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
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
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