May 28, 2013







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, 2013 and posted in the municipal building.


Mayor Happer called the meeting to order at 8:00 pm.



Ms. Reilly called the roll. All Council members were present except for Councilman Holmberg, who was absent. Also in attendance were Borough Attorney James Bryce, Borough Manager Robert Tovo, Borough Clerk Michele Reilly, as well as Police Chief Shawn Bennett.

3.             FLAG SALUTE


4.             EXECUTIVE SESSION:                                                                     None




Mayor Happer commented on the success of the Memorial Day event and thanked the Committee, the Department of Public Works, the Police Department, and the Borough staff for their efforts. Councilwoman Bravo commended the Committee for their hard work and also offered thanks to Deputy Mayor McWilliams for putting out flags along the Boulevard, something he has done for over twenty (20) years.


Deputy Mayor McWilliams said he had recently represented the Borough at the YMCA Citizen of the Year Award dinner. The YMCA’s Citizen of the Year from Mountain Lakes was Bonnie O’Mullane. The Mountain Lakes Club also received recognition from the YMCA.


Deputy Mayor McWilliams also mentioned the article in the Daily Record which touted Mountain Lakes as having the second smallest average tax increase in Morris County since 2009. He offered congratulations to the previous and present Borough Councils.


6.             PUBLIC COMMENT


Mayor Happer opened the public comment portion of the meeting with the consent of the Council. Mayor Happer 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 explained there was a tree on his neighbor’s property which he felt was dangerous. He had notified the property owner via registered mail and had also notified the Borough. He expressed his anger and frustration at the fact that the issue was still on-going.


Stephen Shaw – Point View Place

Mr. Shaw thanked the Council for their service and for a phenomenal Memorial Day event. He said he had received much positive feedback from the community and that the Borough and Committee had done an excellent job recognizing the true meaning of Memorial Day. He suggested the Council consider staggered terms for the Communications Committee.


George Yeh – East Shore Road

Mr. Yeh thanked the Council for recognizing the hard work of Borough employees and asked for a round of applause.


Margaret Gossett – Glen Road

Ms. Gossett thanked the Council for their volunteer service and extended thanks from Linda O’Sullivan for all those who participated in the Borough Council goes to Briarcliff event. She asked for access to minutes from 1982 to assist her with her research on the Waterview project. Mayor Happer asked her to contact Ms. Reilly.


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


Councilwoman Bravo asked Mr. Tovo to comment on Mr. Kanter’s tree situation. Mr. Tovo said the homeowner had agreed to have the tree removed and the Borough was coordinating this effort. He had asked Mr. Kanter to allow a tree company to access the tree via his property and Mr. Kanter had refused. Mr. Tovo said he was working on finding another egress.

7.             DISCUSSION ITEM:

                Communications Committee Charter


The Council consensus was that the Charter was acceptable with the following changes: staggered terms as suggested by Mr. Shaw, and including the DPW in Guiding Principle #3 (“creating a structure for residents, the Borough, the Police and the Board of Education to work together and feel engaged”) as suggested by Councilman Bradlee. Mayor Happer reminded the Council that members of the Web Committee would be offered the opportunity to join the new Communications Committee. Councilwoman Bravo suggested the Manager attend the Committee meetings. Mayor Happer said a Resolution forming the new Committee would be presented at the next Borough Council meeting.


8.             *RESOLUTIONS:

R106-13                Resolution Authorizing the Refund of Overpayment of Water and Sewer Fees – Block 31, Lot 23

R107-13                Resolution Authorizing the Redemption of Tax Title Lien – Block 60, Lot 32, 29 North Glen Road

R108-13                Resolution Authorizing Membership in the New Jersey State Firemen’s Association - Greer

R109-13                Resolution Authorizing the Execution of an Interlocal Services Agreement Between the Borough of                                              Mountain Lakes and the County of Morris for Dispatching Services

R110-13                Resolution Authorizing the Payment of Bills


9.             *MINUTES:                          

                April 20, 2013 (Special Meeting)

                May 13, 2013 (Executive)

                May 13, 2013 (Regular)


10.          *COMMITTEE AND COMMISSION APPOINTMENTS:                                See Attached


Council Member





































































Councilman Borin made a motion to excuse the absence of Councilman Holmberg, who had a work conflict, second by Deputy Mayor McWilliams, with all members in favor signifying by “Aye”.


11.          ATTORNEY’S REPORT:


Mr. Bryce had nothing to report.


12.          MANAGER’S REPORT:


Mr. Tovo reported that the staging and prepping for the Canal cleaning project will begin early this week.


13.          COUNCIL REPORTS:


Woodlands Committee – Councilman Lester said the Committee is working with the Department of Public Works on the sign issue.


Shared Service Sub-Committee – Councilwoman Bravo said the sub-committee is discussing the current agreements and will pick a few to review this year.


Public Safety Sub-Committee – Councilwoman Bravo told the Council that the Committee will be reviewing Ordinances and presenting some for revision.


Library Committee – Councilwoman Bravo said that the Library just finished offering its film series and is getting ready for some capital improvements.


Zoning Board of Adjustment – Councilman Borin reported that the Board needs one alternate member.


Environmental Commission – Councilman Borin reminded the Council that the Environmental Commission would be making a presentation regarding well-head protection at the June 10th meeting.


Shade Tree Commission – Deputy Mayor McWilliams mentioned the appointment of new member Heather Scott, which was voted on during the Consent Agenda.


Finance Advisory Committee – Mayor Happer reported that the Committee had received a copy of the 2012 audit to review, as had the rest of the Borough Council. He said that issues which had concerned the auditor over the past several years had been resolved.



                Michele Reilly


The Oath of Office was administered to Michele Reilly by Mayor Happer, with her father Clifford Keezer holding the Bible.


15.          PUBLIC COMMENT:


Mayor Happer opened the second public comment portion of the meeting with the consent of the Council. Mayor Happer explained the Council’s policy of limiting each speaker to five (5) minutes and no yielding of time to another person.

Joyce Leuchten – Crystal Road

Ms. Leuchten thanked the Council for hiring Ms. Reilly and offered her congratulations.


George Jackson – Sherwood Drive

Mr. Jackson offered his congratulations to Ms. Reilly upon her appointment.


Fred Kanter – Hanover Road

Mr. Kanter said that, regarding Mr. Tovo’s comments that he would not allow access to his property, if he had asked to use Borough property he would have had to provide hold harmless insurance. He wants the same assurances from the Borough. He requested answers regarding what was taking place with his tree situation.


George Yeh – East Shore Road

Mr. Yeh offered his thanks to the Borough for all the hard work of the employees and asked for a round of applause.


Joan Best – Intervale Road

Ms. Best said she was a former member of the Shade Tree Commission and that Mr. Kanter’s issue sounded like a neighbor issue, not one that should involve the Borough. She reminded Mr. Kanter that he has the right to remove any part of the tree which is on his property.


Mayor Happer suggested to Mr. Kanter that he contact his neighbor.


Charles Gormally – Boulevard

Mr. Gormally said the previous and present Council had made the right decision by promoting Ms. Reilly to Borough Clerk and offered his congratulations.


Fred Kanter – Hanover Road

Mr. Kanter took issue with Mayor Happer’s response to comments made by him concerning the Council and Memorial Day. He requested an apology from Mayor Happer and one was offered.


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












16.          ADJOURNMENT at 8:45 p.m.


Motion made by Councilwoman Bravo, second by Councilman Bradlee, to adjourn the meeting at 8:45 p.m., with all members in favor signifying by “Aye”.


*Consent Agenda (Matters listed 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: May 28, 2013



____________________________________                                            _______________________________ 

Michele Reilly, RMC, Borough Clerk                                                               Daniel J. Happer, Mayor