BOROUGH OF MOUNTAIN LAKES

February 27, 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 7:31 p.m.

 

2.         ATTENDANCE AND FLAG SALUTE

 

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

 

3.         EXECUTIVE SESSION RESOLUTION R43-12

 

·         Matters Relating to the Employee Relationship - Personnel

 

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

 

Motion made by Councilman McWilliams, second by Councilman Holmberg, 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

 

Mayor Gormally announced that the Presentation of the Proclamation to the Girl Scouts would be postponed until the next Borough Council meeting, to be held on March 12th. Councilwoman Bravo pointed out that March 12th would be the actual 100th anniversary date of the founding of the Girl Scouts.

 

Mayor Gormally offered public congratulations to two (2) Eagle Scouts, Harrison Charwat and Alexander Dewing. Their ceremony will be held on March 18th.

 

Mayor Gormally told the Council that all members had been invited to participate in the Saint Patrick’s Day Parade in Morristown, which is taking place on Saturday, March 10th.

 

Councilwoman Bravo reminded the Council that Dr. Seuss Day would be celebrated on Friday, March 2nd and she would be a guest reader at Wildwood School.

 

5.         PRESENTATION OF PROCLAMATION TO THE GIRL SCOUTS

 

Postponed until March 12th, 2012.

 

6.         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.

 

 

Fred Kanter – Hanover Road

Mr. Kanter alleged that the Borough Council was not entering into their Executive Sessions legally and felt that the Borough Attorneys were not advising the Council properly as to the specifics of entering into Executive Session. He also mentioned that the Cove Park project is still not in compliance with the Americans with Disabilities Act (ADA). He said some of the agendas posted by the Cove Committee listed ADA compliance as an issue to be addressed. He felt that this issue had disappeared from their agendas and questioned why. 

 

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

 

Mayor Gormally reminded Mr. Kanter that Executive Sessions are advertised in advance on the published agenda of the Borough Council and deal only with such matters as permitted to be discussed in closed session by State statute.

 

7.         DISCUSSION ITEM

 

·         Janice Hunts Lifetime Achievement Award

·         Citizen of the Year Award

 

Councilman Holmberg commended Councilwoman Bravo for her comprehensive definition of the awards and the criteria for nomination. He also asked that the Clerk correct a spelling error for the 1985 Citizen of the Year winner, George Lillieholn. The consensus of the Council was that the Borough Clerk should update the forms to reflect 2012 dates and that the language regarding residency on the Janice Hunts application should reflect “how many years the resident has served the community”.

 

8.         ORDINANCE 01-12

 

ORDINANCE AMENDING CHAPTER 137 OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF MOUNTAIN LAKES AND PERMITTING PRIVATE CLUBS TO USE SWIMMING ROPES TO DESIGNATE SWIMMING AREAS

 

Following introduction, the above Ordinance will be published in accordance with the law and a public hearing will be held on March 12, 2012.

 

Councilman Shaw said the Ordinance was unacceptable as written and should contain parameters for a yearly permitting process. Mr. Tovo said the Ordinance should be revised to include a permitting process with the following requirements: location of the ropes, color of ropes or flags, size of the area to be roped off, distance from the shore, dates ropes will be placed and then removed, sketch of the sight, Manager’s approval. Mr. Bryce will redraft the Ordinance. Councilwoman Bravo stated that, as liaison to the Lakes Management Advisory Committee, she had been asked to publicly comment that Lakes Management was opposed to this Ordinance.

Council Member

By:

2nd

Yes

No

Abstain

Absent

By

2nd

Yes

No

Abstain

Absent

McWilliams

 

 

 

x

 

 

 

 

 

 

 

 

Holmberg

 

 

 

x

 

 

 

 

 

 

 

 

Jackson

X

 

 

x

 

 

 

 

 

 

 

 

Bravo

 

 

 

x

 

 

 

 

 

 

 

 

Shaw

 

 

 

x

 

 

 

 

 

 

 

 

Happer

 

x

 

x

 

 

 

 

 

 

 

 

Gormally

 

 

 

x

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

9.         *RESOLUTIONS

     R 40-12           Appointment to County Community Development Program

                             (tabled from 2/13/12)

     R 44-12           Fireman’s Application – Coan

     R 45-12           Formation of Solid Waste Committee

     R 46-12           Payment of Bills

 

10.       *MINUTES

     February 23, 2012 (Executive)

     February 23, 2012 (Regular)

 

Prior to the roll call vote, Mayor Gormally announced that Councilman McWilliams had agreed to accept the appointment to the County Community Development Program and that Resolution 40-12 should reflect this update.

 

Additionally, Councilman McWilliams requested that the Borough Clerk amend the minutes from February 13, 2012 to reflect shredding day as April 28th.

 

Council Member

By:

2nd:

Yes

No

Abstain

Absent

McWilliams

 

 

x

 

 

 

Holmberg

 

x

x

 

 

 

Jackson

 

 

x

 

 

 

Bravo

 

 

x

 

 

 

Shaw

 

 

x

 

 

 

Happer

x

 

x

 

 

 

Gormally

 

 

x

 

 

 

 

 

 

 

 

 

 

 

 

 

 

    

11.       ATTORNEY REPORT

 

Mr. Bryce had nothing to report.

 

12.       MANAGER REPORT

 

Mr. Tovo reported that he had visited 69 Tower Hill Road and that the rock wall located on Borough property did not appear to be a safety issue. The Council discussed the written request from the homeowner to obtain permission to remove the wall. The homeowner had been directed by the Board of Adjustment to request permission from the Council as part of the variance application. After much discussion, the Council determined that the removal of the wall was not necessary.

 

Mr. Tovo referred the Council to the information contained in the current personnel manual regarding sick leave and retiree health care benefits. The retiree benefits are applicable only to non-police retirees. Some members of the Council thought that the decision had previously been made to discontinue retiree health care benefits. Mr. Tovo will be providing a longevity census of current employees so that the Council can determine the impact on current employees if the benefit were to be eliminated. In addition, Mr. Tovo will provide an accurate cost analysis of retiree coverage, which would begin at age 62 (providing the employee was eligible for retirement) and should cease at the age of 65, when a retiree would be eligible for Medicare.

 

Mr. Tovo explained the current sick leave policy. An employee currently receives ten (10) sick days per year. Employees are not permitted to accumulate sick days or receive payment for unused sick time. An employee may qualify for short term disability after a seven (7) day waiting period. The Borough currently has disability policies through Unum. An employee qualifying for short term disability benefits is still compensated by the Borough; Unum reimburses the Borough for seventy-five percent (75%) of the employee’s wages, up to maximum amount of $750.00 per week. Disability lasting longer than fifty-two (52) weeks is considered long term. The consensus of the Council was to refer the review of the sick leave policy to the Personnel Committee, and they would arrange a meeting with Unum and/or the broker.

 

Acting Chief Financial Officer Norman Eckstein informed the Council that the Finance Committee had met. The Committee told Mr. Eckstein that the Borough has not paid down ten percent (10%) of its debt over the past two years. Although this is not a written Borough policy, it is a best practice recommendation and the Committee would like to reinstate this practice.

 

Mr. Eckstein also informed the Council that it appeared as though the Borough borrowed twice against Ordinance 06-09, holding two note sales in February and October of 2011. Mr. Eckstein said he was waiting for the bond counsel to give their recommendation on the best course of action for the resolution of this issue. The amount borrowed erroneously was $771,000. The Council wondered why the bond counsel did not advise the Borough that they were borrowing twice in error, and Mr. Eckstein agreed, stating that the Borough relies on its paid professionals for guidance.

 

Mr. Tovo told the Council he felt that the water and sewer utilities needed to be restructured. The goal would be that these utilities be able to fund their own infrastructure repairs and maintenance. Councilman Shaw felt that this was definitely a direction the Council should pursue. Deputy Mayor Happer said he had expressed at the Finance Committee meeting that he felt this issue should be reviewed over the course of the year and should not impact the 2012 budget. The consensus of the Council was to study this issue after the conclusion of the 2012 budget cycle.

 

Mr. Tovo referred the Council to the new format for the Five Year Capital Plan. Councilman McWilliams said the plan should include fire truck and/or engine replacement. Mr. Tovo said there would be no projection in this plan for new trucks or engines. Deputy Mayor Happer asked that the plan contain detail regarding the specific projects and their costs, with the intent that on a yearly basis the Council could review what monies had been spent and what projects had been accomplished. The consensus of the Council was that the administration should provide a long term plan with detail.

 

Councilman Jackson asked if unexpended monies that had been earmarked for capital projects could be used toward future capital projects. Currently the Borough has $745,000 in unexpended funds. Mr. Eckstein said yes; however, the recommendation of the administration was to use this money as current fund revenue in order to offset debt services. He said that using unexpended funds in this manner allows the Borough to aggressively make payments and pursue the policy of the Finance Committee.

 

Mr. Tovo reported that the average amount budgeted for capital projects is normally $800,000.

 

Mr. Tovo asked the Council to decide on a date for the Borough tour. The Council determined that they will meet at the DPW on Saturday, March 24th at 9:00 am, along with Mr. Tovo and Mr. Prusina. The tour is expected to be three (3) hours long. The Council will visit various Borough sites and facilities. No action will be taken.

 

13.       COUNCIL REPORTS

 

Historic Preservation Committee – Councilman Holmberg reported the Stagg Romine House had been demolished as planned. During the demolition, the tombstone of Daniel Romine had been found on the property. There were no remains found. The HPC was wondering where to house the tombstone. Councilman McWilliams suggested the library. Councilwoman Bravo remarked that a plaque should be placed next to the tombstone so that visitors to the library realize it’s just a marker and there are no remains. Councilman Holmberg said the draft ordinance regarding incentives for historic preservation would be forwarded to the Council shortly.

 

Finance Committee – Deputy Mayor Happer said the Committee’s issues had been previously covered earlier in the Council meeting.

Planning Board – Mayor Gormally reported the appointment of Paul Phillips as the new planner.

 

County Open Space Trust Fund Committee - Deputy Mayor Happer made a motion, second by Councilman Holmberg, to appoint Councilman Shaw to a three year term on the County Open Space Trust Fund Committee.

 

Solid Waste Committee – Councilman Shaw made a motion, second by Mayor Gormally, to appoint the attached list of members to the Solid Waste Committee, with the addition of any new members as necessary. Councilman Jackson added that Sandy Batty had expressed interest in joining the Committee.  Mr. Tovo said he was waiting for the Denville administrator to return from vacation and then he hoped to be able to get some information to provide to the Committee, as Denville just went through the bidding process. Councilman McWilliams, the Committee chair, said the Committee would be developing a questionnaire for the public.

 

Councilwoman Bravo asked Mr. Prusina to visit Crane Road behind the DPW. Flooding and erosion issues had been reported to her. Mr. Tovo said residents were dumping leaves and debris in their yard and he felt this might be the cause of the issues. He and Mr. Prusina will confirm.

 

Councilman Holmberg gave a synopsis of the 2012 Council goals and the use of the “dashboard” model. Mayor Gormally congratulated him on a great job and commented that he liked the way there was a focus on four major Council goals. Councilwoman Bravo said that she works with this model in the private sector, and although it takes a fair amount of work to set up the dashboard, the end result is very positive for both management and staff. Mr. Tovo said that the Borough is currently using this model in varying degrees, with the department heads and staff implementing the vision of the Council. Councilman Holmberg will work with Mr. Tovo to populate the major goals with input from department heads. Also, the Council liaisons will introduce the dashboard model to their respective Committees and Commissions by asking how their 2012 Committee/Commission plans reflect the Council goals.

 

Mayor Gormally mentioned that the Council needed to make reappointments to the Whippany River Watershed Action Committee. The current representatives are Brian Marshall and Ellen Emr. The Council will make appointments at the next meeting.

 

14.       PUBLIC COMMENT

 

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

 

Fred Kanter – Hanover Road

Mr. Kanter said that the Cove Committee meetings were open to the public. However, if no members of the public chose to attend the meetings, the Committee was still responsible for ADA compliance. He also questioned the legality of the Executive Sessions.

 

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

 

15.       ADJOURNMENT at 10:09 p.m.

Motion made by Councilman Shaw, second by Deputy Mayor Happer, to adjourn the meeting at 10:09 p.m., with all members in favor signifying by “Aye”.

 

Attest: February 27, 2012

 

 

 

___________________________                              _____________________________

Michele Reilly, Deputy Clerk                                      Charles X. Gormally, Mayor