BOROUGH OF MOUNTAIN LAKES

MARCH 26, 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 except for Councilman Doug McWilliams, who arrived at 7:32 p.m. Also in attendance were Borough Attorney Bob Oostdyk, Borough Manager Robert Tovo, and Deputy Borough Clerk Michele Reilly.

 

3.         EXECUTIVE SESSION RESOLUTION R56-12

 

·         Matters Relating to Litigation, Negotiations and the Attorney-Client Privilege

-       Tax Assessor Presentation

 

Motion made by Deputy Mayor Happer, second by Councilwoman Bravo, 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.         COMMUNITY ANNOUNCEMENTS

 

Councilman Shaw noted the passing of long-time employee Joe Montemarano, the Borough’s former Construction Official. Councilman Shaw said Mr. Montemarano was a very enthusiastic man who had earned a tremendous amount of respect in his field and who had served the Borough well.

 

Councilwoman Bravo mentioned the Recreation Department was sponsoring an Easter Egg Hunt on Saturday, April 7th.

 

Councilman Jackson said the fiftieth (50th) annual Trout Derby would be held on April 23rd.

 

5.         OATH OF OFFICE – ROBERT TOVO, BOROUGH MANAGER

 

Mayor Gormally spoke to those in attendance about the extensive search process for the Borough Manager position, which was led by the Search Committee. He said that after the formal search process, during which the Committee reviewed between thirty-five and forty (35-40) resumes, Mr. Tovo stood out as the best candidate. The Search Committee unanimously recommended the appointment of Mr. Tovo as the Borough Manager, and Mr. Gormally said their efforts have led to a result that is a tremendous benefit to the municipality.

 

Mayor Gormally then administered the Oath of Office to Mr. Tovo.

 

Mr. Tovo gave a small speech and thanked his friends and family, as well as his colleagues. He mentioned that he has been a Borough employee for twenty-six (26) years, and he was very appreciative of the faith and confidence shown in him by the Borough Council and his co-workers.

 

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.

 

Harry Wang – Glen Road

Mr. Wang spoke to the Council about Shen Yun, a classical Chinese performance dedicated to portraying the authentic heritage of the Chinese culture. He mentioned that a class from Briarcliff school had seen this presentation in New York City, and that it would be presented again at Lincoln Center from April 18-22. He encouraged the Council and audience members to attend.

 

Bill Bethke – Lake Drive

Mr. Bethke talked about double bonding. He said he was troubled after reading about this issue and hoped that better controls were being implemented. He wondered if procedures were in place to monitor usage of Borough resources and equipment, such as garbage bags and snowplows.

 

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

 

Mayor Gormally asked Mr. Tovo to summarize the double bonding issue. Mr. Tovo explained that the Borough’s bond counsel failed to determine that the Borough had already borrowed money against this particular bond ordinance. The bond counsel’s tracking system failed and they admitted this in a letter they sent to Mr. Tovo. In addition, the bond counsel did not charge the Borough for any costs associated with this duplicate sale.

 

7.         *RESOLUTIONS

R 50-12           Professional Services Contract Award for Borough Bond Counsel –

Hawkins, Delafield & Wood LLP

R 57-12           Redemption of Lien – Guadara

R 58-12           Redemption of Lien – Palazzi

R 59-12           Emergency Temporary Appropriations

R 60-12           Interlocal Health Services Agreement – Township of Montville and

                        Township of Montville Board of Health

     R 61-12           Payment of Bills

 

8.         *MINUTES

     March 12, 2012 (Executive)

     March 12, 2012 (Regular)

 

Prior to the roll call vote, Councilman Holmberg asked to pull Resolution 58-12, Redemption of Lien - Palazzi, from the Consent Agenda, due to a personal conflict.

 

Deputy Mayor Happer asked to pull Resolution 59-12, Emergency Temporary Appropriations, from the Consent Agenda.

 

Councilman Shaw asked to pull the Executive Minutes from the Consent Agenda. Councilman Jackson presented non-substantive changes to the Regular Minutes.

 

Councilman Jackson asked about the procedure if the $4000 allocated to the Borough Bond Counsel contract was exceeded. Mr. Oostdyk said the contract would then have to be amended by the Borough Council.

 

Councilman Jackson inquired about the percentage increase for the cost of the Interlocal Health Services Agreement. Mr. Tovo said the cost had increased by two percent (2%). Councilman Shaw said it would be beneficial if, in the future, the cost of the previous contract was give to the Council as a point of reference.

 

 

*CONSENT AGENDA

 

Council Member

By:

2nd:

Yes

No

Abstain

Absent

McWilliams

 

 

x

 

 

 

Holmberg

 

 

x

 

 

 

Jackson

 

 

x

 

 

 

Bravo

x

 

x

 

 

 

Shaw

 

x

x

 

 

 

Happer

 

 

x

 

 

 

Gormally

 

 

x

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Resolution 58-12, Redemption of Lien – Palazzi

 

Council Member

By:

2nd:

Yes

No

Abstain

Absent

McWilliams

 

 

x

 

 

 

Holmberg

 

 

 

 

x

 

Jackson

 

 

x

 

 

 

Bravo

 

 

x

 

 

 

Shaw

x

 

x

 

 

 

Happer

 

x

x

 

 

 

Gormally

 

 

x

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Resolution 59-12, Emergency Temporary Appropriations

 

Mr. Tovo said this Emergency Temporary Appropriation was projected to cover expenses through the end of June, at which point the budget should be adopted. The other option would be to do a monthly emergency temporary appropriation.

 

Council Member

By:

2nd:

Yes

No

Abstain

Absent

McWilliams

 

 

x

 

 

 

Holmberg

 

 

x

 

 

 

Jackson

 

 

x

 

 

 

Bravo

 

x

x

 

 

 

Shaw

 

 

x

 

 

 

Happer

x

 

x

 

 

 

Gormally

 

 

x

 

 

 

 

 

 

 

 

 

 

 

 

 

 

    

 

 9.        ATTORNEY REPORT

 

Mr. Oostdyk had nothing to report.

 

10.       MANAGER REPORT

 

Mayor Gormally indicated that Mr. Tovo’s speech would suffice as the Manager’s Report for this meeting.

 

11.       COUNCIL REPORTS

 

Historic Preservation Committee  (HPC)– Councilman Holmberg said the Committee was interested in the Council’s determination as to whether or not they would be the recipients of the remainder of the funds raised by the Centennial Committee. Mayor Gormally said it has been the consistent recommendation of the Centennial Committee that the money be donated to the HPC. Councilman Shaw reminded the Council that a formal decision had not been made, and that the Council should not make a decision until the budget had been presented, as the Borough may need to designate those funds for other uses.

 

Finance Committee – Deputy Mayor Happer said the Committee had a recent, very productive meeting. Councilman Jackson said he would appreciate a budget update at the next Borough Council meeting.

 

Facilities Committee – Councilman Shaw spoke about the Borough Council’s bus tour of the Borough last Saturday. He felt that this tour should remain an annual event, and that the opportunity to see the Borough infrastructure first-hand was invaluable and provided real information for the Council to consider as capital projects were discussed throughout the year.

 

Councilman Shaw mentioned that he and Councilman McWilliams attended the Morris County Economic Development meeting on March 14th and that he would give Mr. Tovo the information he had gathered.

 

Councilman Shaw also attended his first Open Space Committee meeting as the Borough’s representative. He said this will be an extensive commitment as the Committee metes out grant money to the entire County.

 

Councilman Shaw reminded the rest of the Council to mark their calendars for Friday, April 27th. Briarcliff School would once again be hosting a government day, and Councilman Shaw would be coordinating the attendance of the Borough Council and Manager.

 

Shared Services Committee – Councilman Shaw said a meeting had been held on March 15th with the Township of Boonton.

 

Planning Board – Mayor Gormally said he expected the Planning Board to send a land use ordinance to the Borough Council. If adopted, this ordinance would facilitate zoning incentives for the preservation of Hapgood homes.

 

Recreation Commission – Mayor Gormally said the Commission had four (4) vacancies.

 

Memorial Day Committee – Mayor Gormally said the Committee is in need of a chair person.

 

Councilwoman Bravo reminded the community to nominate residents for the Citizen of the Year and Janice D. Hunts awards.

 

12.       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.

 

13.       ADJOURNMENT at 8:43 p.m.

Motion made by Councilman Shaw, second by Deputy Mayor Happer, to adjourn the meeting at 8:43 p.m., with all members in favor signifying by “Aye”.

 

Attest: March 26, 2012

 

 

 

___________________________                              _____________________________

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