7:30 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 6, 2009 and posted in the municipal building.


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



       All Council members were present.

       Also in attendance were Borough Attorney Marty Murphy, Interim Manager Robert Tovo and

       Borough Clerk Christina Whitaker.                                  



                 Resolution 118-09

                 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:


·        Negotiations with Denville Courts


                        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 Happer, second by Councilwoman Emr, to enter into Executive Session, with all members in favor signifying by “Aye.”


Motion by Councilwoman Bravo, second by Councilman McWilliams, to close the Executive Session and return to the public portion of the meeting, with all members in favor signifying by “Aye.”



      Mayor Shaw announced that Barry Lewis, the new Borough Manager, would be starting on

      October 5, 2009.


     The Shared Service Task Force will hold a public forum at the high school media center on

     October 1, 2009 at 7:30 p.m.


      Borough offices will be closed on Monday, October 12 in recognition of Columbus Day. The

      next meeting of the Borough Council will be held on Tuesday, October 13.


5. SPECIAL PRESENTATION/Special Resolution

      Mayor Shaw noted that this meeting would be Chief Tovo’s final as Interim Borough Manager.

      Special Resolution 02-09 (hereto attached) was unanimously adopted by the Borough

      Council. The resolution recognized Chief Tovo’s achievements as Police Chief and Interim



     Mayor Shaw said that the Borough was surprised when Joe Tempesta gave his notice in June.

     But when asked by the Council to fill in on a temporary basis, Chief Tovo agreed to do whatever was

     asked of him.


    Councilwoman Emr said Susan Ferguson asked that the following comments be conveyed to the


    Ms. Ferguson said the Chief had been terrific and she enjoyed working with him on behalf of the Lakes

    Management Committee. A record rainfall and poor conditions of the boards in the spillways of

    the two dams had him facing a challenge almost immediately. He took initiative and got up to

    speed right away on the water levels in the lakes and the conditions of the dams.

    He worked successfully with complaining homeowners and initiated a careful and methodical way

    to lower the water levels in both lakes  providing much needed data for Lakes Management to work

    with.  He reviewed the conditions of the boards in the spillways, worked with the engineer to order new

    boards made out of a strong composite material, and organized a rebuilding of the Mountain Lakes

    spillway utilizing a temporary “port-a-dam”.


    Councilwoman Emr said that Cathy Harvey told her that he was wonderful with both the

    Environmental Commission and the COAH/Highlands Committee.  When anything was

    needed, the Chief provided Ms. Harvey with information the next day, sometimes resolving

    issues that had been overlooked for months.


   On a personal note, Councilwoman Emr said she wanted to mention a list of tasks Chief Tovo had

   accomplished since the beginning of July when he became the Interim Manager:


“DPW reorganization—He restructured the work orders in the DPW so that each one

   included the names of employees and start and stops times of each project so that there’s a sense of accountability.  For the first time that I know of, we can now quantify hours and dollars of the DPW to measure productivity and develop a real  accounting of the DPW and Board of Education shared services. 

   He carried out an auction of old Borough items and found a government web site to

   auction off more expensive used equipment.


   Broadcast e-mail—He worked with Michelle Reilly to take the languishing broadcast e-mail project and create a successful and very popular communication tool for the Borough, fine tuning the e-mails with each announcement. Our web site committee couldn’t believe it actually got off the ground!


Responsiveness to committees and commissions. He was very busy at night and went to many committees and commission meetings and impressed them all with his responsiveness to their needs.


   Drainage problems fixed— Resident complaints about drainage issues were addressed quickly to the satisfaction of the homeowners.”


   Councilwoman Emr said she thanked the Chief for his service to the Borough, “especially in this emergency when he stepped up to the plate and did two jobs with a very small extra stipend of $1,500 a month, saving the Borough about $25,000 from our budget for the manager’s salary.”


Councilman McWilliams said he appreciated the great job the Chief had done.


Councilman Jackson said the Council was originally just looking for the Chief to keep the Borough on course but he did much more than that.


Deputy Mayor Gormally said the Chief pushed everything forward so no ground was lost during the interim period. He said the Chief did a “phenomenal job” for the Borough.


  Councilman Happer said the Chief was very professional in his approach and provided the Council with good advice.


Councilwoman Bravo said that the Chief demonstrated what Mountain Lakes is all about “caring.”  She said he cares deeply for the Borough and its residents.


      Chief Tovo said he enjoyed his interim position and would consider holding such a position in

      the future.



  Mayor Shaw explained the Council’s policy of limiting each speaker to five (5) minutes and no yielding of time to another person.


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


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

open to the public



A.            Fire Truck Bonding/Bond Ordinance

          Fire Chief Steve Butera provided the Council with a sample spec packet and explained what would

          be included in the specification for the fire truck.

          The Council discussed how explicit the specs would be to ensure the fire department

          received the equipment it actually needed. Fire Chief Butera said the department reviewed its

          older vehicle to determine what changes would be needed for the new truck.

          Acting CFO Ken Huelbig explained it was necessary to introduce an amendment to bond

          ordinance 06-09 before the fire department could go out for bids. (ordinance 17-09 hereto



B. Professional Reviews

       The Council reviewed the reappointment schedule maintained by the Clerk.


C. Manager/Policy Direction

          The Mayor said he has already spoken to Barry Lewis about reviewing the Borough’s personnel


          Councilman Jackson said reviewing health benefits must be a top priority.

          Other areas of concern were lakes and dams, the Highlands – COAH, and tax appeals and




      R 113-09 Salary

      R 114-09 Tax Refund

      R 115-09 Tax Refund

      R 116-09 Tax Refund

      R 117-09  Payment of Bills



 September 14, 2009- Regular

 September 14, 2009- Executive



Council Member





































































     10. ATTORNEY’S REPORT - none



      Chief Tovo explained the “Memorandum of Understanding”, (hereto attached) between South City

      Grill and the Borough regarding the prohibiting of special events that are not affiliated with South City



      Chief Tovo said he and Mark Prusina inspected the sidewalks on Larchdell Way and Beechway and

      recommended replacing the sidewalks rather than patching them. To replace the sidewalks would

      cost approximately $28,000 compared to $14,000 to patch. The funds are available for replacement. 

      Students in route to the schools use the sidewalks.


      The majority of Council voted in favor to replace the sidewalks with concrete as recommended by the

      DPW Director and Chief.


      Councilman Jackson said he would prefer waiting until next year to replace the sidewalks and would

      like an update on capital spending.


      The Chief updated the Council on the Fanny Road drainage issues.  He said 2 to 3 catch basin might

      be needed for a long-term solution. He noted that Boonton could connect into the Borough’s existing

      drainage pipes.


      During the summer months the DPW will schedule garbage cleanup at the beaches on Monday,

     Wednesday and Friday and two times in the winter. 


     Chief Tovo updated the Council on the condition of the lakes. He told Council members that Allied

     Biological recommended Hydro-Raking of Grunden's Pond.  



The Woodlands Committee has agreed to help with an Eagle Scout project that includes removing evasive plants in pocket parks.


There is a vacancy on the Zoning Board of Adjustment.


Mayor Shaw said it was time for Commissions and Committees to review goals and appointments for the coming year. He asked the liaisons to inform their chair’s to start working on these items.



Motion by Councilman McWilliams, second by Councilman Jackson, to adjourn the meeting at 9:56 p.m. with all members in favor signifying by “Aye.”




*Consent Agenda

           Attest:___________________________                            ________________________

             Christina Whitaker, Clerk                                             Stephen H. Shaw, Mayor