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 NOVEMBER 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 a. Finance Advisory Committee Overview & Debt Discussion 8) BOROUGH COUNCIL DISCUSSION ITEMS 9) PUBLIC COMMENT Please state your name 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. 16-23, Ordinance Authorizing the Execution of a Rental Agreement to the Borough of Mountain Lakes from The Community Church of Mountain Lakes 14) ORDINANCES TO ADOPT a. 15-23, An Ordinance of the Borough of Mountain Lakes, County of Morris, State of New Jersey, Providing for the Establishment of Stormwater Control, of the Borough Code to Establish NJDEP-Mandated Regulations for Privately Owned Salt Storage 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 NOVEMBER 27, 2023 PAGE 2 *RESOLUTIONS a. R204-23, Authorizing the Payment of Bills b. R205-23, Authorizing the Acceptance of a Performance Guarantee Submitted by Wawa, Inc. c. R206-23, Authorizing Contracts with Certain Approved State Contract Vendors for Contracting Units Pursuant to N.J.S.A. 40A:11-12A d. R207-23, Resolution of the Borough Council of the Borough of Mountain Lakes of Its Intention to Revise Master Plan and Development Regulations for Plan Conformance for Land in the Planning Area e. R208-23, Authorizing the Transfer of Appropriations f. R209-23, Resolution Authorizing the Release of a Performance Guarantee and Acceptance of a Maintenance Guarantee Submitted by Highview Commercial. L.L.C. g. R210-23, Authorizing the Award of Contract for Annual Lake Management Services *APPROVAL OF MINUTES 11/13/23 (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 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  RESOLUTION AND ORDINANCE REVIEW FOR THE NOVEMBER 27, 2023 MEETING TO: MAYOR AND COUNCIL FROM: MITCHELL STERN, MANAGER RESOLUTIONS R205-23, AUTHORIZING THE ACCEPTANCE OF A PERFORMANCE GUARANTEE SUBMITTED BY WAWA, INC. – this resolution authorizes the acceptance of a performance guarantee. The Borough Engineer and Borough Attorney recommend the acceptance of the performance guarantee. R206-23, AUTHORIZING CONTRACTS WITH CERTAIN APPROVED STATE CONTRACT VENDORS FOR CONTRACTING UNITS PURSUANT TO N.J.S.A. 40A:11-12A - this resolution authorizes the Borough to purchase goods utilizing State contracts under the State of NJ Cooperative Purchasing Program. R207-23, RESOLUTION OF THE BOROUGH COUNCIL OF THE BOROUGH OF MOUNTAIN LAKES OF ITS INTENTION TO REVISE MASTER PLAN AND DEVELOPMENT REGULATIONS FOR PLAN CONFORMANCE FOR LAND IN THE PLANNING AREA – this resolution affirms the Borough’s intention to revise its master plan and development regulations of Plan Conformance to the Highlands Council. R208-23, AUTHORIZING THE TRANSFER OF APPROPRIATIONS - this resolution authorizes the CFO to transfer excess appropriations to appropriations that are insufficient to meet current needs as authorized by N.J.S.A. 40A:4-58. A complete explanation from our CFO is included with the resolution. R209-23, RESOLUTION AUTHORIZING THE RELEASE OF A PERFORMANCE GUARANTEE AND ACCEPTANCE OF A MAINTENANCE GUARANTEE SUBMITTED BY HIGHVIEW COMMERCIAL. L.L.C. – this resolution authorizes the full release of the performance guarantee and accepts the maintenance bond. This request was reviewed and deemed acceptable by the Borough Engineer and Borough Attorney. R210-23, AUTHORIZING THE AWARD OF CONTRACT FOR ANNUAL LAKE MANAGEMENT SERVICES – this resolution awards the contract for annual lake management services to Black Lagoon Pond Management. ORDINANCES TO INTRODUCE 16-23, ORDINANCE AUTHORIZING THE EXECUTION OF A RENTAL AGREEMENT TO THE BOROUGH OF MOUNTAIN LAKES FROM THE COMMUNITY CHURCH OF MOUNTAIN LAKES– this ordinance will allow for the Borough Manager to enter into a rental agreement for space to house the Historic Preservation Committee’s archives. ORDINANCES TO ADOPT 15-23, AN ORDINANCE OF THE BOROUGH OF MOUNTAIN LAKES, COUNTY OF MORRIS, STATE OF NEW JERSEY, PROVIDING FOR THE ESTABLISHMENT OF STORMWATER CONTROL, OF THE BOROUGH CODE TO ESTABLISH NJDEP-MANDATED REGULATIONS FOR PRIVATELY OWNED SALT STORAGE – this ordinance establishes NJDEP-mandated regulations for privately owned salt storage and prescribes penalties for failure to comply. The purpose of this ordinance is to prevent stored salt and other solid de-icing materials from being exposed to stormwater to protect the environment, public health, safety and welfare. If there are any questions prior to the meeting, please feel free to contact me.  MEETING MINUTES OF THE COUNCIL OF THE BOROUGH OF MOUNTAIN LAKES NOVEMBER 13, 2023 HELD AT ML HIGH SCHOOL, 96 POWERVILLE ROAD, MOUNTAIN LAKES, NJ 07046 CALL TO ORDER AND OPEN PUBLIC MEETINGS ACT STATEMENT 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. Mayor Sheikh called the meeting to order at 7p.m. ROLL CALL ATTENDANCE Roll Call Present Absent Present Absent Cannon Richter Korman Barnett Menard Sheikh Muilenburg FLAG SALUTE Mayor Sheikh led the salute to the flag. EXECUTIVE SESSION There was no executive session. COMMUNITY ANNOUNCEMENTS Councilmember Korman announced that the Type 1 Willpower Turkey Trot will be held on November 23 rd and the race begins at 9am at the Mountain Lakes Club. Deputy Mayor Barnett recognized all of the Mountain Lakes High School fall sports teams and congratulated the Girls Soccer team for winning the State Championship game, Boys Soccer team for winning Sectionals, Cross Country runner Max Kahn who will be competing at the Meet of Champions, and the Football team for winning Sectionals and who are still competing for a State Championship title. SPECIAL PRESENTATIONS Halloween Safe Zone 2023 Lauren Brickner-McDonald provided a report on the logistics and expenses of the Halloween Safe Zone event. Ms. Brickner-McDonald thanked all those who helped with the event, especially the Police Department and CERT team. Ms. Brickner-McDonald advised that one issue that arose this year was that there were not enough volunteers to relieve the resident families in the safe zone. Borough Manager Stern advised that he would meet with the Police Chief and Recreation Director to address the issue. The Council thanked Ms. Brickner-McDonald and reassured her that the Borough will assist her in providing enough coverage to relieve the resident homes in the Halloween Safe Zone. REPORTS OF BOROUGH ESTABLISHED BOARDS, COMMISSIONS AND COMMITTEES There were no reports. BOROUGH COUNCIL DISCUSSION ITEMS Third Quarter 2023 Current Budget Report; Third Quarter 2023 Water Budget Report and Third Quarter 2023 Sewer Budget Report; Trust Balances; Capital Account Balances Chief Financial Officer Monica Goscicki provided a detailed memo of the second quarter current fund budget, second quarter water and sewer budgets, trust balances and capital account balances. Deputy Mayor Barnett advised that all of the reports were thoroughly reviewed by the Finance Advisory Committee. The Council asked questions of Borough Manager Stern and he answered them. 1  MEETING MINUTES OF THE COUNCIL OF THE BOROUGH OF MOUNTAIN LAKES NOVEMBER 13, 2023 HELD AT ML HIGH SCHOOL, 96 POWERVILLE ROAD, MOUNTAIN LAKES, NJ 07046 Continued Discussion - Highlands Regional Master Plan Conformance Councilmember Korman provided an overview of the Highlands Council and findings of the Highlands Assessment Subcommittee. The subcommittee unanimously recommended that the Borough Council approve a resolution to petition for conformance with the Highlands Regional Master Plan. New Jersey Highlands Council representatives Maryjude Haddock-Weiler (Planning Manager) and Kelly Curran (Science Manager) were present at the meeting. The Council asked questions of Ms. Haddock-Weiler and Ms. Curran and they answered them. The Council had a discussion and determined that they are in favor of moving forward with the subcommittee’s recommendation to adopt a resolution to petition for conformance with the Highlands Regional Master Plan at the 11/27/23 Council meeting. The Council requested that Councilmember Korman update the Highlands Council discussion document to clarify when the Subcommittee was formed and Councilmember Korman agreed to do so. PUBLIC COMMENT Mayor Sheikh opened the meeting to the public. Jackie Bay, member of the Environmental Commission, expressed support for the Borough joining the Highlands Council. Steve Castellucci expressed concern over the Borough joining the Highlands Council and requested that the Borough Council review the Highlands Regional Master Plan regarding overlay zones, cost benefit, plan conformance / review and wetlands. Sandy Batty advised that the Highlands Council conformance build out analysis would be easy to complete because the Borough’s Fair Share Housing Plan is comprehensive and has a lot of data. ATTORNEY’S REPORT Mr. Oostdyk had nothing to report. MANAGER’S REPORT Borough Manager Stern provided his report (attached). The council asked questions of Mr. Stern and Mr. Stern answered them. RESOLUTIONS R203-23, Authorizing Shared Services Agreement for Styrofoam Recycling The Council discussed Resolution 203-23 prior to adoption. Adopted: 11/13/23 Council member M 2nd Yes No Abstain Absent Cannon Korman Menard Muilenburg Richter Barnett Sheikh 2  MEETING MINUTES OF THE COUNCIL OF THE BOROUGH OF MOUNTAIN LAKES NOVEMBER 13, 2023 HELD AT ML HIGH SCHOOL, 96 POWERVILLE ROAD, MOUNTAIN LAKES, NJ 07046 ORDINANCES TO INTRODUCE 15-23, An Ordinance of the Borough of Mountain Lakes, County of Morris, State of New Jersey, Providing for the Establishment of Stormwater Control, of the Borough Code to Establish NJDEP-Mandated Regulations for Privately Owned Salt Storage Introduced: 11/13/23 Council member M 2nd Yes No Abstain Absent Cannon Korman Menard Muilenburg Richter Barnett Sheikh ORDINANCES TO ADOPT There were no ordinances to adopt. *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. R199-23, Authorizing the Payment of Bills b. R200-23, Authorizing the Discretionary Award of a Contract for Sidewalk and Curbing to E. Andre Construction Services Inc. in an Amount that May Exceed $17,500 but Will be Less than $44,000 c. R201-23, Awarding a Contract for Hydro-raking Services to Paragon Integrated Services Group, LLC d. R202-23, Authorizing the Transfer of Appropriations e. R203-23, Authorizing Shared Services Agreement for Styrofoam Recycling (Removed) *APPROVAL OF MINUTES 10/23/23 (Regular) *BOARD, COMMITTEE AND COMMISSION APPOINTMENTS *Approval of the Consent Agenda Council member M 2nd Yes No Abstain Absent Cannon Korman Menard Muilenburg Richter Barnett Sheikh Resolution 203-23 was removed from the consent agenda and voted on separately. Councilmember Barnett was absent at the 10/23/23 Council meeting and abstained from voting on the minutes. 3  MEETING MINUTES OF THE COUNCIL OF THE BOROUGH OF MOUNTAIN LAKES NOVEMBER 13, 2023 HELD AT ML HIGH SCHOOL, 96 POWERVILLE ROAD, MOUNTAIN LAKES, NJ 07046 DEPARTMENT REPORTS SUBMITTED FOR FILING (reports are included only if checked) Construction Department Department of Public Works Fire Department Health Department Police Department Recreation Department Code Enforcement/Property maintenance report COUNCIL REPORTS Shade Tree Commission Councilmember Cannon reported that the commission discussed the prune / removal list, tree planting locations, pruning and dead wooding resident reimbursement presentation, 2024 budget, and high school liaison reports. The commission would like to schedule the pruning and dead wooding resident reimbursement presentation for an upcoming Council meeting. Mayor Sheikh advised that the commission presentation will be scheduled for a Council meeting in January or February. Planning Board – Councilmember Menard reported that the board reviewed the reexamination of the master plan and made some corrections. Finance Advisory Committee (FAC) – Deputy Mayor Barnett reported that the committee discussed / reviewed the draft Council presentation regarding an overview of FAC and debt management, third quarter finance reports, BAN financing results, fund balance projections, and tax appeal settlements. Green Team – Deputy Mayor Barnett reported the following: the committee discussed Styrofoam disposal and Sustainable New Jersey initiatives; the committee unanimously decided that the recycling and trash guidelines for a greener municipality will only be available in digital format and the committee is working on updating it. Environmental Commission Councilmember Korman reported that the commission discussed strengthening the recycling process at the high school, Green Team’s Sustainable Jersey initiatives including anti-idling awareness, and Styrofoam disposal. Commission member Jackie Bay provided an update from the Environmental Congress and advised that the plastic bag ban was assessed and that their three priorities are power grid infrastructure, nuclear power, and turning a NJ executive order into statutory law. The commission reviewed the draft master plan and suggest adding a residential lighting ordinance, updating the noise ordinance, and updating the tree protection ordinance. Councilmember Korman briefed the commission on the status of the Borough joining the Highlands Council. The commission is drafting a memo to send to all Borough residents regarding PFAS and will send it to the Borough Manager for review when it’s completed. Zoning Board – Mayor Sheikh (on behalf of Councilmember Richter who was absent) reported that the application for 8 Maple Way was approved and the application for 19 East Shore Road was carried to January. 4  MEETING MINUTES OF THE COUNCIL OF THE BOROUGH OF MOUNTAIN LAKES NOVEMBER 13, 2023 HELD AT ML HIGH SCHOOL, 96 POWERVILLE ROAD, MOUNTAIN LAKES, NJ 07046 Lakes Management Advisory Committee Mayor Sheikh (on behalf of Councilmember Richter who was absent) reported the following: the Borough is waiting to receive the bathymetric report for the canal between Mountain and Wildwood lakes; fish removal at Sunset Lake has been completed; Sunset Lake has been lowered; the committee is obtaining quotes to restock the fish at Sunset Lake; the committee discussed hydro-raking and Black Lagoon lake treatments; the committee would like to schedule a presentation at an upcoming Council meeting. Mayor Sheikh advised that the committee presentation will be scheduled for a Council meeting in January. Borough Hall Renovation Project - Borough Manager Stern reported the following: the project is moving along; the sidewalks will be going in at the end of the week; the carpet is being installed; renovation to the Council chambers is ongoing; employees are expected to move back to Borough Hall in December; there are no changes to the project schedule since the previous Council meeting. PUBLIC COMMENT Mayor Sheikh opened the meeting to the public. There was no one from the public wishing to speak. NEXT STEPS AND PRIORITIES Mayor Sheikh reviewed the following next steps and priorities: Next Step Completed by Completion date Determine Solution to Provide Lauren Brickner-McDonald, Relief to Halloween Safe Zone Borough Manager, Police Chief & Resident Homes Recreation Director Update Highlands Council Councilmember Korman Discussion Document to Clarify When Subcommittee was Formed Highlands Council Resolution on Borough Clerk 11/27/23 Agenda Review Styrofoam Recycling / Environmental Commission Disposal & Determine Recommendation ADJOURNMENT at 9:12P.M. Motion made by Councilmember Korman, second by Councilmember Menard to adjourn the meeting at 9:12p.m., with all members in favor signifying by “Aye”. Respectfully Submitted, __________________________________ Cara Fox, Borough Clerk 5