City Council

AGENDA FOR THE COUNCIL MEETING OF THE BOROUGH OF MOUNTAIN LAKES HELD AT ML HIGH SCHOOL, 96 POWERVILLE ROAD, MOUNTAIN LAKES, NJ 07046 MARCH 27, 2023 PUBLIC SESSION – BEGINS AT 7PM 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 9, 2023 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) BOROUGH COUNCIL DISCUSSION ITEMS 9) 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. 10) ATTORNEY’S REPORT 11) MANAGER’S REPORT 12) RESOLUTIONS 13) ORDINANCES TO INTRODUCE a. 8-23, Appropriating $1,654,486 and Authorizing the Issuance of $1,203,202 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, New Jersey 14) ORDINANCES TO ADOPT a. 4-23, Authorizing Tax Exemption and Payment in Lieu of Taxes and Adopting and Authorizing the Execution of a Financial Agreement for Payment in Lieu of Taxes with GFM Properties, Inc. LLC, Pursuant to N.J.S.A. 40A:20-1 ET SEQ b. 5-23, COLA, Calendar Year 2023 Ordinance to Exceed the Municipal Budget Appropriation Limits and Establish a Cap Bank c. 6-23, Providing for Various Improvements to be Undertaken by the Borough of Mountain Lakes, in the County of Morris, New Jersey, and Appropriating $20,764 Therefor, Constituting Proceeds of Bonds of the Borough Heretofore Issued and Funds Available Under Ordinances of the Borough Heretofore Adopted d. 7-23, Amending the Chapter 237 of the Revised General Ordinances of the Borough of Mountain Lakes and Requiring the Installation of Meters with Remote Reading Capacity BOROUGH OF MOUNTAIN LAKES MARCH 27, 2023 PAGE 2 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. *RESOLUTIONS a. R98-23, Authorizing the Payment of Bills b. R99-23, Authorizing the Submission of a Grant Application by the Borough of Mountain Lakes to the Morris County Historic Preservation Fund for a 2023 Grant for Preparation of Contract Documents for Exterior Restoration of the Mountain Lakes Train Station Owned by the Borough of Mountain Lakes c. R100-23, Authorizing a Discretionary Award for the Purchase of Glass from East Moline Glass in an Amount that May Exceed $17,500 But Will Be Less than $44,000 d. R101-23. Authorizing an Amendment to the Temporary Budget for the Calendar Year 2023 e. R102-23, Authorizing a Discretionary Award for the Purchase of Stone and Related Materials from Athenia Mason Supply, Inc. in an Amount that May Exceed $17,500 But Will Be Less than$44,000 f. R103-23, Authorizing the Submission of a Grant Application by the Borough of Mountain Lakes to the Preserve New Jersey Historic Preservation Fund for a 2023 Grant for Preparation of Contract Documents for Exterior Restoration of the Mountain Lakes Train Station Owned by the Borough of Mountain Lakes *APPROVAL OF MINUTES 3/13/23 (Regular) *BOARD, COMMITTEE AND COMMISSION APPOINTMENTS 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 Memo M URPHY McKEON P.C. COUNSELLORS-AT-LAW To: Mayor and Council, Borough of Mountain Lakes From: Robert H. Oostdyk, Jr., Esq. Date: March 23, 2023 Re: Committees and Commissions/ Alternate Members At our last Council Meeting we discussed a request from the Affordable Housing Committee to consider appointing alternates to that Committee. The Council requested that the Borough Clerk and I provide information concerning which current committees have alternate members and what the process would be to expand the availability of alternates to other committees. Ms. Fox researched the current commissions and committees and determined the following: Committees / Commissions that have Alternates: • Planning Board • Zoning Board • Health Commission • Shade Tree • Environmental Commission • HPC Committees / Commissions that DON’T have Alternates: • Recreation Commission • Green Team • FAC • Affordable Housing • Lakes Management • Memorial Day • Traffic & Safety • Woodlands • EDAC • Solid Waste It appears that the standing committees/commissions which are either statutory or established by ordinance all have alternates authorized by ordinance and appointed with the exception of the Recreation Commission (Advisory), which is established by ordinance, but has no alternate members. None of the advisory committees, established on an annual basis by resolution, have appointed alternates. The process for changing the current composition of the committees to include alternates would be to simply include an alternate appointment in the annual resolution establishing the Committee. Perhaps when we publicize the availability of open positions on the advisory committees we can invite anyone who may not want to commit to a regular position but would like to serve as an alternate on one of the committees to apply. In the alternatives we could simply wait until a committee expresses an interest in including an alternate and just add the appointment to the resolution re-establishing that committee. If the Recreation Commission wanted to add an alternate that should be established by ordinance because that is a standing committee so established.  RESOLUTION AND ORDINANCE REVIEW FOR THE MARCH 27, 2023 MEETING TO: MAYOR AND COUNCIL FROM: MITCHELL STERN, MANAGER RESOLUTIONS R99-23, AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION BY THE BOROUGH OF MOUNTAIN LAKES TO THE MORRIS COUNTY HISTORIC PRESERVATION FUND FOR A 2023 GRANT FOR PREPARATION OF CONTRACT DOCUMENTS FOR EXTERIOR RESTORATION OF THE MOUNTAIN LAKES TRAIN STATION OWNED BY THE BOROUGH OF MOUNTAIN LAKES - this resolution authorizes the Borough to submit a grant application to the Morris County Historic Preservation Fund for preparation of contract documents for the exterior restoration of the Mountain Lakes Train Station. The proposed 2023 grant application is for a total of $38,350, of which the Borough will request $30,680. The Borough is required to provide a match of $7,670 which the Borough anticipates will come from a New Jersey Historic Trust Fund grant. R100-23, AUTHORIZING A DISCRETIONARY AWARD FOR THE PURCHASE OF GLASS DOORS FROM EAST MOLINE GLASS IN AN AMOUNT THAT WILL EXCEED $17,500 BUT WILL BE LESS THAN $44,000 – this resolution is necessary because the purchase from this vendor will exceed $17,500 during the 2023 calendar year. R101-23. AUTHORIZING AN AMENDMENT TO THE TEMPORARY BUDGET FOR THE CALENDAR YEAR 2023 - this resolution authorizes an increase in the temporary budget, as the original temporary budget is only valid for 90 days. Local budget law provides that the temporary budget may be amended prior to the adoption of the 2023 Budget for purposes and amounts required. R102-23, AUTHORIZING A DISCRETIONARY AWARD FOR THE PURCHASE OF STONE AND RELATED MATERIALS FROM ATHENIA MASON SUPPLY, INC. IN AN AMOUNT THAT MAY EXCEED $17,500 BUT WILL BE LESS THAN$44,000 – this resolution is necessary because anticipated purchases will bring the total purchased from this vendor to more than $17,500 during the 2023 calendar year. R103-23, AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION BY THE BOROUGH OF MOUNTAIN LAKES TO THE PRESERVE NEW JERSEY HISTORIC PRESERVATION FUND FOR A 2023 GRANT FOR PREPARATION OF CONTRACT DOCUMENTS FOR EXTERIOR RESTORATION OF THE MOUNTAIN LAKES TRAIN STATION OWNED BY THE BOROUGH OF MOUNTAIN LAKES - this resolution authorizes the Borough to submit a grant application to the Preserve New Jersey Historic Preservation Fund for preparation of contract documents for the exterior restoration of the Mountain Lakes Train Station. The proposed 2023 grant application is for a total of $38,350, of which the Borough will request $7,670. The Borough is required to provide a match of $30,680 which the Borough anticipates will come from a Morris County Historic Preservation Trust Fund grant. ORDINANCES TO INTRODUCE 8-23, APPROPRIATING $1,654,486 AND AUTHORIZING THE ISSUANCE OF $1,203,202 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, NEW JERSEY – this bond ordinance appropriates $1,654,486 for various improvements to be undertaken by the Borough and authorizes the issuance of a maximum $1,203,202 in bonds, provides for application of a $326,484 down payment understood to be presently available and appropriates the expected $124,800 NJDOT grant. Adoption of this ordinance is recommended by the Borough Manager and CFO. ORDINANCES TO ADOPT 4-23, AUTHORIZING TAX EXEMPTION AND PAYMENT IN LIEU OF TAXES AND ADOPTING AND AUTHORIZING THE EXECUTION OF A FINANCIAL AGREEMENT FOR PAYMENT IN LIEU OF TAXES WITH GFM PROPERTIES, INC. LLC, PURSUANT TO N.J.S.A. 40A:20-1 ET SEQ – this ordinance authorizes the Borough to enter into a Payment in Lieu of Taxes (PILOT) agreement with GFM Properties, Inc. LLC. 5-23, COLA, CALENDAR YEAR 2023 ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND ESTABLISH A CAP BANK - this ordinance authorizes the Borough to increase the annual budget by up to 3.5% over the previous year, if necessary. This ordinance is adopted annually. Adoption of this ordinance is recommended by the Borough CFO and Auditor. 6-23, PROVIDING FOR VARIOUS IMPROVEMENTS TO BE UNDERTAKEN BY THE BOROUGH OF MOUNTAIN LAKES, IN THE COUNTY OF MORRIS, NEW JERSEY, AND APPROPRIATING $20,764 THEREFOR, CONSTITUTING PROCEEDS OF BONDS OF THE BOROUGH HERETOFORE ISSUED AND FUNDS AVAILABLE UNDER ORDINANCES OF THE BOROUGH HERETOFORE ADOPTED – this ordinance amends the purpose of previously adopted ordinance #4-20 to allow for the purchase of personal protective equipment and also amends the purpose of previously adopted ordinance #10-22 to allow for the purchase of DPW vehicular equipment. 7-23, AMENDING THE CHAPTER 237 OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF MOUNTAIN LAKES AND REQUIRING THE INSTALLATION OF METERS WITH REMOTE READING CAPACITY - this ordinance amends the fee ordinance to accommodate a $50.00 fee for unscheduled and manual water meter readings. The fee matches the Borough’s fee for final water meter readings and is in line with the costs incurred by the Borough (labor and equipment) and neighboring communities. The fee adjustment has been recommended by the Borough Manager. If there are any questions prior to the meeting, please feel free to contact me.  BOROUGH OF MOUNTAIN LAKES COUNTY OF MORRIS, NJ RESOLUTION 99-23 “RESOLUTION AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION BY THE BOROUGH OF MOUNTAIN LAKES TO THE MORRIS COUNTY HISTORIC PRESERVATION TRUST FUND FOR A 2023 GRANT FOR PREPARATION OF CONTRACT DOCUMENTS FOR EXTERIOR RESTORATION OF THE MOUNTAIN LAKES TRAIN STATION OWNED BY THE BOROUGH OF MOUNTAIN LAKES” WHEREAS, the Borough of Mountain Lakes ("Borough") is the owner of the 1912 Mountain Lakes Train Station, located at 99 Midvale Road in the Borough of Mountain Lakes; WHEREAS, the Borough has been offered the opportunity to apply for a 2023 Grant from the Morris County Historic Preservation Trust Fund grant program; and WHEREAS, the Borough's grant application must be signed by an authorized representative of the Borough. NOW, THEREFORE, BE IT RESOLVED by the Borough Council of the Borough of Mountain Lakes, County of Morris, State of New Jersey as follows: 1. The Borough hereby authorizes the submission of an application to the Morris County Historic Preservation Trust Fund for a 2023 Non-Construction Grant for preparation of Contract Documents for Exterior Restoration of the Mountain Lakes Train Station. 2. The Borough hereby authorizes Mayor Khizar Sheikh, or his authorized designee, to sign the assurances. 3. The proposed 2023 grant application is for a total project of $38,350, of which the Borough will request $30,680 and is required to provide a match of $7,670; this match requirement will come from an anticipated 2023 application to the New Jersey Historic Trust and will be used in accordance with applicable grant rules and regulations. 4. This resolution shall be submitted as part of the 2023 grant application package submittal to the Morris County Historic Preservation Trust Fund. 5. The Mayor, the Borough Clerk, together with all other appropriate officers, employees, professionals and staff of the Borough are hereby authorized and directed to take all steps necessary to effectuate the purpose of this resolution.  CERTIFICATION: I hereby certify the foregoing to be a true and correct copy of a resolution duly adopted by the Borough Council of Mountain Lakes, New Jersey, at a meeting held on March 27, 2023. ____________________________ Cara Fox, Borough Clerk Name Motion Second Aye Nay Absent Abstain Cannon Korman Menard Muilenburg Richter Barnett Sheikh  BOROUGH OF MOUNTAIN LAKES COUNTY OF MORRIS, NJ RESOLUTION 103-23 “RESOLUTION AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION BY THE BOROUGH OF MOUNTAIN LAKES TO THE PRESERVE NEW JERSEY HISTORIC PRESERVATION FUND FOR A 2023 GRANT FOR PREPARATION OF CONTRACT DOCUMENTS FOR EXTERIOR RESTORATION OF THE MOUNTAIN LAKES TRAIN STATION OWNED BY THE BOROUGH OF MOUNTAIN LAKES” WHEREAS, the Borough of Mountain Lakes ("Borough") is the owner of the 1912 Mountain Lakes Train Station, located at 99 Midvale Road in the Borough of Mountain Lakes; WHEREAS, the Borough has been offered the opportunity to apply for a 2023 Grant from the Preserve New Jersey Historic Preservation Fund administered by the New Jersey Historic Trust; and WHEREAS, the Borough's grant application must be signed by an authorized representative of the Borough. NOW, THEREFORE, BE IT RESOLVED by the Borough Council of the Borough of Mountain Lakes, County of Morris, State of New Jersey as follows: 1. The Borough hereby authorizes the submission of an application to the Preserve New Jersey Historic Preservation Fund for a 2023 Non-Construction Grant for preparation of Contract Documents for Exterior Restoration of the Mountain Lakes Train Station. 2. The Borough hereby authorizes Mayor Khizar Sheikh, or his authorized designee, to sign the assurances. 3. The proposed 2023 grant application is for a total project of $38,350, of which the Borough will request $7,670 with a match of $30,680 that will come from an anticipated 2023 grant application to the Morris County Historic Preservation Trust Fund and will be used in accordance with applicable grant rules and regulations. 4. This resolution shall be submitted as part of the 2023 grant application package submittal to the Preserve New Jersey Historic Preservation Fund. 5. The Mayor, the Borough Clerk, together with all other appropriate officers, employees, professionals and staff of the Borough are hereby authorized and directed to take all steps necessary to effectuate the purpose of this resolution.  CERTIFICATION: I hereby certify the foregoing to be a true and correct copy of a resolution duly adopted by the Borough Council of Mountain Lakes, New Jersey, at a meeting held on March 27, 2023. ____________________________ Cara Fox, Borough Clerk Name Motion Second Aye Nay Absent Abstain Cannon Korman Menard Muilenburg Richter Barnett Sheikh