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, 2011 and posted in the municipal building.

 

Deputy Mayor Dan Happer called the meeting to order at 7:30 p.m.

 

2.  ATTENDANCE AND FLAG SALUTE

All members were present except for Mayor Gormally  

Also in attendance were Attorney Marty Murphy, Borough Manager Barry Lewis, and Borough Clerk Christina Whitaker.

 

3.   EXECUTIVE SESSION Resolution 101

            WHEREAS, the Borough Council of the Borough of Mountain Lakes, County of Morris, State of New Jersey finds it necessary to discuss matters relating to:

 

·        Contract Negotiation - Weber Homes

 

            WHEREAS, the Borough Council believes it to be in the best interest of the public to discuss such matters in closed session.

 

            NOW, THEREFORE, BE IT RESOLVED by the Borough Council of the Borough of Mountain Lakes, that it shall enter Executive Session to discuss only those matters mentioned above; the results of which will be disclosed when the matters are resolved and upon vote of the Governing Body to release the minutes.

 

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

 

Motion by Councilman Shaw, second by Councilwoman Bravo, 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

The Council congratulated the Recreation Commission for arranging the concert at Island Beach which was well attended.

Councilman McWilliams reminded the Council and public that the Taste of Mountain Lakes was scheduled for September 9.

The Council discussed what plans should be made in the Borough to commemorate the 10th anniversary of the tragedy of September 11, 2001.

 

5. DISCUSSION/AUDITOR

RMA Tim Vrabel told the Council that it took an unusually long time to reconcile 2010 accounts because there had been a problem with record keeping. He said the changeover to new personnel created a problem because the new personnel had to go through a learning process.

He suggested that the finance office could use some part time clerical help.  He suggested a monthly report from the Finance Department to the Council on the status of the accounts and reconciliations.  He advised that the Council not act upon those reports but having them would help keep things on track.   

Councilman Jackson suggested the auditor might need to come in more often during the year. The Council said the Finance Committee should discuss how corrections will be made and report back to the Council. Councilman Holmberg said he would like the manager to give monthly reports.

 

6. PUBLIC COMMENT

       Deputy Mayor Happer opened the public comment portion of the meeting with consent of

       the Council.

 

       Deputy Mayor Happer 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 said years ago there was a NJ Superior Court decision that stated a municipality could not prohibit realtors’ signs. He said he hoped the Council would not ignore that fact as previous Councils have done. 

 

Mr. Kanter said the Council still was not complying with Judge Bozonelis’s court order regarding the release of minutes.

 

He was opposed to the concrete curbing at the cove, stating concrete curbing is not historic to the Borough as was stated by Council at a prior meeting. He said that most of Morris Avenue has no curbing.   He also complained that no one from the Cove Committee had responded to questions he had sent to members.

 

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

 

7. ORDINANCE

06-11

BOND ORDINANCE PROVIDING FOR VARIOUS CAPITAL IMPROVEMENTS OF THE BOROUGH OF MOUNTAIN LAKES, IN THE COUNTY OF MORRIS, NEW JERSEY, APPROPRIATING THE AGGREGATE AMOUNT OF $872,500 THEREFORE AND AUTHORIZING THE ISSUANCE OF $559,375 BONDS OR NOTES OF THE BOROUGH TO FINANCE PART OF THE COST THEREOF.

 If adopted this ordinance shall take effect after publication and passage as provided by law.   Public Hearing

Deputy Mayor Happer opened the public hearing on ordinance 06-11. With no one wishing to be heard, Deputy Mayor Happer closed the public hearing.

 

 

 

 

 

 

 

 

 

 

 

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

X

 

 

 

Shaw

 

X

X

 

 

 

X

 

X

 

 

 

Happer

 

 

X

 

 

 

 

 

X

 

 

 

Gormally

 

 

X

 

 

 

 

 

 

 

 

X

 

 

 

 

 

 

 

 

 

 

 

8. *RESOLUTONS

     R 92 Release of Executive Minutes - pulled by Councilman Shaw

     R 93 Approving PBA Local 310 Contractpulled by Mr. Lewis

     R 94 Authorizing Filing of NJDOT FY 2012 Local Aid Grant Application

     R 95 Authorizing Agreement with Tilcon for Road Resurfacing under MC Co-Op – pulled

     by Deputy Mayor Happer

     R 96 Approving $261,000 Grant Agreement with MC Historic Trust – Lake Drive – pulled

     by Councilman Shaw

     R 97 Refund of Taxes Due to Disabled Veteran

     R 98 Redemption of Lien

     R 99 NJ State Firemen’s Assoc./Tyler Michalowicz

     R 100 Payment of Bills

    

 9. *MINUTES

July 25, 2011 Regular

 

Consent Agenda as Amended 

 

Council Member

By:

2nd:

Yes

No

Abstain

Absent

McWilliams

 

 

X

 

 

 

Holmberg

 

 

 

X

 

 

Jackson

 

 

X

 

 

 

Bravo

 

X

X

 

 

 

Shaw

X

 

X

 

 

 

Happer

 

 

X

 

 

 

Gormally

 

 

 

 

 

X

 

 

 

 

 

 

 

 

 

 

 

 

 

 

    

R 92 Executive Minutes

 

Council Member

By:

2nd:

Yes

No

Abstain

Absent

McWilliams

 

 

X

 

 

 

Holmberg

 

 

X

 

 

 

Jackson

 

 

X

 

 

 

Bravo

 

X

X

 

 

 

Shaw

X

 

X

 

 

 

Happer

 

 

X

 

 

 

Gormally

 

 

 

 

 

X

 

 

 

 

 

 

 

 

 

 

 

 

 

 

10. DEPARTMENT REPORTS

A.     Construction Official

B.     Health

C.    DPW

D.    Police

E.     Fire

 

   11. ATTORNEY REPORT

   Mr. Murphy had nothing to report.

 

   12. MANAGER REPORT (hereto attached)

   Mr. Lewis said he had spoken with a State official who said that the moratorium on additional

   water hookups in the Borough would automatically disappear if August usage figures were     

   in compliance. 

 

  Mr. Prusina brought in a sample white retro-reflective street sign with black lettering for the

  Council to see. The question is whether the sign will receive approval from the State. The

  County has said the color is permitted.  Mr. Prusina said he made an appointment with the

  DOT office in Trenton and made a special trip to discuss the sign color with DOT. He said he

  was unable to get the DOT to officially approve the color. He said he will now approach this

  from the federal level but will not have the signs made until he has written approval.

 

 The Council discussed the Cove project. The temporary boat ramp installed will be made

 permanent since the residents found it useful.

 

 The Council discussed having an ecumenical service at the 9-11 memorial at Birchwood Lake

 on September 11th.

 

3. COUNCIL REPORTS

Shared Services: Barry Lewis—BOE; Stephen Shaw –Boonton Twp

Councilman Shaw said the Committee met last month and will meet again on August 31st.

Boonton Township officials said they had received a good response to their survey and will now review those responses.

 

The Lakes Management Committee is developing a policy on lowering lake levels, including a regular draw down every three years.

The Committee is reviewing the ordinances in order to make a recommendation on a request by the Mountain Lakes Club regarding roping off specific areas of the lake.

 

Councilman McWilliams reminded the Council and members of the public about the Centennial event, “Taste of Mountain Lakes” set for September 9th.

 

The Environmental Commission continues to work on the ERI.

 

Councilman Holmberg said the Web Site Committee is working on ways to maximize the town’s web site.

 

14. PUBLIC COMMENT

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

 

Fred Kanter – Hanover Road

Mr. Kanter said he believed the Council was in violation of a court order by Judge Bozonelis regarding the release of Executive Minutes. He threatened to file a motion to enforce the decision of the court or file a contempt of court against the Council.  

 

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

 

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

 

Motion by Councilwoman Bravo, 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.”

 

15. ADJOURNMENT 

Motion by Councilman Shaw, second by Councilwoman Bravo, to adjourn the meeting at 10:31 p.m., with all members in favor signifying by “Aye.”

 

 

*Consent Agenda

Attest: August 22, 2011

 

________________________________       _______________________________ 

Christina Whitaker, Clerk                                 Dan Happer, Deputy Mayor