City Council

AGENDA FOR THE COUNCIL MEETING OF THE BOROUGH OF MOUNTAIN LAKES HELD AS A REMOTE MEETING ON ZOOM FEBRUARY 14, 2022 PUBLIC SESSION – BEGINS AT 7:30 PM To Participate via computer please use the following link: https://zoom.us/j/208487754 or call iPhone one-tap : US: +13126266799,, 208487754# or +19292056099,,208487754# Or Telephone: Dial (for higher quality, dial a number based on your current location): US: +1 312 626 6799 or +1 929 205 6099 or +1 346 248 7799 or +1 669 900 6833 or +1 253 215 8782 or +1 301 715 8592 Webinar ID: 208 487 754 If calling into the meeting via telephone, the following commands can be entered via DTMF tones using your phone's dial pad while in a Zoom meeting: *6 - Toggle mute/unmute *9 - Raise hand (once hand is raised, it cannot be lowered. If you change your mind and choose not to speak, when called upon, please let us know that you have changed your mind). 1) CALL TO ORDER AND OPEN PUBLIC MEETINGS ACT STATEMENT – Mayor This meeting is being held in compliance with Public Law 1975, Chapter 231, Sections 4 and 13, as notice of this meeting has been reported to The Citizen and the Morris County Daily Record and The Star Ledger on January 4, 2022 and posted in the municipal building. 2) ROLL CALL ATTENDANCE - Clerk 3) FLAG SALUTE – Mayor 4) EXECUTIVE SESSION 5) COMMUNITY ANNOUNCEMENTS 6) SPECIAL PRESENTATIONS 7) REPORTS OF BOROUGH ESTABLISHED BOARDS, COMMISSIONS AND COMMITTEES 8) 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. 9) BOROUGH COUNCIL DISCUSSION ITEMS a. Fourth Quarter 2021 Current Budget Report b. Fourth Quarter 2021 Water Budget Report and Fourth Quarter 2021 Sewer Budget Report c. Trust Balances d. Capital Account Balances e. Borough Council Goals 10) ATTORNEY’S REPORT 11) MANAGER’S REPORT a. 2022 Budget Update 12) RESOLUTIONS 13) ORDINANCES TO INTRODUCE 14) ORDINANCES TO ADOPT 15) *CONSENT AGENDA ITEMS 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. BOROUGH OF MOUNTAIN LAKES FEBRUARY 14, 2022 PAGE 2 *RESOLUTIONS a. R78-22, Authorizing the Payment of Bills b. R79-22, Authorizing the Settlement of a Tax Appeal c. R80-22, Authorizing the Conditional Release and Reduction of Performance Guarantees Submitted by Pulte Homes of NJ (Enclave at Mountain Lakes and Accepting Public Improvements by the Developer d. R81-22, Authorizing the Submission of a Grant Application by the Borough of Mountain Lakes to the Morris County Historic Preservation Plan for the Borough of Mountain Lakes Train Station Owned by the Borough of Mountain Lakes e. R82-22, Adopting the Revised Personnel Policy & Procedure Manual f. R83-22 Authorizing the Transfer of Appropriations *APPROVAL OF MINUTES 1/19/22 (Regular) 1/24/22 (Regular) 1/26/22 (Regular) *BOARD, COMMITTEE AND COMMISSION APPOINTMENTS a. Catherine Mitchell to the Shade Tree Commission as Member with a term expiring 12/31/26 16) DEPARTMENT REPORTS SUBMITTED FOR FILING Construction Department Department of Public Works Fire Department Health Department Police Department Recreation Department Code Enforcement/Property Maintenance 17) COUNCIL REPORTS 18) 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. 19) NEXT STEPS AND PRIORITIES 20) ADJOURNMENT  BOROUGH OF MOUNTAIN LAKES COUNTY OF MORRIS, NJ RESOLUTION 80-22 "RESOLUTION AUTHORIZING THE CONDITIONAL RELEASE AND REDUCTION OF PERFORMANCE GUARANTEES SUBMITTED BY PULTE HOMES OF NEW JERSEY (ENCLAVE AT MOUNTAIN LAKES) AND ACCEPTING PUBLIC IMPROVEMENTS COMPLETED BY THE DEVELOPER" WHEREAS, Kings Mountain Lakes, LLC the original developer of land identified on a certain site plan and/or subdivision plat known as Block 116, Lot 3.01, located along Route 46; was granted approval by the Borough of Mountain Lakes Planning Board pursuant to Resolution dated September 14, 2017; and WHEREAS, the Borough of Mountain Lakes and the developer entered into a Developer's Agreement which Agreement provided for the completion of various improvements and obligations required by the approvals and provided for the posting of performance guarantees related to the completion of the improvements; and WHEREAS, the Borough was notified that Pulte Homes of NJ, Limited Partnership had succeeded Kings Mountain Lakes, LLC as developer of the Project and had agreed to all obligations under the Agreement and consented to the assignment of the Agreement; and WHEREAS, Pulte Homes of NJ provided a substitute performance surety bond issued by Liberty Mutual Insurance Company in the amount of $1,695,348.36 and a cash guarantee of $405,525.13 to guarantee the completion of the improvements which was later reduced to $106,494.60 (cash portion $10,649.46 and $95,845.14 bond portion); and WHEREAS, Pulte Homes of NJ submitted a substitute bond issued by Argonaunt Insurance Company in the amount of $95,845.14 to guarantee the completion of the improvements for which bonding was required; and WHEREAS, separate bonds were posted for Sherwood Drive paving in the amount of $27,540.00 and landscape and tree replacement in the amount of $35,100.00 both bonds issued by Liberty Mutual Insurance Company; and WHEREAS, Pulte Homes has requested the release of the performance guarantees and the acceptance of all bonded public improvements related to the project; and WHEREAS, The Borough Engineer has reviewed the request and recommend the full release of guarantees and acceptance of the public right of way improvements and the Sherwood Drive paving improvements, and the partial release of the landscaping and tree replacement guarantee of the reasons set forth in his memo dated January 26, 2022. NOW, THEREFORE, BE IT RESOLVED by the Borough Council of the Borough of Mountain Lakes, County of Morris, State of New Jersey, that Performance Bond number 268011250 in the amount of $27,540.00 issued by Liberty Mutual Insurance Company and posted by Pulte Homes of NJ, together with the cash portion of the guarantee, are hereby released conditioned on the posting of a maintenance bond in an amount and form acceptable to the Borough Engineer and Borough Attorney and that the public improvements subject to the guarantee are hereby accepted by the Borough; and BE IT FURTHER RESOLVED, that Performance Surety Bond No. SUR0051949 issued by Argonaut Insurance Company in the amount of $95,845.14 and posted by Pulte Homes of NJ, together with the cash portion of the guarantee, are hereby released conditioned on the posting of a maintenance bond in an amount and form acceptable to the Borough Engineer and Borough Attorney, and the public improvements subject to the guarantee are hereby accepted by the Borough; and BE IT FURTHER RESOLVED, that Performance Surety Bond No. 26801124 issued by Liberty Mutual Insurance Company in the amount of $35,100.00 and posted by Pulte Homes of NJ, together with the cash portion of the guarantee, are hereby reduced to $12,750.00 and may be released upon the posting of both a maintenance and a substitute bond acceptable to the Borough Engineer and Borough Attorney.