City Council

Discussion: ML Board of Education Request to Acquire Borough Land for a Turf Field Project March 10, 2025 The Mountain Lakes School District has been awarded a $1.2M grant for a turf field project According to the grant agreement, as shared by the School Board: • “The Program will fund the installation of a new turf field for the use of the district’s athletic teams and additionally the borough’s recreation department. The need arises from the ongoing maintenance and inconsistent conditions of said grass field.” • The project must be complete, and grant funds expended, by 12/31/2026 (in less than two years), or the School Board may lose its grant funding • The School Board anticipates completing the project by 12/31/2025 • The grant was awarded by the NJ Department of Community Affairs, using Coronavirus State Fiscal Recovery Funds under the American Rescue Plan Act 2 The School Board wants to acquire a parcel of Borough-owned land for this project • According to School documents, the Borough owns roughly half of the existing grass field that it wants to use for the turf field project • The parcel of Borough land where the existing grass field is located also encompasses woodlands that buffer the field and Wilcox Drive and woodlands that buffer the field and Bellvale Road • Several homeowners live adjacent to the Borough’s parcel of land on Wilcox Drive and Bellvale Road • The School Board’s attorney has ordered a property title search to confirm whether the Borough actually owns the portion of the property in question and whether there are any restrictions or encumbrances that would affect the Borough’s ability to convey the property to the School District. The Title Search has not yet been completed. 3 4 What legal steps are required to move forward on the School Board’s request to acquire this property? Any agreement to sell or transfer Borough land to the School District must be open and transparent • Step 1 is a public discussion, which we are doing at tonight’s meeting • Step 2 is crafting an ordinance; a draft ordinance is in process • Step 3 is introducing the ordinance publicly • Step 4 is a public hearing, followed by a Council vote on adopting the ordinance Note: Prior to this public hearing, Borough Council legally cannot make any commitment to sell or transfer the property 5 Borough Council has requested information from the BOE to assist with our required due diligence Some of this information has been received: • Grant application ✓ Grant agreement ✓ How the turf field will be utilized and usage restrictions • Site plans • Project budget • Construction schedule • Results of the property title search The School Board will send the grant application, project budget, construction schedule, and results of the property title search when they are available. The School Board has stated that they do not want to expend funds on preparing detailed project plans until they acquire land from the Borough for their project. We are working on an approach to allow Council to move forward on next steps without the opportunity to review the detailed project plans. This approach involves asking the School Board to share the detailed project plans as soon as they are available, with opportunity for public review and comment to the School Board. 6 The BOE has shared some information regarding field usage and how Borough woodlands will be affected • The School District and Borough Recreation will have shared use of the field • The field hours of operation will be sunrise to sundown, Monday through Sunday, during the Spring, Summer, and Fall seasons • The turf field will be used both for practices and competitive play • A scoreboard will be installed at the field • No lighting or sound amplification will be installed or utilized at the field • No seating will be installed on the Wilcox Drive side of the field; there are plans for seating on the opposite side of the field • The woodlands currently owned by the Borough will be preserved, with the exception of seven trees that will be removed for the project 7 What questions have come up as Council is doing its required due diligence on the BOE’s request? (1/4) Is this a School District and/or a Borough project? Response: This is a School District project. The School District acquired the grant, selected the location for the turf, did all the project planning and decision-making, and will oversee the project. Borough Council can answer questions specific to a transfer of Borough-owned land to the School District, and the School Board can respond to project-related questions. Borough Council approves a resolution annually that it will protect and maintain the Borough’s public lands. Does transferring this property to the School District violate this resolution? Response: We do not believe that transferring this property to the School District, another public entity, for continued public purposes, violates the letter or spirit of our open space preservation resolution. This is not a case of developing property preserved for open space. Only the portion of the property that is currently utilized as a field will be redeveloped, and it will continue to be used as a playing field. How will the Borough’s woodlands be preserved and protected? Response: The School Board has stated that only seven (7) Borough-owned trees, some of which are dead, will be removed for this project. The ordinance is being crafted to require that the School District preserve and protect these woodlands in their natural state. 8 What questions have come up as Council is doing its required due diligence on the BOE’s request? (2/4) I am concerned about lighting being installed on this field in the future. How am I protected against that happening? Response: The School Board has stated that no lighting or sound amplification will be installed or utilized on the field, and that no seating or structures will be installed on the Wilcox Drive side of the field. The ordinance is being crafted to include those restrictions. We live near Briarcliff School and are concerned about parking if this field is going to be used more often, especially if spectators will be attending. Parking and traffic is already a big issue. Response: We want to understand more about this concern, and we ask that the School District work with our Mountain Lakes Police Chief on this issue. If the School District acquires the property, is there anything preventing the land from being redeveloped for another purpose or sold to another entity in the future? Response: A use restriction can be added to the deed to address this concern. 9 What questions have come up as Council is doing its required due diligence on the BOE’s request? (3/4) Would it make more sense to lease the portion of the Borough’s property needed for the turf field to the School Board? The portion of the property where the playing field is located is a small portion of the overall parcel of Borough-owned land. Response: Our Borough Attorney advises that transferring the property to the School District is the preferred option. It can be difficult being a landlord to another public entity and property ownership has its own responsibilities and liabilities. Deed restrictions are arguably a stronger way to enforce any policy/land use objectives. Will the School District pay the Borough for this land? Response: It is the recommendation of the Borough’s Shared Services Committee that the Borough transfer this land to the School District at no charge. We want to support the School District in this investment in their athletics program and our community. What are the exact plans for this project? Is it only the installation of a new field surface? Will other things be installed (e.g., sheds, bleachers, press box) and/or will impermeable surface be added? Response: The School Board needs to answer this question. 10 What questions have come up as Council is doing its required due diligence on the BOE’s request? (4/4) How will drainage be handled? Will water run-off be an issue for residents who live on Wilcox Drive? Response: The School Board needs to answer this question. What are the environmental and health impacts of artificial turf fields? What specific turf material will be used? Response: The School Board needs to answer this question. Will this project require State permits and/or Planning Board review? Response: The School Board needs to answer this question. How was this project selected for this grant opportunity? Were any other projects considered? Who made this decision? Response: The School Board needs to answer this question. 11 In order to move forward, we are asking for the School Board’s commitment to: 1. Respond to questions regarding the project that were documented in tonight’s Borough Council meeting 2. Share detailed project/site plans when they are available and provide opportunity for public review and comment; share other information that was requested as it becomes available 3. Adhere to the Borough’s tree removal ordinance 12 Next Steps for Borough Council • Obtain School Board commitments • Review results of the School Board’s property title search when it is complete; craft Borough ordinance allowing for property transfer • Introduce Borough ordinance • Hold Public Hearing & Borough Council vote on adopting the ordinance 13 Questions? Comments? 14  BOROUGH OF MOUNTAIN LAKES COUNTY OF MORRIS, NJ RESOLUTION 92-25 RESOLUTION AUTHORIZING THE REFUND OF OVERPAYMENT OF TAXES WHEREAS, the Tax Collector certifies that the following property has an overpayment of 1st quarter 2025, $2,927.69 taxes, and the Collector has authorized the issuance of a refund. NOW, THEREFORE, BE RESOLVED by the Borough Council of the Borough of Mountain Lakes, County of Morris, State of New Jersey, that a warrant be drawn to Mark Odenwelder representing a refund due to an overpayment. Block Lot Name & Mailing Address Property Address Amount__ 15 23 Mark Odenwelder 43 Rainbow Trl $2,927.69 43 Rainbow Trl. Mountain Lakes, NJ Mountain Lakes, NJ 07046 Block 15 Lot 23  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 10, 2025. ____________________________ Cara Fox, Borough Clerk Name Motion Second Aye Nay Absent Abstain Cannon Howley Menard Sheikh Tsai Muilenburg Barnett  MEETING MINUTES OF THE COUNCIL OF THE BOROUGH OF MOUNTAIN LAKES FEBRUARY 24, 2025 HELD AT BOROUGH HALL, 400 BOULEVARD, MOUNTAIN LAKES, NJ 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, the Morris County Daily Record, and The Star Ledger on January 9, 2025 and posted in the municipal building. Mayor Barnett called the meeting to order at 6:02p.m. ROLL CALL ATTENDANCE Roll Call Present Absent Present Absent Cannon Tsai Howley Muilenburg Menard Barnett Sheikh Councilmember Tsai arrived at the meeting at 6:46pm. FLAG SALUTE Mayor Barnett led the salute to the flag. EXECUTIVE SESSION R80-25, Resolution to Enter an Executive Session – Potential Litigation & Attorney - Client Privilege (Approval of Executive Minutes) Motion made by Deputy Muilenburg, second by Councilmember Menard to go into Executive Session, with all members in favor signifying by “Aye.” COMMUNITY ANNOUNCEMENTS Mayor Barnett congratulated the Mountain Lakes School District on securing a $1.2M grant for a turf field project that will be located behind Briarcliff School, known as the Pit, and advised that the Board of Education (BOE) is requesting to acquire the Borough’s portion of the property. Mayor Barnett explained the process of transferring Borough-owned land. The Borough Council supports moving forward on the BOE’s request to acquire the property and is awaiting information from the BOE including a Title Search, the grant application and agreement, detailed project plans, and a write-up of how the new field will be utilized. As soon as the Borough receives the requested information, the Borough Council will schedule a public discussion. Mayor Barnett announced that rack and ring renewal begins March 3rd. Councilmember Tsai reported that the Mountain Lakes second-grade Brownie Troop and the sixth-grade Cadet Girl Scouts visited Borough Hall and held civic engagement activities. The Boy Scouts will visit Borough Hall in April. SPECIAL PRESENTATIONS There were no special presentations. REPORTS OF BOROUGH ESTABLISHED BOARDS, COMMISSIONS AND COMMITTEES There were no reports. BOROUGH COUNCIL DISCUSSION ITEMS 2025 Municipal Budget Presentation Borough Manager Stern gave a PowerPoint presentation of the 2025 municipal budget. 1  MEETING MINUTES OF THE COUNCIL OF THE BOROUGH OF MOUNTAIN LAKES FEBRUARY 24, 2025 HELD AT BOROUGH HALL, 400 BOULEVARD, MOUNTAIN LAKES, NJ Fourth Quarter 2024 Current Budget Report; Fourth Quarter 2024 Water Budget Report and Fourth Quarter 2024 Sewer Budget Report; Trust Balances; Capital Account Balances Chief Financial Officer Monica Goscicki provided a detailed memo of the fourth quarter current fund budget, fourth quarter water and sewer budgets, trust balances and capital account balances. Mayor Barnett advised that the reports were thoroughly reviewed by the Finance Advisory Committee. PUBLIC COMMENT Mayor Barnett opened the meeting to the public. Mountain Lakes Athletic Director Kevin Wallace, Mountain Lakes High School (MLHS) Football / Lacrosse Player Glen Gillespie, Bradley Rickert, Tim Dwyer, MLHS Soccer / Lacrosse Player Merric Martorana, MLHS Field Hockey Player Arianna Fragomeni, MLHS Soccer Player Emma McAuliffe, MLHS Lacrosse Coach Tim Flynn, MLHS Girls Lacrosse Coach Alyssa Sebesto, and Tom Lamb expressed support for the proposed turf field project located behind Briarcliff School (The Pit). Mayor Barnett responded to the public’s comment. ATTORNEY’S REPORT Borough Attorney Oostdyk had nothing to report. MANAGER’S REPORT Borough Manager Stern had nothing to report. RESOLUTIONS R85-25, Introduce 2025 Municipal Budget Council member M 2nd Yes No Abstain Absent Cannon Howley Menard Sheikh Tsai Muilenburg Barnett Public Hearing & Adoption of R86-25, Adopting Prequalification Regulations in Connection with Bids for the Exterior Restoration of the Mountain Lakes Train Station PUBLIC HEARING ON PREQUALIFICATIONS REGULATIONS Mayor Barnett opened the meeting to the public. There was no one from the public wishing to speak. Council member M 2nd Yes No Abstain Absent Cannon Howley Menard Sheikh Tsai Muilenburg Barnett 2  MEETING MINUTES OF THE COUNCIL OF THE BOROUGH OF MOUNTAIN LAKES FEBRUARY 24, 2025 HELD AT BOROUGH HALL, 400 BOULEVARD, MOUNTAIN LAKES, NJ ORDINANCES TO INTRODUCE 4-25, Ordinance Amending and Updating Chapters 245, “Land Use and Zoning”, and 102 “Environmental Regulations”, of the Revised General Ordinance of the Borough of Mountain Lakes Introduced: 2/24/25 Council member M 2nd Yes No Abstain Absent Cannon Howley Menard Sheikh Tsai Muilenburg Barnett 5-25, Providing for the Improvement of Municipal Docks In and By the Borough of Mountain Lakes and Appropriating $52,500 Therefor, Constituting Proceeds of Obligations of the Borough Heretofore Issued Introduced: 2/24/25 Council member M 2nd Yes No Abstain Absent Cannon Howley Menard Sheikh Tsai Muilenburg Barnett 6-25, Amending Chapter 264, “Food And Beverage Vending Machines, Chapter 268, “Food Establishments, Retail,” and Chapter 298, “Swimming Pools,” of the Revised General Ordinances of the Borough of Mountain Lakes Introduced: 2/24/25 Council member M 2nd Yes No Abstain Absent Cannon Howley Menard Sheikh Tsai Muilenburg Barnett 7-25, Amending the Chapter 111 of the Revised General Ordinances of the Borough of Mountain Lakes and Amending the Fees for Board of Health, Uniform Fire Safety Code, and Construction Permits Introduced: 2/24/25 Council member M 2nd Yes No Abstain Absent Cannon Howley Menard Sheikh Tsai Muilenburg Barnett 3  MEETING MINUTES OF THE COUNCIL OF THE BOROUGH OF MOUNTAIN LAKES FEBRUARY 24, 2025 HELD AT BOROUGH HALL, 400 BOULEVARD, MOUNTAIN LAKES, NJ ORDINANCES TO ADOPT 1-25, Calendar Year 2025 Ordinance to Exceed the Municipal Budget Appropriation Limits and Establish a Cap Bank Introduced: 2/10/25 Council member M 2nd Yes No Abstain Absent Cannon Howley Menard Sheikh Tsai Muilenburg Barnett PUBLIC COMMENT/HEARING Mayor Barnett opened the meeting to the public. There was no one from the public wishing to speak. Adopted: 2/24/25 Council member M 2nd Yes No Abstain Absent Cannon Howley Menard Sheikh Tsai Muilenburg Barnett 2-25, Amending Chapter 173 of the Revised General Ordinances of the Borough of Mountain Lakes and Amending the Rules Governing Lakes, Parks, and Special Use Facilities Introduced: 2/10/25 Council member M 2nd Yes No Abstain Absent Cannon Howley Menard Sheikh Tsai Muilenburg Barnett PUBLIC COMMENT/HEARING Mayor Barnett opened the meeting to the public. There was no one from the public wishing to speak. Adopted: 2/24/25 Council member M 2nd Yes No Abstain Absent Cannon Howley Menard 4  MEETING MINUTES OF THE COUNCIL OF THE BOROUGH OF MOUNTAIN LAKES FEBRUARY 24, 2025 HELD AT BOROUGH HALL, 400 BOULEVARD, MOUNTAIN LAKES, NJ Sheikh Tsai Muilenburg Barnett 3-25, Amending Chapter 111 of the Revised General Ordinances of the Borough of Mountain Lakes and Revising the Fee Schedule Introduced: 2/10/25 Council member M 2nd Yes No Abstain Absent Cannon Howley Menard Sheikh Tsai Muilenburg Barnett PUBLIC COMMENT/HEARING Mayor Barnett opened the meeting to the public. There was no one from the public wishing to speak. Adopted: 2/24/25 Council member M 2nd Yes No Abstain Absent Cannon Howley Menard Sheikh Tsai Muilenburg Barnett *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. R81-25, Authorizing the Payment of Bills b. R82-25, Approving the Certification List of Volunteer Members of the Borough of Mountain Lakes Fire Department c. R83-25, Cancelling Remaining Balance of 2024 Historic Preservation Grant d. R84-25, Authorizing the Settlement of a Tax Appeal (James P. and Barbara A. Zorlas v. Borough of Mountain Lakes – Block 31, Lot 27) e. R87-25, Authorizing the Refund of Overpayment of Taxes *APPROVAL OF MINUTES 1/13/25 (Executive) 2/10/25 (Regular) *BOARD, COMMITTEE AND COMMISSION APPOINTMENTS 5  MEETING MINUTES OF THE COUNCIL OF THE BOROUGH OF MOUNTAIN LAKES FEBRUARY 24, 2025 HELD AT BOROUGH HALL, 400 BOULEVARD, MOUNTAIN LAKES, NJ a. Tony Forman to the Shade Tree Commission as Member with a term running through 12/31/28 b. Roxanne Tavakkol to the Shade Tree Commission as Member with a term running through 12/31/30 c. Kathleen Wood to the Green Team as Member with a term running through 12/31/25 *Approval of the Consent Agenda Council member M 2nd Yes No Abstain Absent Cannon Howley Menard Sheikh Tsai Muilenburg Barnett 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 Tax Collector COUNCIL REPORTS Finance Advisory Committee – Mayor Barnett reported that the committee reviewed the proposed 2025 budget including the amount of surplus to be utilized. The committee will be reviewing the Borough’s surplus policy in the future. Affordable Housing Advisory Committee – Borough Attorney Oostdyk reported that the committee reviewed the next steps of the fourth round of affordable housing and advised that the Borough Planner is working on completing his part of the process. Environmental Commission – Councilmember Howley reported the following: the commission is requesting that Highlands Council Representative Maryjude Haddock attend the meeting when the Council discusses joining the Highlands Council; the commission discussed the effectiveness of hydro-raking and the overall lake management plan. Historic Preservation Committee – Councilmember Sheikh reported that the archive storage room at the Community Church is being painted by the Boy Scouts and that the committee discussed mailbox regulations and visibility of garbage cans in the Borough. PUBLIC COMMENT Mayor Barnett opened the meeting to the public. There was no one from the public wishing to speak. NEXT STEPS AND PRIORITIES There were no next steps or priorities. 6  MEETING MINUTES OF THE COUNCIL OF THE BOROUGH OF MOUNTAIN LAKES FEBRUARY 24, 2025 HELD AT BOROUGH HALL, 400 BOULEVARD, MOUNTAIN LAKES, NJ ADJOURNMENT at 8:23P.M. Motion made by Councilmember Menard, second by Councilmember Muilenburg to adjourn the meeting at 8:23p.m., with all members in favor signifying by “Aye”. Respectfully Submitted, __________________________________ Cara Fox, Borough Clerk 7