BOROUGH OF MOUNTAIN LAKES
March 12, 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 7:32 p.m.
2. ATTENDANCE AND FLAG SALUTE
All Council members were present except for Councilman Blair Bravo and Deputy Mayor Dan Happer, who were absent. Also in attendance were Borough Attorney Marty Murphy, Acting Borough Manager Robert Tovo, and Deputy Borough Clerk Michele Reilly.
3. EXECUTIVE SESSION RESOLUTION R47-12
· Matters Relating to the Purchase, Lease or Acquisition of Real Property
or the Investment of Public Funds – King of Kings
· Matters Relating to the Employee Relationship - Personnel
Motion made by Councilwoman Holmberg, second by Councilman Shaw, to enter into Executive Session with all members in favor signifying by “Aye”.
Motion made by Councilman McWilliams, second by Councilman Shaw, to close the Executive Session and return to the public portion of the meeting with all members in favor signifying by “Aye”.
4. PRESENTATION OF PROCLAMATION TO THE GIRL SCOUTS
Mayor Gormally announced that, with the consent of the Council, he would adjust the agenda so that the presentation of the proclamation to the Girl Scouts would be held before the Community Announcements.
Mayor Gormally offered public congratulations to the Girl Scouts present on their one hundred (100) year anniversary. He had the Scouts join him at the podium and read to them parts of the proclamation. He said he was particularly impressed with the fact that the Girl Scouts had 34,400 girls, grades K-12, enrolled in the program in Northern New Jersey. He also extended the thanks of a grateful community to the adult leaders who volunteered their time to make the program successful.
Girl Scout Service Unit Manager Linda O’Sullivan thanked the Borough Council for the proclamation and presented them with a signed pledge from the Scouts who attended the anniversary celebration at Island Beach. The pledge was themed “Girl Scout Forever Green Clean-Up Project”.
5. COMMUNITY ANNOUNCEMENTS
Councilman Holmberg announced that he and Deputy Mayor Happer had been in attendance at the Girl Scout ceremony at Island Beach last evening and praised the Scouts for a tremendous job and successful program.
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 still not entirely conforming when entering into their Executive Sessions. He asked the Council to look at the websites and minutes of the municipalities of Andover and Parsippany-Troy Hills. He offered his opinion that their minutes disclose much more detail about the Executive Sessions held in those towns without revealing anything he termed damaging. He asked for more dialogue between members of the public and the Borough Council.
With no one else wishing to be heard, Mayor Gormally closed the public comment portion of the meeting.
Mayor Gormally reminded Mr. Kanter that Resolution 47-12 specified precisely the Council’s reasons for holding an Executive Session.
7. *RESOLUTIONS
R 48-12 Redemption of Lien – Guadara
R 49-12 Redemption of Lien – Buchanan
R 50-12 Professional Services Contract Award for Borough Bond Counsel –
Hawkins, Delafield & Wood LLP
R 51-12 Professional Services Contract Award for Borough Dam Consultant – Ferriero Engineering, Inc.
R 52-12 Professional Services Contract Award for Lakes Management –
Allied Biological
R 53-12 Appointment of Borough Manager – Robert Tovo
R 54-12 Authorizing Application for Additional Funding for Lake Drive School
Roof Replacement Project to Morris County Historic Preservation Fund
R 55-12 Payment of Bills
8. *MINUTES
February 27, 2012 (Executive)
February 27, 2012 (Regular)
9. *DEPARTMENT REPORTS
A. Construction Official
B. DPW
C. Fire
D. Health Officer
E. Police
Prior to the roll call vote, Councilman Shaw asked to pull Resolution 50-12, Professional Services Contract Award for Borough Bond Counsel – Hawkins, Delafield & Wood LLP, from the Consent Agenda.
Councilman Jackson asked to pull Resolution 51-12, Professional Services Contract Award for Borough Dam Consultant – Ferriero Engineering, Inc. from the Consent Agenda.
Mayor Gormally asked to pull Resolution 53-12, Appointment of Borough Manager – Robert Tovo, from the Consent Agenda.
*CONSENT AGENDA
|
Council Member |
By: |
2nd: |
Yes |
No |
Abstain |
Absent |
|
McWilliams |
|
|
x |
|
|
|
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Holmberg |
|
|
x |
|
|
|
|
Jackson |
|
x |
x |
|
|
|
|
Bravo |
|
|
|
|
|
x |
|
Shaw |
x |
|
x |
|
|
|
|
Happer |
|
|
|
|
|
x |
|
Gormally |
|
|
x |
|
|
|
Resolution 50-12, Professional Services Contract Award for Borough Bond Counsel – Hawkins, Delafield & Wood LLP
Mr. Tovo said there was still one issue to be resolved before this professional services contract could be awarded, and it concerned the recent error regarding double borrowing on bonds. The consensus of the Council was to table this resolution until the next meeting.
Resolution 51-12, Professional Services Contract Award for Borough Dam Consultant – Ferriero Engineering, Inc.
Councilman Jackson asked Mr. Tovo if this was a completely new vendor, and Mr. Tovo replied it was. Councilman Jackson asked if this vendor would be working on the Wildwood Lake Dam project and if the vendor had any previous similar experience. Mr. Tovo said the vendor had completed other projects located in Lake Hopatcong and Byram Township. He is personally familiar with the work done and feels it is consistent with the spillways located in Mountain Lakes. Councilman Jackson asked if the size of the firm was deep enough, and Councilman Shaw said this was a mid-size firm and that he felt it was a good fit for the Borough, as they perform a lot of municipal work. Mayor Gormally asked the name of the principle and Mr. Tovo said it would be Paul Ferriero. Mr. Tovo said the main responsibility of the Dam Consultant would be to make sure the project measurements and designs are correct and also to handle the DEP reporting. Councilman Jackson asked about the timeframe for the completion of the project and Mr. Tovo said he expected it to be complete by the latter part of 2012.
|
Council Member |
By: |
2nd: |
Yes |
No |
Abstain |
Absent |
|
McWilliams |
|
|
x |
|
|
|
|
Holmberg |
|
|
x |
|
|
|
|
Jackson |
|
|
x |
|
|
|
|
Bravo |
|
|
|
|
|
x |
|
Shaw |
x |
|
x |
|
|
|
|
Happer |
|
|
|
|
|
x |
|
Gormally |
|
x |
x |
|
|
|
Resolution 53-12, Appointment of Borough Manager – Robert Tovo
Mayor Gormally said he wanted to let the public know that the Borough had undergone an extensive search process. The Search Committee, made up of three (3) members of the Council and some members of the public, had received between thirty-five and forty (35-40) resumes. It was the unanimous recommendation of the Search Committee to appoint Robert Tovo as the Borough Manager.
Mayor Gormally said it was important that the Borough understand the tremendous value it gains through Mr. Tovo’s appointment, which positions the Borough with a high caliber talent in a leadership role. Mr. Tovo has had a number of occasions to demonstrate his talent and commitment as a manager, even during times when he wasn’t in the Manager’s position. Additionally, since he has held the position of Acting Borough Manager twice, he has effectively held the job of Manager for a year. Mayor Gormally said that Mr. Tovo has demonstrated an ability to wear two hats as both the Acting Borough Manager and Police Chief. This dual role situation will not be long term; however, this structure gives Mr. Tovo the ability to fully engage as Borough Manager while transitioning the Police Department to a new Police Chief.
Members of the Borough Council endorsed the appointment. Councilman Jackson said he was very supportive, having watched Mr. Tovo perform twice as Acting Borough Manager. Councilman Shaw said he was enthusiastic about the appointment, having had the pleasure of working with Mr. Tovo during his term as Mayor, and felt the Borough was gaining an extremely competent Borough Manager. Councilman McWilliams thanked Mr. Tovo for all he had done for the Borough. Councilman Holmberg said Mr.Tovo has made the Borough proud with his performance during the recent crises from the two storms and the shooting incident. Mayor Gormally said that Councilwoman Bravo, although absent, had sent an email expressing her wholehearted support of the appointment.
Mr. Tovo will be sworn in as Borough Manager at the March 26, 2012 Borough Council meeting.
|
Council Member |
By: |
2nd: |
Yes |
No |
Abstain |
Absent |
|
McWilliams |
|
x |
x |
|
|
|
|
Holmberg |
|
|
x |
|
|
|
|
Jackson |
|
|
x |
|
|
|
|
Bravo |
|
|
|
|
|
x |
|
Shaw |
|
|
x |
|
|
|
|
Happer |
|
|
|
|
|
x |
|
Gormally |
x |
|
x |
|
|
|
10. ATTORNEY REPORT
Mr. Murphy had nothing to report.
11. MANAGER REPORT
Councilman Shaw asked Mr. Tovo about the DPW report and the amount of time spent on the scoreboards at the baseball and softball fields. Councilman Shaw said there appeared to be a lot of shared service items in this month’s DPW report. Mr. Prusina, DPW Director, reported that both Recreation and the schools use this facility.
Mr. Tovo said that the Federal EPA (FEPA) had visited the Borough on March 7, 2012 for a tabletop review of the Sanitary Sewer System. The visit was very successful and he gave special thanks to the Borough employees who were involved in preparing for the presentation. Mr. Tovo said it was reassuring to know that the Borough’s system is operating as it should. Councilman Jackson asked if the Borough had received any suggestions from FEPA and Mr. Tovo said they will be sent in writing; however two of the verbal suggestions had been a complaint tracking system and an emergency plan in the policy and procedure manual, both of which the Borough is in the process of implementing.
Mr. Tovo spoke about the professional appointments. The consensus of the Council was to allow Mr. Tovo to present the Auditor proposals to the Finance Committee and the Engineer proposals to the DPW Committee to seek input before making a final decision. Councilman Jackson asked how the process would work if the Borough did appoint a different auditor, and Mr. Tovo said that there would be a delineation of duties. The Borough’s current vendor, T.M. Vrabel Associates, would be responsible for the 2011 audit, which has not yet been started.
Mr. Tovo told the Council that he had met with the management of the Mountain Lakes Club and the Club was in favor of exploring different options besides placing swim ropes in the lake, providing their insurance carrier agreed to another solution. Mr. Tovo said the beach at the Mountain Lakes Club was staffed by lifeguards.
Mr. Tovo asked the Council if the Borough’s Tax Assessor, Rick Del Guercio, could make a presentation on March 26th instead of during the month of April, and the Council agreed.
In response to a question from Councilman Jackson, Mr. Tovo said his goal is to present the budget on March 26th.
12. COUNCIL REPORTS
Councilman McWilliams said he had recently had the pleasure of serving as the Borough’s representative to the Community Development Block Grant’s Housing Committee. He talked to the Council about a program called Hope House Operation Fix-it, which is designed to help seniors who need to engage the services of a contractor. He presented the brochure to Councilman Jackson, who is the liaison to the Fifty-Five Plus Committee.
Woodlands Committee – Councilman McWilliams had nothing new to report.
Library Committee – Councilman McWilliams had nothing new to report.
Website Committee – Councilman McWilliams reported an upcoming meeting.
Solid Waste Committee – Councilman McWilliams said the Committee had recently gone on a field trip to the Recycling Center in Mine Hill and had been impressed with how well a single stream system can work. Mayor Gormally asked about the Committee’s time frame and Councilman McWilliams said they hoped to have a Request For Proposal (RFP) to present in June. Councilman McWilliams will be composing a press release. Mr. Tovo said he has not yet heard back from the Denville administrator regarding their recent renewal of their solid waste contract.
DPW Committee – Councilman Shaw said there would be a meeting Thursday morning.
Shared Services Committee – Councilman Shaw said a meeting would be held on March 15th with the Township of Boonton.
Councilman Shaw reminded the other Council members of the tour of the Borough, which will be held on Saturday, March 24th at 9 am.
Councilman Shaw said that he and Councilman McWilliams would be attending the Morris County Economic Development Summit on March 14th, and that he already met the new Executive Director.
Councilman Shaw thought the Borough Council should issue a press release about the appointment of Mr. Tovo. Mayor Gormally will draft the release.
Finance Committee – Councilman Holmberg had nothing new to report.
Personnel Committee - Councilman Holmberg had nothing new to report.
Historic Preservation Committee – Councilman Holmberg reported a meeting this week.
Health Commission – Councilman Holmberg said the Commission is looking for a new member.
Fire Department – Councilman Jackson said the Fire Department was investigating the possible need for a different type of utility/emergency truck.
Planning Board – Mayor Gormally had nothing new to report.
13. 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 opined that the Borough’s Executive Session Resolution is wholly non-conforming and merely listing reasons for entering into an Executive Session is not allowed. He urged the Council to reconsider their appointment of the Borough attorneys. Mr. Kanter also brought up the issue of ADA compliance at Cove Park. He said that just because a meeting is open to the public does not excuse what the Committee does or does not do.
With no one else wishing to be heard, Mayor Gormally closed the public comment portion of the meeting.
14. EXECUTIVE SESSION RESOLUTION R47-12
· Matters Relating to the Purchase, Lease or Acquisition of Real Property
or the Investment of Public Funds – King of Kings
· Matters Relating to the Employee Relationship - Personnel
Motion made by Councilwoman McWilliams, second by Councilman Holmberg, to enter into a second Executive Session with all members in favor signifying by “Aye”.
Motion made by Councilman McWilliams, second by Councilman Holmberg, to close the second Executive Session and return to the public portion of the meeting with all members in favor signifying by “Aye”.
15. ADJOURNMENT at 9:26 p.m.
Motion made by Councilman McWilliams, second by Councilman Holmberg, to adjourn the meeting at 9:26 p.m., with all members in favor signifying by “Aye”.
Attest: March 12, 2012
___________________________ _____________________________
Michele Reilly, RMC, Deputy Clerk Charles X. Gormally, Mayor