BOROUGH OF MOUNTAIN LAKES

November 28, 2011

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, 2011 and posted in the municipal building.

Mayor Gormally called the meeting to order at 7:30 p.m.

2. ATTENDANCE AND FLAG SALUTE

All Council members were present. Deputy Mayor Happer arrived at 7:41 p.m. Also in attendance were Borough Attorney Marty Murphy, Acting Borough Manager Robert Tovo, and Deputy Borough Clerk Michele Reilly.

3. EXECUTIVE SESSION – Resolution

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:

· Tax Appeal Settlement Brown, Zane v Mountain Lakes

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 Holmberg, second by Councilman Shaw, to enter into Executive Session, amended to include:

· Personnel – Council Appointment

· Acquisition of Property – King of Kings

with all members in favor signifying by “Aye”.

Motion by Councilman Holmberg, 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

Councilman Shaw reminded the Council that the Centennial Play “Laker Voices” would be held on December 3^rd and 4^th.

Councilman Bravo said that the Historic Home Tour would be held on Friday, December 9^th.

Councilman Shaw congratulated the High School on a very successful Cross Country, Field Hockey, and Football season. The Football Team lost in the first round of the playoffs.

5. 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 reminded the Council that the Reorganization meeting would be held in a month, during which the Council normally appoints its licensed professionals. He asked the Council to think carefully before hiring, specifically the Borough Engineer and Borough Attorney.

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

6. ORDINANCE

ORDINANCE 08-11

ORDINANCE AMENDING CHAPTER 245 OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF MOUNTAIN LAKES AND REGULATING THE INSTALLATION OF EMERGENCY GENERATORS

If adopted this ordinance shall take effect after publication and passage as provided

by law. Public Hearing

Councilman Shaw asked for the affirmative statement from the Planning Board stating that this Ordinance was consistent with the Master Plan. Mr. Tovo verbally affirmed that the ordinance had been reviewed by the Planning Board and was voted on at the last meeting and that he was personally in attendance at said meeting.

Council Member

By:

2^nd

Yes

Abstain

Absent

2nd

Yes

Abstain

Absent

McWilliams

Holmberg

Jackson

Bravo

Shaw

Happer

Gormally

7. *RESOLUTONS

R 130 Salary Amendment/Robert Tovo

R 131 Interlocal Agreement with Boonton Township/CFO

R 132 Amending “Section 125 Plan”

R 133 Payment of Bills

8. *MINUTES

October 24 2011 Regular

October 24, 2011 Executive

November 14, 2011 - Executive

Prior to the roll call vote, Councilman Jackson asked that Resolution 130-11, Salary Amendment/Robert Tovo, be pulled from the Consent Agenda.

Some discussion ensued regarding Resolution 132-11, Amending “Section 125 Plan”. Mr. Tovo explained that the Plan needed to be amended to incorporate the Flexible Spending Accounts (FSA) now required by the State. The Borough would be paying a nominal cost to Benefits Analysis, Inc., (BAI) as the plan administrator. In addition, BAI would provide other services, such as open enrollment materials, taking some of the burden off of the Borough staff. The Council expressed some concern about the management of the money in the FSA’s, and Mr. Tovo said he believed that the Borough retained the money but he would confirm. Deputy Mayor Happer pointed out that money left over in the accounts is forfeited to the Borough at the end of the plan year.

Councilman Jackson commented on the five (5) retiree health reimbursements listed on Resolution 133-11, Payment of Bills. Mr. Tovo said the Borough’s obligation is to pay fifty percent (50%) of the retiree’s health plan costs. Councilman Jackson then requested a review of the retiree health benefits and plan options.

Deputy Mayor Happer asked about the payment to Kimball Landscape Associates, and Mr. Tovo said this was for repairs done to the property located at 171 Boulevard. The property had been damaged by water runoff due to a fire at a nearby property. The insurance company would not reimburse the homeowner for his property damage and Mr. Tovo said that after the Borough had exhausted all its insurance avenues, he considered it fair for the Borough to cover the cost. Mayor Gormally said the Manager had the ability to make a discretional judgment.

*CONSENT AGENDA

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

Resolution 130-11 Salary Amendment/Robert Tovo

Councilman Jackson said that his decision to pull the Resolution was not a reflection of Mr. Tovo’s work but his opinion that the amount of the stipend was not appropriate. He commended Mr. Tovo on doing a terrific job.

Deputy Mayor Happer asked if it was clear as to how this stipend would be reflected in Mr. Tovo’s pension. Mr. Tovo said the stipend was excluded from the Police & Fire Retirement System (PERS) since it was “out of title”.

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

9. ATTORNEY REPORT

Mr. Murphy had nothing to report. Councilman Shaw asked Mr. Murphy if the Borough had an indemnification ordinance. This topic had been brought up at the MEL seminar at the League of Municipalities convention. In addition, he asked about a police succession ordinance. Mr. Tovo said that the police succession is not in ordinance form, but there is an existing policy and that this would also be part of the new policy and procedure endeavor.

Councilman Shaw pointed out that the MEL has a website (www.njmel.org) and that according to the website, a letter should be sent to all employee’s regarding the whistleblower system. Councilman Jackson asked if Borough volunteers were treated as employees and how that affected insurance costs. He also inquired as to whether the Recreation Director, Celia Flynn, put volunteers through training. Mr. Tovo said all volunteers are covered under the Borough’s insurance policy. Councilman McWilliams said he had attended a different MEL seminar and that the Borough should have a written policy regarding background checks, training, supervision, and maintaining certain standards. Mayor Gormally suggested that this should be documented in the new policy and procedure manual and Mr. Tovo said it would be. He also reported that the policy and procedure program he intends to use is endorsed by the MEL.

10. MANAGER REPORT

Mr. Tovo reported that twenty-four (24) hours of hydro-raking was completed, including Crystal Lakes and some work on East Shore Drive at the request of residents.

He said he had a meeting today with FEMA and DPW Director Mark Prusina regarding Hurricane Irene. The Borough is on track with paperwork and can progress now that the formal meeting has been held.

Mr. Tovo thought it would be beneficial if surrounding municipalities participated in the goose egg addling program. Mayor Gormally said he would draft a letter. Councilman Jackson suggested including the Township of Denville and the Lake Arrowhead club. Mr. Tovo suggested including the County because they have the responsibility for Tourne Park.

Mr. Tovo said that storm cleanup is virtually complete and that the Borough is using only its own crews at this point.

Budget requests will be due to Mr. Tovo by December 5^th, and all department heads have been notified. Deputy Mayor Happer asked about the budget timeline and Mr. Tovo said his intention is to provide a preliminary budget at the second meeting in January. He will look at reporting responsibilities with CFO Norman Eckstein to make sure the Borough meets all its deadlines. Councilwoman Bravo said the committees and commissions needs to submit their budget requests as well.

Mr. Tovo will attend a meeting on December 2^nd with the Township of Denville in reference to the appointment of a new municipal court judge.

Councilwoman Bravo passed on commendations to the staff and Department of Public Works employees regarding their efforts after the October snowstorm. She said she had heard positive feedback from people who were not residents, and she thought it was nice to hear the Borough spoken of so positively by people who didn’t live in the community.

Councilman Jackson asked for some clarification about repairs to Well #3 and Well #4 after reading the minutes from the October 24th Borough Council meeting. Mr. Tovo said both wells had been disinfected. Well #4 was scheduled for a capital upgrade and the decision had been made to defer the upgrade until 2012 due to budget concerns.

Mr. Tovo presented the Borough Council with a report of vendor activity and payments for the Cove Project. Mr. Tovo said previous documentation may not have included watering, some engineering costs, police overtime for the dedication ceremony, and DPW hours for the connection. Councilman Shaw said that the landscape architect had billed for all the meetings she attended and therefore her actual cost was higher than anticipated. Councilman Holmberg mentioned that the watering costs would be ongoing for several years.

Councilwoman Bravo asked if curbing had been included in the final cost of the project and Mr. Tovo said yes. Councilwoman Bravo said that the Committee had been told repeatedly that engineering costs and curbing costs weren’t being charged against the Cove Project and would be included in another budget.

Councilman Shaw felt that the Committee did not have adequate plans and that is why there were cost overruns. Councilwoman Bravo disagreed and said that Committee volunteers had put in hundreds of hours of their own time to assure the success of the project and that the cost overruns were due to poor project management. She said the original curbing plan, which called for Belgian Blocks, had been changed by the Council. In addition, she pointed out that the original proposal for the hardscape was expected to cost $3,000. The Council wanted a more substantial hardscape so the Committee changed its plans and the final cost totaled $20,000.

Councilman Shaw pointed out that the Borough expects residents to submit their plans to the Planning Board. In addition, he said that the Council never received an itemized budget from the previous Borough Manager.

Regarding the issue of ADA compliance, Councilwoman Bravo said the Committee was advised by the previous Borough Manager that the project did not fall under the scope of the ADA. Mr. Tovo said he was still doing research and expected to be able to tell the Council at the December meeting if the project fell under the scope of ADA.

Mayor Gormally said the Borough Council has learned from this process. Mayor Gormally said he would like to see the existing access point desig

11. COUNCIL REPORTS

Centennial Committee – Councilman McWilliams said the Committee had two final events, the play “Laker Voices” and the house tour, which would feature historic homes in the Borough.

Recreation Commission – Councilman McWilliams said the Commission was dealing with structural and operational items.

Lakes Management Committee – Councilman Shaw said that lake cleaning was off cycle because of the storm, and Mr. Tovo commented that Allied Biological had actually begun cleaning today. Councilman Shaw said that Allied Biological is preparing its year end report for the December meeting. In addition, the Committee is in the process of adopting a drawdown policy, recommending a drawdown of the lakes every four (4) years.

Councilman Jackson asked about the cleaning of the canal. Mr. Tovo replied that the ground must be harder before the Borough can undertake a general clean-up to maintain the health of the canal.

Historic Preservation Committee – previously discussed (Councilwoman Bravo)

Cove Centennial Committee – Councilwoman Bravo reported that Cove Park had been dedicated on Saturday, October 14^th.

Volunteer Fire Department – Councilman Holmberg said the department was still looking for volunteers. However, he was pleased to report that the Junior Fire Department currently had a higher enrollment than in previous years.

Zoning Board of Adjustment – Councilman Jackson said the Board was reviewing its checklist for applications.

Shade Tree Commission – previously discussed (Councilman Jackson)

Traffic and Safety Committee – Councilman Jackson said the Committee would meet next month. Mr. Prusina reported that the contractor had returned to correct some sidewalk issues.

Planning Board – Mayor Gormally said the Board was in the final stages of the Master Plan review and that interactive maps will soon be available on the Borough’s website. He mentioned that the chair would be stepping down.

Councilman Jackson added that the Zoning Board of Adjustment would also have a vacancy.

Search Committee – Mayor Gormally said the Borough had advertised the Manager’s position and that the Search Committee would be meeting on December 5th. Committee members included Bud Luzzi and John Pendelton. The target date for interviews is December.

12. 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 inquired as to why the Borough Council meetings were not held at the schools, as they have recording equipment available, and then the Council room could be utilized for other purposes. He offered his opinion that the decision to pay $2700 to Kimball Landscape Associates was a valid expense. Mr. Kanter said that the information regarding the Cove project expenses, which Mr. Tovo discussed with the Borough Council, was not included in the public packet and this was an error. He spoke about the sign on Wildwood Lake and asked the Council to pass a sign ordinance. He said if the State stocks a lake, it is open for the public to use and the Borough cannot keep people out.

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

13. ADJOURNMENT at 9:30 p.m.

Motion by Councilman McWilliams, second by Deputy Mayor Happer, to adjourn the meeting at 9:30 p.m., with all members in favor signifying by “Aye”.

Attest: November 28, 2011

_____________________________ _____________________________

Michele Reilly, Deputy Clerk Charles X. Gormally, Mayor