August 1, 2005
REGULAR MEETING OF THE MAYOR AND COUNCIL
AGENDA
1. Call To Order
2. Invocation and Flag Salute
3. Mayor's Opening Statement
Notice of this meeting of the Mayor and Council of the Borough of Mendham
was published in the Observer Tribune and the Morris County Daily Record,
and was posted on the Phoenix House bulletin board on January 5, 2005 in
accordance with the Open Public Meetings Act.
4. Roll Call:
Mayor Richard Kraft
Councilman Louis Garubo
Councilman Stanley Witczak
Councilman Lawrence Haverkost
Councilman David Murphy
Council President Neil Henry
Councilwoman Barbara Stanton
Student Representative Sharon Hakakian
5. Consent Agenda
*Minutes of the July 18, 2005 Regular Meeting Minutes
*Minutes of the July 18, 2005 Executive Session Meeting Minutes
(not to be released to the public)
*Res.#121-05 Annual Recycle/Tonnage Grants
*Request for Road Closure-Kristen Stanley-8/27/05(1:00PM-7:00PM)
Hoffman Rd.-entire Rd-to end of Mtn. Avenue (Raindate: 8/28/05)
*RA 618 - Off Premise Draw Raffle-Mendham Borough Home School Assoc.
Oct. 1, 2005 (10am-3pm)
*Banner Request- Hexagon Players-8/15/05-8/22/05 and 11/7/05-11/14/05
*Request for Road Closure-Barbara Bruin-9/4/05 (All Day)-Sterling Avenue
6. Discussion Items
Schiff Natural Land Trust Application
7. Ordinance Introduction
8. Ordinance Public Hearing/Adoption
9. Actions To Be Taken:
Res. #122-05 Amend Rules & Regulations/Police Department
Res. #123-05 Appoint Carl Callahan/ Darren Thau- DPW
Res. #124-05 Patriots Path-Cosma Track Application Dept. of Transportation
Res. #125-05 Interlocal Agreement-West Morris Regional High School District
Board of Education for a School Resource Officer.
Res. #126-05 Interlocal Agreement-Mendham Borough/Mendham Twp.
Mash Vehicle
Res.#127-05 Contract Paulus, Sokolowski, Sartor, LLC/WRF Conduct
Infiltration & Inflow Evaluation
Res.#128-05 Police Extra Duty
Res.#129-05 Mendham Memories Publishing Contract-Donning Co.
Publishers of Lanexa Viriginia
Res.#130-05 Deferred Compensation/Met Life
Res.#131-05 Peter Henry, Esq. Special Atty. -
Historic Preservation Commission
August 1, 2005
REGULAR MEETING OF THE MAYOR AND COUNCIL
AGENDA
10. Administrators Report
11. Council Reports, Old & New Business
12. Mayor's Items
13. Public Comment
14. Approval of Vouchers
15. Executive Session
16. Adjournment
Items on the Consent Agenda are considered routine and will be acted upon by
the Borough Council by a single vote unless a member of the public, the Borough
Council or the Mayor request that an item be removed and considered separately
BOROUGH OF MENDHAM
MORRIS COUNTY, NEW JERSEY
RESOLUTION # 121-05
WHEREAS, the Mandatory Source Separation and Recycling Act,
P.L.1987, c.102, has established a recycling fund from which tonnage
grants may be made to municipalities in order to encourage local source
separation and recycling programs; and
WHEREAS, it is the intent and the spirit of the Mandatory Source
Separation and Recycling Act to use the tonnage grants to develop new
municipal recycling programs and to continue and to expand existing
programs; and
WHEREAS, the New Jersey Department of Environmental
Protection has promulgated recycling regulations to implement the
Mandatory Source Separation and Recycling Act; and
WHEREAS, the recycling regulations impose on municipalities
certain requirements as a condition for applying for tonnage grants,
including but not limited to, making and keeping accurate, verifiable
records of materials collected and claimed by the municipality; and
WHEREAS, a resolution authorizing this municipality to apply for
such tonnage grants for calendar year 2004 will memorialize the
commitment of this municipality to recycling and to indicate the assent of
The Borough Council to the efforts undertaken by the municipality and the
requirements contained in the Recycling Act and recycling regulations;
and
WHEREAS, such a resolution should designate the individual
authorized to ensure the application is properly completed and timely
filed.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and
Borough Council that Mendham Borough hereby endorses the
submission of the recycling tonnage grant application to the New Jersey
Department of Environmental Protection and designates the Borough
Clerk, Maureen Massey, to ensure that the application is properly filed;
and
BE IT FURTHER RESOLVED that the monies received from the
recycling tonnage grant be deposited in a dedicated recycling trust fund to
be used solely for the purposes of recycling.
DATED: August 1, 2005
Richard G. Kraft, Mayor
ATTEST:
Maureen Massey, RMC, CMC
Borough Clerk
BOROUGH OF MENDHAM
MORRIS COUNTY, NEW JERSEY
RESOLUTION #122-05
BE IT RESOLVED, by the Borough Council of the Borough of
Mendham, in the County of Morris, and State of New Jersey, as follows:
1.
That Chapter V of the Police Department's Rules and
Regulations be amended with regard to sections 5.2.3, 5.2.5, 5.2.6 and 5.2.7 to
read as follows:
"5.2.3 Chief of Police.
a. The candidate must have all of the eligibility requirements of the other
ranks and have served in the rank of Sergeant or higher rank within the
department for at least five (5) years, and
b. Must have proven ability to plan and direct the activities of the police
department, and
a. In the event only one officer in the rank of Sergeant or in a higher
rank is eligible, the Borough Council can waive any testing requirement
as outlined in 5.2.9, Procedure for promotion to the rank of Police
Chief, and
b. In the event there are no sergeants or officers of higher rank meeting
the eligibility requirements, or if they all fail to pass a testing procedure
required by the appropriate authority, all full-time sworn officers having
at least five (5) years as a certified police officer in this state with at
least three (3) years as a member of this Department may be
considered for the position.
5.2.5 Examinations.
a. As an aid in determining the qualifications of the candidates for promotion,
officers who meet the eligibility requirements for promotion to the rank of
Sergeant or Lieutenant shall be required to take written exam and a
promotional review. The promotional review shall be administered by a
promotional examination board, which consists of the three members of the
Public Safety Committee, which shall constitute the promotional examination
board. If any of the members of the Public Safety Committee have a conflict
of interest and are advised by the Borough Attorney to recuse themselves,
then the Mayor shall appoint an alternate council member to serve on the
promotional examination board. That board shall consider, among other
things, the candidates productivity and personnel records. Candidates shall
be required to demonstrate knowledge of Departmental rules and regulations,
policy and procedure and Borough ordinances requiring police enforcement.
b. Candidates shall be evaluated on the following criteria:
1. A written examination which is worth a maximum of 30% of a
candidate's total score; and
2. A promotional review which is worth a maximum of 30% of a
candidate's total score; and
3. Educational Credits, which is worth a maximum 10% of candidates
total score; and
4. Seniority, which is worth a maximum of 30% of a candidate's total
score.
c. The candidate's raw score for the written examination and promotional review
shall be multiplied by the percentage assigned to each criterion. As an
example: A candidate scores a 90 on the written exam will receive a total of
27 points (90 (raw score) x .30 (percentage) = 27 points).
1. The maximum grade for the written examination shall be 100 points.
The written exams shall be administered by any organization or
person selected by the Chief of Police and approved by the Borough
Council on the recommendation of the Promotional Examination
Board.
2. The promotional examination board's oral exam shall be divided into
two parts, each valued at 15% for a total value of 30%. The first part
shall be a demonstration before the board of knowledge of
Departmental rules and regulations, policy and procedure and
Borough ordinances requiring police enforcement. The second part
shall be a review of the candidate's personnel folder. Each member
of the board shall assign a rating of 25, 50, 75 or 100 for each of the
two parts.
i.Upon completion of each part the points assigned by each board
member shall be added together and then averaged for a total
score raw score. Similar to the written exam, the total raw
score shall be multiplied by the percentage assigned to this
category:
Part 1
Candidate 1 Candidate 2 Candidate 3
Knowledge
Board Member 1
75
100
50
Board Member 2
75
100
50
Board Member 3
50
50
25
Average 67
83
42
15% 10
12
6
Part 2 Personnel Candidate 1 Candidate 2 Candidate 3
Folder
Board Member 1
50
25
50
Board Member 2
75
75
100
Board Member 3
50
50
50
Average 58
50
67
15%
9
7.5
10
ii.The two parts shall then be combined for a total score for this
criterion. As an example:
Promotional
Candidate 1 Candidate 2 Candidate 3
Examination
Board Score
Part 1
10
12
6
Part 2
9
7.5
10
Total 19
19.5
16
iii. This oral exam must be administered by the promotional
examination board and its scores tallied prior to the candidate
taking the written exam.
3. Candidates shall receive a maximum of 10 points for course work
from an accredited college or university. Preferred areas of study
must be in the area of police science or one approved in advance by
the Public Safety Committee such as criminal justice, law
enforcement, police administration, criminology, political science,
public administration, communications, business, computer science,
sociology, law, or a course curriculum approved by the Public Safety
Committee. A candidate's raw score for educational work shall be
awarded according to one of the following categories:
i.Candidates that have completed and passed at least one course
towards a Bachelor's degree after obtaining their Associate's
degree be awarded 2 points.
ii.Candidates who have earned a bachelors degree shall be
awarded 6 points.
iii.Candidates who have completed and passed at least one post
bachelors degree course shall be awarded 8 points.
iv.Candidates who have been awarded a graduate degree shall be
awarded 10 points.
4. Points for seniority shall be awarded according to the following
schedule:
i.For each year up to and including the tenth (10) year 1 points.
ii.For each year after and including the eleventh (11) year 2 points
up to a total of thirty (30) points.
d. At the completion of the written exam and promotional review the raw scores
will be converted to points as described above. Seniority points and
educational points will also be tallied as described above. Each officer will
receive a total score based on all four parts of the process.
e. Based on the total score of all four parts, the Promotional Examination Board
will make a recommendation to the Borough Council for promotion of the
officer with the highest point total. The Council may determine the number of
promotions based on Chapter 38-2 of the Code of the Borough of Mendham.
5.2.6 (Reserved)
[Former Section 5.2.6, Written and oral exams, is deleted and
addressed in section 5.2.5]
5.2.7 Promotional List
a. Candidates who successfully complete the promotional examination process
but do not receive a promotion at the conclusion of the process shall be
placed on a promotional list for the same rank for which the candidates were
examined.
1. The promotional list shall be active for a two year period from the date
of the final results being published. A candidate on the list may be
recommended for promotions to the appropriate rank without further
examination within the two-year period.
2. The establishment of a list will be made upon the recommendation of
the promotional examination board to the Mayor and Borough Council
and the adoption of a resolution establishing the list by the Borough
Council.
b. The name of any eligible officer shall be removed from the eligible promotion
list for any of the following or other valid reasons:
1. Permanent appointment to the position for which the list was
promulgated.
2. Inability, unavailability or refusal to accept the appointment."
This Resolution shall take effect immediately.
DATED: August 1, 2005
Richard G. Kraft, Mayor
ATTEST:
Maureen Massey, RMC, CMC
Borough Clerk
BOROUGH OF MENDHAM
MORRIS COUNTY, NEW JERSEY
RESOLUTION #123-05
BE IT RESOLVED by the Mayor and Council of the Borough of Mendham,
County of Morris, and State of New Jersey, that the following appointments be made as
follows:
PUBLIC WORKS DEPARTMENT
ANNUAL SALARY
Carl Callahan, Road Foreman $40,000
Darren Thau, Semi-Skilled Laborer $35,000
This Resolution shall take effect immediately.
DATED: August 1, 2005
Richard G. Kraft, Mayor
ATTEST:
Maureen Massey, RMC, CMC
Borough Clerk
BOROUGH OF MENDHAM
MORRIS COUNTY, NEW JERSEY
RESOLUTION # 124-05
BE IT RESOLVED, by the Mayor and Borough Council that the Borough
of Mendham Council hereby endorses and authorizes the Mayor of the Borough of
Mendham to execute an application to the Transportation Enhancement Program of the
New Jersey Department of Transportation for new construction and improvements to the
sidewalks along North Linden Road to link Patriots Path and the creation of a proposed
Hike/Bikeway through the recreation site and Athletic Fields at the Cosma Tract.
BE IT FURTHER RESOLVED By taking this action, the Borough
acknowledges its future maintenance obligations as they relate to the sidewalks and
hike/bikeway and agree to continue the maintenance for a period of at least twenty (20)
years.
DATED: August 1, 2005
Richard G. Kraft, Mayor
ATTEST:
Maureen Massey, RMC, CMC
Borough Clerk
BOROUGH OF MENDHAM
MORRIS COUNTY, NEW JERSEY
RESOLUTION #125-05
WHEREAS, the Borough of Mendham and the Board of Education
of the West Morris Regional High School District desire to enter into an Interlocal
Services Agreement with respect to the appointment of a School Resource
Officer for the West Morris Mendham High School; and
WHEREAS, the Board of Education and the Borough will share the
funding for the position; and
WHEREAS, the Chief Financial Officer has certified that funds are
available for this purpose; and
WHEREAS, municipalities are permitted to enter into such
agreements pursuant to the Interlocal Services Act, N.J.S.A. 40:8A-1 et seq.
NOW, THEREFORE, BE IT RESOLVED, by the Mayor and
Borough Council of the Borough of Mendham, in the County of Morris and State
of New Jersey, as follows:
1. That the Mayor and Borough Clerk are hereby authorized to
execute an Interlocal Services Agreement between the Borough of
Mendham and the Board of Education of the West Morris Regional
High School District.
2. A copy of the Agreement is on file in the office of the Borough
Clerk for inspection by the public.
This resolution shall take effect immediately.
Dated: August 1, 2005
Richard G. Kraft, Mayor
ATTEST:
Maureen Massey, RMC, CMC
Borough Clerk
INTERLOCAL SERVICES AGREEMENT
BETWEEN MENDHAM BOROUGH AND THE BOARD OF EDUCATION
OF THE
WEST MORRIS REGIONAL HIGH SCHOOL
REGARDING A SCHOOL RESOURCE OFFICER FOR
WEST MORRIS MENDHAM HIGH SCHOOL
This Agreement made this day of , 2005, by and
between:
BOROUGH OF MENDHAM,
a municipal corporation of the State of New Jersey,
with
offices
at
the
Municipal Building,
Two
West
Main
Street,
Mendham,
New
Jersey
07945,
(Hereinafter,
"Borough")
and:
BOARD OF EDUCATION OF THE WEST MORRIS REGIONAL
HIGH SCHOOL DISTRICT
with offices at Four Bridges Road
Chester, New Jersey 07930
(Hereinafter,
"Board")
W I T N E S S E T H :
WHEREAS, the Borough and the Board desire to enter into an
agreement with regard to the hiring of a School Resource Officer ("SRO") to work
at the West Morris Mendham High School; and
WHEREAS, the Board and the Borough have agreed to each
provide a portion of the funding for the SRO.
NOW, THEREFORE, IN CONSIDERATION OF the mutual
covenants and agreements herein contained, the parties hereto, for themselves,
their successors and assigns, hereby agree as follows:
1. The Borough Police Department shall assign a police officer to
serve as the full-time School Resource Officer (SRO) for the West Morris
Mendham Regional High School, in accordance with the Mendham Borough
Police Policy on SRO.
2. The SRO shall be an employee of the Borough, subject to the
rules and regulations of the Police Department, entitled to all of the benefits of an
employee of the Borough and shall report directly to the Chief of Police.
3. The Board shall pay the sum of $32,000 annually to the
Borough as a contribution to the salary of the SRO.
4. The SRO shall have the duties and responsibilities as set forth
on Schedule A, attached hereto.
5. This Agreement shall commence September 1, 2005 for the
2005/2006 school year and terminate at the conclusion of the 2007/2008 school
year, at which time representatives of the Borough and Board shall review this
Agreement and determine whether it should be continued.
6. This Agreement is entered into pursuant to the provisions of
N.J.S.A. 40:8A-1, et seq. (Interlocal Services Act) and it is the intent of the
parties hereto that the provisions hereof shall be construed to give full effect to
the Legislative intent expressed therein.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the day and year first above written.
ATTEST:
BOROUGH OF MENDHAM
By:
Maureen Massey, Borough Clerk
Richard G. Kraft, Mayor
ATTEST: BOARD OF EDUCATION OF THE WEST MORRIS REGIONAL
HIGH SCHOOL DISTRICT
By:
SCHEDULE A
DUTIES AND RESPONSIBILITIES OF THE SCHOOL RESOURCE OFFICER
A. The officer shall provide traffic assistance, security and
surveillance of the areas assigned, note and report irregularities,
dangerous practices, and conditions, accidents, fires and other
acts or circumstances, requiring police or other action, which
affect the health and welfare of the students and school
personnel.
B. The officer will abide by school board policies and shall consult
with and coordinate activities through the school principal but
shall remain fully responsive to the chain of command of the
Mendham Borough Police Department in all matters relating to
employment and supervision.
C. The officer will refrain completely from functioning as a school
disciplinarian. The SRO is not to be involved in the enforcement
of disciplinary infractions that do not constitute violations of the
law.
D. The officer shall take necessary actions as to trespassers,
suspicious persons and conditions and report significant acts,
occurrences and conditions.
E. The officer shall conduct investigations of criminal or delinquent
activity according to established police department policy and
procedures, and enforce the laws of the State of New Jersey
when necessary.
F. The officer may be assigned to investigate by his immediate
supervisors and with the knowledge of the school principal,
offenses occurring off of school property, provided such
investigations relate to students attending the school in which
the officer is assigned.
G. The officer shall warn, detain, cite and/or take into custody
violators of the law when necessary.
H. The officer will complete timely reports as required by the
Mendham Borough Police Policy and Procedures.
I. The officer shall enforce traffic and parking laws and regulations
on school property.
J. The officer will develop pro-active programs and make
recommendations to protect school and personal property from
damage and theft.
K. The officer will assist with organizing emergency procedures for
lock downs, fire drills, bomb scares and all other school
evacuations.
L. The officer may assist in truancy investigations. Such
investigations that require police assistance off school property
will not generally be handled by the SRO. The patrol division
shall conduct the preliminary investigation in those instances.
M. The officer shall advise the principal on matters dealing with
enforcement of custody orders or Domestic Violence
Restraining Orders.
N. The officer shall coordinate the sharing of delinquency
information between the schools and the police department
pursuant to N.J.S.A. 2A:4A-60.
O. The officer shall coordinate his activities with the principal and
staff.
P. Upon request the officer will attend faculty meetings.
Q. Upon request the officer shall attend conferences between the
school personnel and parents regarding either individual
students or general security concerns.
R. The officer will at all times serve as a role model to students by
demonstrating appropriate attitudes, behavior and respect.
S. The officer will be a liaison between students and social
agencies which provide needed services.
T. Upon request the officer will assist administration and faculty in
formulating criminal justice programs. Upon request the officer
will assist faculty in the classroom.
U. The officer will answer questions that students may have about
criminal or juvenile law.
BOROUGH OF MENDHAM
MORRIS COUNTY, NEW JERSEY
RESOLUTION #126-05
WHEREAS, the Borough of Mendham and the Township of
Mendham desire to enter into an Interlocal Services Agreement with respect to
the joint purchase and use of a Mendham Area Senior Housing (MASH) bus; and
WHEREAS, the Chief Financial Officer has certified that funds are
available for this purpose; and
WHEREAS,
municipalities are permitted to enter into such
agreements pursuant to the Interlocal Services Act, N.J.S.A. 40:8A-1 et seq.
NOW, THEREFORE, BE IT RESOLVED, by the Mayor and
Borough Council of the Borough of Mendham, in the County of Morris and State
of New Jersey, as follows:
1.
That the Mayor and Borough Clerk are hereby authorized to
execute an Interlocal Services Agreement between the Borough of Mendham
and the Township of Mendham for the joint purchase and use of a Mendham
Area Senior Housing (MASH) bus.
2.
A copy of the Agreement is on file in the office of the
Borough Clerk for inspection by the public.
This resolution shall take effect immediately.
DATED: August 1, 2005
Richard G. Kraft, Mayor
ATTEST:
Maureen Massey, RMC, CMC
Borough Clerk
INTERLOCAL SERVICES AGREEMENT
BETWEEN MENDHAM BOROUGH AND MENDHAM TOWNSHIP
REGARDING JOINT PURCHASE AND USE
OF
MASH BUS
This Agreement made this day of , 2005, by and
between:
BOROUGH OF MENDHAM,
a municipal corporation of the State of New Jersey,
with
offices
at
the
Municipal Building,
Two
West
Main
Street,
Mendham,
New
Jersey
07945,
(Hereinafter,
"Borough")
and:
TOWNSHIP OF MENDHAM,
a municipal corporation of the State of New Jersey,
with offices at the Municipal Building , P.O. Box 520,
Brookside, New Jersey 07926.
(Hereinafter,
"Township")
W I T N E S S E T H :
WHEREAS, the Borough and the Township desire to jointly
purchase and use a Mendham Area Senior Housing (MASH) bus.
NOW, THEREFORE, IN CONSIDERATION OF the mutual
covenants and agreements herein contained, the parties hereto, for themselves,
their successors and assigns, hereby agree as follows:
1.
The Borough and the Township agree to the following terms
and conditions with regard to the acquisition of a MASH bus:
A.
The Borough and the Township shall each be responsible for
one-half of the following costs associated with the vehicle:
i.
purchase price (after application of any grant funds)
ii. insurance
premium
(for 2006 and thereafter)
iii.
registration and associated fees
iv.
operating costs of the vehicle, including gasoline and
maintenance
B.
Each municipality shall be entitled to the use of the vehicle in
accordance with the operating agreement attached hereto as
Schedule A.
C.
Each municipality shall be responsible for any damage to the
MASH bus that cost less to repair that the deductible under
the applicable insurance policy. Routine and regular
maintenance will be performed by the Borough's Department
of Public Works.
D.
The Borough agrees to include the MASH bus on its
inventory of insured property for the full replacement value of
the MASH bus in the event that the MASH bus is damaged
beyond repair. The proceeds of any insurance recovery shall
be equally shared between the Borough and the Township.
E.
The Borough shall register the vehicle, in the name of the
Borough, with the Division of Motor Vehicles.
F.
The MASH bus, when not in use, shall be parked at the
Mendham Area Senior Housing facility.
2. Neither municipality assumes any liability whatsoever for personal
injury, damage or loss to any property that may result from the use
and operation of the MASH bus in the other municipality pursuant
to this Agreement. Each municipality agrees to save and hold the
other harmless against any claims or losses for any damage or
loss to any property as a result of the use and operation of the
MASH bus by an employee or agent of the indemnifying
municipality during the term of this Agreement. Each municipality
shall indemnify the other against any claims, awards or judgments
(including reasonable counsel fees) which may be entered against
the other municipality as a result of the use and operation of the
MASH bus in the indemnifying municipality.
3.
This Agreement shall remain in effect until _____________,
2012, at which time representatives of the Borough and Township shall review
this Agreement and determine whether it should be continued.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the day and year first above written.
ATTEST:
BOROUGH
OF
MENDHAM
By:
Maureen Massey, Clerk
Richard G. Kraft, Mayor
ATTEST:
TOWNSHIP
OF
MENDHAM
By:
Clerk
Mayor
SCHEDULE A
OPERATING AGREEMENT FOR USE OF MASH BUS
1.
Mendham Area Senior Housing (MASH) will provide the operators/drivers for the
MASH bus.
2.
MASH shall administer the scheduling of routes, drivers and passengers and will
coordinate appointments and bus runs to achieve maximum efficiency of use of
the vehicle.
3.
MASH will be required to provide a list of all drivers/operators to the Borough and
Township and, upon request from the Borough or Township, will provide a copy
of a driver's motor vehicle record and appropriate background information.
4.
The Borough will provide the insurance, gasoline and maintenance for the
vehicle.
5.
The Borough and the Township shall have the right to use the MASH bus for
special events, such as _______________________________ and shall
coordinate the scheduling for such use with MASH.
BOROUGH OF MENDHAM
MORRIS COUNTY, NEW JERSEY
RESOLUTION #127-05
WHEREAS, there exists a need for certain specialized
professional engineering services in connection with the preparation of a sewer
system infiltration and inflow (I/I) evaluation within the service area of the
Borough's Wastewater Treatment Plant; and
WHEREAS, the maximum amount of this contract is not to exceed
$17,000; and
WHEREAS, the Finance Officer has certified that funds are
available for this purpose; and
WHEREAS, the Local Public Contracts Law (N.J.S.A. 40A:11-1 et
seq.) requires that the Resolution authorizing the award of contracts for
"professional services" without competitive bids and the contract itself must be
available for public inspection.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and
Borough Council of the Borough of Mendham, County of Morris, and State of
New Jersey, as follows:
1.
The Municipal Council hereby authorizes execution by the
Mayor and Borough Clerk of the attached agreement with Paulus, Sokolowski
and Sartor, LLC, of Warren, New Jersey.
2.
This contract is awarded without competitive bidding as a
"professional service" in accordance with N.J.S.A. 40A:11-5(1)(a) of the Local
Public Contracts Law because said services are exempt from the provisions of
the bidding statutes in that they are services rendered or performed by a person
authorized by law to practice a recognized profession and are services which
require knowledge of an advanced type in a field of learning acquired by a
prolonged course of specialized instruction as distinguished from general
academic instruction or apprenticeship and training.
3.
A Notice of this action shall be printed once in the Observer Tribune as
required by law.
Dated:
Richard
G.
Kraft,
Mayor
ATTEST:
Maureen Massey, RMC, CMC
Borough Clerk
NOTICE OF CONTRACT AWARDED
The Borough of Mendham has awarded a contract without
competitive bidding as a professional service pursuant to N.J.S.A. 40A:11-
5(1)(a). This contract and the resolution authorizing it are available for public
inspection in the office of the Borough Clerk.
Awarded
to:
Paulus,
Sokolowski and Sartor, LLC.
67A
Mountain
Blvd.
Extension
P.O.
Box
4039
Warren,
NJ
07059
Services:
Professional engineering services for the
preparation of a sewer system infiltration and
inflow (I/I) evaluation within the service area of
the Borough's Wastewater Treatment Plant
Cost:
$17,000
AGREEMENT
THIS
AGREEMENT, made this day of , 2005, by and
between:
BOROUGH OF MENDHAM,
a
municipal
corporation of the State of
New Jersey, with offices at the Phoenix House
2
West
Main
Street
Mendham,
New
Jersey
07945
(Hereinafter,
"Borough")
and:
PAULUS, SOKOLOWSKI AND SARTOR, LLC
67A Mountain Boulevard Extension
Warren, New Jersey 07059-0039
(Hereinafter,
"Engineer")
W I T N E S S E T H :
WHEREAS, the Borough of Mendham wishes to enter into an
Agreement with Engineer for professional engineering services in connection
with the preparation of a sewer system infiltration and inflow (I/I) evaluation
within the service area of the Borough's Wastewater Treatment Plant; and
WHEREAS, N.J.S.A. 40A:11-1, et seq. requires that all contracts
be in writing; and
WHEREAS, the Borough desires to retain Paulus, Sokolowski and
Sartor, Inc. P.O. Box 4039, Warren, New Jersey to provide the above-referenced
services.
NOW, THEREFORE, IN CONSIDERATION OF the mutual
covenants and agreements herein contained, the parties hereto, for themselves,
their successors and assigns, hereby agree as follows:
1.
The Engineer agrees to provide professional engineering
services in connection with the preparation of a sewer system infiltration and
inflow (I/I) evaluation within the service area of the Borough's Wastewater
Treatment Plant as outlined in the Engineer's proposal dated July 19, 2005,
attached hereto as Exhibit "A", to the extent that it is consistent with this
Agreement.
2.
The Engineer shall be compensated in accordance with the
fees established in the attached proposal which fees shall control during the term
of this agreement notwithstanding any language in Section 2.B. of the Proposal
to the contrary. Payment shall be made to the Engineer upon submission of
vouchers to be provided by the Borough. There shall be no retainer and no
interest due on late payments. The Engineer shall not be entitled to interest on
payments that are past due or any collection costs incurred as a result of this
Agreement. In no event shall the total compensation to be paid by the Borough
exceed $17,000.00 unless the Borough Council, by Resolution, specifically
authorizes such additional compensation.
3.
The Engineer shall also be entitled to reimbursement for all
disbursements made on behalf of the Borough .
4.
The Engineer shall furnish the Borough with a Certificate of
Insurance which shall clearly show that policies with the following limits of liability
will be in effect for the duration of this agreement:
Professional
Liability:
$1,000,000 per occurrence
General Liability:
$1,000,000 per occurrence, combined
single limit for bodily injury and property
damage.
Automobile:
$1,000,000 per occurrence, combined
single limit for bodily injury and property
damage.
Worker's Compensation: Statutory
coverage
Umbrella: $2,000,000
The Certificate of Insurance must clearly indicate that the Borough
has been named as an additional insured on all of the Engineer's liability policies
and shall contain a 30-day prior notice of cancellation to the Borough .
5.
The Engineer agrees to indemnify and save harmless the
Borough, its officers, employees and agents, and each and every one of them,
from and against any and all claims, suits, costs, expenses, fees (including legal
fees), and from all damages of every kind and description by reason of the injury
or death of any person or persons or by reason of property damage to any
property which arises from or in any manner grows out of the negligent acts,
errors or omissions of the Engineer or its subcontractors or the officers, agents or
employees of either while engaged in the performance of this Agreement.
The Engineer specifically agrees that this obligation to indemnify and hold
the Borough harmless shall include the responsibility to reimburse the Borough
for any and all costs, expenses, fees (including legal fees in defense of any
claim), and all damages of every kind and description which may arise out of or
relate to the Engineer's negligent acts, errors or omissions relative to the
performance of this Agreement.
6.
During the term of this agreement, the parties hereto agree
to comply with the Affirmative Action requirements set forth in N.J.A.C. 17:27,
and hereby incorporate by reference the mandatory Affirmative Action language
set forth in Exhibit "B" which is attached hereto and made a part hereof.
7.
Upon breach of this Agreement, the other party shall have
the right to terminate the Agreement by written notice sent by certified mail to the
address set out in this Agreement. In the event of such termination, the Borough
shall be entitled to all finished and unfinished data, maps, reports, and plans
covered by or related to this Agreement upon payment by the Borough to the
Engineer for services performed up to the termination date. Failure of either
party to terminate upon occurrence of any breach shall not constitute a waiver of
any provision of this Agreement.
8.
The term of this agreement shall be for one year unless
sooner terminated by either party upon 90 days' prior written notice.
9.
This Agreement is not assignable by either party.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the day and year first above written.
ATTEST:
BOROUGH
OF
MENDHAM
By:
Maureen Massey, Clerk
Richard G. Kraft, Mayor
ATTEST:
PAULUS, SOKOLOWSKI AND SARTOR, LLC
By:
James R. Wancho, P.E.
EXHIBIT "B"
MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE
N.J.S.A. 10:5-31 et seq., N.J.A.C. 17:27
GOODS, PROFESSIONAL SERVICES AND GENERAL SERVICES
CONTRACTS
During the performance of this contract, Contractor agrees as follows:
Contractor or subcontractor, as applicable, will not discriminate against
any employee or applicant for employment because of age, race, creed, color,
national origin, ancestry, marital status, affectional or sexual orientation or sex.
Except with respect to affectional or sexual orientation, the Contractor will take
affirmative action to ensure that such applicants are recruited and employed, and
that employees are treated during employment, without regard to their age, race,
creed, color, national origin, ancestry, marital status, affectional or sexual
orientation or sex. Such action shall include, but not be limited to the following:
employment, upgrading, demotion, or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of compensation;
and selection for training, including apprenticeship. Contractor agrees to post in
conspicuous places, available to employees and applicants for employment,
notices to be provided by the Public Agency Compliance Officer setting forth
provisions of this nondiscrimination clause.
Contractor
or
subcontractor, where applicable, will, in all solicitations or
advertisements for employees placed by or on behalf of Contractor, state that all
qualified applicants will receive consideration for employment without regard to
age, race, creed, color, national origin, ancestry, marital status, affectional or
sexual orientation or sex.
Contractor or subcontractor, where applicable, will send to each labor
union or representative of workers with which it has a collective bargaining
agreement or other contract or understanding, a notice, to be provided by the
agency contracting officer advising the labor union or workers' representative of
the Contractor's commitments under this act and shall post copies of the notice in
conspicuous places available to employees and applicants for employment.
Contractor or subcontractor, where applicable, agrees to comply with the
regulations promulgated by the Treasurer pursuant to N.J.S.A. 10:5-31 et seq. as
amended and supplemented from time to time and the Americans with
Disabilities Act.
Contractor
or
subcontractor agrees to attempt in good faith to employ
minority and women workers consistent with the applicable county employment
goals prescribed by N.J.A.C. 17:27-5.2 or a binding determination of the
applicable county employment goals determined by the Division pursuant to
N.J.A.C. 17:27-5.2.
Contractor
or
subcontractor agrees to inform in writing appropriate
recruitment agencies, including, but not limited to, employment agencies,
placement bureaus, colleges, universities, labor unions, that it does not
discriminate on the basis of age, creed, color, national origin, ancestry, marital
status, affectional or sexual orientation or sex, and that it will discontinue the use
of any recruitment agency which engages in direct or indirect discriminatory
practices.
Contractor or subcontractor agrees to revise any of its testing procedures,
if necessary, to assure that all personnel testing conforms with the principles of
job-related testing, as established by the statutes and court decisions of the State
of New Jersey and as established by applicable Federal law and applicable
Federal court decisions.
In conforming with the applicable employment goals, the Contractor or
subcontractor agrees to review all procedures relating to transfer, upgrading,
downgrading and layoff to ensure that all such actions are taken without regard
to age, creed, color, national origin, ancestry, marital status, affectional or sexual
orientation or sex, consistent with the statutes and court decisions of the State of
New Jersey, and applicable Federal law and applicable Federal court decisions.
Contractor and its subcontractors shall furnish such reports or other
documents to the Division of Contract Compliance and EEO as may be
requested by the Division from time to time in order to carry out the purposes of
these regulations, and public agencies shall furnish such information as may be
requested by the Division of Contract Compliance and EEO for conducting a
compliance investigation pursuant to Subchapter 10 of the Administrative Code
at N.J.A.C. 17:27.
BOROUGH OF MENDHAM
MORRIS COUNTY, NEW JERSEY
RESOLUTION #128-05
NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of
the Borough of Mendham, in the County of Morris, and State of New Jersey,
as follows:
1. Pursuant to Section 38-19.B. of the Code of the Borough of Mendham,
the sum to be paid to the Borough for police extra duty assignments is
hereby fixed at $65.00 per hour (to be remitted to the officer) plus $5.00
per hour as an administrative fee to be retained by the Borough.
2. In circumstances when requests for police extra duty require the use of a
police vehicle, or when it is deemed necessary by the Police Chief, an
additional fee of $25.00 per hour shall be paid to the Borough
3. This Resolution shall take effect immediately.
DATED: August 1, 2005
Richard G. Kraft, Mayor
ATTEST:
Maureen Massey, RMC, CMC
Borough Clerk
BOROUGH OF MENDHAM
MORRIS COUNTY, NEW JERSEY
RESOLUTION #129-05
WHEREAS, the Borough of Mendham solicited proposals for the
publication of a pictorial history of the Borough of Mendham; and
WHEREAS, two quotations were received; and
WHEREAS, the proposal of The Donning Company Publishers of
Lanexa, Virginia at $20,982.50 is both the lower and more advantageous
quotation; and
WHEREAS, the contract may be awarded without advertising for
public bids since the amount of the contract is less than the bid threshold; and
WHEREAS, the Borough Council wishes to award a contract to The
Donning Company Publishers in accordance with their proposal; and
WHEREAS, the Chief Financial Officer has certified that funds are
available for this purpose.
NOW, THEREFORE, BE IT RESOLVED, by the Mayor and
Borough Council of the Borough of Mendham, in the County of Morris, and
State of New Jersey, as follows:
1.
A contract is hereby awarded to The Donning Company Publishers
of Lanexa, Virginia, for the publication of a pictorial history of the
Borough of Mendham for the amount of $20,982.50 for 750 copies.
2.
This Resolution shall take effect immediately.
Dated: August 1, 2005
Richard G. Kraft, Mayor
ATTEST:
Maureen Massey, RMC, CMC
Borough Clerk
BOROUGH OF MENDHAM
MORRIS COUNTY, NEW JERSEY
RESOLUTION #130-05
DEFERRED COMPENSATION PLAN
WHEREAS, the Borough of Mendham (hereinafter referred to as
the "Employer") desires to attract and retain qualified employees to the Employer
and, as a means thereof, to make available to eligible employees the benefits of
a section 457 Deferred Compensation Plan (hereinafter referred to as the "Plan");
and
WHEREAS, in 1989 the governing body of the Borough of
Mendham adopted a Deferred Compensation Plan provided by Aetna Life
Insurance and Annuity Company (now ING) and the Manufacturers Life
Insurance Company; and
WHEREAS, the offering of additional investments from another
contractor will provide additional retirement investment options to participating
employees; and
WHEREAS, there is no cost to the Borough to adopt and
implement a Supplementary Service Agreement; and
WHEREAS, Borough officials reviewed the proposals submitted
and met with representatives of MetLife and MetLife was selected because of
their excellent service and reputation.
NOW, THEREFORE, BE IT RESOLVED, by the Mayor and
Borough Council of the Borough of Mendham, County of Morris and State of New
Jersey, as follows:
1. The deferred compensation plan provided by MetLife,
_________________, is hereby adopted.
2.
The Chief Financial Officer of the Borough is hereby designated as
the Local Plan Administrator for the administration of the Plan.
3.
MetLife shall be retained by the Employer as the contractor under
the Deferred Compensation Plan and MetLife shall educate all
eligible employees of the Employer regarding the Plan and shall
enroll and service those eligible employees who participate in the
Plan. As enrolling agent, MetLife shall be the exclusive Agent for
its funding options to be offered under the Plan.
4.
The Chief Financial Officer is authorized to execute a Service
Agreement with MetLife, ___________________, and to submit all
necessary documents to the Director of the Division of Local
Government Services within the State Department of Community
Affairs for approval.
5.
A copy of this resolution shall be forwarded to the Director of the
Division of Local Government Services within the State Department
of Community Affairs.
6.
There has been no collusion, or evidence or appearance of
collusion, between any local official and a representative of the
contractor in the selection of a contractor for the administration of a
Service Agreement pursuant to N.J.A.C. 5:37-5.7.
7.
The Borough of Mendham is adopting a deferred compensation
plan substantially similar to one on which a favorable Private Letter
Ruling has been previously obtained from the federal Internal
Revenue Service except for provisions added by reason of the
Small Business Job Protection Action of 1996 (United States Public
Law No. 104-188); the Economic Growth and Tax Relief
Reconciliation Act of 2001 (United States Public Law No. 107-16);
and Section 401(a)(9) of the Internal Revenue Code and all such
provisions are stated in the plan in terms substantially similar to the
text of those provisions in the Internal Revenue Code Section 457.
The use of the Ruling is for guidance only and acknowledges that
for Internal Revenue Service purposes, the Ruling of another
employer is not to be considered precedent.
Dated: August 1, 2005
Richard G. Kraft, Mayor
ATTEST:
Maureen Massey, RMC, CMC
Borough Clerk
BOROUGH OF MENDHAM
MORRIS COUNTY, NEW JERSEY
RESOLUTION 131-05
WHEREAS,
the Historic Preservation Commission desires to retain
an attorney for general advice and counsel; and
WHEREAS, the 2005 budget includes an appropriation for legal
expenses for the Historic Preservation Commission; and
WHEREAS, N.J.S.A. 40:55D-108 provides that the Historic
Preservation Commission may retain separate counsel, independent of the
municipal counsel, provided that the governing body provides, by appropriation,
for separate legal counsel.
NOW, THEREFORE, BE IT RESOLVED by the Borough Council of
the Borough of Mendham, County of Morris, and State of New Jersey, that the
Borough Council hereby consents to the appointment by the Historic
Preservation Commission of separate legal counsel at the rate of $155/hour.
This Resolution shall take effect immediately.
DATED: August 1, 2005
Richard G. Kraft, Mayor
ATTEST:
Maureen Massey, RMC, CMC
Borough Clerk
TO:
Mayor
and
Council
FROM:
Ralph E. Blakeslee, Administrator
DATE:
July 29, 2005
SUBJECT:
ADMINISTRATOR'S REPORT
I have the following items to report:
Item # 1 Discussion Items:
On the agenda for discussion is the Shift Trust application to the County Open Space
program. I previously sent a copy of this application to you for review. Please not that
that while the application notes the Borough as a possible source of funding the project,
endorsement of the application does not commit the Borough. I believe a simple motion
authorizing the endorsement is all that is necessary.
Item #2 Ordinances:
There are no ordinances scheduled for action at this meeting.
Item #3 Resolutions:
Here is a brief description of some of these placed on the agenda for your consideration:
· Resolution #122-05 amends the Police Department rules and regulations, as
recommended by the Public Safety Committee
· Resolution #123-05 formally appoints Carl Callahan as DPW Road Foreman and
Darren Thau as a Semi-Skilled Laborer, as recommend by the Public Works &
Utilities Committee.
· Resolution #124-05 authorizes the grant applications for Patriot's Path and the
Cosma Tract, as was discussed at the last Borough Council meeting.
· Resolution #125-05 authorizes an Interlocal Service Agreement-West Morris
Regional High School District Board of Education for a School Resource Officer.
The Public Safety Committee has forwarded this resolution for consideration.
Acting Chief Taylor developed the attached duties of the officer in conjunction
with the high school administration.
· Resolution #126-05 authorizes an Interlocal Agreement-Mendham
Borough/Mendham Township for funding and operation of the new MASH mini
bus. The bus is now expected to be delivered in late November of this year.
· Resolution #127-05 authorizes a contract PS&S to conduct infiltration & inflow
evaluation of Borough's sanitary sewer collection system. A copy of the
evaluation scope is attached. Funding will be coming from the WRF capital
budget. The scope was forwarded to the Public Works & Utilities Committee and
has been reviewed and approved by Borough Engineer Paul Ferriero and plant
Superintendent Doug Wright.
· Resolution #128-05 authorizes a contract with MetLife for to provide an
additional deferred compensation plan for Borough employees. As I previously
reported this new plan will be in addition to the Borough's existing deferred
compensation plan offered through AIG.
· Resolution #129-05 authorizes a contract to publish the centennial book memories
book and has been recommended by John Andrus.
Item # 4 JCP&L Line Clearing:
I have received notification that JCP&L will be performing line clearance operations
along its power lines that serve a portion of Mendham Borough. Vegetation will be
cleared from transmission lines in order to decrease the number of outages, especially
during the winter season.
Item #5 Public Safety Committee:
High School Construction. On Tuesday, July 26th the Public Safety Committee met and
discussed the recent meetings and correspondence from the West Morris Regional High
School District representatives relative to the pending high school construction. The
committee reports and recommends as follows:
· As requested by the BOE and the construction management firm (CMF), the trees
have been trimmed along Budd Street.
· The PSC recommends that the BOE be allowed to remove the existing Budd
Street gates and that a newer sixteen (16) foot gate be installed to allow delivery
vehicles access to the lower property.
· The new Budd Street gate shall be closed from Friday after construction ends for
the day to Monday morning. The gate shall be opened for special events during
the weekend such as football games for handicapped, school transportations and
emergency vehicles.
· Keying of the gate shall be coordinated with the CMF and the Mendham Borough
Police Department. Keys will be distributed to the appropriate emergency
response agencies.
· After construction is completed the new gate will remain in place and will be
closed as per pre-construction policy. Construction is considered complete when
a Certificate of Occupancy is issued for the building.
· The BOE will be allowed to create an unpaved, gravel parking area adjacent to
the Budd Street entrance, which will accommodate up to fifty (50) vehicles.
· The BOE will install a sign at the location of the new gate and the entrance of
Budd Street (on BOE property) that directs exiting student traffic to turn left at the
end of Budd Street. Students who fail to adhere to the directions shall have their
parking privileges revoked.
· The BOE will strictly enforce all the rules and regulations regarding parking and
driving by students. Parking privileges will be revoked upon any infraction of
BOE rules and/or Mendham Borough ordinances.
· All construction delivery vehicles shall use the East Main Street entrance to
access the construction site except between the 7:15 and 8:15 am and 2:20 to 3:00
pm Monday through Friday. Construction delivery vehicles that cannot physically
use the East Main Street entrance shall use the Budd Street entrance.
· No construction delivery vehicles shall be allowed to park or be staged on any
residential street in the Borough.
· A route through the Borough for construction delivery vehicles will be developed
in cooperation with the CMF and the MBPD and signed as construction route.
· Construction workers shall use the East Main Street entrance to access the
construction site.
· The BOE shall install an access ramp/cut out at the end of the circler drive to
allow construction and emergency vehicles to drive to the field house.
· The BOE will install a new pedestrian pathway, that will link the new
gravel/unpaved parking area adjacent to Budd Street to the high school.
· The BOE will install pedestrian lighting at the concession stand.
· The BOE will continue its efforts to reduce incoming traffic by encouraging
student use of buses, car pooling and other measures that may be identified
Extra Duty Payments. Acting Chief Taylor has researched what other municipalities
charge for outside duty request.
· Mendham Twp: $65.00 per hour flat rate. Officers that work an extra detail job
get their OT rate. The $75.00 figure is their Police Chief's approximate overtime
rate. The Township loses money when he works an extra detail job.
· Chester Twp: $64.40 per hour for officer, plus 25.00 per day for administrative
fees and vehicle use.
· Chester Borough: $51.00 per hour, plus $40.00 per hour for vehicle and
administrative fees
· Bernardsville Borough: $49.50 per hour, plus .50 cents per hour for administrative
fees.
Acting Chief Taylor is recommending $65 per hour rate for an officer and $5 an hour for
administrative fees. He is also recommending an additional fee of $30 for the use of the
car for the day. The vehicle fee would be applied when a police car is needed for traffic
control, such as road construction jobs. A vehicle fee would not be charged for outside
duty such as Kings traffic control, High School functions or any other job where the
vehicle is needed to transport an officer to the job location. I have place a revised
Resolution #110-05 on Monday night's agenda for your consideration.
Item #5 Public Works & Utilities Committee:
The committee met on July 18th with Public Works Superintendent Tom Miller and WRF
Superintendent Doug Wright.
· Committee discussed the request to promotions and staffing in the Department. It
was decided to recommend that Carl Callahan be promoted to the position of
Road Foreman at a salary of $40,000 and that Darren Thau be promoted to Semi-
Skilled Labor at a salary of $35,000 with the understanding that he is to be
considered a "mechanic in training". He will be reviewed at the beginning of next
year and considered for promotion to the position of Chief Mechanic.
· The Committee discussed extensively a system of providing incentives to
employees who acquire and maintain certifications relative to the positions in the
Borough. The Committee asked the Superintendents and Administrator to prepare
a policy regarding incentives to be considered for next year.
· The Committee agreed to review salary levels for personnel at the WRF next year
to see if they are appropriate given his level of responsibility and licenses several
individuals hold.
Item #6 - Wastewater Management Plan:
As previously reported, Jim Wancho of PS&S and I will be attending a meeting on
August 4th at 11:00 PM in Trenton to discuss the status of the Borough's Wastewater
Management Plan with the DEP.
I will be taking some vacation time next month. Specifically I will be out of the office
from Monday August 8th returning on Thursday August 11th. I will also be out of the
office Monday August 29th returning on Tuesday September 6th. Please have a pleasant
weekend.
REB/jp
Cc: Phoenix
House
Bowers
Building
Department of Public Works
Water Reclamation Facility
Police
Department
Fire
Department
First Aid Squad
John Jansen, Esq.
Paul W. Ferriero, Borough Engineer
Geoffrey B. Price, Zoning Officer
Document Outline
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