by “Aye.”

 

15. ADJOURNMENT

Motion by Councilman McWilliams, second by Deputy Mayor Gormally, to adjourn the meeting at 11:18 p.m. with all members in favor signifying by “Aye.”

 

 

*Consent Agenda

          

Attest:

 

 

___________________________                            _____________________

Christina Whitaker, Clerk                                          Stephen H. Shaw, Mayor