December 5, 2005
REGULAR MEETING OF THE MAYOR AND COUNCIL
AGENDA
REVISED
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
Application for Red Light Permit/Motor Vehicle Services/Barbara Nelson,
Mendham First Aid Squad
Res. #184-05 Refund $51.00 P & L Plumbing Construction Permit Fee
Minutes of the 11/7/05 regular meeting
Minutes of the 11/21/05 regular meeting
Mendham Borough Fire Department New Probationary Member/David Chakrin
6. Discussion Items:
DPW Brush/Leaf Depot
Sidewalk Snow/Ice Removal
Channel 25-Mendham Township
Membership Approval-Planning Board
7. Ordinance Introduction:
Ordinance #35-05 AN ORDINANCE OF THE BOROUGH OF MENDHAM,
COUNTY OF MORRIS, AND STATE OF NEW JERSEY
TO AMEND CHAPTER 190, STREETS AND
SIDEWALKS, OF THE CODE OF THE BOROUGH OF
MENDHAM
8. Ordinance Public Hearing/Adoption:
Ordinance #31-05 AN ORDINANCE OF THE BOROUGH OF
MENDHAM, COUNTY OF MORRIS, AND
STATE OF NEW JERSEY MAKING
VARIOUS TRAFFIC REGULATIONS
APPLICABLE TO HILLTOP SCHOOL AND
REGULATING THE USE OF SAID
ROADWAYS, STREETS, DRIVEWAYS AND
PARKING LOTS BY MOTOR VEHICLES
Ordinance #32-05 AN ORDINANCE OF THE BOROUGH OF
MENDHAM, COUNTY OF MORRIS, AND STATE OF
NEW JERSEY MAKING VARIOUS TRAFFIC
REGULATIONS APPLICABLE TO WEST MORRIS
MENDHAM HIGH SCHOOL AND REGULATING THE
USE OF SAID ROADWAYS, STREETS, DRIVEWAYS
AND PARKING LOTS BY MOTOR VEHICLES
December 5, 2005
REGULAR MEETING OF THE MAYOR AND COUNCIL
AGENDA
9. Actions To Be Taken:
Res. #185-05 Library of the Mendhams-de Neufvilles-Land Donation
Res. #186-05 Development Fee Spending Plan
Res. #187-05 Prof. Svc. Agree.-Landscape Architect Phoenix House Garden
Res. #188-05 Transfer of Funds
10. Administrators Report
11. Council Reports, Old & New Business
12. Mayor's Items
13. Public Comment
14. Approval of Vouchers
15. Executive Session: Res. #189-05-Atty. Client Privilege
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 #184-05
WHEREAS, P & L Plumbing paid $51.00 for Construction Permit
#052183 for property believed to be located at 1 Tempe Wick Road (Block 1701, Lot 7)
in Mendham Borough on July 20, 2005; and
WHEREAS, it was discovered that this address was for property located
at 1 Tempe Wick Road in Harding, New Jersey; and
WHEREAS, Permit #052183 is therefore void as it does not pertain to
property located in the Borough of Mendham.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the
Borough of Mendham, County of Morris, and State of New Jersey, that the Treasurer be
authorized and directed to refund $51.00 to P & L Plumbing, 300 Unit J, Edison, New
Jersey 08837.
Dated: December 5, 2005
____________________________________
Richard
G.
Kraft,
Mayor
ATTEST:
_____________________________
Maureen Massey, RMC, CMC
Borough Clerk
BOROUGH OF MENDHAM
MORRIS COUNTY, NEW JERSEY
ORDINANCE #35- 05
AN ORDINANCE OF THE BOROUGH OF
MENDHAM, COUNTY OF MORRIS, AND STATE
OF NEW JERSEY TO AMEND CHAPTER 190,
STREETS AND SIDEWALKS, OF THE CODE OF
THE BOROUGH OF MENDHAM
BE IT ORDAINED, by the Borough Council of the Borough of
Mendham, in the County of Morris, and State of New Jersey as follows:
SECTION 1. Chapter 190, Streets and Sidewalks, Article I, Street, Curb
and Sidewalk Specifications, of the Code of the Borough of Mendham, is hereby amended
and supplemented by the addition of a new section, Section 190-22A, Sidewalk Snow and
Ice Removal, to read as follows:
"Section 190-22A. Sidewalk Snow and Ice Removal.
A.
Snow and ice removal or treatment required. The
owner, occupant or tenant of the premises abutting or
bordering upon any streets in the Borough shall
remove all snow and ice from the abutting sidewalks
of such streets within 24 hours after the same shall
cease to fall or be formed thereon, provided that the
business administrator is authorized to suspend this
requirement or extend the period of removal when, in
his/her opinion, unusual and extreme conditions
occur, so as to warrant such action. Ice which is so
frozen as to make removal impracticable shall be
thoroughly covered with sand, ashes or a de-icing
material.
B.
Depositing snow or ice upon sidewalks. No person,
owner, tenant or occupant of any premises abutting
on any street or sidewalk shall throw, place or deposit
any snow or ice accumulated on private property into
or upon any such street or sidewalk in the Borough.
C.
Ice removal. No owner, occupant or person or tenant
of a premises abutting or bordering upon any
sidewalk in the Borough shall permit any ice to remain
upon any sidewalk or pedestrian walkway so as to
impede pedestrian traffic.
D.
Enforcement. The provisions of this section shall be
enforced by the Borough Police with the assistance of
the Borough Public Works Department."
SECTION 2. Chapter 190, Streets and Sidewalks, Article I, Street, Curb
and Sidewalk Specifications, Section 190-23, Violations and Penalties, of the Code of the
Borough of Mendham, is hereby amended to read as follows:
"Any violation of the provisions of this article shall, upon
conviction, be punishable by a fine not exceeding $1,250,
imprisonment for a term not exceeding 90 days or a period
of community service not exceeding 90 days, or any
combination thereof. For a violation of Section 190-22A, the
minimum fine shall be $100. Each and every day that a
violation continues shall be considered to be a separate
offense."
SECTION 3. All Ordinances of the Borough of Mendham, which are
inconsistent with the provisions of this Ordinance, are hereby repealed to the extent of
such inconsistency.
SECTION 4. If any section, subsection, sentence, clause of phrase
of this Ordinance is for any reason held to be unconstitutional or invalid, such
decision shall not affect the remaining portions of this Ordinance.
SECTION 5. This Ordinance shall take effect immediately upon
final passage, approval, and publication as required by law.
SECTION 6. This Ordinance may be renumbered for codification
purposes.
ATTEST:
APPROVED:
_________________________ _________________________
Maureen Massey, RMC, CMC Richard G. Kraft, Mayor
Borough Clerk
BOROUGH OF MENDHAM
MORRIS COUNTY, NEW JERSEY
ORDINANCE #31- 05
AN ORDINANCE OF THE BOROUGH OF
MENDHAM, COUNTY OF MORRIS, AND STATE OF
NEW JERSEY MAKING VARIOUS TRAFFIC
REGULATIONS APPLICABLE TO HILLTOP
SCHOOL AND REGULATING THE USE OF SAID
ROADWAYS, STREETS, DRIVEWAYS AND
PARKING LOTS BY MOTOR VEHICLES
WHEREAS, the Mendham Borough Board of Education has filed a written
consent with the Borough of Mendham to have various traffic regulations be made
applicable to the semi-public roads, streets, driveways and parking lots at the
Hilltop School.
NOW, THEREFORE, BE IT ORDAINED, by the Borough Council of the
Borough of Mendham, in the County of Morris, and State of New Jersey, as follows:
SECTION 1. The following traffic regulations shall be made applicable at
Hilltop School:
1.
General
Parking.
A.
Al vehicles must park in designated areas
and between the lines provided.
B.
No person shall stop or stand a vehicle upon
any of the streets or parts of streets described below, except in
areas covered by other parking restrictions.
STREET SIDES
HOURS LOCATION
All roads and aisles Both
All
As indicated on the site plan
C.
No person shall park a vehicle for longer than
the time limit upon any of the streets or parts of streets
described below:
STREET SIDES
HOURS LOCATION
Aisle "A"
West
15
As indicated on the site plan
Minutes
D.
Handicapped Parking. All stalls shall be 12 foot
wide as shown on the attached site plan and signed with the
R7-8 and R7-8P (Reserved Parking Sign and Penalty Plate) in
the designated parking areas for persons who have been
issued a Handicapped Parking Permit by the Motor Vehicle
Commission.
2. Reserved Parking.
All vehicles that are granted specialty parking in this section such as police
vehicles, ambulances, teachers, etc. must be properly identified and the
reserved parking spaces must be shown on the site plan attached hereto as
Schedule A.
3. One-Way
Streets.
The following described streets or parts of streets are hereby designated as
one-way streets in the direction indicated.
STREET DIRECTION LIMITS
Main Drive
East
Between Hilltop Road and Service Road
Aisle "A"
Clockwise
Between Main Drive and Hilltop Road
4. Speed
Limits.
A.
The
speed
limit
for
both directions of travel
on the following roadways are:
STREET MPH
LIMITS
All roads and aisles 15 Entire
length
B.
Regulatory and warming signs shall be erected and
maintained to effect the above designated speed limits authorized by
the Department of Transportation.
5. Tow-Away Zones.
Any vehicle parked or standing as to obstruct or impede a normal flow of
traffic, block entrances or exit ways, loading zones, oil fills, any grassy area,
pedestrian walkway or present in any way a safety or traffic hazard may be
removed by towing the vehicle at the owners or operators expense.
6. Loading
Zones.
The locations described are hereby designated as loading zones. No
person shall park a vehicle in said location during the times indicated other
than for the loading or unloading of goods and materials.
STREET SIDES
HOURS LOCATION
Aisle "A"
East
All
As indicated on site plan
Main Drive
South
All
As indicated on site plan
7.
Lane Use Reservations.
The lane locations described are designated as Lane Use Reservations and
traffic shall move as indicated.
INTERSECTION MOVEMENT
Aisle "A" and Hilltop (a) Westbound left lane of Aisle "A" reserved for
Road
left turns only
(b) Westbound right lane of Aisle "A" reserved for
right turns only
8. Violations/Penalties.
Unless another penalty is expressly provided for by the New Jersey statutes,
every person convicted of a violation of this ordinance or any supplement
thereto shall be liable to a penalty of not more than fifty dollars ($50) or
imprisonment for a term of not exceeding fifteen (15) days or both.
9. Signage.
All signs, posts or other necessary materials shall be installed and paid for
by the Mendham Board of Education. All signing shall conform to the
current Manual on Uniform Traffic Control Devices pursuant to N.J.S.A.
39:4-198 and N.J.S.A. 39:4-183.27.
SECTION 2. All ordinances of the Borough of Mendham which are
inconsistent with the provisions of this Ordinance, are hereby repealed to the extent
of such inconsistency.
SECTION 3. If any section, subsection, sentence, clause or phrase of this
Ordinance is for any reason held to be unconstitutional or invalid, such decision
shall not affect the remaining portions of this Ordinance.
SECTION 4. This Ordinance shall take effect upon publication and as
required by law and upon the posting of appropriate signs and upon approval of
the Commissioner of Transportation.
Introduced: November 7, 2005
Adopted: December 5, 2005
ATTEST:
APPROVED:
______________________________ _______________________
Maureen Massey, RMC, CMC Richard G. Kraft, Mayor
Borough Clerk
BOROUGH OF MENDHAM
MORRIS COUNTY, NEW JERSEY
ORDINANCE #32- 05
AN ORDINANCE OF THE BOROUGH OF
MENDHAM, COUNTY OF MORRIS, AND STATE OF
NEW JERSEY MAKING VARIOUS TRAFFIC
REGULATIONS APPLICABLE TO WEST MORRIS
MENDHAM HIGH SCHOOL AND REGULATING THE
USE OF SAID ROADWAYS, STREETS, DRIVEWAYS
AND PARKING LOTS BY MOTOR VEHICLES
WHEREAS, the West Morris Regional High School District Board of
Education has filed a written consent with the Borough of Mendham to have various
traffic regulations be made applicable to the semi-public roads, streets, driveways
and parking lots at the West Morris Mendham High School.
NOW, THEREFORE, BE IT ORDAINED, by the Borough Council of
the Borough of Mendham, in the County of Morris, and State of New Jersey, as
follows:
SECTION 1.
The following traffic regulations shall be made
applicable at West Morris Mendham High School:
1.
General
Parking.
A.
All
vehicles
must
park in designated areas and
between
the
lines
provided.
B.
No person shall stop or stand a vehicle upon any of the
streets or parts of streets described below, except in areas
covered by other parking restrictions.
STREET SIDES
HOURS LOCATION
All roads and aisles Both
All
As indicated on the site plan
C.
Handicapped Parking. All stalls shall be 12 foot wide
as shown on the attached site plan and signed with the R7-8
and R7-8P (Reserved Parking Sign and Penalty Plate) in the
designated parking areas for persons who have been issued a
Handicapped Parking Permit by the Motor Vehicle
Commission.
2. Reserved Parking.
All vehicles that are granted specialty parking in this section such as police
vehicles, ambulances, teachers, etc. must be properly identified and the
reserved parking spaces must be shown on the site plan attached hereto as
Schedule A.
3. Through
Streets.
The following streets or parts of streets are hereby designated as "Through
Streets". Stop signs shall be installed on the near right side of each street
intersecting the Through Street except where Yield signs are provided for in
the designation.
STREET LIMITS
Main Drive
Entire Length
Aisle "A"
Entire Length
4. Speed
Limits.
A.
The speed limit for both directions of travel on the
following
roadways
are:
STREET MPH
LIMITS
All roads and aisles 15 Entire
length
B.
Regulatory and warming signs shall be erected and
maintained to effect the above designated speed limits
authorized by the Department of Transportation.
5. Tow-Away Zones.
Any vehicle parked or standing as to obstruct or impede a normal flow of
traffic, block entrances or exit ways, loading zones, oil fills, any grassy area,
pedestrian walkway or present in any way a safety or traffic hazard may be
removed by towing the vehicle at the owners or operators expense.
6. Loading
Zones.
The locations described are hereby designated as loading zones. No
person shall park a vehicle in said location during the times indicated other
than for the loading or unloading of goods and materials.
STREET SIDES
HOURS LOCATION
Aisle "A"
South
All
As indicated on site plan
7.
Lane Use Reservations.
The lane locations described are designated as Lane Use Reservations and
traffic shall move as indicated.
INTERSECTION MOVEMENT
Main Drive and Route (a) Northbound left lane of Main Drive reserved
24 (Main Street)
for left turn only.
(b) Northbound right lane of Main Drive reserved
for right turn only
8. Bus
Stops.
The locations described are hereby designated as Bus Stops. No vehicle
other than an omnibus, picking up or discharging passengers, shall be
permitted to occupy said location between the hours indicated:
STREET HOURS
LOCATION
Main Drive
All
As indicated on site plan
9. Authorized
Vehicles
Only.
The following streets or parts of streets shall be designated as use for
authorized vehicles only. No vehicle other than an authorized vehicle shall
enter upon the below roadway.
STREET LIMITS
Service Road
Entire Length
10. Violations/Penalties.
Unless another penalty is expressly provided for by the New Jersey statutes,
every person convicted of a violation of this ordinance or any supplement
thereto shall be liable to a penalty of not more than fifty dollars ($50) or
imprisonment for a term of not exceeding fifteen (15) days or both.
11. Signage.
All signs, posts or other necessary materials shall be installed and paid for
by the West Morris Regional High School District Board of Education. All
signing shall conform to the current Manual on Uniform Traffic Control
Devices pursuant to N.J.S.A. 39:4-198 and N.J.S.A. 39:4-183.27.
SECTION 2. All ordinances of the Borough of Mendham which are
inconsistent with the provisions of this Ordinance, are hereby repealed to the extent
of such inconsistency.
SECTION 3. If any section, subsection, sentence, clause or phrase
of this Ordinance is for any reason held to be unconstitutional or invalid, such
decision shall not affect the remaining portions of this Ordinance.
SECTION 4. This Ordinance shall take effect upon publication and
as required by law and upon the posting of appropriate signs and upon approval
of the Commissioner of Transportation.
ntroduced: November 7, 2005
Adopted: December 5, 2005
ATTEST:
APPROVED:
Maureen Massey, RMC, CMC
Richard G. Kraft, Mayor
Borough Clerk
BOROUGH OF MENDHAM
MORRIS COUNTY, NEW JERSEY
Rev.
RESOLUTION 185-05
WHEREAS, Mount Hermon Hills, LLC (hereinafter "deNeufvilles")
is the owner of property located in the Borough of Mendham known as Block
1801, Lot 16 on the official tax map of the Borough of Mendham ("the Property");
and
WHEREAS, the de Neufvilles intend to convey and donate as a gift
a certain portion of the Property to the Township of Mendham and the Borough of
Mendham ("the Municipalities") so that the Municipalities can then ground lease
that land to the Library of the Mendhams, a New Jersey nonprofit corporation
("LOTM"), for the construction and maintenance of a library facility thereon for
use by the citizens of both Municipalities; and
WHEREAS, to enable and support LOTM's efforts to raise funds
and proceed with its plans to construct the library, the de Neufvilles are willing to
enter into an Agreement to demonstrate their commitment to convey and donate
the Property after the conditions set forth in this Agreement have been satisfied;
and
WHEREAS, the Borough Council wishes to authorize the execution
of the agreement to donate land to the Municipalities for the stated purpose.
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
Mayor
and
Borough Council hereby authorizes
execution by the Mayor and Borough Clerk of the Agreement to Make a Gift of
Land for the Construction of a Library between Mount Hermon Hills, LLC, the
Township of Mendham and the Borough of Mendham for the donation of a
portion of Block 1801, Lot 16 to be used for library purposes.
2.
Resolution #154-05 which authorized execution of a
previous draft of the Agreement is hereby rescinded.
3.
A copy of the Agreement is on file in the Borough's Clerk's
office for inspection by the public.
This Resolution shall take effect immediately.
DATED: December 5, 2005
Richard G. Kraft, Mayor
ATTEST:
Maureen Massey, RMC, CMC
Borough Clerk
AGREEMENT TO MAKE A GIFT OF LAND
FOR THE CONSTRUCTION OF A LIBRARY
THIS AGREEMENT made this ___ day of ____________, 2005
BETWEEN
MOUNT HERMON HILLS, L.L.C., a New Jersey limited liability company,
having an address c/o John and Suzanne de Neufville, P.O. Box 5357, North Branch,
New Jersey 08876 ("de Neufvilles"),
AND
The 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 ("Borough") and the TOWNSHIP OF MENDHAM, a municipal
corporation of the State of New Jersey, with offices at the Township Hall, Cherry Lane,
Brookside, New Jersey 07926 ("Township")(collectively, the "Municipalities").
WITNESSETH
WHEREAS, the de Neufvilles intend to convey and donate as a gift a certain
parcel of land hereinafter described to the Municipalities so that the Municipalities can
then ground lease that land to the Library of the Mendhams, a New Jersey nonprofit
corporation ("LOTM"), for the construction and maintenance of a library facility thereon
for use by the citizens of both Municipalities; and
WHEREAS, to enable and support LOTM's efforts to raise funds and proceed
with its plans to construct the library, the de Neufvilles are willing to enter into this
Agreement to demonstrate their commitment to convey and donate the Property after
the conditions set forth in this Agreement have been satisfied;
NOW, THEREFORE, in consideration of the mutual covenants and agreements
set forth herein and in accordance with resolutions adopted by the Borough and the
Township on ________ and __________, respectively, the parties hereto for
themselves, their heirs, legal representatives, successors and assigns, hereby agree as
follows:
1.
Gift
of
Land. The de Neufvilles agree to convey and donate to the
Municipalities, as a gift without consideration, by bargain and sale deed with covenants
against grantors' acts, that certain parcel of land being a portion of Block 1801, Lot 16,
as shown on the Tax Map of the Borough of Mendham, and more particularly described
and depicted on Schedules A-1 and A-2 attached hereto (the "Property"), together with
an appurtenant perpetual and non-exclusive drainage easement as depicted on
Schedule A-1 and A-2 attached hereto for the purpose of allowing a stormwater drainage
pipe and outfall and the overland flow of stormwater runoff from the Property to the
nearby stream or pond on the de Neufvilles' retained portion of said Lot 16, provided,
however, that such conveyance and donation shall not take place until the conditions
precedent set forth in this Agreement have been satisfied. That portion of the Property
depicted on Schedule A-1 as a drainage easement shall be revised to include any
changes required by the NJDEP in connection with the issuance of all necessary permits
and by the Borough Planning Board in connection with approval of the site plan. That
portion of the Property depicted on Schedule A-1 as a right-of-way/roadway connecting
into the adjacent public roadway on Block 1801, Lot 16.02 shall be improved (in
accordance with Borough standards for a public roadway) and dedicated as a public
road providing access to the new library and to the portion of Block 1801, Lot 16 ("Lot
16") retained by the de Neufvilles.
2.
Acceptance
of
Gift. Each of the Municipalities agrees to adopt an
ordinance accepting the de Neufvilles' deed of gift of the Property as tenants-in-
common, each having a fifty percent (50%) undivided interest in the Property, and then
enter a ground lease with LOTM so that a library may be built on the Property. The
Property is being donated, and accepted by the Municipalities, in AS-IS condition without
representation or warranty of any nature by the de Neufvilles' as to the condition or
quality of the Property or the suitability of the Property for use as a library or for any
other purpose. The Municipalities have retained professional consultants to inspect the
Property on their behalf, perform environmental due diligence and investigations as to
the condition and suitability of the land for the Municipalities' intended purpose.
3.
Conditions Precedent to the de Neufvilles' Conveyance. Before
the de Neufvilles shall be obligated hereunder to execute and deliver a deed conveying
and donating the Property to the Municipalities, the following conditions shall have been
satisfied:
a.
Subdivision. Minor subdivision approval creating the
Property as a separately conveyable lot shall have been obtained by the
Borough, and the time for appeal of the subdivision approval shall have
expired without any appeal having been taken. Said minor subdivision
shall be perfected by the execution and recording of the deed to the
Property in accordance with N.J.S.A. 40:55D-47. At that time, this
agreement shall be revised by the addition of the metes and bounds
description of the property as Schedule A-2.
b.
Library Construction Funding. The Municipalities shall be
satisfied, and represent to the de Neufvilles, that LOTM shall have
received cash or pledges sufficient to pay seventy-five percent (75%) of
the architect's estimated construction costs for the shell of a finished, but
unfurnished, library building for which a certificate of occupancy could be
issued. The Municipalities shall advise the de Neufvilles in writing when
this level of funding has been achieved.
c.
Credit Towards Future Cluster Development. The Borough
shall have adopted a ordinance (and the appeal period for same shall
have expired without an appeal having been taken) amending §215-
14.G.(1) of the Mendham Borough Zoning Ordinance to create a
subsection (d) thereof allowing a density bonus of one additional unit for
each five acres of land dedicated to the Municipalities for public use
purposes in connection with an application for subdivision and/or site
plan approval of the future development of the retained portion of Lot 16
and allowing such bonus even if such dedication precedes said
development application ; provided that such application is filed within a
ten-year period after the dedication of the Property to the Municipalities in
accordance herewith.
d.
N.J.D.E.P.
Permits. The final, non-appealable permits
needed from the New Jersey Department of Environmental Protection to
build the library and the access road to the library (including, but not
limited to, wetlands general permits, transition area waivers, stream
encroachment permits and special resource protection area waivers) shall
have been received, and no permit shall contain a condition precluding
the further extension or utilization of the access road to serve the
remainder of Lot 16 and adjacent parcels for development of that land
consistent with the currently existing Borough zoning ordinance.
e.
Access
Road. The parties shall have agreed upon the
location, alignment and standards for the public access road to the library
to be constructed by LOTM, which shall generally be from the existing
park road to the terminus of the southerly lot line of the donated parcel
and shall be satisfied that such public access road will provide access to
the remainder of Lot 16 for development of that land consistent with the
existing Borough zoning ordinance. The public access road shall be
constructed in accordance with RSIS standards for public streets.
f.
Ground
Lease. The Municipalities and LOTM shall have
agreed upon the terms and conditions of the ground lease of the Property
for the library facility and shall have adopted appropriate ordinances
approving the execution of the same contingent upon the occurrence of
the land donation contemplated herein.
If the forgoing conditions precedent have not been satisfied by July 1, 2007, or such later
date as is specified in writing by the parties hereto, then this Agreement shall terminate
and the de Neufvilles shall have no further obligation hereunder.
4.
Good
Title;
Closing. Title to the Property to be conveyed by the
de Neufvilles shall be a good and marketable fee simple title, insurable at regular rates
by a title insurance company selected by the Municipalities and shall be conveyed free
and clear of all liens, encumbrances, tenancies and rights of any nature except for the
deed restriction referenced in paragraph 5 below and such other encumbrances as are
acceptable to by the Municipalities. The closing of title to the Property in accordance
herewith shall occur at the offices of Pitney Hardin, LLP, 200 Campus Drive, Florham
Park, New Jersey, or such other location as the parties may designate, on or before the
first business day which is thirty (30) days after satisfaction of all of the conditions
precedent to the conveyance of the Property set forth in paragraph 3 above. If the de
Neufvilles' are unable to convey title to the Property in accordance with the foregoing,
the Municipalities' sole right and remedy shall be to decline the donation and terminate
this Agreement.
5.
Deed Restriction If Property Is Not Used as a Library. The deed
for the Property shall contain, and the Municipalities' title shall be subject to, a deed
restriction running with the land which will require that the Property be used exclusively
for a public library but, in the event that LOTM, as the ground lessee, and the
Municipalities, as ground lessors, reasonably determine that the operation of a joint
public library in the Borough is no longer feasible, the Property shall be used for a similar
public purpose which advances the cultural, historic preservation or environmental
preservation interests of the public. Under no circumstances shall the Property be used
for a Department of Public Works facility, police station or emergency service facility, or
storage facility of any kind; and no parking of maintenance or construction vehicles or
police, fire or emergency service vehicles shall be permitted thereon, except temporarily
in the event of an emergency. The right to enforce the deed restriction may be assigned
by the de Neufvilles to the New Jersey Conservation Foundation or a similar non-profit
cultural, historical or environmental preservation organization.
6.
Pond
Modification. The parties hereto acknowledge and agree
that the pond located near the Property and into which stormwater runoff from the
Property will flow pursuant to the drainage easement described and depicted in
Schedules B-1 and B-2, which Schedules will be finalized upon the issuance of final site
plan approval and approval of all required NJDEP permits, may be modified or
eliminated by the de Neufvilles or their successors-in-title to Lot 16 in the process of
complying with dam safety and other environmental regulations and nothing contained
herein or in the drainage easement referenced hereinabove shall obligate the de
Neufvilles to retain the pond or limit their rights to modify or eliminate the same in
compliance with applicable laws and regulations. If such pond modification work is
undertaken by said owner of Lot 16, such work shall be performed so as to avoid any
material adverse impact to the drainage facilities and other improvements installed by
LOTM to serve the library facility constructed on the Property. The Municipalities agree
to interpose no objection to any such pond modification work which causes no material
adverse impact to the library improvements and to execute such consents to such pond
modification work as may be requested by said owner of Lot 16 in connection with the
permitting of such work. The Municipalities shall likewise require LOTM to consent to
such pond modification work through an appropriate covenant in the ground lease.
7.
Access to Tree Farm. The parties agree that the existing woods
road which provides access to the tree farm, owned by de Neufville, will be removed and
re-vegetated within the special resource protection area to permit the overland
stormwater flow to occur at the sole cost and expense of LOTM. LOTM shall be
responsible for maintaining access to the tree farm via the existing woods road by either
a temporary or permanent alternative roadway at all times during and after construction,
and the conveyance of title shall be subject to the reservation of this access easement.
The existing woods road shall have a connection to the new public access road to be
constructed in accordance with paragraph 3.e.
8.
Relocation of Fence and Irrigation Line. In the event that the final
lot configuration encroaches on areas that are fenced and/or traversed by an irrigation
line for the tree farm, LOTM agrees to relocate the fence and the irrigation line as part of
the site work in connection with the development of the Property.
9.
Assignment. This Agreement may not be assigned by the
Municipalities without the prior written consent of the de Neufvilles, which consent may
withheld for any reason and in their sole discretion.
10.
Amendments: This Agreement may not be modified or amended
except by a written agreement executed by the parties.
11.
Terms
Survive
Closing. The covenants and agreements set forth
in paragraphs 5, 6, 7 and 8 of this agreement shall survive the closing of title and
delivery of the deed.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
day and year first above written.
MOUNT
HERMON
HILLS,
L.L.C.
By:_____________________________
John de Neufvil e, Member
By:_____________________________
Suzanne de Neufville, Member
ATTEST:
BOROUGH
OF
MENDHAM,
IN THE COUNTY OF MORRIS
___________________________ By:____________________________
Maureen Massey, Borough Clerk
Richard G. Kraft, Mayor
(SEAL)
ATTEST:
TOWNSHIP OF MENDHAM,
IN THE COUNTY OF MORRIS
_________________________________ By:_____________________________
Penny Newell, Township Clerk
Richard Krieg, Mayor
(SEAL)
BOROUGH OF MENDHAM
MORRIS COUNTY, NEW JERSEY
RESOLUTION #186-05
WHEREAS, the Borough of Mendham adopted a development fee
ordinance and spending plan which was approved by COAH as part of the second round
substantive certification; and
WHEREAS, by the adoption of Ordinance #04-05, the Borough amended
the development fee ordinance; and
WHEREAS, the COAH has reviewed and approved the changes made by
Ordinance #04-05 ; and
WHEREAS, by the adoption of Ordinance #30-05, the Borough adopted a
Third Round Growth Share Ordinance to require developers to construct the affordable
housing obligation generated by their development or, in certain instances, pay a fee in
lieu of such construction; and
WHEREAS, as part of the Third Round Housing Element and Fair Share
Plan, the Borough has amended the Development Fee Spending Plan.
NOW, THEREFORE, BE IT RESOLVED by the Borough Council of the
Borough of Mendham, in the County of Morris, State of New Jersey, that the Borough of
Mendham hereby adopts the amended Development Fee Spending Plan dated
December 5, 2005 and requests that the COAH review and approve the amended
Development Fee Spending Plan as part of the Borough's petition for Third Round
Substantive Certification.
This resolution shall take effect immediately.
DATED: December 5, 2005
Richard G. Kraft, Mayor
ATTEST:
Maureen Massey, RMC, CMC
Borough Clerk
INTRODUCTION
The Borough of Mendham, Morris County has a development fee ordinance that was
approved by the Council on Affordable Housing (COAH) on July 5, 1995 and amended
on March 21, 2005 by the Borough Council to increase the fees as permitted under
N.J.A.C. 5:94-6.6(a) and 6.7(b). This spending plan is prepared in accordance with
N.J.A.C. 5:94-6.2(c) and 6.5 and includes the following:
1. Projection of revenues anticipated from imposing fees on development, based on
actual proposed and approved developments and historic rate of development
activity.
2. A description of the administrative mechanism that the municipality will use to
collect and distribute revenues.
3. A description of the anticipated use of all development fees, payments in lieu of
constructing affordable units on site, funds from the sale of units with
extinguished controls, pursuant to N.J.A.C. 5:94-6.12, repayment of loans for
rehabilitation or affordability assistance, and voluntary contributions.
4. A schedule for the creation and/or rehabilitation of housing units.
5. If the municipality is including a municipally sponsored or 100 percent affordable
program, a new construction alternative living arrangement or an affordable
housing partnership program, a pro-forma statement of the anticipated costs and
revenues associated with the development.
6. The manner in which the municipality will address any expected or unexpected
shortfall if the anticipated revenues from development fees are not sufficient to
implement the plan.
As of December 5, 2005, the Borough of Mendham has collected $242,715 in its
affordable housing trust fund. All development fees collected and interest generated by
the fees are deposited in a separate interest-bearing account in Wachovia Bank, N.A. for
the purposes of affordable housing.
1. PROJECTION OF REVENUES FOR CERTIFICATION PERIOD
To calculate a projection of revenue anticipated between December 5, 2005 and the
expiration of substantive certification on or about December 20, 2014 the Borough of
Mendham considered the following:
(a) Residential and nonresidential projects which have had development fees
imposed upon them at the time of preliminary or final development approvals are
anticipated to provide $53,339 in development fees at issuance of building
permits and/or certificates of occupancy during the period of substantive
certification.
(b) All projects currently before the planning and zoning boards for development
approvals that may apply for building permits and certificates of occupancy are
anticipated to provide $72,000 in development fees during the period of
substantive certification.
(c) Development projected to begin construction based on historic rates of
development is anticipated to provide an additional $1,000,000 in development
fees during the period of substantive certification.
(d) Payments in lieu of construction from developers pursuant to N.J.A.C. 5:94-
4.4(b-e) are anticipated to provide $800,000 in development fees during the
period of substantive certification.
(e) Funds from other sources, including, but not limited to, the sale of units with
extinguished controls, repayment of loans for rehabilitation or affordability
assistance, and voluntary contributions are anticipated to provide $0 in fees
during the period of substantive certification.
(f) Interest on the projected revenue in the housing trust fund at the current average
interest rate is anticipated to provide $500,000 to accrue to the affordable
housing trust fund during the period of substantive certification.
The Borough of Mendham projects a total of $2,425,339 in revenue to be collected
between December 5, 2005 and the expiration of substantive certification. When the
total revenue projected of $2,425,339 is added to the amount collected to date of
$242,715, a total of $2,668,054 will be collected prior to the expiration of substantive
certification. All development fees, payments in lieu of construction and other funds
listed above will be deposited in a separate interest-bearing account in Wachovia Bank,
N.A. and all interest earned on the account will accrue to the account to be used only for
the purposes of affordable housing.
2. ADMINISTRATIVE MECHANISM TO COLLECT AND DISTRIBUTE FUNDS
The following procedural sequence for the collection and distribution of development fee
revenues will be followed by the Borough of Mendham.
(a) Collection of development fee revenues:
The planning board secretary notifies the Construction Official and the Tax
Assessor whenever preliminary, final or other applicable approval is granted for a
development which is subject to a development fee.
When a request is made for a building permit, the Construction Official
determines if the project is subject to the imposition of a mandatory development
fee.
If so, the Construction Official will notify the Tax Assessor to calculate the
approximate value of the project and set the fee based on the equalized assessed value
for residential fees and for non-residential fees.
The developer will pay up to 50 percent of the estimated development fee to the
Construction Official at the time the building permit is issued. The funds are then
forwarded to the Chief Financial Officer and deposited in the affordable housing
trust fund.
The balance of the development fee will be paid by the developer to the
Construction Official at the issuance of the certificate of occupancy. The funds
are then forwarded to the Chief Financial Officer and deposited in the affordable
housing trust fund.
(b) Distribution of development fee revenues:
The Borough Administrator submits to the governing body a recommendation for
the expenditure of development fee revenues as set forth in this spending plan.
The governing body reviews the request for consistency with the spending plan
and adopts the recommendation by resolution.
The release of funds requires the adoption of the governing body resolution in
accordance with the COAH-approved spending plan. Once a request is
approved by resolution, the Chief Financial Officer releases the requested
revenue from the trust fund for the specific use approved in the governing body's
resolution.
3. DESCRIPTION OF ANTICIPATED USE OF DEVELOPMENT FEES
(a) The Borough of Mendham will dedicate $300,000 to Rehabilitation which is
exempt from the affordability assistance requirement.
Rehabilitation program: $300,000.
Although the Borough of Mendham does not have a rehabilitation component for
the Third Round, the Borough of Mendham intends to use development fee revenues for
the rehabilitation of the housing units located at the Mendham Area Senior Housing
(MASH) complex, which units were included in both the second round substantive
certification (28 units) and the Third Round Fair Share Plan (8) units. In addition, 4
MASH units are included in the Township of Washington's, Morris County, second round
substantive certification.
The units, which were initially constructed from 1980 to 1990, need the following
improvements, which the Borough will fund from the Housing Trust Fund during 2006 to
2010:
a.
Kitchen cabinet replacement
b.
Kitchen flooring replacement
c. Pointing
d.
Selective replacement of appliances with associated plumbing
e.
Upgrade kitchen electrical system to current code (install GFI outlets)
f.
Upgrade kitchen plumbing to current code
g.
Replace light fixtures with low energy use fixtures and bulbs.
It should be noted that item g. will also help to make these units more affordable
since the tenants are required to pay their own electric bill.
In addition, The Borough participates with the Morris County Office of Community
Development to rehabilitate eligible homes in the Borough and funds will be available for
future rehabilitation projects.
(b) The Borough of Mendham will dedicate $75,000 from the affordable housing trust
fund to render MASH units more affordable. At this time, all of the tenants are
low-income and none of them meet the very-low income criteria, however, there
may be very low-income tenants during the period of substantive certification.
[NOTE: N.J.A.C. 5:94-6.12(c) specifies that, after subtracting development fees
collected to finance an RCA, a rehabilitation program or a new construction
project that are necessary to address the municipality's affordable housing
obligation, at least 30 percent of the balance remaining must be devoted to
affordability assistance to low- and moderate-income households in affordable
units in the municipality's Fair Share Plan, such as down payment assistance,
security deposit assistance, low interest loans, and rental assistance.
Additionally, one-third of the affordability assistance requirement must be used to
assist to very low-income households, earning 30 percent or less of median
income by region.]
Many residents of the MASH units qualify for federal rent subsidies. However,
there are approximately five residents, who do not receive federal subsidies and
will incur a hardship if the rents increase, as expected. The Borough will provide
rent subsidies to those residents. The amount of the rent subsidy will be equal to
the difference between the Net Tenant Contribution (NTC) and the Basic Rent for
tenants whose income is less than $30,000. It is anticipated that the cost of this
program will not exceed $7,500 annually.
Basic Rent is the rental per unit approved by the USDA to cover all of the
operating costs of MASH and ranges between $405/month and $465/month as of
the date of this plan for the units. The NTC is calculated by adding all income,
subtracting Medicare, supplemental insurance and out-of-pocket health care
costs to arrive at a net adjusted income. Thirty (30%) of this number is the
annual rent. The annual rent is further reduced by an average monthly electric
bill and then divided by twelve (12) to arrive at the monthly rent which equals the
NTC. Six residents currently have NTC's that exceed the basic rent and would
qualify for the subsidies in the amount of the difference between the basic rent
and the NTC.
The Borough, in conjunction with MASH, will administer the rent subsidy
program.
(c) The Borough will dedicate $725,000 to provide additional affordability assistance
to qualified households in the form of down-payment assistance, closing cost
assistance, security deposit assistance, low-interest loans and rental assistance.
(d) The Borough of Mendham will dedicate $350,000 from the affordable housing
trust fund to be used for administrative purposes as follows:
Salaries and benefits for municipal employees to develop and implement the
Borough's rehabilitation and rent subsidy and affordability assistance programs
including to income qualify households and monitor implementation - $150,000
To defray the costs of staff or consultants that are preparing or implementing a
fair share plan - $100,000
Legal and consultant fees associated with COAH compliance - $100,000
Any other administrative purpose permitted by N.J.A.C. 5:94-
6.12(e).
(d) The remaining $1,217,638 in the affordable housing trust fund will be used as
follows:
[NOTE:
N.J.A.C. 5:94-6.12(a) specifies what activities a municipality may
undertake with development fees.]
[Provide a detailed description of all activities that do not fall into one of the
categories above (i.e. extensions or improvements of roads or infrastructure to
affordable housing sites).]
(a)
The Borough will use funds to provide improvements to the infrastructure
which services the MASH facility. In particular, the parking lot will need to
be repaved during the period of substantive certification at an estimated
cost of $75,000.
(b) The Borough will also institute a buy-down program and municipal
construction either purchase existing structures and then re-sell the unit to
an affordable household or to subsidize the purchase of an existing structure
by a low or moderate income household. If the fees anticipated to be
received by developers in lieu of constructing affordable units on-site are
realized, the Borough will use funds to construct or purchase affordable units
in the Borough. The Borough will dedicate $1,142,638 for these two
programs combined.
SPENDING PLAN CALCULATION SUMMARY
Existing Balance
$ 242,715
Pending fees due upon issuance of building permit and/or CO
+ $ 53,339
Projects awaiting approval
+ $ 72,000
Projection based on historic development activity
+ $ 1,000,000
Payments in lieu of construction
+ $ 800,000
Projected Interest
+ $ 500,000
Other
+ $
= $ 2,668,054
TOTAL PROJECTED REVENUE
Funds used for Rehabilitation, RCA or New Construction (not - $ 300,000
including administration of such programs)
= $ 2,368,054
TOTAL SUBJECT TO AFFORDABILITY
ASSISTANCE REQUIREMENT
Affordability Assistance (minimum of 30% of above total)
- $ 800,416
Affordability Assistance to Very Low Income Households
$ 240,125
(minimum of 1/3 of above allotment)
Administration (maximum of 20% of total projected revenue minus - $ 350,000
RCA contribution)
REMAINING FUNDS FOR OTHER HOUSING ACTIVITY
= $ 1,217,638
1. [list individual projects] infrastructure at MASH
- $ 75,000
2. Buy-down or municipal construction
- $ 1,142,638
3. -
$
=
$0.00
4. SCHEDULE FOR CREATION AND/OR REHABILITATION OF HOUSING UNITS
Although the Borough of Mendham does not have a rehabilitation component for the
Third Round, the Borough of Mendham intends to use development fee revenues for the
rehabilitation of the housing units located at the Mendham Area Senior Housing (MASH)
complex, which units were included in both the second round substantive certification
(28 units) and the Third Round Fair Share Plan (8) units. In addition, 4 MASH units are
included in the Township of Washington's, Morris County, second round substantive
certification.
The units, which were constructed during the 1980's, need the following improvements,
which the Borough will fund from the Housing Trust Fund during 2006 to 2010:
a.
Kitchen cabinet replacement
b.
Kitchen flooring replacement
c. Pointing
d.
Selective replacement of appliances with associated plumbing
e.
Upgrade kitchen electrical system to current code (install GFI outlets)
f.
Upgrade kitchen plumbing to current code
g.
Replace light fixtures with low energy use fixtures and bulbs.
It should be noted that item g. will also help to make these units more affordable since
the tenants are required to pay their own utility bills.
NUMBER
PROGRAM OF UNITS FUNDS REQUIRED
(YEAR)
1 2 3 4 5 6 7 8 9 10
1. MASH
40
$15,
$45,
$45,
$45,
$45,
$45,
$45,
$15,
000
000
000
000
000
000
000
000
2.MASH-
5 $7,5
$7,5
$7,5
$7,5
$7,5
$7,5
$7,5
$7,5
$7,5
$7,5
rental assist
00
00
00
00
00
00
00
00
00
00
5. MUNICIPALLY SPONSORED OR 100 PERCENT AFFORDABLE PROGRAMS,
NEW CONSTRUCTION ALTERNATIVE LIVING ARRANGEMENTS, AND
AFFORDABLE HOUSING PARTNERSHIP PROGRAMS
The Borough of Mendham does not anticipate the development of any of these
programs at this time.
6. UNEXPECTED SHORTFALL OF FUNDS
There are more than adequate funds in the Housing Trust Fund and anticipated to fund
the rehabilitation projects described in this Spending Plan and therefore, a shortfall is not
foreseen.
SUMMARY
The Borough of Mendham intends to spend development fee revenues pursuant to
N.J.A.C. 5:94-6.12 and in conjunction with the housing programs outlined in the housing
element and fair share plan dated [insert date].
The Borough of Mendham has collected $242,715 to date and anticipates an additional
$2,425,339 in revenues before the expiration of substantive certification for a total of
$2,668,054 The municipality will dedicate $300,000 towards a rehabilitation program
$800,416 to render units more affordable, $1,7217,638 for infrastructure improvements
and a buy-down or municipal construction program and $350,000 to administrative
costs. It is not anticipated that there will be any shortfall in funds, since funds will not be
expended which are not available.
BOROUGH OF MENDHAM
MORRIS COUNTY, NEW JERSEY
RESOLUTION #187-05
WHEREAS, there exists a need for certain specialized professional
landscape architectural services to prepare a preliminary development plan and
final working plans for improvements to the Phoenix House Garden; and
WHEREAS, the maximum amount of this contract is not to exceed
$5,000.00; 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 John Charles Smith &
Associates of Far Hills, 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: December 5, 2005
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:
John Charles Smith & Associates
Services:
Professional landscape architectural services
to prepare a preliminary development plan and
final working plans for improvements for the
Phoenix House Garden
Cost:
$5,000.00.
AGREEMENT
THIS
AGREEMENT, made this day of December, 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:
JOHN CHARLES SMITH & ASSOCIATES
35 Branch Road
Far Hills, New Jersey 07931
(Hereinafter,
"Landscape
Architect")
W I T N E S S E T H :
WHEREAS, the Borough of Mendham wishes to retain a
Landscape Architect to prepare a preliminary development plan and final working
drawings for improvements at the Phoenix House Garden; 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 John Charles Smith &
Associates 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 Landscape Architect agrees to prepare a preliminary
development plan and final working drawings for improvements at the Phoenix
House Garden as outlined in the Landscape Architect's proposal dated
November 23, 2005, attached hereto as Exhibit "A", to the extent that it is
consistent with this Agreement.
2.
The Landscape Architect shall be compensated in
accordance with the fees established in the attached Proposal. Payment shall be
made to the Landscape Architect upon submission of vouchers to be provided by
the Borough. There shall be no deposit. The Landscape Architect 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 $5,000.00 unless the Borough Council, by Resolution,
specifically authorizes such additional compensation.
3.
The Landscape Architect shall also be entitled to
reimbursement for all disbursements made on behalf of the Borough .
4.
The Landscape Architect 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 Landscape Architect or its
subcontractors or the officers, agents or employees of either while engaged in
the performance of this Agreement.
The Landscape Architect 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 Landscape Architect's negligent acts, errors or
omissions relative to the performance of this Agreement.
5.
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.
6.
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
Landscape Architect 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.
7.
The term of this agreement shall be for one year unless
sooner terminated by either party upon 90 days' prior written notice.
8.
This Agreement is not assignable by either party.
9.
A copy of the the Landscape Architect's current New Jersey
Business Registration is attached hereto as Exhibit C.
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:
JOHN
CHARLES
SMITH
&
ASSOCIATES
By:
John C. Smith
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.
EXHIBIT C
COPY OF NEW JERSEY BUSINESS REGISTRATION CERTIFICATE
BOROUGH OF MENDHAM
MORRIS COUNTY, NEW JERSEY
RESOLUTION #188-05
WHEREAS, there appears to be insufficient funds in the following
accounts (excepting the appropriation for Contingent Expenses or Deferred
Charges) to meet the demands thereon for the balance of the current year:
Building Inspection O/E, Recycling S/W, Roads O/E and Parks S/W; and
WHEREAS, there appears to be a Surplus in the following accounts
(excepting the appropriation for Contingent Expenses, Deferred Charges, Cash
Deficit of Preceding Year, Reserve for Uncollected Taxes, Down Payments,
Capital Improvement Fund, or Interest and Debt Redemption Charges) over and
above the demand deemed to be necessary for the balance of the current year:
Roads S/W, Recycling O/E, Recreation O/E, and Parks O/E;
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the
Borough of Mendham, County of Morris, State of New Jersey, (not less than two
thirds of all the members thereof affirmatively concurring) that in accordance with the
provisions of N.J.S. 40A:4-58, part of the Surplus in the accounts heretofore
mentioned are hereby transferred to the account (excepting the appropriation for
Contingent Expenses or Deferred Charges) mentioned as being insufficient to meet
the current year demands; and
BE IT FURTHER RESOLVED that the Treasurer is hereby authorized
and directed to make the following transfers:
FROM: TO:
Roads S/W
500.00
Building Insp. O/E
500.00
Recycling
O/E
2,500.00
Recycling
S/W
2,500.00
Recreation
O/E 2,000.00
Roads
O/E
2,000.00
Parks O/E
3,000.00
Roads O/E
3,000.00
Roads S/W
6,000.00
Roads O/E
6,000.00
Roads S/W
300.00
Parks S/W
300.00
DATED: December 5, 2005
Richard
G.
Kraft,
Mayor
ATTEST:
Maureen Massey, RMC, CMC
Borough
Clerk
BOROUGH OF MENDHAM
MORRIS COUNTY, NEW JERSEY
RESOLUTION #189-05
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:
WHEREAS, it is necessary for the Mayor and Council of the
Borough of Mendham to discuss matters relating to Attorney-Client Privilege which
matters are permitted by Section 7.b. of the Open Public Meetings Act (Chapter
231 of the Public Laws of the State of New Jersey for 1975) to be discussed in
closed session in the absence of the public; and
WHEREAS, the Mayor and Council of the Borough of Mendham has
determined that it is necessary in the public interest that the matters in fact be
discussed in closed session, and has estimated that, as nearly as can now be
ascertained, the results of the discussion can be disclosed to the public at the
following time and under the following circumstances: when the matters are
resolved
NOW, THEREFORE IT IS RESOLVED that the public be excluded
from the ensuing portion of this meeting, during which only the aforestated matters
will be discussed.
DATE: December 5, 2005
_____________________________
ATTEST:
Richard G. Kraft, Mayor
_______________________________
Maureen Massey, RMC, CMC
Borough Clerk
TO:
Mayor
and
Council
FROM:
Ralph E. Blakeslee, Administrator
DATE:
December 2, 2005
SUBJECT:
ADMINISTRATOR'S REPORT
I have the following to report:
Item #1 Discussion Topics:
As was mentioned at the last meeting, a representative from Mendham Township's cable
television committee will be present to discuss the Borough's participation in Channel
25. Also on the agenda for discussion is a proposed ice/snow sidewalk removal
ordinance being proposed by the Public Safety Committee. Finally, Mayor Kraft has
asked that the topic of the future of the brush and leaf depot be placed on the agenda for
discussion. I have attached a copy of a memo prepared by Tom Miller last year on the
subject for background reading.
Item # 2 Ordinances:
Introductions. As previously mentioned, the Public Safety Committee is proposing a
ordinance that would required the removal of snow and ice from sidewalks within 24
hours of the ending of a winter storm. A copy of the ordinance is attached to the agenda.
The committee is asking that if the ordinance is acceptable that its adoption be fast
tracked so it could be placed on the agenda of the December 19th meeting.
Public Hearing. Ordinances #31-05 and #32-05, which are scheduled for second reading
and public hearing, regulate parking at the high school and Hilltop Schools.
Item #3 Borough Web Site:
After reviewing the discussion from the last Borough Council meeting I have prepared
the following procedure for adding minutes and agendas to the web site. Each board,
committee or commission will have a dedicated page. The page will include a brief
description of the board, its duties and regularly scheduled meeting locations, dates and
times. The page will also include a listing of board members and professionals. My
intention is to ask the board chairs and/or secretaries to prepare the descriptive text. The
page will also include two links to PDF files. The first will be to the latest board agenda,
the second to the latest approved minutes. Each board secretary will be given
instructions on how to use the new photocopier to scan the agenda and minutes into a
PDF format and send it me. Because the copier gives each scanned document a unique
number for a name, I will rename the document and upload it to the web site where it will
overwrite the previous file. This way the site will not be bogged down with old copies of
agendas and minutes. The pages will be accessed through links located on the left hand
side of the home page. After the first of the year I intend to upgrade the content
management software used to manage the site. The current software is several years old,
and improvements have been made that will make it easier to add content to the home
page. Once this is complete I will include story categories for each board and instruct the
appropriate staff members on how to upload content for category. This will allow
dynamic content regarding the boards, hearings and applications to be added on a more
regular basis. Once the procedure is in place I will assign the responsibility for site
maintenance to another staff member.
Item # 4 Animal Control Services:
As suggested at the last meeting, I contacted Officer Jim Osoreo of the Morristown
Humane Animal Division. Currently the Division has not entered into any shared
services contracts, but is interested in a possible arrangement. I also spoke with Nora
Parker, Director of St. Hubert's, regarding some of the issues referenced at the last
meeting. She promised to look in to ways to improve response time. In the meantime I
will be setting up a meeting with Officer Osoreo and his supervisor to begin discussing a
possible shared services arrangement. In light of the rapidly dwindling time, I would
recommend we move forward with renewing the contract with St. Hubert's with a 30 day
termination clause in the event that other arrangements can be made.
Item #5 Public Safety:
Public Safety Committee Meeting. The committee met on Monday, November 28th. In
addition to the snow/ice sidewalk removal ordinance on the agenda the committee also
discussed amending the current door-to-door solicitation rules and a new ordinance
regulating underage drinking on private property.
School Resource Officers. Our school resource officer started his high school post this
past Wednesday. Acting Chief Taylor reports that Officer Ferry was very excited and
prepared for the new assignment.
Item #6 - Finance:
Delinquent Taxes. Due to the success with last year's reminder letters, the Tax Collector
has prepared new correspondence to nine delinquent tax payers who owe approximately
$230,000. The letters will be sent out under my signature.
2006 Budget. The first draft of the 2006 operating budget will be ready by Monday and
will go out to the Finance Committee for initial review. With the exception of some
minor adjustments no department has requested substantial increases for 2006.
Insurance. The Borough has received a quote from the Morris County Municipal Joint
Insurance Fund and at first blush the numbers look good. Dave Quinn and I are meeting
with the Executive Director/Administrator on Friday, December 9th to review the
proposal in more detail. If we find it acceptable, a resolution authorizing a switch from
PAIC to the Morris County JIF would be placed on the December 19th agenda for
possible action.
Item #7 Land Use/COAH:
COAH Spending Plan. On the agenda for approval is the Affordable Housing Spending
Plan which Paula DeBona has been working on. The plan is the last item needed for the
Borough's Third Round Substantive Certification application due at COAH on December
20th.
Zoning Enforcement. On Thursday, December 1st Mayor Kraft and I met with Borough
Engineer Paul Ferriero and Zoning Officer Geoff Price. The topic of the discussion was
more proactive zoning enforcement. Several related issues were discussed and one new
procedure that Geoff will institute the first of the year is a monthly report which will be
distributed to the land use board chairs and the governing body.
Item #8 Deer Management:
On Tuesday, November 29th I met with Acting Chief Taylor and Detective Hopf and
reviewed the decisions made by the governing body regarding the deer management
program. Detective Hopf will be in charge of coordinating the program, and I have asked
him to reach out to the previous volunteer coordinator. Detective Hopf intends to use
police officers initially as a stop gap measure since background checks will take some
time to complete. He also anticipates getting the program up and running, including ID
cards, vehicle stickers and posting of signs by the end of the month. I will be touching
base with the department next week so we can coordinate press releases and posting of
the information on the Borough web site and in the newsletter.
I have also contacted the Morris County Park Commission regarding their deer
management program and liability issues. I have not as of yet heard back from them.
On a related subject you will recall at the last meeting mention was made of the Bernards
Health Departments 2002-2003 lyme disease report. A copy of the executive summary is
attached for your review. The full report is on file in my office.
Item #9 Mendham Commons Easements:
On Monday night's agenda is a resolution authorizing an easement agreement for the
sanitary sewer lines in Mendham Commons. This document was sent to Mr. Robert
Ackerman on Thursday and they may not have had time to review it before Monday
night's meeting. If I do not hear from them by Monday afternoon, I will recommend that
the resolution be postponed.
Item #10 Municipal Court:
Steve Mountain has asked that a meeting be held with the Court Administrator, the Judge
and representatives from both municipalities to discuss future staffing at the court. In the
last several years the court has experienced a significant increase in cases and the concern
is being expressed about the ability of the staff to keep current. Typically a
representative from the Personnel and Public Safety Committees as well as myself have
met with Township representatives to discuss court issues.
Item #11 Capital Projects:
Emergency Generators. Prep work continues. The generators are due to be delivered
next week.
Sidewalk Improvement. The contractor has called for the utility mark out and the job will
proceed as weather permits.
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