BOROUGH OF MOUNTAIN LAKES
December 12, 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 with the exception of Councilwoman Bravo, who was absent. Councilman George Jackson arrived at 7:34 p.m. Also in attendance were Borough Attorney Jim Bryce, Acting Borough Manager Robert Tovo, and Deputy Borough Clerk Michele Reilly.
3. EXECUTIVE SESSION RESOLUTION:
R 134-11 to enter into Executive Session to Discuss:
·Matters Relating to the Employee Relationship – Manager Search Committee
·Matters Relating to Litigation, Negotiations, and the Attorney-Client Privilege –
Tax Appeals; Legal Opinion
·Matters Relating to Public Safety & Property – Tourne Park/Briarcliff Lake
Motion by Councilman McWilliams, second by Councilman Shaw, to enter into Executive Session with all members in favor signifying by “Aye”.
Motion by Deputy Mayor Happer, 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
Mayor Gormally commented that the tree lighting was well attended and that Santa Claus had made an appearance. He reminded the Council that the Menorah lighting would be held on December 21st.
Councilman Holmberg said he had attended the Centennial Play “Laker Voices” over the weekend and was very impressed.
Councilman Jackson attended the PBA Holiday Party and congratulated Chief Tovo on his decision to honor first responders from other departments.
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 spoke about the Cove Park project. He felt that the public had been led to believe that the new landscaping provided a riparian buffer, which would benefit the freshwater system. He said that (storm)water which used to be buffered by the grass now flows unbuffered through the catch basins into the lake due to the curbing placed at Cove Park. Additionally, he said that he had looked into the expenditures surrounding the drainage at the Cove. He offered his opinion that there was an effort to provide misinformation and to connect the expenditures for Cove drainage to a different project. Finally, he spoke about the issue of ADA compliance at Cove Park.
With no one else wishing to be heard, Mayor Gormally closed the public comment portion of the meeting.
6. 2011 COUNCIL GOALS – REVIEW
The Council discussed the current goals and improving the list for 2012 so that the goals are more quantifiable. Councilman Holmberg will begin revising the Council goals. Councilman Shaw suggested supplementing the goals with an action item/”to-do” list. Mayor Gormally asked all Council members to email Councilman Holmberg with suggestions for 2012 goals. He said that refuse collection should be a priority for the first quarter of 2012 since the contract will need to be renewed at the end of the year.
7. *RESOLUTONS
R 135-11 Annual Update of the Natural Resource Inventory (NRI)
R 136-11 Emergency Contract – Kimball Landscape
R 137-11 Emergency Contract – Fox Hollow Landscape
R 138-11 Budget Transfer Resolution
R 139-11 Payment of Bills
R 140-11 Emergency Expenditure – Police Salaries and Wages
S 03-11 Special Resolution – Judge Miniman
8. *MINUTES
November 14, 2011 - Regular
Prior to the roll call vote, Deputy Mayor Happer asked that Resolution 135-11, Annual Update of the Natural Resource Inventory (NRI), be pulled from the Consent Agenda.
Discussion ensued regarding Resolution 136-11, Emergency Contract – Kimball Landscape, and Resolution 137-11, Emergency Contract – Fox Hollow Landscape. Mr. Tovo explained that it was necessary for the Borough to enter into contracts with these companies for clean-up following the October snowstorm. These companies removed brush and debris from Borough streets and parks, as well as picked up brush and debris that residents had placed curbside. The cost of the contracts is expected to be at least partially reimbursed through FEMA.
In reference to Resolution 140-11, Emergency Expenditure – Police Salaries and Wages, Mr. Tovo remarked that the Borough was incurring this $150,000 expenditure due to shortcomings in the 2011 budget and the police overtime necessitated by Hurricane Irene, the October snowstorm, and the incident at Exit Gold Realty. The amount of all emergency expenditures for 2011 now totals $235,000. This $150,000 will be exempt from the cap levy for 2012, unlike the previous emergency expenditure for $65,000. The Borough is still waiting for an answer from the Division of Local Government Services (DLGS) as to whether or not the emergency resolution for $20,000 to cover the salary of the CFO and the Acting Borough Manager will be exempt from the cap levy. Mr. Tovo noted that some of the police overtime for the storms will be reimbursed by FEMA, and FEMA will also reimburse the Borough for some of the equipment used during the storms and the subsequent cleanup efforts. Councilman Shaw said it was incumbent upon the Council to remind residents that they were requesting services after the storms and the Council made the decision to provide them; these services have to be paid for.
In response to questions about Resolution 138-11, Budget Transfer Resolution, Mr. Tovo said the legal expense of $15,000 was for the attorney’s fee during police contract negotiations. This amount had not been anticipated in the budget. In addition, the proper amount of the contract for county dispatch services had not been allocated in the budget. Finally, Mr. Tovo said he will be researching the electric bills.
*CONSENT AGENDA
|
Council Member |
By: |
2nd: |
Yes |
No |
Abstain |
Absent |
|
McWilliams |
|
|
X |
|
|
|
|
Holmberg |
|
X |
X |
|
|
|
|
Jackson |
|
|
X |
|
|
|
|
Bravo |
|
|
|
|
|
X |
|
Shaw |
X |
|
X |
|
|
|
|
Happer |
|
|
X |
|
|
|
|
Gormally |
|
|
X |
|
|
|
Resolution 135-11 Annual Update of the Natural Resource Inventory (NRI)
Mayor Gormally explained that this Resolution gave the Environmental Commission the responsibility of reviewing the NRI and making modifications when necessary. Mr. Tovo said this Resolution was necessary so the Borough could accumulate points for the Sustainable Jersey program. Mayor Gormally pointed out that the NRI is incorporated by reference into the Master Plan and that the municipality has to acknowledge that the NRI needs to be reviewed. Councilman Shaw said it was important to note that the NRI is not an element of the Master Plan. Deputy Mayor Happer requested that the Resolution be amended to “Annual Review” instead of “Annual Update”. Borough Attorney Jim Bryce said that this was an acceptable change.
|
Council Member |
By: |
2nd: |
Yes |
No |
Abstain |
Absent |
|
McWilliams |
|
|
X |
|
|
|
|
Holmberg |
|
X |
X |
|
|
|
|
Jackson |
|
|
X |
|
|
|
|
Bravo |
|
|
|
|
|
X |
|
Shaw |
|
|
X |
|
|
|
|
Happer |
X |
|
X |
|
|
|
|
Gormally |
|
|
X |
|
|
|
*With Title change to “Annual Review of the Natural Resource Inventory (NRI)
9. DEPARTMENT REPORTS
A. Construction Official
B. Department of Public Works
C. Health Officer
D. Fire Department
E. Police Department
10. ATTORNEY REPORT
Mr. Murphy had nothing to report.
11. MANAGER REPORT
Mr. Tovo told the Council that he had prepared a Request for Qualifications (RFQ) for the following positions: Borough Bond Counsel, Borough Auditor, Borough Dam Consultant, and Borough Engineer. Mayor Gormally complimented him on a job well done and added that a bid needed to be prepared for a new Planner for the Planning Board. Also, he questioned whether the RFQ should include a separate section regarding the Engineer’s responsibilities to the Planning Board. Mr. Bryce noted that the Borough budgets a small amount of money for engineering expenses that are not covered from an applicant’s escrow account.
Councilman Shaw asked if the Borough Engineer had to have the proper licenses for operating a water system. Department of Public Works Director Mark Prusina, who was in the audience, affirmed that they would. Councilman Shaw asked that the RFQ be amended to include this reference. Additionally, Deputy Mayor Happer asked for an amendment to the Auditor portion of the RFQ so that auditing duties reflected responsibilities for the utility fund in addition to the general fund and all sub accounts.
Councilman Shaw said the Borough Council needed to maintain a list of appointed positions and, in addition to judging the performance of an appointee every year, require RFQ submissions from professionals on a rotating basis.
Mayor Gormally said he would like more advice from the attorney as to whether or not the Borough Engineer portion of the RFQ required a better description of Planning Board specifications versus municipal duties. Mr. Bryce will review the RFQ and communicate to Mr. Tovo, who will then make adjustments and forward a revised RFQ to the Borough Council.
Mr. Tovo reported that he had a discussion with Borough Attorney Bob Oostdyk regarding retiree health benefits, and they determined that the Borough is not compliant with N.J.S.A. 40A:10-23, which in summary states that the same health benefits must be offered to all employees including those with a Collective Bargaining Agreement (CBA). Additionally, Mr. Tovo stated that once a retiree reaches the age of sixty-five (65), they should no longer be eligible for the State Health Benefits Plan (SHBP) since they are eligible for Medicare. More research is required before any changes can be made. Retirees will need to be notified of any changes by the Borough Attorney, and it is possible that the Borough Council might need to pass a resolution regarding retiree health benefits. In addition, once clarified, this information will be updated in the personnel policy and procedure manual. Mayor Gormally asked Mr. Tovo to keep the Council informed, and to supply Councilman Jackson with financial figures so he can understand any budget implications.
Regarding the 2012 budget timeline, Mr. Tovo said he is pursuing an aggressive budget timeline in order to get the budget cycle back on track. He is committed to meeting all the State deadlines.
Mr. Tovo met with Paul Ferriero, an Engineer from the firm of Ferriero Engineering, located in Chester, New Jersey, to discuss the issue of the Americans with Disabilities Act (ADA) as it relates to the Cove Park Project. Mr. Tovo provided a copy of Mr. Ferriero’s report to the Council. Mr. Tovo said Mr. Ferriero was very confident in his assessment that Cove Park needed some modifications and should be ADA compliant. Mr. Ferriero felt that access to the overlook is the main issue and that the Borough should provide a marked parking facility. Mr. Tovo said the Borough might have to modify access to the overlook with a ramp or curb cuts. Additionally, railings may have to be installed on at least the path on the right hand side of Cove Park since there are three (3) steps leading to the lake area. The Borough does not need to provide any modifications to boating access as long as there are other alternatives for boat launching in the Borough.
Mayor Gormally said the Borough will want to comply with the law but would require further time to review the report since it had just been given to the Council. Councilman Shaw asked about the Borough Engineer’s opinion and Mr. Tovo said he would forward a copy of the report to Mr. Ryden. The consensus of the Council was that Mr. Ryden should review the report and give his recommendations before the Borough took any action.
Councilman Holmberg brought up the issue of police trading cards, an idea presented by a resident as a way to improve community relations. Mr. Tovo said that he wasn’t sure that the trading cards were the best method of improving relations, but he agreed it was an idea to consider. Councilman Jackson suggested overhauling the police section of the website.
12. COUNCIL REPORTS
Lakes Management Committee – Councilman Shaw said Allied Biological had presented a very comprehensive year end report detailing that the Borough’s lakes are in good shape and how this is quantifiable. A comprehensive lakes management program has been in place for over ten (10) years. Additionally, mapping of the lakes has been completed. Councilman Shaw commended the Committee as very high functioning.
Finance Committee – Councilman Shaw reported the Finance Committee met recently and discussed its role. The Committee is anxious to work with the Manager on the budget process. There is the need to fill some vacancies on the Committee.
Woodlands Committee – Deputy Mayor Happer said the Committee may have found a new member.
Centennial Committee – Councilman McWilliams said the Centennial Committee is no longer meeting, as the Centennial year is over. The Committee would like to present a report to the Council on January 3rd, 2012. There is some question as to whether any surplus funds are returned to the Borough or if the Committee can gift these funds to another Borough Committee.
Environmental Commission – Councilman McWilliams remarked that the Commission has had a very busy year and he believes they are set to have a very productive 2012.
Recreation Commission – Councilman McWilliams said that Recreation issues had been covered previously during the Executive Session portion of the meeting.
Councilman McWilliams reminded Council members that he was compiling the Necrology for the Reorganization meeting and to submit information to him.
Fire Department – Councilman Holmberg mentioned that the Fire Department was having their holiday dinner this week. The Department is still trying to recruit volunteers.
Planning Board – Councilman Holmberg reported the next meeting will be held on December 15th. The Board is currently recruiting applications for planners.
Web Committee – In reference to sharing services, Councilman Holmberg said he did not find as many resources at the Board of Education as he had anticipated.
Traffic & Safety Committee – Councilman Jackson said the Committee would be meeting this week.
Zoning Board of Adjustment – Councilman Jackson reported the Board has been very busy with four (4) recent applications. The Board is reviewing their checklist and fee schedule.
Shade Tree Commission – Mr. Tovo handed out the tree inspection schedule to the Council. Councilman Jackson said the Commission approved a resolution regarding the tree canopy to be included in the Borough’s submission to the Sustainable Jersey program.
Mayor Gormally told the Council that he and Mr. Tovo met recently with the Township of Denville Mayor-Elect. Denville is pleased with the shared court arrangement and believes they have some capacity to include another neighboring municipality in the arrangement. Mayor Gormally expects the Borough Council will appoint the new Judge at the Reorganization meeting. The Borough and the Township have committed to meet on a quarterly basis. The Mayor and Mr. Tovo agreed that the meeting was very friendly and very productive. Denville may be a good resource regarding solid waste since they recently went through the bidding process. Councilman Jackson suggested that maybe the Borough should facilitate a meeting of four (4) or five (5) Mayors on a regular basis.
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 offered his suggestion that if the Mayors meet, they call themselves the “Mindful Mayors”. Mr. Kanter told the Council he felt it inappropriate to apportion seventy-eight percent (78%) of the cost of the drainage issues at the Cove to the Morris Avenue project and only twenty-two percent (22%) to the Cove Park project. Regarding the ADA issue, Mr. Kanter shared that he has a handicapped brother who enjoyed fishing at the Cove and now cannot get over the curb. He urged the Council to do the best they can for those less fortunate.
With no one else wishing to be heard, Mayor Gormally closed the public comment portion of the meeting.
14. ADJOURNMENT at 9:42 p.m.
Motion by Councilman Shaw, second by Deputy Mayor Happer, to adjourn the meeting at 9:42 p.m., with all members in favor signifying by “Aye”.
Attest: December 12, 2011
_____________________________ _____________________________
Michele Reilly, Deputy Clerk Charles X. Gormally, Mayor