BOROUGH OF MOUNTAIN LAKES

BOROUGH HALL, 400 BOULEVARD, MOUNTAIN LAKES

973-334-3131

www.mtnlakes.org

 

SEPTEMBER 10, 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 7:30 p.m.

2.   ATTENDANCE AND FLAG SALUTE

 

All Council members were present. Also in attendance were Borough Attorney Marty Murphy, Borough Manager Robert Tovo, and Deputy Borough Clerk Michele Reilly.

3.   EXECUTIVE SESSION RESOLUTION 113-12

 

      Matters Relating to the Purchase, Lease or Acquisition of Real Property or the Investment of Public Funds:

      -Acquisition of Property, King of Kings

 

Motion made by Councilman McWilliams, second by Councilman Holmberg, to enter into Executive Session with all members in favor signifying by “Aye”.

 

Motion made by Councilman Holmberg, second by Councilman McWilliams, 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 Holmberg spoke about the passing of former Mountain Lakes resident and class of 1982 graduate Colonel Michael Endres, who died suddenly at the age of 48. Councilman Holmberg remembered him as an exceptional athlete, role model, West Point graduate, war veteran, and friend.

 

Councilman McWilliams thanked the Police and Fire Departments for the support they provided over the weekend for the 19th annual Elvis Run.

 

Mayor Gormally announced that on October 29th, from 6:00-7:30 PM, St. Clare’s Health System was holding a public outreach forum and had issued an open invitation.

 

Councilwoman Bravo complimented the Police Department for the wonderful community policing they offer in Mountain Lakes. Specifically, she referenced the fact that the Department is able to help residents install car seats and that Sergeant Gil Benitez is the Department’s certified installer. Councilwoman Bravo recently had the need to install car seats and found this to be a great service.  

 

Councilman McWilliams reminded the Council and members of the public that the Police Department was sponsoring a Black Bear Presentation on Wednesday, September 12th.

 

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.

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

 

SEPTEMBER 10, 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

    

WHEREAS, the Morris County Soil Conservation District Manager has reviewed Chapter 102 of the Revised General Ordinances of the Borough of Mountain Lakes regulating soil erosion and sediment control and has recommended that certain revisions be made to this Ordinance to achieve compliance with the New Jersey Soil Erosion and Sediment Control Act and approval from the New Jersey State Soil Conservation Committee.

NOW, THEREFORE, 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 102, Section 102-19 entitled “Regulations,” shall be amended to read in its entirety as follows:

§102-19.  Regulations.

A.            No application to the Planning Board for any of the following approvals shall be granted unless and until a soil erosion and sedimentation control plan has been submitted to and approved by the Planning Board:

(1)       Preliminary approval of a major subdivision.

(2)       Final approval of a major subdivision.

(3)       Site plan approval.

B.            In situations where none of the above subdivision or site plan approvals is required, it shall be unlawful for any person to create or cause any land disturbance greater than five thousand square feet unless and until a soil erosion and sedimentation control plan shall have been submitted to and approved by the Planning Board.

 

Section 2.             Chapter 102, Section 102-21 entitled “Scope and contents of plan,” shall be amended to read in its entirety as follows:

§ 102-21.  Scope and contents of plan.

A.            The soil erosion and sedimentation control plan shall comprise a map and written report (together with whatever other instruments, writings, drawings, plans or specifications are necessary or appropriate under the circumstances) which fully and adequately describe both temporary and permanent measures to be employed to control, minimize and protect against soil erosion and sedimentation from a proposed land disturbance, taking into account the particular nature and characteristics of the land, the surrounding area, the watercourses, the land disturbance and the planned development involved. The plan shall cover all stages and aspects of the proposed land disturbance and planned development from grading, stripping, excavation and other site preparation through and including both final grading and the installation of permanent improvements. It shall accordingly include a timing schedule or schedules indicating:

(1)       The anticipated starting and completion dates of each step in the land disturbance and development sequence and the time of exposure of each land area prior to the completion of effective erosion and sedimentation control measures; and

(2)       The sequence of installation of planned erosion and sedimentation control measures as related to the disturbance and development sequence referred to in Subsection A(1) above, including anticipated starting and completion dates of such installations.

B.            Soil erosion and sedimentation control measures shall, at a minimum, utilize and meet applicable standards and specifications promulgated under the New Jersey State Soil Erosion and Sediment Control Act. In addition, to the extent applicable in particular situations, the following measures or considerations shall be incorporated in the soil erosion and sedimentation control plan:

(1)       The smallest practical area of land shall be exposed at any one time during development, and the duration of such exposure shall be kept to a practical minimum.

 

SEPTEMBER 10, 2012

Regular Minutes

Page Three

(2)       Whenever feasible, natural vegetation and the natural ground surface shall be retained and protected.

(3)       Temporary vegetative protection plant cover and/or mulching shall be used to protect critical erosion areas during development.

(4)       Diversions and outlets, both temporary and permanent, shall be constructed and/or installed to accommodate the runoff caused by the changed soil and surface conditions during and after development.

(5)       Disturbed soil shall be stabilized as quickly as practicable.

(6)       Until the disturbed area is stabilized, sediment in the runoff water shall be trapped and removed to the maximum extent feasible by the use of debris basins, sediment basins, desilting basins, silt traps or other acceptable methods.

(7)       Whenever feasible, development shall preserve salient natural features and existing grades, thereby keeping grading, stripping and excavation to a minimum.

(8)       Adequate provisions shall be made to minimize surface water from damaging slopes and embankments. Cut-off ditches or diversions may be utilized for this purpose.

(9)       Fill shall be placed and compacted so as to minimize sliding or erosion, and shall not encroach on watercourses.

(10)     Fill placed adjacent to a watercourse shall have suitable protection against erosion for all weather stream flow conditions and particularly during periods of flooding.

(11)     During grading operations, methods for dust control shall be exercised.

(12)     During grading, excavation and other construction activities, slopes and embankments shall be stabilized by mulching with straw sprayed with asphalt mixture; jute matting staked in position; a seeding of annual ryegrass; or other acceptable methods in accordance with the standards.

(13)     Permanent (final) vegetative protection, plant cover, lawn or ground cover, and mechanical erosion control devices and measures shall be installed or constructed, and completed, as soon as practically possible.

(14)     Permanent improvements, such as roads, catch basins, curbs and the like, shall be installed or constructed, and completed, as soon as practically possible.

Section 3.           Chapter 102, Section 102-22 entitled “Implementation” shall be amended to read in its entirety as follows:

 

  § 102-22.  Implementation.

A. In considering and approving a soil erosion and sedimentation control plan, the Planning Board:

             (1) Shall provide for the posting of performance guaranties and maintenance bonds in the             same manner as provided in Chapter 208, Subdivision of Land and Site Plan Review, § 208-9B.

             (2)  May refer the plan to the Soil Conservation District, and/or to any other qualified  governmental agency or agencies, for review and may take no action on the plan until after a report has been received from the District or such other agency or agencies.

             (3) May impose lawful conditions or requirements necessary or desirable to proper implementation of the plan and of the purpose and intent of this chapter.

B.  After a soil erosion and sedimentation control plan has been approved, it shall be unlawful for the applicant therefor, or any person performing services in implementing the plan, knowingly to deviate from, change, amend or modify the plan in any way, except in accordance with the provisions of Subsection C below.

C.  Minor changes, amendments or modifications to a soil erosion and sedimentation control plan required as a result of conditions in the field during construction may be approved by the Construction Official, or the Borough Engineer as permitted by § 102-24, who shall, in turn, notify the Planning Board thereof. Major changes, amendments or modifications to such a plan shall require the approval of the Planning Board.

 

                                                                                                                                                                 

SEPTEMBER 10, 2012

Regular Minutes

Page Four

 

Section 4.           Chapter 102, Section 102-24 entitled “Enforcement,” shall be amended to read in its        entirety as follows:

§ 102-24.  Enforcement.

A.       No approval of occupancy of any building shall be granted unless all measures required under the soil erosion and sediment control plan have been either completed or substantially provided for in accordance with this chapter. Approval for occupancy may be granted notwithstanding that permanent (final) vegetative protection, plant cover, or lawn or ground cover has not been installed if such permanent protection and cover has not been, and cannot be, installed because of conditions of weather; and the installation thereof is enforced by appropriate provisions in the bond or other security and improvement agreements which shall provide for installation within such time limits as may be reasonable upon direction of the Construction Official, or the Borough Engineer as soon as the weather conditions shall permit.

B.       Inspection of projects to determine execution in accordance with the certified plan shall be carried out by the Borough Engineer and/or Construction Official.

C.       The Borough Engineer shall determine whether or not the provisions of the certified plan and sequence of construction are being followed by the applicant.

D.       The Borough Engineer shall inform the applicant in writing of observed deviation from the certified plan and request immediate compliance with the plan. Failure of the applicant to adequately correct deficiencies in the time frame set forth in the Borough Engineer letter to the applicant shall result in the issuance of a violation notice. Failure of the applicant to correct the deficiencies in the violation notice may result in the issuance of a stop construction order.

E.       The Borough Engineer may issue a stop-construction order if the applicant takes no action to comply with the provisions of the certified plan. The Borough Engineer may issue a stop-construction order if a person initiates land disturbance prior to securing plan certification.

F.       When a stop-construction order is issued, no further construction activity or any other work may take place on the project except for implementation of erosion controls as required by the Borough Engineer, until such time the project is in compliance with all provisions of the certified plan.

G.       Report of Compliance

(1)      The Borough Engineer shall issue a written Final Report of Compliance in accordance with this section, upon the determination that the project is in full and complete compliance with the requirements and provisions of the certified plan such that all permanent measures to control soil erosion and sedimentation are in effect for the entire project.

(2)      The Report of Compliance (ROC) shall be issued when the Borough Engineer determines that a project or portion thereof is in full compliance with the certified plan and the Standards for Soil Erosion and Sediment Control in New Jersey (see N.J.A.C. 2:90-1.3), and that the permanent measures to control soil erosion and sedimentation are in effect for the area encompassed by the ROC.

(3)       A Report of Compliance with Conditions (CRC) shall be issued when the Borough Engineer determines that the project or portion thereof is not yet in full compliance with  the certified plan but is in satisfactory compliance to the extent practicable and in accord with the sequence of development and requirements thereof, such that the issuance of a temporary and conditional approval is appropriate with such conditions as may be imposed. Satisfactory compliance means temporary measures and appropriate permanent measures for soil erosion and sediment control have been implemented according to the Standards including provisions for stabilization, site work and that no other site specific concerns exists.

(4)   Upon written request from the applicant, the Borough Engineer may issue a ROC or CRC on a lot-by-lot or section-by-section basis for a project when lots or sections are a part of the project.

(5)    The Borough Engineer may withhold a ROC or CRC for any project which has not secured discharge authorization of the stormwater general permit NJG0088323 where a NJPDES permit is required for stormwater discharges associated with a construction activity pursuant to N.J.A.C. 7:14A-24.2.

(6)    All fees shall be paid to the Borough prior to issuance of the ROC or CRC.

(7)      A standard Report of Compliance form approved by the State Soil Conservation                Committee shall be utilized by the Borough Engineer and shall allow for the Borough Engineer's issuance of a CRC or ROC. The Borough Engineer shall complete the standard Report of Compliance form in accordance with the requirements set forth in N.J.A.C. 2:90-1.14

 

 

 

 

SEPTEMBER 10, 2012

Regular Minutes

Page Five

 

           (8)  Copies of the ROC or CRC shall be distributed by the Borough Engineer to the applicant; the construction code official having construction code jurisdiction for the project, if applicable; and/or in the case where a construction permit is not required for a project (such as for mining and land clearing projects among others), the municipal official having jurisdiction over such project, if any.  The Borough Engineer may also issue a copy of a ROC or CRC, to such other persons or entities, as the Borough Engineer deems necessary or appropriate in his discretion. This includes, without limitation, any local district, county, state and Federal agency, or instrumentality thereof, exercising any jurisdiction over the project.

 (9)   No certificate of occupancy (CO) for a building or structure on a project, or any portion thereof, shall be issued unless there has been a ROC issued by the Borough Engineer indicating compliance with the provisions of the certified plan for measures to control soil erosion and sedimentation.

(10) No temporary certificate of occupancy (TCO) for a building or structure on a project, or any portion thereof, shall be issued by a municipality or any other public agency unless a CRC or ROC is issued by the Borough Engineer.

(11) During the non-growing season, as defined in the Standards for Soil Erosion and                Sediment Control in New Jersey (the Standards), or where seasonal or weather related constraints exist, or where the applicant's scheduling has prevented or delayed final stabilization (for example, completed site work during winter), the Borough Engineer may issue a CRC or ROC in accordance N.J.A.C. 2:90-1.14(k)1-3.

(12) Where the applicant has completed temporary stabilization and provided temporary erosion control measures in compliance with the certified soil erosion and sediment control plan, the applicant may request a CRC or ROC from the Borough Engineer. The Borough Engineer may also require the applicant to provide a performance deposit and enter into a performance agreement with the Borough Engineer to assure completion of final stabilization. In such instance, the Borough Engineer, at his option, may issue the CRC or ROC subject to the requirement that final stabilization be completed by the date indicated on the performance agreement such as, by the end of the next growing season, as defined in the Standards or such reasonable time period established by the Borough Engineer.  Upon receipt of the signed performance agreement and cash performance deposit, the Borough shall deposit the performance deposit into an interest bearing escrow account with interest to accrue to the benefit of the applicant. The applicant shall sign and deliver to the Borough, any and all forms required by the Borough or its bank to open and maintain such interest bearing escrow account.  Upon completion of final stabilization by the applicant, the Borough shall return such performance deposit with interest to the applicant minus the administrative costs         assessed by the Borough pursuant to the Borough Fee Ordinance. Upon the failure of the applicant to timely or satisfactorily implement the permanent stabilization in accordance with performance agreement and this section, the Borough Engineer shall           provide written notification of such failure to the applicant together with a demand that    such failure be fully cured within 10 calendar days of the date of such notification to the Borough Engineer's satisfaction or a later date established by the Borough Engineer. If          after such 10 calendar day period, or agreed-to time frame, such failure is not fully and properly cured to the Borough Engineer's satisfaction the Borough may utilize the applicant's performance deposit in order to contract for all work necessary or required to cure such failure and to complete all permanent measures in accordance with the performance agreement.

Section 5.             Chapter 102, Section 102-25 entitled “Violations and penalties” shall be amended to read in its entirety as follows:

§ 102-25.  Violations and penalties.

Any person who violates any of the provisions of this ordinance, and standard promulgated pursuant to this ordinance or fails to comply with the provisions of a certified plan shall be liable for a penalty of not less than $25.00 nor more than $3,000.00.   Each day during which it continues shall constitute an additional, separate and distinct offense.

Section 6.             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 7.             All Ordinances or parts of Ordinances, which are inconsistent herewith are hereby repealed to the extent of such inconsistency.

Section 8.             This Ordinance shall take effect immediately after final passage and publication in the manner provided by law.                                                                     

 

 

 

SEPTEMBER 10, 2012

Regular Minutes

Page Six

 

If adopted this Ordinance shall take effect after publication and passage as provided by law.

PUBLIC HEARING

 

Mayor Gormally opened the public hearing on the Ordinance 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.

With no one wishing to be heard, Mayor Gormally closed the public hearing on the Ordinance.

Council Member

By:

2nd

Yes

No

Abstain

Absent

By

2nd

Yes

No

Abstain

Absent

McWilliams

 

 

X

 

 

 

 

 

X

 

 

 

Holmberg

 

 

X

 

 

 

 

 

X

 

 

 

Jackson

 

X

X

 

 

 

 

 

X

 

 

 

Bravo

 

 

X

 

 

 

 

 

X

 

 

 

Shaw

X

 

X

 

 

 

X

 

X

 

 

 

Happer

 

 

X

 

 

 

 

X

X

 

 

 

Gormally

 

 

 

 

 

X

 

 

X

 

 

 



Introduced: July 23, 2012                                                                                

 

Adopted: 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.

 

SEPTEMBER 10, 2012

Regular Minutes

Page Seven

 

 

                § 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:

 

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.

 

 

 

 

 

 

 

 

SEPTEMBER 10, 2012

Regular Minutes

Page Eight

 

                § 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.

 

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 police 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.              Five years’ experience as a police officer.

ii.             Successful completion of a recognized supervisory/management program.

iii.            Effective January 1, 2001, 30 credit hours in a college curriculum approved by the Borough Manager.

iv.            Effective January 1, 2003, as 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)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).

 

 

 

SEPTEMBER 10, 2012

Regular Minutes

Page Nine

 

 

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.

 

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.                                            

 

If adopted this Ordinance shall take effect after publication and passage as provided by law.

PUBLIC HEARING

 

Mayor Gormally opened the public hearing on the Ordinance 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.

With no one wishing to be heard, Mayor Gormally closed the public hearing on the Ordinance.

Deputy Mayor Happer took exception with 26-12 section B and felt it should be deleted as it was no longer applicable.  Mr. Tovo explained that the Rogers Group, who is conducting the accreditation process for the Borough, felt it was important to continue to include this information in the updated Ordinance, as it offers a historical perspective and details the steps officers should have taken in order to become eligible for promotions.

 

 

 

 

 

 

 

 

 

 

 

 

SEPTEMBER 10, 2012

Regular Minutes

Page Ten

 

Council Member

By:

2nd

Yes

No

Abstain

Absent

By

2nd

Yes

No

Abstain

Absent

McWilliams

X

 

X

 

 

 

X

 

X

 

 

 

\Holmberg

 

X

X

 

 

 

 

X

X

 

 

 

Jackson

 

 

X

 

 

 

 

 

X

 

 

 

Bravo

 

 

 

 

 

X

 

 

X

 

 

 

Shaw

 

 

X

 

 

 

 

 

X

 

 

 

Happer

 

 

 

 

 

X

 

 

 

X

 

 

Gormally

 

 

X

 

 

 

 

 

X

 

 

 

 

 


Introduced: August 27, 2012                                                                          

 

Adopted: September 10, 2012

 

 

 

 

 

 

 

 

 

 

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.        

 

  

 

 

 

 

SEPTEMBER 10, 2012

Regular Minutes

Page Eleven

 

If adopted this Ordinance shall take effect after publication and passage as provided by law.

PUBLIC HEARING

 

Mayor Gormally opened the public hearing on the Ordinance 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.

With no one wishing to be heard, Mayor Gormally closed the public hearing on the Ordinance.

Council Member

By:

2nd

Yes

No

Abstain

Absent

By

2nd

Yes

No

Abstain

Absent

McWilliams

 

X

X

 

 

 

 

 

X

 

 

 

Holmberg

 

 

X

 

 

 

X

 

X

 

 

 

Jackson

 

 

X

 

 

 

 

 

X

 

 

 

Bravo

 

 

 

 

 

X

 

X

X

 

 

 

Shaw

X

 

X

 

 

 

 

 

X

 

 

 

Happer

 

 

 

 

 

X

 

 

X

 

 

 

Gormally

 

 

X

 

 

 

 

 

X

 

 

 

Introduced: August 27, 2012                                                                          

Adopted: September 10, 2012

 

 

 

 

 

 

 

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.      

 

 

SEPTEMBER 10, 2012

Regular Minutes

Page Twelve

 

If adopted this Ordinance shall take effect after publication and passage as provided by law.

PUBLIC HEARING

 

Mayor Gormally opened the public hearing on the Ordinance 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.

Khizar Sheikh – Warwick Road

Mr. Sheikh asked if this Ordinance would have any effect on political solicitation. Mayor Gormally replied no, it did not, nor could it. Mr. Murphy explained that the Ordinance better defined Borough procedures and required non-profit organizations to submit proof of their 501c3 status.

 

 

 

 

 

 

 

 

With no one wishing to be heard, Mayor Gormally closed the public hearing on the Ordinance.

Council Member

By:

2nd

Yes

No

Abstain

Absent

By

2nd

Yes

No

Abstain

Absent

McWilliams

 

 

X

 

 

 

 

 

X

 

 

 

Holmberg

X

 

X

 

 

 

 

 

X

 

 

 

Jackson

 

 

X

 

 

 

X

 

X

 

 

 

Bravo

 

 

 

 

 

X

 

 

X

 

 

 

Shaw

 

 

X

 

 

 

 

 

X

 

 

 

Happer

 

 

 

 

 

X

 

X

X

 

 

 

Gormally

 

X

X

 

 

 

 

 

X

 

 

 

Introduced: August 27, 2012                                                                          

Adopted: September 10, 2012

 

 

 

 

 

 

 

 

 

 

 

 

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:

                Section 1.             The several improvements described in Section 3 of this bond ordinance are hereby respectively authorized                 as general improvements to be made or acquired by the Borough of Mountain Lakes, New Jersey.  For the said several                 improvements or purposes stated in said Section 3, there are hereby appropriated the respective sums of money therein                 stated as the appropriations made for said improvements or purposes, said sum being inclusive of all appropriations                 heretofore made therefor and amounting in the aggregate to $911,425 including the aggregate sum of $36,550 as the several                 down payments for said improvements or purposes required by law and more particularly described in said Section 3 and now                 available therefor by virtue of provision in a previously adopted budget or budgets of the Borough for down payment or for                 capital improvement purposes and including also, in the case of the improvement or purpose described in paragraph (d) of                 said Section 3, the sum of $175,000 received or expected to be received from the New Jersey Department of Transportation                 as a grant-in-aid of financing said improvement or purpose.

                Section 2.             For the financing of said improvements or purposes and to meet the part of said $911,425 appropriations not                 provided for by application hereunder of said down payments and grant, negotiable bonds of the Borough are hereby                 authorized to be issued in the principal amount of $699,875 pursuant to the Local Bond Law of New Jersey. In anticipation of                 the issuance of said bonds and to temporarily finance said improvements or purposes, negotiable notes of the Borough in a                 principal amount not exceeding $699,875 are hereby authorized to be issued pursuant to and within the limitations prescribed                 by said Local Bond Law.

                Section 3.             The improvements hereby authorized and the several purposes for the financing of which said obligations                 are to be issued, the appropriation made for and estimated cost of each such purpose, and the estimated maximum amount of                 bonds or notes to be issued for each such purpose, are respectively as follows:

 

 

 

 

 

 

SEPTEMBER 10, 2012

Regular Minutes

Page Thirteen

IMPROVEMENT OR PURPOSE

APPROPRIATION
AND ESTIMATED COST

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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

 

285,000

104,500

SEPTEMBER 10, 2012

Regular Minutes

Page Fourteen

(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

 

 

 

                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:

                                                (a)The said purposes described in Section 3 of this bond ordinance are not current expenses and each is a                                                                 property or improvement which the Borough may lawfully acquire or make as a general improvement, and                                                         no part of the cost thereof has been or shall be specially assessed on property specially benefited thereby.

                                                (b)The average period of usefulness of said purposes within the limitations of said Local Bond Law and                                                     taking into consideration the respective amounts of the said obligations authorized for the several purposes,                                                                 according to the reasonable life thereof computed from the date of the said bonds authorized by this bond                                                       ordinance, is 20.22 years.

                                                (c)The supplemental debt statement required by said Local Bond Law has been duly made and filed in the                                                                 office of the Borough Clerk and a complete executed duplicate thereof has been filed in the office of the                                                          Director of the Division of Local Government Services in the Department of Community Affairs of the State                                                       of New Jersey, and such statement shows that the gross debt of the Borough as defined in said Local Bond                                                      Law is increased by the authorization of the bonds and notes provided for in this bond ordinance by                                                                 $699,875, and the said obligations authorized by this bond ordinance will be within all debt limitations                                                                 prescribed by said Local Bond Law.

                                                (d)Amounts not exceeding $70,000 in the aggregate for interest on said obligations, costs of issuing said                                                   obligations, engineering costs and other items of expense listed in and permitted under Section 40A:2-20 of                                                                 said Local Bond Law may be included as part of the costs of said improvements and are included in the                                                          foregoing estimate thereof.

 

 

SEPTEMBER 10, 2012

Regular Minutes

Page Fifteen

 

            Section 5.          The funds from time to time received by the Borough on account of the $175,000 grant referred to in Section                 1 of this bond ordinance shall be used for financing the improvement or purpose described in Section 3(d) of this bond                 ordinance by application thereof either to direct payment of the cost of said improvement or purpose, or to payment or                 reduction of the authorization of the obligations of the Borough authorized by this bond ordinance.  Any such funds so received                 may, and all such funds so received which are not required for direct payment of such costs shall, be held and applied by the                 Borough as funds applicable only to the payment of obligations of the Borough authorized by this bond ordinance.

                Section 6.             All bond anticipation notes issued hereunder shall mature at such times as may be determined by the Chief                 Financial Officer, provided that no note shall mature later than one year from its date.  The notes shall bear interest at such   rate or rates and be in such form as may be determined by the Chief Financial Officer.  The Chief Financial Officer shall               determine all matters in connection with the notes issued pursuant to this bond ordinance, and the Chief Financial Officer’s           signature upon the notes shall be conclusive evidence as to all such determinations.  All notes issued hereunder may be         renewed from time to time subject to the provisions of N.J.S.A. §40A:2-8.  The Chief Financial Officer is hereby authorized to                sell part or all of the notes from time to time at public or private sale and to deliver them to the purchasers thereof upon receipt      of payment of the purchase price plus accrued interest from their dates to the dates of delivery thereof.  The Chief Financial       Officer is directed to report in writing to the governing body of the Borough at the meeting next succeeding the date when any            sale or delivery of the notes pursuant to this bond ordinance is made.  Such report must include the principal amount, interest        rate and maturities of the notes sold, the price obtained and the name of the purchaser.

                Section 7.             The full faith and credit of the Borough are hereby pledged to the punctual payment of the principal of and                 interest on the said obligations authorized by this bond ordinance.  Said obligations shall be direct, unlimited obligations of the                 Borough, and the Borough shall be obligated to levy ad valorem taxes upon all the taxable property within the Borough for the                 payment of said obligations and interest thereon without limitation of rate or amount.

                Section 8.             The capital budget or temporary capital budget of the Borough is hereby amended to conform with the                 provisions of this ordinance to the extent of any inconsistency herewith and the resolutions promulgated by the Local Finance                 Board showing all detail of the amended capital budget or temporary capital budget and capital program as approved by the                 Director, Division of Local Government Services, are on file with the Borough Clerk and are available for public inspection.

                Section 9.             This bond ordinance shall take effect twenty (20) days after the first publication thereof after final adoption,                 as provided by said Local Bond Law.    

 

If adopted this Ordinance shall take effect after publication and passage as provided by law.

PUBLIC HEARING

 

Mayor Gormally opened the public hearing on the Ordinance 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.

With no one wishing to be heard, Mayor Gormally closed the public hearing on the Ordinance.

Mayor Gormally noted that, as previously discussed, it is important for the Administration to track expenditures against the actual bonded amounts. Mr. Tovo agreed.

Council Member

By:

2nd

Yes

No

Abstain

Absent

By

2nd

Yes

No

Abstain

Absent

McWilliams

 

 

X

 

 

 

 

 

X

 

 

 

Holmberg

 

X

X

 

 

 

 

 

X

 

 

 

Jackson

X

 

X

 

 

 

X

 

X

 

 

 

Bravo

 

 

 

 

 

X

 

 

X

 

 

 

Shaw

 

 

X

 

 

 

 

X

X

 

 

 

Happer

 

 

 

 

 

X

 

 

 

X

 

 

Gormally

 

 

X

 

 

 

 

 

X

 

 

 

 

Introduced: August 27, 2012                                                                  

Adopted: September 10, 2012

 

 

 

 

 

 

 

 

 

 

 

 

 

SEPTEMBER 10, 2012

Regular Minutes

Page Sixteen

 

11. DISCUSSION ITEM – BEST PRACTICES WORKSHEET CALENDAR YEAR 2012

 

      Mr. Tovo explained that the Best Practices Worksheet was an annual item. Some questions were repetitive and                some were new. The Governing Body must consider the Inventory at a public meeting, and the Municipal Clerk             must certify the consideration of same to the Division of Local Government Services. Mr. Murphy reminded the             Council that the final score affects the municipality’s ability to receive State aid. The Borough scored a 47 out of a             possible fifty (50), or ninety-four percent (94%).

 

      In response to a question by Councilman Jackson, Mr. Tovo said he answered “no” to the Pay to Play Ordinance             question, as Pay to Play is already state regulated, and the Borough does not have an Ordinance that is more             restrictive than the State’s rules.

 

      Deputy Mayor Happer asked Mr. Tovo to have Mr. Roberts, the Chief Financial Officer,  review questions #22 and             #31, as he felt they might be answered as “not applicable” instead of “yes”.

 

      The Council had a robust discussion regarding how to answer questions #45 and #46. Mr. Tovo answered “no” to             both these questions, one involving Workers Compensation policies and the other involving Disability policies. Mr.             Tovo is             currently in the process of updating the personnel manual, which will better define the Borough’s current policies and practices. The consensus of the Council was to leave these as “no” answers but to include    “municipality is evaluating” in the comments section of the Inventory.

 

12. *RESOLUTIONS    

      R108-12            Annual Audit Certification (carried from 8.27.12)

R114-12            Execution of Memorandum of Understanding – Housing Partnership for Morris County, Inc.

R115-12            Refund Overpayment of Taxes - Cohen

R116-12            Refund Overpayment of Taxes - Joyce

R117-12            Refund Overpayment of Taxes - Morrison

R118-12            Payment of Bills

 

13.*MINUTES

     August 27, 2012 (Executive)

     August 27, 2012 (Regular)

 

 

 

 

14.  *DEPARTMENT REPORTS

     Construction Official

     Department of Public Works

     Fire Department

     Health Officer

     Police Department

 

Council Member

By:

2nd:

Yes

No

Abstain

Absent

McWilliams

 

 

 

 

 

 

Holmberg

 

 

 

 

 

 

Jackson

 

 

 

 

 

 

Bravo

 

 

 

 

 

 

Shaw

 

 

 

 

 

 

Happer

 

 

 

 

 

 

Gormally

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SEPTEMBER 10, 2012

Regular Minutes

Page Seventeen

 

 

Prior to the roll call vote, Councilman Shaw asked to pull Resolution 108-12, Annual Audit Certification (carried from 8.27.12)

 

Regarding Resolution 114-12, Execution of Memorandum of Understanding – Housing Partnership for Morris County, Inc., the Council directed the Deputy Clerk to contact Susan Zellman and amend both the contract and Resolution to reflect the correct start date of January 1, 2012. Councilwoman Bravo reminded the Council that money from the Borough’s affordable housing trust should be utilized to pay for the Housing Partnership contract.

 

Councilman Shaw and Councilwoman Bravo presented minor changes to the minutes. The running list of redacted Executive Minutes was presented to the Council with the Draft Executive Minutes from August 27, 2012.

 

Consent Agenda (with amendment to Resolution 114-12)

 

Council Member

By:

2nd:

Yes

No

Abstain

Absent

McWilliams

 

X

X

 

 

 

Holmberg

X

 

X

 

 

 

Jackson

 

 

X

 

 

 

Bravo

 

 

 X

 

**

 

Shaw

 

 

X

 

 

 

Happer

 

 

 X

 

**

 

Gormally

 

 

X

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

**Deputy Mayor Happer and Councilwoman Bravo abstained from voting on the minutes.

 

Resolution 108-12, Annual Audit Certification (carried from 8.27.12)

 

On behalf of the Council, Deputy Mayor Happer said the Borough Council was aware of and had reviewed the comments (findings and recommendations) from the 2011 Audit and therefore was prepared to vote on the Audit Certification. Mr. Tovo explained that the Auditor and Chief Financial Officer (CFO) would be presenting the Corrective Action Plan to the Council at the September 24th meeting, and at that time would be available to discuss any other questions regarding the 2011 Audit.

 

Council Member

By:

2nd:

Yes

No

Abstain

Absent

McWilliams

 

 

X

 

 

 

Holmberg

 

 

X

 

 

 

Jackson

 

 

X

 

 

 

Bravo

 

 

X

 

 

 

Shaw

X

 

X

 

 

 

Happer

 

X

X

 

 

 

Gormally

 

 

X

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SEPTEMBER 10, 2012

Regular Minutes

Page Eighteen

 

15.      ATTORNEY REPORT

 

    Mr. Murphy had nothing to report.

 

16.     MANAGER REPORT

 

Mr. Tovo said a letter had been sent to all lakefront residents regarding the twenty-four (24) inch drawdown of the lakes which would commence October 1st. Only Mountain and Wildwood Lakes will be drawn down. The boards will be put back in and the valve closed by November 1st; sooner if the drawdown occurs more quickly than anticipated. The Canal will also be cleaned at this time. Mr. Tovo said unfortunately, supplemental funding was not available from FEMA or the USDA for this project.

 

Regarding the Borough phone system, Mr. Tovo said there had been a delay in the installation due to the implementation of a new voicemail program. He expected the project to be completed within the next few weeks.

 

Mr. Tovo told the Council he would supply a capital project information update at the next meeting.

 

17.     COUNCIL REPORTS

 

Zoning Board of Adjustment – Councilman Shaw told the Council that they would soon be presented with proposed changes to applications and fees.

 

Shared Services Sub-Committee – Councilman Shaw said the sub-committee recently met to take stock of potential shared service arrangements in order to determine which discussions deserved further consideration.

 

Web Committee – Councilman McWilliams mentioned that the Committee took the summer off but would be meeting next Wednesday and Mr. Tovo would be attending. Deputy Mayor Happer said he would like to see a timeline regarding updating the Borough website.

 

Solid Waste Committee – Councilman McWilliams reminded the Council that the bid opening was October 3rd. The Committee will start tackling some other issues (bulk waste, leaves and brush) now that the Request for Proposal has been finished. The Committee will also start meeting at the same specific date and time and publish this information in order to facilitate attendance by the public. Councilman Shaw suggested Councilman McWilliams present a Discussion Item at a future Council meeting so that the Council can develop a new mission statement for the Committee as an advisory body.

 

Lakes Management Committee – Councilwoman Bravo said the annual status of the lakes report would be presented on Tuesday, December 4th. In addition, the Committee has been discussing two items of concern: floating rafts and dogs on the beach. A Discussion Item regarding floating rafts will be forthcoming.

 

55 Plus – Councilman Jackson reported that the High School team, the Mountain Lakes Quiz Masters, would be attending the next meeting.

 

Health Commission – Councilman Holmberg said the Commission would be meeting tomorrow night. He also reminded the Council and residents that this was peak season for mosquitoes carrying West Nile Virus and to clean gutters and remove any standing water from property.

 

Finance Committee – Councilman Holmberg reported that the next meeting is to be held September 18th.

 

Historic Preservation Committee – Councilman Holmberg mentioned that the Committee is selling Centennial banners for $200. In addition, an Open House is planned for October 20th.

 

Environmental Commission – Deputy Mayor Happer said the Commission continues to work on the wellhead protection Ordinance.

 

Facilities/DPW Sub-Committee – Deputy Mayor Happer reported that the tracking of spending and completion dates for capital projects was discussed at the last meeting.

 

 

 

 

 

SEPTEMBER 10, 2012

Regular Minutes

Page Nineteen

 

 

Recreation Commission – Mayor Gormally expects that Recreation Director Celia Flynn will make a Borough Council presentation in October. He said this is an opportunity for Council members to present to the Commission what they have heard from residents about recreation offerings. He also said that the Commission has made progress in assuring that most recreation programs are now user subsidized. Councilman Jackson said it would be helpful if the financial information presented by Ms. Flynn included Borough expenses as well as Recreation Trust expenses; data from both would allow the Council a better view of the true cost of recreation expenses.

 

 

18.      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.

19.      ADJOURNMENT at 9:29 p.m.

Motion made by Councilman Shaw, second by Councilwoman Bravo, to adjourn the meeting at 9:29 p.m., with all members in favor signifying by “Aye”.

*Consent agenda

 

Attest: September 10, 2012

 

 

 

________________________________       _______________________________ 

Michele Reilly, RMC, Deputy Clerk                     Charles X. Gormally, Mayor