BOROUGH OF MOUNTAIN LAKES

September 12, 2011

8:00 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, 2011 and posted in the municipal building.

Councilwoman Bravo called the meeting to order at 8:00 p.m.

2. ATTENDANCE AND FLAG SALUTE

All Council members were present except for Deputy Mayor Happer, who arrived at 8:12 p.m., and Mayor Gormally and Councilman Jackson, who were absent. Also in attendance were Borough Attorney Marty Murphy, Borough Manager Barry Lewis, and Executive Assistant Michele Reilly.

3. COMMUNITY ANNOUNCEMENTS

On behalf of the Borough Council, Councilwoman Bravo extended thanks to Police Chief Bob Tovo, DPW Director Mark Prusina, and Fire Chief Joe Mullaney and their teams for their efforts during Hurricane Irene. Councilman Holmberg recognized the Borough Hall staff and also the Mountain Lakes Club and Mountain Lakes High School. He commended the Borough for its great job in communicating to residents during the past month, citing the Broadcast Emails in reference to Hurricane Irene and the recent crime spree. Councilman Shaw pointed out that the firefighters are all volunteers, and Councilman McWilliams was hopeful more people would consider joining the Fire Department.

Councilwoman Bravo offered a big thank you to the Taste of Mountain Lakes Committee for their recent Centennial Event.

Councilman Shaw recognized the commemoration of the tenth (10^th) anniversary of September 11, 2001, and the ceremony held by the Reverends Chuck and Adele Hatfield and Reverend Audrey Leef at the Borough Memorial at Birchwood. He said the ceremony was a very appropriate recognition and very well attended. Councilwoman Bravo commended the DPW and the Garden Club for their efforts.

4. 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.

Mike Feigeles – Boulevard

Mr. Feigeles expressed his appreciation for the email communications during Hurricane Irene, as well as for the Borough’s efforts in collecting storm damaged items and food. He told the Council that he was frustrated that the minutes from the July meeting had only just been posted. He felt that the minutes and the agenda should be posted in a timely manner and doing so would help residents stay informed, especially those who could not attend Borough Council meetings. Finally, he said the recent Neighbor News article regarding the procedural problems during the Borough audit had him very concerned.

Shawn Bennett – Delegate, Mountain Lakes PBA 310

Detective Bennett expressed the Police Department’s appreciation for the assistance they received from the Public Works Department and the Borough Hall during Hurricane Irene. He then read a prepared statement on behalf of the members of the Mountain Lakes PBA Association. They requested the immediate implementation of the recent salary increase awarded by the arbitrator, as well as the processing of any pay owed since the beginning of the contract term. Additionally, they asked the Borough Council to provide raises for the other Borough employees.

Mr. Lewis explained that he had just received confirmation Friday from the PBA attorney that all the monetary calculations had been agreed upon. Therefore, the pay adjustments would be processed with the next payroll.

Alexander Krasnomowitz – President, Mountain Lakes Club

Mr. Krasnomowitz explained that the area that the Club is requesting to have cordoned off is 75 feet by 30 feet (75x30). Also, the Lake is tested for bacteria every seven to ten days.

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

5.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 $872,499.59 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

Councilman Shaw expressed his dismay that the public hearing was being repeated due to the fact that the bond ordinance had been improperly published. In addition, he pointed out an error in language on page 4, paragraph h.

Mr. Lewis said the publication error was discovered when the package was being compiled for the bond attorney, and that the bond attorney had recommended holding another public hearing. In addressing Councilman Shaw’s concerns, Mr. Lewis said the Clerk had implemented a new procedure to prevent further errors. A confirmation of publication from the newspaper will accompany the Borough Council packet. Mr. Lewis said the error impacted business only to the extent that capital projects would be delayed by a few weeks.

Regarding the error in language, Mr. Murphy said the change would be minor and no re-advertisement was necessary.

ORDINANCE 06-11

Council Member

By:

2^nd

Yes

Abstain

Absent

2nd

Yes

Abstain

Absent

McWilliams

Holmberg

Jackson

Bravo

Shaw

Happer

Gormally

6. DISCUSSION

A. Request by Lakeland Hills Family YMCA/Pink Ribbons on Trees

Deputy Mayor Happer said that the Borough policy currently prohibits placing ribbons on trees, and the question before the Council was whether or not they wished to grant the request by the YMCA. The request involved tying pink ribbons on trees in the Borough during the month of October to raise awareness of breast cancer. Mr. Murphy reminded the Council they were not simply discussing policy but in fact an ordinance, 102-35 3(b). However, the ordinance was designed to ensure the preservation and protection of trees; therefore, he felt that the ordinance was not really applicable in this situation as tying ribbons on trees would not damage them. He also reminded the Council that whatever decision was made applied only to trees located within the Borough right of way and not to those located on residential properties.

Much discussion ensued among Council members. There was unanimous support for the cause and the desire to be part of raising breast cancer awareness; however, there was also concern that approving this request would lead to continued requests by other organizations. Deputy Mayor Happer pointed out that the request actually came from the YMCA, and that they were partnering with the Komen Organization. The Council felt that it was important to make the distinction to the community that although they would like to support the organization, they were seriously considering the request because of a desire to support the YMCA, as it is a big partner in the Mountain Lakes community. Therefore, the consensus of the Council was to allow the request by the YMCA. The direction given to Mr. Lewis was to communicate with the YMCA and define the parameters for their request, for example, tying the ribbons and not stapling them to the trees. Mr. Lewis said the YMCA was willing to abide by whatever parameters were set by the Borough.

B. Request by Mountain Lakes Club/Swimming Ropes

As the liaison to the Lakes Management Committee, Councilman Shaw led the discussion and reported that the Mountain Lakes Club had cordoned off a swimming area in Mountain Lake with floating rope, in violation of Ordinance 137-3(f). After a discussion with the Borough Manager, the Club had sent a letter to the Borough requesting that they be able to continue this practice. The Lakes Management Committee was made aware of the request and sent a letter to the Borough Council asking that the Club be denied due to concerns about setting a precedent, the size of the area to be cordoned off, and bacteria testing. Councilman Shaw reminded the Council that the Club is a successful asset to and a long standing member of the community, and that they had opened their facilities to the entire Borough, not just their membership, during Hurricane Irene.

Mr. Murphy told the Council that if the Club’s request merely concerned guide ropes, the ordinance may not have been applicable. However, after conversations with the Borough Manager, he realized there was a floating raft involved. Therefore, he felt the best option for the Council would be to amend the current ordinance and maintain controls via a permitting process. In response to questions about the Borough’s liability if they allowed the Club to maintain a swim area in Mountain Lakes, Mr. Murphy said the Borough’s only involvement would be the approval of the permit and as such, the Borough had immunity under the torts act. Mr. Murphy also said that there was a clear distinction between quasi-public entities and residential properties and approving the Club’s request would not set a precedent for homeowners.

The consensus of the Council was that Mr. Lewis and Mr. Murphy should work on drafting an amendment to the ordinance with a specific permitting process to allow the Borough to maintain controls. Once the ordinance is drafted, the Lakes Management Committee will be asked for input.

C. Executive Minutes/Running List

Mr. Murphy said he reviewed the current Borough policy regarding the release of executive minutes and the court decision by Judge Bozonellis (Kanter vs. Borough of Mountain Lakes). He felt that the running list of executive minutes maintained by the Clerk was sufficient, although improvements could be made. Councilman Holmberg had questions regarding the release of draft minutes and thought they should be posted on the Borough website. Mr. Murphy reminded the Council that minutes are made available to the public at the Borough Hall, and that the law only requires availability so the Borough is complying. Mr. Lewis made the distinction that draft minutes are not official and are subject to modification and should not be maintained on the website. The Council agreed.

The consensus of the Council was that current list of executive minutes should continue to be maintained, with the exception that any minutes marked “permanently redacted” could be maintained on a separate list designating all permanently redacted minutes. Further, the list sorted by topic will be reviewed at each meeting that Executive Session minutes are being reviewed for approval. A determination will be made as to the approval of the release of any redacted information.

7. *RESOLUTIONS

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

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

R 102 – Volunteer Fireman/Lawson

R 103 – Refund of Overpayment of Taxes/Pojanowski & Trawinski

R 104 – Refund of Overpayment of Taxes/Oey

R 105 – Payment of Bills

8. *MINUTES

August 22, 2011 Regular

August 22, 2011 Executive

Prior to the roll call vote, Councilman Shaw asked that Resolution 95-11, Authorizing Agreement with Tilcon for Road Resurfacing Under MC Co-op, be pulled from the Consent Agenda.

Councilman Shaw asked Mr. Lewis for clarification regarding Resolution 96-11, Approving $261,000 Grant Agreement with MC Historic Trust – Lake Drive. This Resolution was pulled from the agenda at the last Borough Council meeting and Councilman Shaw wanted to make sure the Board of Education was in agreement with the Borough Council regarding this project as it was a shared service agreement. Mr. Lewis said that he was advised by Mr. Prusina that the Board of Education had approved the contribution of their share of the grant money and Mr. Dan Borgo, Business Administrator, would be providing documentation to that effect.

*CONSENT AGENDA

Council Member	By:	2^nd:	Yes	No	Abstain	Absent
McWilliams			X
Holmberg		X	X
Jackson						X
Bravo			X
Shaw	X		X
Happer			X
Gormally						X

RESOLUTION 95-11

Councilman Shaw remarked that he was under the impression that a letter was forthcoming from Borough Engineer Bill Ryden regarding the final pricing on this project. Mr. Lewis said he had just received a fax from the contractor, Tilcon, which Mr. Ryden had reviewed and approved. The $190,000 specified in the Resolution covers the estimated cost of the project, and the final cost of the contract is based on actual quantities of materials used. Mr. Lewis said the $200,000 grant he obtained for the Intervale Road project would cover the project at almost one hundred percent (100%).

Council Member	By:	2^nd:	Yes	No	Abstain	Absent
McWilliams			X
Holmberg			X
Jackson						X
Bravo		X	X
Shaw	X		X
Happer			X
Gormally						X

9. DEPARTMENT REPORTS

A. Construction Official

B. Health

C. Police

D. Fire

Councilman Shaw commented on how busy the Fire Department had been during Hurricane Irene. Councilman Holmberg called attention to the many man hours volunteered by the firefighters. He once again thanked the Police, Fire, and Public Works Departments for their efforts.

Councilman McWilliams, a volunteer firefighter, remarked on the lack of concern the public seemed to have for their own safety. He hoped that in the future, individuals would show a little more responsibility during an emergency, for example, staying indoors. He expected a multi-agency discussion would be held shortly to assess performance during the Hurricane so the Borough would be better prepared for the next event.

Deputy Mayor Happer questioned Mr. Lewis about the police overtime. Mr. Lewis said he had no concerns from a budgetary stand point, and the overtime for August was higher due to vacation coverage and storm related issues. The good news was that the Borough could anticipate some FEMA reimbursement for storm related overtime for both the Police and Department of Public Works.

10. ATTORNEY REPORT

Mr. Murphy had nothing to report.

11. MANAGER REPORT

Mr. Lewis echoed the Council’s comments and said all departments had done an outstanding job during Hurricane Irene. He thanked Executive Assistant Michele Reilly for coordinating the Broadcast Emails. He said the DPW and Police track their overtime hours and FEMA should reimburse about seventy-five percent (75%) of the overtime. In addition, the Borough could expect to receive some equipment reimbursement from FEMA, as well as reimbursement for damage to the infrastructure, such as the repairs needed at the wells in Denville that sustained damage. There is also the possibility that the State may make funds available to cover the twenty-five percent (25%) shortfall.

Mr. Lewis reported that since water consumption was within limits in August, the Borough has now successfully completed five (5) years of compliance with water restrictions and should be free of the DEP moratorium. Mr. Ryden has sent a letter and documentation to the DEP and Mr. Lewis is expecting to receive a letter in return stating the moratorium has been lifted.

Mr. Lewis said that the energy upgrades due to take place at the Borough Hall last week were delayed because of the storm and have been rescheduled for Wednesday.

Mr. Lewis and Mr. Prusina met with Tilcon and Mr. Hamberger regarding the Intervale Road project. He and Mr. Prusina will be meeting tomorrow with representatives from the condominiums. The expectation is that these paving projects will be done by the end of September.

Mr. Lewis filed a NJDOT Local Aid Grant Application for paving Briarcliff and Powerville Roads. He said he is hopeful that the Borough will receive the $250,000 he applied for.

Mr. Lewis reviewed a demonstration and received a proposal from PubWorks in reference to software for the Department of Public Works. He expects the implementation of the program to take place during the third week of October. This will allow the Department a two month transition period in order to be fully operational beginning January 1, 2012.

Mr. Lewis and Mr. Prusina also met with 3M regarding retro-reflective street signs.

Mr. Lewis called the Council’s attention to the Best Practices checklist which was included in the Council packet. As the CFO, he is required to review and submit this checklist to the State on behalf of the Borough. The Clerk is also required to issue a certification stating that the Best Practices checklist was discussed at a public meeting. A score of 41 or higher entitles the municipality to one hundred percent (100%) of State Aid, and the Borough received a score of 46.

During subsequent discussion regarding Best Practices and how the Borough could improve, Mr. Lewis said the Borough will hold its next auction on-line so as to be in compliance with the Best Practice line item. The Council also thought a yearly joint public meeting with the Board of Education should be a Council priority. Deputy Mayor Happer requested quarterly reports on the status of the budget and revenues from the Borough Manager. Councilwoman Bravo asked about the status of the Borough’s Emergency Management plan, and Mr. Lewis said the Borough is in the process of updating it. The Local Emergency Planning Committee (LEPC) has quarterly meetings, and the OEM Coordinator, Chief Tovo is in charge of setting the meeting schedule. Councilman Shaw asked Mr. Murphy if the Borough had its own Pay-to-Play ordinance, and Mr. Murphy said no, the Borough operated under the Pay-to-Play policy set by the State, as do most municipalities.

Councilman Shaw asked Mr. Lewis if he was aware of the drainage issue at the Cove. Mr. Lewis said he and Mr. Prusina had discussed this and will be determining a solution with Mr. Ryden. Councilman Holmberg would like to see a specific date reserved for the dedication of this legacy project. Mr. Lewis will work with Mr. Prusina to have the plaque and the post and chain fencing placed at the Cove.

Councilman Shaw wondered why the Police Contract, which was pulled from the last meeting, had not been placed on the agenda for this Council meeting. In addition, he inquired about the necessity of a salary resolution for the Police. Mr. Lewis said the contract should be included on the next meeting agenda since the PBA Attorney had just recently agreed to and signed off on the contract changes that were made after the arbitration decision. Also, there was no specific salary resolution necessary for the Police, since their salaries are set by the contract; however, Mr. Lewis planned to present the Council with a salary resolution for the other Borough employees at the next meeting.

Councilwoman Bravo asked Mr. Prusina to check on two large potholes, one at the intersection of Midvale Road and Crescent Drive, and one at the intersection of Crescent Drive and Grove Place. Councilman Holmberg reminded Mr. Lewis about the line of sight issue at the intersection of Hanover and Glen Roads, and Mr. Lewis said the ordinance did not apply to tree growth. He told Councilman Holmberg that he would keep an eye on that intersection and also that he would respond via email to the resident who made the complaint.

Councilman Shaw remarked that he was disappointed in some of the citizens of Mountain Lakes regarding the abuse of the dumpster at the DPW. After the hurricane, the Borough had provided a dumpster for storm damaged items only; however, some residents took advantage of the dumpster and used it to dump other items, clearly not storm damaged. He thought it very unfortunate that the dumpster was abused and pointed out that this made it difficult for the Borough to consider such options for assisting residents in the future.

Councilwoman Bravo asked about the progress on Sustainable Jersey, and Mr. Lewis said the Borough was close to the 150 points needed. The energy audit has been uploaded and he is waiting on the ERI.

12. COUNCIL REPORTS

Website Committee – Councilman Holmberg reported that Andy Bulfer, chair of the Web Committee, would make a presentation to the Borough Council at the next meeting with recommendations for making the website more dynamic, as well as costs associated with improvements.

Centennial Committee – Councilman McWilliams said the Taste of Mountain Lakes event was well attended. Bill Albergo, chair of the event, should be commended for his efforts and the amount of work he put into making the event a success.

Recreation Commission – Councilman McWilliams reported that there would be a meeting next week. Also, the badminton group would be utilizing a new location, thereby freeing up the Briarcliff facilities for other events.

Environmental Commission – Councilman McWilliams indicated that the Clerk was researching a possible vacancy on the Commission and if there was one, the Commission had a resident it would recommend to fill the position. Two of the current members were acting as co-chairs, and he felt they brought a new energy to the group.

Historic Preservation Committee – Councilwoman Bravo reported the Committee is working on an ordinance which would offer an incentive if a resident agreed to not demolish a historic house. She suggested the Committee update the Council at some point in October or November. Also, she reported that the HPC has developed a historic audio walking tour, which is available for purchase at the library. Finally, the HPC is working with a prospective Eagle Scout and a Girl Scout Gold Award Nominee to sort and catalog the salvage trailer at the DPW.

Councilwoman Bravo asked Mr. Lewis if there would be grants available for preservation of the Stagg-Romine house, as this had been discussed at a recent HPC meeting. Mr. Lewis said it might be possible to get funding from the County for restoration but not for acquisition.

Finance Committee – Councilman Shaw told Mr. Lewis that citizen members of the Committee would be touching base with Mr. Lewis. Topics discussed at the last meeting included the audit and the municipal CAP.

Lakes Management Committee – Councilman Shaw said the Committee was working on a policy for managing lake levels and had settled on once every four years for a drawdown. Also, the Committee reports that the new outlet structure in the Mountain Lakes Dam is very workable and usable. Finally, the Committee felt that the lake levels were managed well during the Hurricane.

Woodlands Committee – Deputy Mayor Happer said there is a meeting next week.

Personnel Committee – Deputy Mayor Happer reported the Committee was working with Mr. Lewis to manage processes and priorities to ensure the Borough stays on target.

13. PUBLIC COMMENT

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

Mike Feigeles – Boulevard

Mr. Feigeles said he appreciated the dialog at tonight’s meeting regarding transparency. He offered his opinion that any public document should be available on the website. He thanked the Council for their hard work.

Alexander Krasnomowitz – President, Mountain Lakes Club

Mr. Krasnomowitz thanked the Council for considering the Club’s request. He reiterated that the Club maintained a fully controlled beach with certified lifeguards. He also apologized on behalf of the Club and said they had not meant to circumvent municipal procedure.

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

14. ADJOURNMENT at 10:00 p.m.

Motion by Councilman Shaw, second by Councilman Holmberg, to adjourn the meeting at 10:00 p.m., with all members in favor signifying by “Aye”.

Attest: September 12, 2011

_____________________________ _____________________________

Michele Reilly, Executive Assistant Dan Happer, Deputy Mayor