SEPTEMBER 24, 2012

8:00 p.m.



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 8:00 p.m.



All Council members were present. Also in attendance were Borough Attorney Jim Bryce, Borough Manager Robert Tovo, and Deputy Borough Clerk Michele Reilly, as well as Department of Public Works Director Mark Prusina, Planning & Zoning Board Administrator Cynthia Shaw, Chief Financial Officer Timothy Roberts, and Borough Auditor Tim Vrabel.



Councilman Holmberg reminded all present about the Borough sponsored Flu Clinic, which would be held on October 3rd. The cost of a shot is $15.00, and residents should pre-register and pre-pay at the Borough Hall.


Councilman Shaw mentioned that he had received the Borough Broadcast Email about the new “E-waste” (electronic waste) dumpster located at the Department of Public Works, and that this would be a huge benefit to residents.



      Hornrock Properties Mountain Lakes, LLC


Peter Wolfson, Esquire, introduced himself on behalf of Hornrock Properties and told the Council that his client has purchased the Park Place project. Other parties present included Maurice and David Hornblast, the owners of Hornrock Properties, Dave Minnow, architect, and Mark Walker, engineer. Mr. Wolfson said his client would like to make minor modifications on the project in order to meet the changed market and changed economy. They have already made an application to the Planning Board and expect to be included on the agenda for the October 25th meeting. In addition, his client will need to obtain a limited amendment to the Zoning Ordinance for density relief (substituting five (5) smaller buildings instead of the three (3) large buildings), an increase in the maximum permitted height of the buildings (less than ten percent (10%) more than the original height), and minor relief in the rear setbacks (in order to conceal decks).




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 said the sidewalk from the corner of Boulevard and Powerville Road down to Hanover Road has extensive cratering, or “spalling”. He also called attention to the tall grasses growing in front of the seating at Cove Park, which he said blocks the view. He cited alleged ADA violations regarding the height of the seats. Mr. Kanter remarked on Mr. Jackson’s comments regarding the Borough Council and budget oversight.

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






SEPTEMBER 24, 2012

Regular Minutes

Page Two




      Updates to Check List for Zoning Board of Adjustment


 As Council Liaison to the Board, Councilman Shaw explained that the Zoning Board has endorsed a revised checklist, which will be included with the application packet. The checklist will help to formalize the application process. It will assist applications in preparing the information required for their packets, and will also help the Board to make educated decisions regarding applications. The consensus of the Council was that the Borough Attorney should draft an Ordinance for introduction at the next meeting.



      Adjusting Fee Schedule for Zoning Board Applications


Councilman Shaw said that the Zoning Board fees had not been updated since 1987, and were not reflective of the costs to the Borough. He mentioned that an applicant’s escrow account covers any professional fees; however, the administrative costs to the Borough should be covered by the application fees, and currently they are not. The Board has endorsed changes to the fees. The Council discussed the comparison grid prepared by Planning and Zoning Board Administrator Cynthia Shaw. Mayor Gormally suggested the possibility of requiring escrows for Zoning Board applications, a practice followed by other municipalities such as the Township of Montville. Deputy Mayor Happer felt it was appropriate for the Council to increase the proposed fee changes for “appeals”, “interpretation”, and “permit” to match those charged by some of the other towns listed in the comparison. The consensus of the Council was to act on Deputy Mayor Happer’s recommendation and they instructed the Borough Attorney to draft an Ordinance for introduction at the next meeting.



      Corrective Action Plan


Deputy Mayor Happer told the Council that the Corrective Action Plan had been discussed extensively at the Finance Advisory Committee meeting last week. The biggest negative to the findings and recommendations of the Borough Auditor were that some of the findings were the same in both 2011 and 2010. Deputy Mayor Happer cited personnel transitions as the reason for the repetition. He and Councilwoman Bravo reported that the Finance Committee discussed the need for a quarterly package of reports from the Borough Manager. These same reports would also be given to the Borough Council. Councilman Jackson suggested that a certification of reconciliations accompany the reports. The Council agreed and their consensus was that the Borough Manager should submit a quarterly financial report with certifications to both the Finance Committee and the Council. Bank reconciliations should be completed on a monthly basis and this should be reflected on the certifications. Mr. Tovo said that he and Mr. Roberts would be developing a format for the monthly reports and would be consulting with the Finance Committee and with Mr. Vrabel, the Borough Auditor. Mr. Vrabel confirmed that he was able to review the reports, although it is his job to remain independent of the internal control process, and report to the administration and/or the Borough Council .He agreed that specific policy guidelines should be vetted through the Finance Advisory Committee. Deputy Mayor Happer asked Mr. Vrabel if he had read the Corrective Action Plan and if he was comfortable with the responses. Mr. Vrabel answered in the affirmative.


Deputy Mayor Happer asked Mr. Roberts to give a brief financial update on the reconciliations. Mr. Roberts stated that all the Trust Fund Accounts are up-to-date, and that both the Utilities and Current Fund Accounts are reconciled through March. Mr. Roberts said he was hopeful that he would have those accounts reconciled to-date by the end of October. Councilman Jackson asked that the Council receive financial updates monthly until the end of the year, and reports could be received quarterly beginning in 2013.











SEPTEMBER 24, 2012

Regular Minutes

Page Three


      9.   *RESOLUTIONS    

R119-12            Supplemental Salary Resolution – Connolly, Grey

R120-12            Appointment of Registrar - Reilly

R121-12            Lien Redemption 2009-04

            R122-12            Resolution Approving Corrective Action Plan in Response to

                                    Recommendations in the 2011 Audit

            R123-12            Authorizing the Issuance of Not Exceeding $1,126,600 Bond Anticipation Notes

R124-12            Payment of Bills

      PR03-12            Special Resolution - Mountain Lakes High School Class of 1962 – 50th Reunion


      10.  *MINUTES

     September 10, 2012 (Executive)

     September 10, 2012 (Regular)


Council Member




































































*** Councilman Holmberg abstained from voting on Resolution 121-12




    Mr. Bryce had nothing to report.




Mr. Tovo presented the Council with an outline of capital projects funded by the 2012 Capital Budget. He mentioned that the cost of the storm water management projects would be offset by FEMA fund reimbursement received due to the spring storms of 2010. Mr. Tovo said that the water facility at Boulevard and Glen Road needs to be repaired and the cost was approximately $15,000. Also, he pointed out the $175,000 Department of Transportation (DOT) grant which, in addition to the contribution of $110,000 of Borough funds, allowed for the road resurfacing of Powerville Road and half of Briarcliff Road. The other half of Briarcliff Road would be scheduled for resurfacing in 2013. Mr. Tovo stated that money from the 2011 capital projects had been set aside to finish the paving project in the condominium complex off of Intervale Road. Mr. Tovo asked if his Infrastructure Schedule spreadsheet met with Council approval. The Council agreed that it did, with a few minor modifications, such as adding “outfalls” to #3, Storm Water System, “retaining walls” to #4, Beach Facilities, and “parking lots” to #6, Borough Facilities.


Mr. Tovo told the Council that, in response to their request to increase zoning enforcement, he had given those responsibilities to two (2) current Borough employees, Ms. Rita Sharp and Mr. Thomas Emerick. Ms. Sharp, the Construction Official, would be enforcing tree and sign Ordinances. Mr. Emerick, a Department of Public Works employee, would be handling property maintenance issues. Mayor Gormally told the Council that Mr. Tovo had effectively increased zoning enforcement by approximately 400% and in a very cost effective manner. Mr. Tovo said the stipends for both individuals would be a total of $5500.00.







SEPTEMBER 24, 2012

Regular Minutes

Page Four





Shared Services Sub-Committee – Councilman Shaw reported that after two (2) years of discussions with the Township of Boonton regarding a variety of shared services arrangements (Chief Financial Officer, Police Department), the Township has officially communicated they are not interested in a joint police venture.


Personnel Sub-Committee – Councilman Shaw said the Chief Financial Officer (CFO) position held by Mr. Roberts would include office hours on Tuesday and Thursday from 1:00-5:00 pm. In addition, Mr. Tovo outlined the Chief’s selection process for the Committee. There will be five (5) steps in the process which will include: 1) reviewing resumes with photo of applicant; 2) reviewing written responses to questions; 3) oral interview; 4) interview with full Council; 5) Council decision. The Council decision will be based on a recommendation by the Manager, and is expected to be made by the December 10th meeting. Councilman Shaw said the Committee also reviewed the recent hires as well as the zoning enforcement personnel changes.


Zoning Board of Adjustment – Councilman Shaw mentioned there would a vacancy on the Board, and also one on the Planning Board.


Finance Committee – Deputy Mayor Happer stated that the Committee’s activities had been reported in the previous discussion about the Corrective Action Plan.


Facilities/DPW Sub-Committee – Deputy Mayor Happer said the Committee met last week and talked about capital projects, including the phone system and roof repairs at the Borough Hall, playground equipment at Midvale Field, and tennis courts repairs. There is the possibility of sharing tennis court repairs with the Board of Education, as the schools use these facilities. Deputy Mayor Happer said there is still one DPW position open, the heavy equipment operator.


Web Committee – Councilman McWilliams reported that the Committee met recently and Mr. Tovo attended. There were some discussions about redefining the role of the Committee.


Library Committee – Councilman McWiliams said the quarterly meeting was coming up.


Woodlands Committee – Councilman McWilliams was unable to attend.


Solid Waste Committee – Councilman McWilliams reminded the Council that the bid opening would be on October 3rd.


Historic Preservation Committee – Councilman Holmberg said that the Esplanade and Midvale stores would be celebrating their centennial and the Committee was discussing potential events.


Health Commission – Councilman Holmberg reported that the Commission was discussing amending the Ordinance regarding the leash law.


Councilman Holmberg commended the Detective Bureau on the outstanding job they did and the education they presented at their recent Bear Presentation.


Shade Tree Commission – Councilwoman Bravo said the Commission had recommended that the pear trees in the Borough parking lot be taken down and replanted with a different type of tree. She said the Commission had also discussed the Emerald Ash Borer, an Asian beetle which is killing ash trees and has most recently been reported in nearby states. This is a cause for concern as twenty percent (20%) of the trees in Mountain Lakes are ash trees. The Commission reported an honorary tree planting for Ken and Dana Stokes, former residents of the Borough. The Commission will have three (3) openings in 2013.


Fifty-Five Plus – Councilman Jackson told the Council that the High School Jeopardy Team had attended the last meeting.







SEPTEMBER 24, 2012

Regular Minutes

Page Five


Mayor Gormally commended Councilmen Shaw and Jackson’s efforts over a number of years as members of the Shared Services Sub-Committee. He said he was extremely disappointed that the Township of Boonton has decided to end discussions with the Borough. He felt they were a very logical choice for a shared services arrangement, largely due to demographics, and that a shared Police Department would allow both communities to maximize their efficiency.


Councilman Holmberg brought up the topic of the separate school election. He mentioned that the Board of Education had surveyed members of the community in April about the decision to maintain a separate school election. He said he would be interested in the results of the survey and questioned whether or not the Council should invite a member of the Board to speak at a future meeting. Councilman Shaw suggested a Council member attend the next Board of Education meeting and ask about the survey results. Mayor Gormally reminded the Council that the statute gives either the Board of Education or the Governing Body the opportunity to make a decision to move the date of the school election to the date of General Election. He said he feels it is the Council’s obligation to make its own decision.




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

Fred Kanter – Hanover Road

Mr. Kanter talked about the Sarbanes-Oxley Act, which requires management to certify financial accountability. Deputy Mayor Happer said he was very familiar with the Act. Mr. Kanter spoke about the need for the Borough to hold its professionals accountable, citing the cracked sidewalks as an example. Mr. Kanter also discussed abandoned vehicles and the criteria for certifying a vehicle as “abandoned” if it was housed on private property.

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

15.      ADJOURNMENT at 10:37 p.m.

Motion made by Deputy Mayor Happer, second by Councilman Holmberg, to adjourn the meeting at 10:37 p.m., with all members in favor signifying by “Aye”.

*Consent agenda


Attest: September 24, 2012




________________________________       _______________________________ 

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