BOROUGH OF MOUNTAIN LAKES
BOROUGH HALL, 400 BOULEVARD, MOUNTAIN LAKES
973-334-3131
JUNE 9, 2014
7:30 PM EXECUTIVE SESSION
8:00 PM PUBLIC SESSION
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 8, 2014 and posted in the municipal building.
Deputy Mayor Holmberg called the meeting to order at 8:00 p.m in the municipal building.
2. PLEDGE OF ALLEGIANCE
Deputy Mayor Holmberg led the salute to the flag.
3. ROLL CALL
Ms. Reilly called the roll. All Council members were present except for Councilman Albergo, who arrived at 8:03 p.m., and Mayor Happer, who was absent. Also in attendance were Borough Attorney Robert Oostdyk, Borough Manager Robert Tovo, Borough Clerk Michele Reilly, Acting Chief Financial Officer D. Timothy Roberts, Department of Public Works Director Mark Prusina and Police Chief Shawn Bennett.
4. EXECUTIVE SESSION NONE
5. COMMUNITY ANNOUNCMENTS
Councilwoman Bravo and Deputy Mayor Holmberg talked about the success of the High School boys and girls lacrosse teams, both of whom were State championship winners.
6. PUBLIC COMMENT
Please state your name and address for the record. Each speaker is limited to one (1) comment of no more than five (5) minutes and no yielding of time to another person.
Deputy Mayor Holmberg opened the public comment portion of the meeting with the consent of the Council. Deputy Mayor Holmberg explained the Council’s policy of limiting each speaker to five (5) minutes and no yielding of time to another person.
Donna Brower – Kenilworth Road, Mountain Lakes
Ms. Brower expressed her concerns about the installation of lights at the High School fields behind her home. She said she had not been notified of the installation nor included in the discussion process. She had questions about noise issues, whether or not the Board of Education had to apply for building permits and the possibility of renting the field to other parties. Mrs. Brower was asked to leave her contact information with the Borough Manager.
Marnie Vyff – Vale Drive
Ms. Vyff stated that she wished to provide an update to the Borough Council as chair of the Mountain Lakes Green Team. She said that yesterday was the first of three deadlines for submissions of points and the Team hoped to qualify for silver status, which is a rare award and achieved currently by only twenty-two (22) municipalities in New Jersey. Ms. Vyff thanked the schools and the Manager for their help and also thanked the Borough Council for considering the Anti-Idling and Safe Routes to Schools resolutions.
Fred Kanter – Hanover Road
Mr. Kanter said he had been to a recent Board of Education meeting and claimed that they were not releasing their minutes in a timely fashion nor entering into Executive Session properly. He discussed the selection of the Borough’s Attorney and Engineer and the fact that the Council did not pass a resolution appointing a Borough Attorney in 2013. He said he wanted to know the selection process for Borough Attorney and said that the Council was not being forthcoming.
With no one wishing to be heard, Deputy Mayor Holmberg closed the public comment portion of the meeting.
BOROUGH OF MOUNTAIN LAKES
JUNE 9, 2014
PAGE TWO
Deputy Mayor Holmberg thanked everyone for coming to the meeting. He encouraged Ms. Brower to express her concerns to the Board of Education and to the Zoning Board of Adjustment and said Mr. Tovo would also contact her. He commended Ms. Vyff and her team for their efforts and cited them as great example of a community effort. Deputy Mayor Holmberg assured Mr. Kanter that there was no attempt to not be forthcoming but that discussions regarding the selection of Borough professionals took place at the subcommittee level. In addition, he said that there is a provision for the holdover of a Borough Attorney.
7. DISCUSSION ITEMS:
-Personnel Policy and Procedure Manual, Chapters 1-4
Mr. Tovo led the discussion. He said the current manual is over thirty (30) years old and in need of revision. The new manual will have nine (9) chapters and help ensure the Borough maintains compliance with current regulations. Mr. Tovo said that the manual will be rolled out in conjunction with the DMS system, which is currently used by the Police Department. This system allows for the electronic dissemination of policies and procedures, both in the initial rollout phase and for any future updates or changes to the manual. Each employee must electronically acknowledge receipt of all documents and the acknowledgement is recorded for tracking purposes. In addition, there may be a short quiz at the end of the document in order to gage the employee’s comprehension.
The Council commended Mr. Tovo and said the manual was extremely thorough. Mr. Tovo said that the next four (4) chapters of the manual would cover some of the Council questions, such as the use of drugs and alcohol, the procedure for job applications, and the expectations and guidelines for employee performance. Mr. Tovo said that the next four (4) chapters would be reviewed at the June 23 meeting, and that Chapter 9, which would encompass the job descriptions for each position, would be reviewed at the July meeting. Mr. Tovo said he hoped to have Council approval for the new manual by the end of the summer.
8. ORDINANCE 06-14
BOND ORDINANCE APPROPRIATING $936,400, AND AUTHORIZING THE ISSUANCE OF $709,080 BONDS OR NOTES OF THE BOROUGH, FOR VARIOUS IMPROVEMENTS OR PURPOSES AUTHORIZED TO BE UNDERTAKEN BY THE BOROUGH OF MOUNTAIN LAKES, IN THE COUNTY OF MORRIS, STATE OF NEW JERSEY
BE IT ORDAINED by the Borough Council of the Borough of Mountain Lakes, in the County of Morris, State of New Jersey (not less than two-thirds of all the members thereof affirmatively concurring) as follows:
Section 1. The several improvements described in Section 3 of this bond Ordinance are hereby respectively authorized as general improvements to be made or acquired by the Borough of Mountain Lakes, New Jersey. For the said several improvements or purposes stated in said Section 3, there are hereby appropriated the respective sums of money therein stated as the appropriations made for said improvements or purposes, said sum being inclusive of all appropriations heretofore made therefor and amounting in the aggregate to $936,400 including the aggregate sum of $37,320 as the several down payments for said improvements or purposes required by law and more particularly described in said Section 3 and now available therefor by virtue of provision in a previously adopted budget or budgets of the Borough for down payment or for capital improvement purposes and including also, in the case of the improvement or purpose described in paragraph (d) of said Section 3, the sum of $190,000 received or expected to be received from the New Jersey Department of Transportation as a grant-in-aid of financing said improvement or purpose.
Section 2. For the financing of said improvements or purposes and to meet the part of said $936,400 appropriations not provided for by application hereunder of said down payments and grant, negotiable bonds of the Borough are hereby authorized to be issued in the principal amount of $709,080 pursuant to the Local Bond Law of New Jersey. In anticipation of the issuance of said bonds and to temporarily finance said improvements or purposes, negotiable notes of the Borough in a principal amount not exceeding $709,080 are hereby authorized to be issued pursuant to and within the limitations prescribed by said Local Bond Law.
Section 3. The improvements hereby authorized and the several purposes for the financing of which said obligations are to be issued, the appropriation made for and estimated cost of each such purpose, and the estimated maximum amount of bonds or notes to be issued for each such purpose, are respectively as follows:
IMPROVEMENT OR PURPOSE
(a) Acquisition by purchase of new and additional equipment including a tire changer, a tire balance, office equipment and an air conditioning machine for use by the Department of Public Works of the Borough, personal protective equipment, a fire hose and the retrofitting of a fire engine for use by the Volunteer Fire Department of the Borough, and a garbage bag vending machine and a key fob card system for use by the Administrative Department of the Borough, together with all appurtenances, attachments and accessories necessary therefor or incidental thereto, all as shown on and in accordance with the specifications therefor on file or to be filed in the office of the Borough Clerk and hereby approved
BOROUGH OF MOUNTAIN LAKES
JUNE 9, 2014
PAGE THREE
APPROPRIATION ESTIMATED MAXIMUM AMOUNT
AND ESTIMATED COST OF BONDS AND NOTES
$80,100 $76,095
(b) Improvement of municipally-owned properties and facilities in and by the Borough, including Borough Hall by the upgrade of the jet-vac system, various trails by the upgrade thereof and installation of signage, Midvale Field by the upgrade of the playground, the installation of new playground equipment and the improvement of the boat launch, including also initial costs associated with improvements to Sunset Dam, Island Beach and Birchwood Beach, together with for all the aforesaid all designs, studies, engineering, equipment, structures, site work, work and materials necessary therefor or incidental thereto, all as shown on and in accordance with the plans and specifications therefor on file or to be filed in the office of the Borough Clerk and hereby approved
APPROPRIATION ESTIMATED MAXIMUM AMOUNT
AND ESTIMATED COST OF BONDS AND NOTES
$251,000 $238,450
(c) Acquisition by purchase and installation, as necessary, of new and additional computer equipment including a vehicle computer diagnostics system for use by the Department of Public Works of the Borough, together with all appurtenances, attachments and accessories necessary therefor or incidental thereto, all as shown on and in accordance with the specifications therefor on file or to be filed in the office of the Borough Clerk and hereby approved
APPROPRIATION ESTIMATED MAXIMUM AMOUNT
AND ESTIMATED COST OF BONDS AND NOTES
$4,000 $3,800
(d) Improvement of various roads and locations in and by the Borough by the reconstruction and resurfacing thereof to provide roadway pavements at least equal in useful life or durability to a roadway pavement of Class B construction (as such term is used or referred to in Section 40A:2-22 of said Local Bond Law), including without limitation Glenn Road and Kenilworth Road, together with all structures, drainage improvements, equipment, site work, work and materials necessary therefor or incidental thereto, all as shown on and in accordance with the plans and specifications therefor on file or to be filed in the office of the Borough Clerk and hereby approved, the $406,300 hereby appropriated therefor being inclusive of the sum of $190,000 received or expected to be received by the Borough from the New Jersey Department of Transportation as a grant-in-aid of financing said improvement or purpose
APPROPRIATION ESTIMATED MAXIMUM AMOUNT
AND ESTIMATED COST OF BONDS AND NOTES
$406,300 $205,485
(e) Construction or reconstruction of curbs and sidewalks in and along various streets and locations in and by the Borough, together with all structures, road resurfacing, equipment, site work, work and materials necessary therefor or incidental thereto, all as shown on and in accordance with the plans and specifications therefor on file or to be filed in the office of the Borough Clerk and hereby approved
APPROPRIATION ESTIMATED MAXIMUM AMOUNT
AND ESTIMATED COST OF BONDS AND NOTES
$100,000 $95,000
(f) Improvement of the storm water drainage system in and by the Borough, including the reconstruction of drainage facilities and catch basins in and along portions of various roads and locations, together with all structures, road resurfacing, equipment, site work, work and materials necessary therefor or incidental thereto, all as shown on and in accordance with the plans and specifications therefor on file or to be filed in the office of the Borough Clerk and hereby approved
APPROPRIATION ESTIMATED MAXIMUM AMOUNT
AND ESTIMATED COST OF BONDS AND NOTES
$65,000 $61,750
(g) Improvement of the water supply and distribution system and the installation and upgrade of fire hydrants in and by the Borough, together with all structures, equipment, site work, work and materials necessary therefor or incidental thereto, all as shown on and in accordance with the plans and specifications therefor on file or to be filed in the office of the Borough Clerk and hereby approved
APPROPRIATION ESTIMATED MAXIMUM AMOUNT
AND ESTIMATED COST OF BONDS AND NOTES
$30,000 $ 28,500
TOTALS
$936,400 $709,080
BOROUGH OF MOUNTAIN LAKES
JUNE 9, 2014
PAGE FOUR
Except as otherwise stated in paragraph (d) above with respect to the said $190,000 grant-in-aid of financing the improvement or purpose described in said paragraph, the excess of the appropriation made for each of the improvements or purposes aforesaid over the estimated maximum amount of bonds or notes to be issued therefor, as above stated, is the amount of the said down payment for said purpose.
Section 4. The following additional matters are hereby determined, declared, recited and stated:
(a) The said purposes described in Section 3 of this bond ordinance are not current expenses and each is a property or improvement which the Borough may lawfully acquire or make as a general improvement, and no part of the cost thereof has been or shall be specially assessed on property specially benefited thereby.
(b) The average period of usefulness of said purposes within the limitations of said Local Bond Law and taking into consideration the respective amounts of the said obligations authorized for the several purposes, according to the reasonable life thereof computed from the date of the said bonds authorized by this bond ordinance, is 16.02 years.
(c) The supplemental debt statement required by said Local Bond Law has been duly made and filed in the office of the Borough Clerk and a complete executed duplicate thereof has been filed in the office of the Director of the Division of Local Government Services in the Department of Community Affairs of the State of New Jersey, and such statement shows that the gross debt of the Borough as defined in said Local Bond Law is increased by the authorization of the bonds and notes provided for in this bond ordinance by $709,080, and the said obligations authorized by this bond ordinance will be within all debt limitations prescribed by said Local Bond Law.
(d) Amounts not exceeding $250,000 in the aggregate for interest on said obligations, costs of issuing said obligations, engineering costs and other items of expense listed in and permitted under Section 40A:2-20 of said Local Bond Law may be included as part of the costs of said improvements and are included in the foregoing estimate thereof.
Section 5. The funds from time to time received by the Borough on account of the $190,000 grant referred to in Section 1 of this bond ordinance shall be used for financing the improvement or purpose described in Section 3(d) of this bond ordinance by application thereof either to direct payment of the cost of said improvement or purpose, or to payment or reduction of the authorization of the obligations of the Borough authorized by this bond ordinance. Any such funds so received may, and all such funds so received which are not required for direct payment of such costs shall, be held and applied by the Borough as funds applicable only to the payment of obligations of the Borough authorized by this bond ordinance.
Section 6. All bond anticipation notes issued hereunder shall mature at such times as may be determined by the Chief Financial Officer, provided that no note shall mature later than one year from its date. The notes shall bear interest at such rate or rates and be in such form as may be determined by the Chief Financial Officer. The Chief Financial Officer shall determine all matters in connection with the notes issued pursuant to this bond ordinance, and the Chief Financial Officer’s signature upon the notes shall be conclusive evidence as to all such determinations. All notes issued hereunder may be renewed from time to time subject to the provisions of N.J.S.A. §40A:2-8. The Chief Financial Officer is hereby authorized to sell part or all of the notes from time to time at public or private sale and to deliver them to the purchasers thereof upon receipt of payment of the purchase price plus accrued interest from their dates to the dates of delivery thereof. The Chief Financial Officer is directed to report in writing to the governing body of the Borough at the meeting next succeeding the date when any sale or delivery of the notes pursuant to this bond ordinance is made. Such report must include the principal amount, interest rate and maturities of the notes sold, the price obtained and the name of the purchaser.
Section 7. The full faith and credit of the Borough are hereby pledged to the punctual payment of the principal of and interest on the said obligations authorized by this bond ordinance. Said obligations shall be direct, unlimited obligations of the Borough, and the Borough shall be obligated to levy ad valorem taxes upon all the taxable property within the Borough for the payment of said obligations and interest thereon without limitation of rate or amount.
Section 8. The capital budget or temporary capital budget of the Borough is hereby amended to conform with the provisions of this ordinance to the extent of any inconsistency herewith and the resolutions promulgated by the Local Finance Board showing all detail of the amended capital budget or temporary capital budget and capital program as approved by the Director, Division of Local Government Services, are on file with the Borough Clerk and are available for public inspection.
Section 9. This bond ordinance shall take effect twenty (20) days after the first publication thereof after final adoption, as provided by said Local Bond Law.
BOROUGH OF MOUNTAIN LAKES
JUNE 9, 2014
PAGE FIVE
Following introduction, the above Ordinance will be published in accordance with the law and a public hearing will be held on June 23, 2014.
Mr. Tovo explained that the Borough adopts a similar Ordinance each year. This Ordinance allows the Borough to incur debt in order to fund capital projects.
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Lester |
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McWilliams |
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Holmberg |
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Happer |
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VOTE AS INTRODUCED ON JUNE 9, 2014
9. ORDINANCE 07-14
ORDINANCE PROVIDING FOR IMPROVEMENT OF BRIARCLIFF ROAD AND CRANE ROAD IN AND BY THE BOROUGH OF MOUNTAIN LAKES, IN THE COUNTY OF MORRIS, NEW JERSEY, AND MAKING AN APPROPRIATION OF $230,000 THEREFOR CONSTITUTING PROCEEDS OF A GRANT FROM THE NEW JERSEY DEPARTMENT OF TRANSPORTATION
BE IT ORDAINED by the Borough Council of the Borough of Mountain Lakes, in the County of Morris, State of New Jersey, as follows:
Section 1. The improvement described in Section 2 of this Ordinance is hereby authorized as a general improvement to be made or acquired by the Borough of Mountain Lakes, New Jersey, and there is hereby appropriated therefor the sum of $230,000 constituting moneys received or expected to be received by the Borough from the New Jersey Department of Transportation as a grant-in-aid of financing said improvement.
Section 2. The improvement heretofore and hereby authorized and purpose for the financing of which the appropriation is made as provided in Section 1 of this Ordinance is the improvement of Briarcliff Road and Crane Road in and by the Borough, including the construction or reconstruction thereof, together with all inlets, drainage improvements, milling, equipment, site work, work and materials necessary therefor or incidental thereto, all as shown on and in accordance with the plans and specifications therefor on file or to be filed in the office of the Borough Clerk and heretofore and hereby approved.
Section 3. The capital budget or temporary capital budget of the Borough is hereby amended to conform with the provisions of this ordinance to the extent of any inconsistency herewith and the resolutions promulgated by the Local Finance Board showing all detail of the amended capital budget or temporary capital budget and capital program as approved by the Director, Division of Local Government Services, are on file with the Borough Clerk and are available for public inspection.
Section 4. This Ordinance shall take effect immediately after final passage and publication in the manner provided by law.
Following introduction, the above Ordinance will be published in accordance with the law and a public hearing will be held on June 23, 2014.
Mr. Tovo explained that in order to expend the grant money the Borough received for road resurfacing, an Ordinance must be in place. No debt will be incurred as a result of this Ordinance, it is an acknowledgement of the receipt of the grant funds.
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Albergo |
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Borin |
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Bravo |
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McWilliams |
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Holmberg |
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Happer |
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VOTE AS INTRODUCED ON JUNE 9, 2014
BOROUGH OF MOUNTAIN LAKES
JUNE 9, 2014
PAGE SIX
10. *RESOLUTIONS:
R89-14 Resolution Supporting the Adoption of ‘Idle Free Zones’ in the Borough of Mountain Lakes
R90-14 Resolution to Support a ‘Safe Routes to School’ Program
R91-14 Resolution Authorizing the Renewal of Liquor Licenses
(Zeris Brothers Inc, Mountain Lakes Wine & Liquor LLC, Frungillo Caterers Inc.)
R92-14 Resolution to Amend Capital Budget
R93-14 Resolution Authorizing the Payment of Bills
11. *MINUTES:
May 27, 2014 (Regular)
12. *BOARD AND COMMISSION AND COMMITTEE APPOINTMENTS NONE
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Borin |
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Lester |
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McWilliams |
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Holmberg |
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13. RESOLUTION 94-14
R94-14 Resolution Authorizing the Renewal of Liquor Licenses (Mountain Lakes Club Inc)
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Borin |
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Lester |
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Holmberg |
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Happer |
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14. ATTORNEY REPORT
Mr. Oostdyk had nothing to report.
15. MANAGER’S REPORT
Mr. Tovo said he will be meeting tomorrow at the Cove with Tony Cerbo in order to determine a planting schedule.
Mr. Tovo reported that he had contacted William duTertre in reference to the sister cities program. Mr. duTertre will be present at the June 23rd Council meeting and will have some additional information to provide to the Council.
Mr. Tovo commended the Green Team on their efforts.
BOROUGH OF MOUNTAIN LAKES
JUNE 9, 2014
PAGE SEVEN
Councilman Lester asked Chief Bennett to address correspondence received by the Councilman from a Parsippany resident regarding traffic issues on Intervale Road. Councilman Lester had forwarded the correspondence to the Chief. Chief Bennett said he had called the individual and had left a message. In addition, the Chief stated officers had been conducting car stops and running radar on Intervale Road. Also, Sergeant Benitez was planning to place twenty-five mile per hour speed limit signs on the side of the road. In reference to speed humps, Chief Bennett said the placement of these would require a traffic study. Councilman Borin suggested contacting the Parsippany Police for additional assistance, since Parsippany residents border one side of Intervale Road. Chief Bennett said he would do so.
Deputy Mayor Holmberg said the Police Department’s efforts had been observed and appreciated and thanked the Chief and the Department for their efforts to create a safe environment. He mentioned the importance of communicating these efforts to the community. Councilman Lester asked the Chief to respond to the individual in writing and to forward a copy of the communication to the Council.
Councilman Lester brought up the issue of dogs on the beach and the signs at Birchwood. He asked Mr. Prusina to make sure the “no dogs on the beach sign” was more conspicuous. Mr. Prusina said he would follow up.
16. COUNCIL REPORTS
Environmental Commission – Councilman Albergo reported the Commission is very pleased with the introduction of the wellhead protection Ordinance and the progress made by the Green Team.
Lakes Management Advisory Committee – Councilman Albergo said the Committee discussed the lake treatments, the geese, and the beavers. Mr. Tovo said he is keeping an eye on the animal situation at Birchwood and working with the Division of Fish and Wildlife.
DPW Subcommittee – Councilman Albergo said the Subcommittee has been discussing the well renovation and the Cove Access Plan. In addition the Subcommittee commended the Department of Public Works for their efforts and a job well done at Mountain Lakes Day. Councilman Albergo said the Subcommittee had set standards for the new park signs. Mr. Prusina will be bringing a sample to the next Council meeting.
Councilman Albergo reported that a meeting recently took place on the topic of water conservation. Present at the meeting were Councilman Albergo, Mr. Prusina, Mr. Ryden, and Mr. Tovo. Councilman Albergo said that the issues brought up by the Council are being met or addressed and the Council should receive a full report in the fall as planned.
17. PUBLIC COMMENT
Please state your name and address for the record. Each speaker is limited to one (1) comment of no more than five (5) minutes and no yielding of time to another person.
Deputy Mayor Holmberg opened the public comment portion of the meeting with the consent of the Council. Deputy Mayor Holmberg explained the Council’s policy of limiting each speaker to five (5) minutes and no yielding of time to another person.
With no one wishing to be heard, Deputy Mayor Holmberg closed the public comment portion of the meeting.
18. ADJOURNMENT at 9:11 PM
Motion made by Councilman McWiliams, second by Councilman Lester, to adjourn the meeting at 9:11 p.m., with all members in favor signifying by “Aye”.
*Indicates Consent Agenda Item
Matters listed as Consent Agenda Items are considered routine and will be enacted by one motion of the Council and one roll call vote. There will be no separate discussion of these items unless a Council member requests an item be removed for consideration.
ATTEST: JUNE 9, 2014
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Michele Reilly, RMC, Borough Clerk Daniel J. Happer, Mayor