City Council

RESOLUTION AND ORDINANCE REVIEW FOR THE SEPTEMBER 8, 2025 MEETING TO: MAYOR AND COUNCIL FROM: MITCHELL STERN, MANAGER RESOLUTIONS R146-25, RENEWAL OF MEMBERSHIP IN THE MORRIS COUNTY MUNICIPAL JOINT INSURANCE FUND - this resolution authorizes the Borough to execute an agreement to renew its membership in the Morris County Municipal Joint Insurance Fund. R147-25, CREATING AND IMPLEMENTING A LONG-RANGE PLAN TO ADDRESS DRAINAGE ISSUES - this resolution establishes a long-range plan to address municipal drainage issues and document allocation of Borough resources. Adoption of this resolution is recommended by the Municipal Excess Liability Joint Insurance Fund (MEL) and supports the Borough's eligibility for scarce resource immunity under Title 59 of the New Jersey Tort Claims Act. See MEL memo included in Manager's Report for additional information. R148-25, AUTHORIZING THE USE OF A PROCUREMENT CARD - this resolution authorizes the Borough to apply and use a procurement card. The card will allow Borough Administration to complete online purchases with vendors who do not accept purchase orders. The use of a procurement card will allow us to stop the past practice of utilizing an employee's personal credit card for these types of purchases. This resolution is at the request of the Borough Manager and the Borough CFO. R149-25, AUTHORIZING CONTRACT WITH APPROVED NATIONAL COOPERATIVE CONTRACT VENDOR PURSUANT TO N.J.S.A. 52:34-6.2 AND P.L.2011, C.139 - this resolution authorizes the Borough to enter into a contract for the purchase of a Vactor truck, previously approved in the 2025 capital budget, utilizing contracts available through the Sourcewell National Cooperative Purchasing Program. R150-25, MEMORIALIZING THE DESIGN AND CONSTRUCTION OF THE SUNSET LAKE DAM REHABILITATION PROJECT-this resolution affirms that the design and construction of the Sunset Lake Dam Rehabilitation Project were completed in accordance with all applicable engineering and regulatory standards. This resolution is requested by the NJ MEL in accordance with their recommended processes to insure the Borough. ORDINANCES TO INTRODUCE 14-25, AMENDING CHAPTER 26 OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF MOUNTAIN LAKES AND ESTABLISHING A PROCEDURE FOR APPEALS DURING THE POLICE DEPARTMENT PROMOTIONAL PROCESS - this ordinance establishes an appeals procedure during the police promotional process, ensuring compliance with accreditation standards. This amendment is requested by MLPD Chief Bennett, who will be present at the Borough Council meeting to answer any questions, and the amendment has been reviewed by the Borough Attorney. ORDINANCES TO ADOPT None. If you have any questions prior to the meeting, please feel free to contact me.  BOROUGH OF MOUNTAIN LAKES COUNTY OF MORRIS, NJ RESOLUTION 147-25 RESOLUTION CREATING AND IMPLEMENTING A LONG-RANGE PLAN TO ADDRESS DRAINAGE ISSUES WHEREAS, The Governing Body declares that it is in the best interests of the community to address drainage problems in a comprehensive and orderly fashion that aligns with N.J.S.A 59:1.1, et seq., and WHEREAS, New Jersey Statute Section 59:1-1, et seq., provides limitations on liability for public entities for conditions of public property where the public entity exercises appropriate discretion in the allocation of funds of public improvements. The limitation of liability is commonly known as “scarce resource immunity,” and WHEREAS, The Legislature in NJSA 59: 1-2 quoted Chief Justice Joseph Weintraub by declaring that: “The Legislature recognizes the inherently unfair and inequitable results which occur in the strict application of traditional doctrine of sovereign immunity. On the other hand, the Legislature recognizes that while a private entrepreneur may readily be held liable for negligence within the chosen ambit of his activity, the area within which government has the power to act for the public good is almost without limit and therefore government should not have the duty to do everything that might be done. WHEREAS, NJSA 59:2-3 (c) provides:“A public entity is not liable for the exercise of discretion in determining whether to seek or whether to provide the resources necessary for the purchase of equipment, the construction or maintenance of facilities, the hiring of personnel, and in general, the provision of adequate services;” WHEREAS, NJSA 59:2-3 (d) provides: “A public entity is not liable for the exercise of discretion when, in the fact of competing demands, it determines whether or not to utilize or apply existing resources, including those allocated for equipment, facilities and personnel unless a court concludes that the determination of the public entity was palpably unreasonable;” and WHEREAS, this resolution is narrowly limited to outlining the application of scarce resources for the purpose of addressing the overall health, safety, and welfare of the general community; and WHEREAS, The Governing Body hereby determines that the appropriate way to continue to address this wide- ranging community wide issue is as follows. 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 Manager shall direct the Borough Engineer to prepare a Watershed Assessment by developing an electronic infrastructure map that delineates the location of the stormwater features that are owned or operated by the municipality, including easements and features owned by others in the community. 2. The Borough Manager shall direct the Borough Engineer to prepare a Watershed Improvement Plan Report including: a. A summary of proposed flood prevention improvement projects, both public and private. b. The proposed implementation schedule. c. Costs, broken down by project and year.  d. Funding opportunities. 3. Each year, as part of the annual budget process, the Borough Manager may include in the long-term capital plan sufficient funds to implement this Watershed Improvement Plan over a reasonable period considering other demands on municipal scarce resources. 4. Each year, as part of the annual budget process, the Borough Manager may include current year operating budget and capital budget sufficient funds to implement this Watershed Improvement Plan over a reasonable period considering other demands on municipal scarce resources. 5. Each year, if limited resources require allocation as part of the annual process, the Borough Manager may identify the work that can be completed and the work that cannot be completed or addressed. 6. Failure to appropriate funds or failure to spend an appropriation shall be deemed as exercise of governmental discretion in the face of competing demands. 7. Every two years, the Borough Manager may direct that the Borough Engineer update the Watershed Assessment and the Watershed Improvement Plan as appropriate.  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 September 8, 2025. ____________________________ Cara Fox, Borough Clerk Name Motion Second Aye Nay Absent Abstain Cannon Howley Menard Sheikh Tsai Muilenburg Barnett