July 3, 2006
REGULAR MEETING OF THE MAYOR AND COUNCIL REVISED
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 3, 2006 in accordance with
the Open Public Meetings Act.
4. Roll Call:
Mayor Richard Kraft
Councilman Louis Garubo
Councilman Stanley Witczak
Councilman Brad Badal
Councilman David Murphy
Council President Neil Henry
Councilwoman Barbara Stanton
Student Representative Melissa Barron
5. Consent Agenda:
Approval of the minutes of the June 5, 2006 executive session meeting
Approval of the minutes of the June 5, 2006 regular meeting.
Approval of the minutes of the June 19, 2006 executive session meeting
Approval of the minutes of the June 19, 2006 regular meeting.
Res. #127-06 Return Tennis Camp Fees
Res. #128-06 Spies/Grossberger Sewer Connection Permit
Res. #129-06 Manloy Associates Sewer Connection Permit
Blue Light Permit David Chakrin- Mendham Fire Department
Banner Permit Mt. View School-8th Grade Fair-10/9/06-10/16/06
Permission to Travel Thru Mendham-Braking the Cycle-9/17/06
6. Discussion Items
7. Ordinance Introduction: ORDINANCE #12-06
AN ORDINANCE TO CREATE THE POSITION OF MUNICIPAL
HOUSING LIAISON FOR THE PURPOSE OF ADMINISTERING
THE BOROUGH OF MENDHAM'S AFFORDABLE HOUSING
PROGRAM PURSUANT TO THE FAIR HOUSING ACT.
8. Ordinance Public Hearing/Adoption
9. Actions To Be Taken:
Res. #130-06 Interlocal Agreement Mendham TV 25
Res. #131-06 2005 Annual Audit
Res. #132-06 Appoint P/T Employee-Susan Rossi
Res. #133-06 Agreement Cara E. Kober-Edit the Master Plan
Res. #134-05 Alliance for the Drug Free Mendhams-Grant Application
Res. #135-06 Special Item of Revenue
Res. #138-06 3rd Qtr. Taxes 2006 Tax Rate
10. Administrators Report
11. Council Reports, Old & New Business
12. Attorney Items
13. Mayor's Items
14. Public Comment
15. Approval of Vouchers
16. Executive Session Res. #136-06 Attorney-Client Privilege (Land
Acquistion) and Litigation
17. Res. #137-06- PSA/Arthur C. Groves III, Ph.D., CEO- Global
Environmental Services, Inc.
18. 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 #127-06
WHEREAS, the following individuals have paid the fee indicated for their children's
participation in the Tennis Camp program:
Lucy Cheng
$ 75.00
2 Cross Way
Mendham, NJ 07945
Beth Mund
$ 75.00
6 Bockoven Rd.
Mendham, NJ 07945
WHEREAS, the Tennis director has approved the withdrawal of these participants
from the Tennis Camp program.
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 is hereby directed to
refund this payment to the individuals indicated.
DATE: July 3, 2006
____________________________
Richard G. Kraft, Mayor
ATTEST:
_____________________________
Maureen Massey, RMC, CMC
Borough Clerk
BOROUGH OF MENDHAM
MORRIS COUNTY, NEW JERSEY
RESOLUTION #128-06
WHEREAS, Susan R. Spies and Sally Grossberger have applied for a sewer
connection permit for a retail store in an existing structure located on property designated as Lot
41 in Block 1501, which is also known as 6 Hilltop Road. This structure was previously used for
retail purposes (Pia's Boutique) and is currently connected to the sewer collection system; and
WHEREAS, the use of this portion of existing structure as a retail store will not
result in an increase in the sewerage flow generated by the subject property; and
WHEREAS, the Borough Engineer, Paul Ferriero, P.E., has reviewed the
application and has recommended the approval of the connection; and
WHEREAS, based upon the information submitted by the applicant under date of
June 1. 2006, the application meets the requirements of Subsection 168-47B(1)(b) of the
Borough Code.
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, that the aforesaid
application be approved, subject to the following: compliance with Section 168-49 of the
Borough Code requiring water-saving fixtures; the flow not exceeding 61.2 gpd; and Planning
Board approval, if required.
This Resolution shall take effect immediately, but the approval hereby granted shall be
subject to revocation if the flow standard as projected is exceeded in actual use.
DATED: July 3, 2006
Richard G. Kraft, Mayor
ATTEST:
Maureen Massey, RMC, CMC
Borough Clerk
BOROUGH OF MENDHAM
MORRIS COUNTY, NEW JERSEY
RESOLUTION #129-06
WHEREAS, Manloy Associates has applied for a sewer connection
permit for an communications office in an existing structure located on property designated as
Lot 20 in Block 1902, which is also known as 7 Hilltop Road. This portion of the structure is
presently vacant, but is currently connected to the sewer collection system; and
WHEREAS, the use of this portion of the existing structure as a
communications office will not result in an increase in the sewerage flow generated by the
subject property; and
WHEREAS, the Borough Engineer, Paul Ferriero, P.E., has reviewed the
application, and has recommended the approval of the connection; and
WHEREAS, based upon the information submitted by the applicant under
date of May 31, 2006, the application meets the requirements of Subsection 168-47B(1)(b) of
the Borough Code.
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, that the aforesaid
application be approved, subject to the following: compliance with Section 168-49 of the
Borough Code, requiring water-saving fixtures; the flow not exceeding 40 gpd; and Planning
Board approval, if required.
This Resolution shall take effect immediately, but the approval hereby granted
shall be subject to revocation if the flow standard as projected is exceeded in actual use.
DATED: July 3, 2006
Richard G. Kraft, Mayor
ATTEST:
Maureen Massey, RMC, CMC
Borough Clerk
BOROUGH OF MENDHAM
MORRIS COUNTY, NEW JERSEY
ORDINANCE #12-06 REV.
AN ORDINANCE TO CREATE THE POSITION OF MUNICIPAL
HOUSING LIAISON FOR THE PURPOSE OF ADMINISTERING
THE BOROUGH OF MENDHAM'S AFFORDABLE HOUSING
PROGRAM PURSUANT TO THE FAIR HOUSING ACT.
WHEREAS, the Council on Affordable Housing requires that each certified municipality
appoint a specific municipal employee to serve as a Municipal Housing Liaison responsible for
administering its affordable housing program, including affordability controls and the Affirmative
Marketing Plan, and where applicable, supervising any contracting Administrative Agent.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Borough Council of the
Borough of Mendham in the County of Morris and State of New Jersey as follows:
SECTION 1. Chapter 215, Zoning, of the Code of the Borough of Mendham, is hereby
amended and supplemented by the addition of Article XVII, entitled "Municipal Housing Liaison,"
to read as follows:
"Article XVII. Municipal Housing Liaison.
§215-59. Purpose
The purpose of this article is to create the administrative mechanisms needed for the
execution of the Borough of Mendham's responsibility to assist in the provision of affordable
housing pursuant to the Fair Housing Act of 1985.
§215-60. Definitions.
As used in this article, the following terms shall have the meanings indicated:
MUNICIPAL HOUSING LIAISON The employee charged by the governing body with the
responsibility for oversight and administration of the affordable housing program for the Borough
of Mendham.
ADMINISTRATIVE AGENT The entity responsible for administering the affordability
controls of some or all units in the affordable housing program for the Borough of Mendham to
ensure that the restricted units under administration are affirmatively marketed and sold or
rented, as applicable, only to low- and moderate-income households.
§215-61.
Establishment of Municipal Housing Liaison position and compensation;
powers and duties.
A.
Establishment of position of Municipal Housing Liaison. There is hereby
established the position of Municipal Housing Liaison for the Borough of
Mendham.
B.
Subject to the approval of the Council on Affordable Housing (COAH), the
Municipal Housing Liaison shall be appointed by the Borough Council and may
be a full or part time municipal employee.
C.
The Municipal Housing Liaison shall be responsible for oversight and
administration of the affordable housing program for the Borough of Mendham
including the following responsibilities which may not be contracted out:
(1)
Serving as the Borough's primary point of contact for all inquiries from the
State, affordable housing providers, Administrative Agents, and interested
households;
(2)
Monitoring the status of all restricted units in the Borough's Fair Share
Plan;
(3)
Compiling, verifying, and submitting annual reporting as required by
COAH;
(4) Coordinating meetings with affordable housing providers and
Administrative Agents, as applicable;
(5)
Attending continuing education programs as may be required by COAH;
(6)
If applicable, serving as the Administrative Agent for some or all of the
restricted units in the Borough as described in F. below.
D.
Subject to approval by COAH, the Borough may contract with or authorize a
consultant, authority, government or any agency charged by the Borough
Council, which entity shall have the responsibility of administering the affordable
housing program of the Borough of Mendham. If the Borough contracts with
another entity to administer all or any part of the affordable housing program,
including the affordability controls and Affirmative Marketing Plan, the Municipal
Housing Liaison shall supervise the contracting Administrative Agent.
E.
Compensation. Compensation shall be fixed by the Borough Council at the time
of the appointment of the Municipal Housing Liaison.
F.
Administrative powers and duties assigned to the Municipal Housing Liaison.
(1) Affirmative
Marketing
(a)
Conducting an outreach process to insure affirmative marketing of
affordable housing units in accordance with the Affirmative
Marketing Plan of the Borough and the provisions of N.J.A.C.
5:80-26.15.
(2) Household
Certification
(a)
Soliciting, scheduling, conducting and following up on interviews
with interested households;
(b)
Conducting interviews and obtaining sufficient documentation of
gross income and assets upon which to base a determination of
income eligibility for a low- or moderate-income unit;
(c)
Providing written notification to each applicant as to the
determination of eligibility or non-eligibility;
(d)
Requiring that all certified applicants for restricted units execute a
certificate substantially in the form, as applicable, of either the
ownership or rental certificates set forth in Appendices J and K of
N.J.A.C. 5:80-26.1 et. seq.;
(e)
Creating and maintaining a referral list of eligible applicant
households living in the housing region and eligible applicant
households with members working in the housing region where
the units are located; and
(f)
Employing the random selection process as provided in the
Affirmative Marketing Plan of the Borough when referring
households for certification to affordable units.
(3)
Affordability Controls
(a)
Furnishing to attorneys or closing agents forms of deed
restrictions and mortgages for recording at the time of conveyance
of title of each restricted unit;
(b)
Creating and maintaining a file on each restricted unit for its
control period, including the recorded deed with restrictions,
recorded mortgage and note, as appropriate;
(c)
Ensuring that the removal of the deed restrictions and cancellation
of the mortgage note are effectuated and properly filed with the
appropriate county's register of deeds or county clerk's office after
the termination of the affordability controls for each restricted unit;
(d)
Communicating with lenders regarding foreclosures; and
(e)
Ensuring the issuance of Continuing Certificates of Occupancy or
certifications pursuant to N.J.A.C. 5:80-26.10.
(4)
Resale and rental
(a)
Instituting and maintaining an effective means of communicating
information between owners and the Administrative Agent
regarding the availability of restricted units for resale or rental; and
(b)
Instituting and maintaining an effective means of communicating
information to low- and moderate-income households regarding
the availability of restricted units for resale or re-rental.
(5)
Communicating with unit owners
(a)
Reviewing and approving requests from owners of restricted units
who wish to take out home equity loans or refinance during the
term of their ownership;
(b)
Reviewing and approving requests to increase sales prices from
owners of restricted units who wish to make capital improvements
to the units that would affect the selling price, such authorizations
to be limited to those improvements resulting in additional
bedrooms or bathrooms and the cost of central air conditioning
systems; and
(c)
Processing requests and making determinations on requests by
owners of restricted units for hardship waivers.
(6)
Enforcement
(a)
Ensure that all restricted units are identified as affordable within
the tax assessor's office and any municipal utility authority (MUA)
and upon notification to the Administrative Agent of change in
billing address, payment delinquency of two consecutive billing
cycles, transfer of title, or institution of a writ of foreclosure on all
affordable units, notifying all such owners that they must either
move back to their unit or sell it;
(b)
Securing from all developers and sponsors of restricted units, at
the earliest point of contact in the processing of the project or
development, written acknowledgement of the requirement that no
restricted unit can be offered, or in any other way committed, to
any person, other than a household duly certified to the unit by the
Administrative Agent;
(c)
The posting annually in all rental properties, including two-family
homes, of a notice as to the maximum permitted rent together with
the telephone number of the Administrative Agent where
complaints of excess rent can be made;
(d)
Sending annual mailings to all owners of affordable dwelling units,
reminding them of the notices and requirements outlined in
N.J.A.C. 5:80-26.18(d)4;
(e)
Establishing a program for diverting unlawful rent payments to the
municipality's affordable housing trust fund or other appropriate
municipal fund approved by the DCA;
(f)
Establishing a rent-to-equity program;
(g)
Creating and publishing a written operating manual, as approved
by COAH, setting forth procedures for administering such
affordability controls; and
(h)
Providing annual reports to COAH as required.
(7)
The Municipal Housing Liaison shall have authority to take all actions
necessary and appropriate to carry out its responsibilities hereunder.
SECTION 2. Severability.
If any section, subsection, paragraph, sentence or other part of this Ordinance is
adjudged unconstitutional or invalid, such judgment shall not affect or invalidate the remainder
of this Ordinance, but shall be confined in its effect to the section, subsection, paragraph,
sentence or other part of this Ordinance directly involved in the controversy in which said
judgment shall have been rendered and all other provisions of this Ordinance shall remain in full
force and effect.
SECTION 3. Inconsistent Ordinances Repealed.
All ordinances or parts of ordinances which are inconsistent with the provisions of this
ordinance are hereby repealed, but only to the extent of such inconsistencies.
SECTION 4. Codification. This ordinance may be renumbered for codification purposes.
SECTION 5. Effective Date.
This Ordinance shall take effect immediately upon final adoption and publication in the
manner prescribed by law.
BOROUGH OF MENDHAM
MORRIS COUNTY, NEW JERSEY
RESOLUTION #130-06
WHEREAS, the Borough of Mendham and the Township of Mendham desire to
enter into an Interlocal Services Agreement with respect to the operation of a local television
station known as "TV-25"; and
WHEREAS, only the funds actually donated to the Borough pursuant to cable
television franchises will be used 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 in regard to the operation of a local television station known as "TV-25".
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: July 3, 2006
Richard G. Kraft, Mayor
ATTEST:
Maureen Massey, RMC, CMC
Borough Clerk
INTERLOCAL SERVICES AGREEMENT
BETWEEN MENDHAM BOROUGH AND MENDHAM TOWNSHIP Rev. 6/2006
REGARDING MENDHAM TV-25
This Agreement made this day of , 2006, 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 operate a television
station for local programming known as Mendham TV-25 (hereinafter "the Station."); and
WHEREAS, the mission of the Station is to provide a forum for the municipalities
to inform, educate and entertain the Mendham community at-large.
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 Station shall be known as Mendham TV-25 and shall be located at
the Old Ralston Firehouse on Route 510 in Mendham Township.
2.
The Borough and the Township shall each pledge 100% of the Patriot
Media grant funds provided as a condition of their respective franchise agreements with Patriot
Media to support the capital equipment and other needs of the Station. In the event that funds
are received from a service provider other than, or in addition to, Patriot Media, then the funds
shall be utilized equally for the benefit of both municipalities in accordance with Paragraph 7
hereof and/or shall be divided equally in the event of a cessation of operations under Paragraph
12(e). The funds shall remain in a dedicated account in each municipality until needed for
expenditures upon request of the governing board. The Borough shall pledge $55,000 and the
Township shall pledge $50,000 upon execution of this Agreement. Any funds raised by
Mendham TV-25 through sponsorship or otherwise, shall be retained in a separate dedicated
account maintained by the Township and to be used for operation expenses. The Township
shall provide a monthly financial statement to the governing board with regard to all such funds.
3.
A governing board shall be established composed of six (6) persons;
three of whom shall be representatives from the Borough, consisting of the Borough
Administrator, a member of the Borough Council and a citizen of the Borough, both appointed
by the Borough Council and three of whom shall be representatives from the Township
consisting of the Township Administrator, a member of the Township Committee and a citizen of
the Township, both appointed by the Township Committee. The governing board shall have
the power to appoint one or more members of the public, from either or both municipalities, to
serve in an advisory capacity.
4.
The governing board shall establish by-laws for the operation of the
Station which shall be approved by the governing bodies of both municipalities. The governing
body shall be responsible for the day-to-day operating activities of the Station.
5.
In keeping with the mission of the Station as set forth above,
programming will highlight the achievements and activities of local community groups, student
and educational programs, local government information, programming and activities and
general interest programming created by and of interest to the residents of the community.
6.
Each municipality shall be entitled to equal programming in accordance
with a schedule to be developed by the governing board.
7.
The Station shall be self-sustaining, and shall not be funded by general
tax revenues. Revenues collected by and for Mendham TV-25 shall be maintained in a reserve
account dedicated to support the operation of the Station. The by-laws shall require that the
Station maintain an annual operating budget which tracks expenditures and revenues. Within
30 days of the end of each fiscal year, a financial statement shall be prepared and presented to
the respective governing bodies of the municipalities for review.
8.
Both municipalities agree to include the equipment on its inventory of
insured property for the full replacement value of the equipment. The proceeds of any insurance
recovery shall be equally shared between the Borough and the Township.
9.
The Station shall not broadcast material deemed inappropriate to its
mission as stated herein. Specifically prohibited are productions containing violent or sexually
explicit material, obscene language, political messages, or programming that is commercial in
nature for profit making enterprises. The policies established for "on-air" content shall be
enforced by the governing board.
10. 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 station and the
Equipment. 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
station and the Equipment by an employee or agent of the indemnifying municipality during the
term of this Agreement.
11.
This Agreement shall remain in effect until December 31, 2007, at which
time representatives of the Borough and Township shall review this Agreement and determine
whether it should be continued.
12.
In the event of the cessation of operations of Mendham TV-25, the
Governing Board shall take the following actions:
a)
Notify the Borough, the Township, and Patriot Media of the
effective date of cessation at least ninety (90) days prior to such date;
b)
Notify all regular suppliers of goods and services at least sixty (60)
days prior to such date;
(c)
Arrange for the payment of any debts and obligations of the
Station;
(d)
Perform an inventory of all Station assets, arrange for the sale of
the assets in accordance with law and deposit the proceeds in the dedicated
account.
(e)
Distribute any remaining proceeds from the dedicated account as
of the effective date to the Borough and the Township with the share of each
being equal to the proportionate share of the payments previously made by each
to the Station as of the effective date; and
(f)
Present an audit to the Borough and the Township showing the
disposition of all funds and assets of the Station.
Following completion of the foregoing steps, the Borough and the Township shall
each adopt resolutions formally terminating the operations of the Station and dissolving the
Governing Board.
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
Richard
Krieg,
Mayor
BOROUGH OF MENDHAM
MORRIS COUNTY, NEW JERSEY
RESOLUTION
#131-06
WHEREAS, N.J.S.A. 40A:5-4 requires the governing body of every local unit to
have made an annual audit of its books, accounts and financial transactions, and
WHEREAS, the Annual Report of Audit for the year 2005 has been filed by
a Registered Municipal Accountant with the Municipal Clerk as per the requirements of
N.J.S.A. 40A:5-6, and a copy has been received by each member of the governing body,
and
WHEREAS, R.S.52:27BB-34 authorizes the Local Finance Board of the State
of New Jersey to prescribe reports pertaining to the local fiscal affairs; and
WHEREAS, the Local Finance Board has promulgated N.J.A.C. 5:30-6.5, a
regulation requiring that the governing body of each municipality shall by resolution certify to
the Local Finance Board of the State of New Jersey that all members of the governing body
have reviewed, as a minimum, the sections of the annual audit entitled "Comments and
Recommendations"; and
WHEREAS, the members of the governing body have personally reviewed as
a minimum the Annual Report of Audit, and specifically the sections of the Annual Audit
entitled "Comments and Recommendations" as evidenced by the group affidavit form of the
governing body attached hereto; and
WHEREAS, such resolution of certification shall be adopted by the Governing
Body no later than forty-five days after the receipt of the annual audit, pursuant to N.J.A.C.
5:30-6.5; and
WHEREAS, all members of the governing body have received and have
familiarized themselves with, at least, the minimum requirements of the Local Finance
Board of the State of New Jersey, as stated aforesaid and have subscribed to the affidavit,
as provided by the Local Finance Board, and
WHEREAS, failure to comply with the promulgations of the Local Finance
Board of the State of New Jersey may subject the members of the local governing body to
the penalty provisions of R.S. 52:27BB-52, to wit:
R.S. 52:27BB-52: A local officer or member of a local governing body who, after a date
fixed for compliance, fails or refuses to obey an order of the director (Director of Local
Government Services), under the provisions of this Article, shall be guilty of a
misdemeanor and, upon conviction, may be fined not more than one thousand dollars
($l,000.00) or imprisoned for not more than one year, or both, in addition shall forfeit his
office.
NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Council of the
Borough of Mendham, hereby states that it has complied with N.J.A.C. 5:30-6.5 and does
hereby submit a certified copy of this resolution and the required affidavit to said Board to
show evidence of said compliance.
DATE: July 3, 2006
_______________________________
Richard
G.
Kraft,
Mayor
ATTEST:
___________________________________
Maureen Massey, RMC, CMC
Borough Clerk
GROUP AFFIDAVIT FORM
CERTIFICATION OF GOVERNING BODY
STATE OF NEW JERSEY
)
)
SS.
COUNTY OF MORRIS
)
We, members of the governing body of the Borough of Mendham, County of
Morris, being duly sworn according to law, upon our oath depose and say:
1. We are duly elected members of the Council of the Borough of Mendham, in the County
of Morris;
2. In the performance of our duties, and pursuant to N.J.A.C. 5:30-6.5, we have familiarized
ourselves with the contents of the Annual Municipal Audit filed with the Clerk pursuant to N.J.S.A.
40A:5-6 for the year 2005.
3. We certify that we have personally reviewed and are familiar with, as a minimum, the
sections of the Annual Report of Audit entitled "Comments and Recommendations."
_______________________________ (L.S.) ______________________________ (L.S.)
David H. Murphy, Councilman
Barbara Stanton, Councilwoman
_______________________________ (L.S.) ______________________________ (L.S.)
Louis S. Garubo, Councilman
Neil Henry, Jr., Council President
_______________________________ (L.S.) ______________________________ (L.S.)
Stanley Witczak, III, Councilman
Brad Badal, Councilman
_______________________________ (L.S.)
Richard G. Kraft, Mayor
___________________________
Maureen Massey, RMC, CMC
Borough Clerk
Sworn to and subscribed before
me this day of July, 2006.
__________________________
Notary Public
BOROUGH OF MENDHAM
MORRIS COUNTY, NEW JERSEY
RESOLUTION # 132-06
BE IT RESOLVED by the Mayor and Council of the Borough of Mendham, County of
Morris, and State of New Jersey, that the following appointment is made as follows:
ADMINISTRATION
SALARY
Part-Time/Office Help
$15.00/Hr.
Susan Rossi
This appointment is made with the understanding that there is a one-year probationary period
from the effective date of employment of July 5, 2006.
This Resolution shall take effect immediately.
DATED: July 3, 2006
Richard G. Kraft, Mayor
ATTEST:
Maureen Massey, RMC, CMC
Borough Clerk
BOROUGH OF MENDHAM
MORRIS
COUNTY,
NEW
JERSEY
RESOLUTION #133-06
WHEREAS, there exists a need for editing services in connection with the
Mendham Borough Master Plan; and
WHEREAS, the maximum amount of this contract is not to exceed $3,000; and
WHEREAS, the Chief Financial Officer has certified to the availability of funds.
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 authorize execution by the
Mayor and Borough Clerk of the attached agreement with Cara E. Kober.
2.
A Notice of this action shall be printed once in the Observer Tribune
according to law.
DATED: July 3, 2006
Richard
G.
Kraft,
Mayor
ATTEST:
Maureen Massey, RMC, CMC
Borough Clerk
AGREEMENT
THIS
AGREEMENT, made this day of , 2006, 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:
CARA E. KOBER, residing at 136 The Fellsway, New Providence,
New Jersey 07974,
(Hereinafter,
"Editor")
W I T N E S S E T H :
WHEREAS, the Borough of Mendham wishes to retain the services of an Editor
to edit the Mendham Borough Master Plan; and
WHEREAS, N.J.S.A. 40A:11-1, et seq. requires that all contracts be in writing;
and
WHEREAS, the Borough has agreed to retain Cara E. Kober 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 Borough agrees to retain Cara E. Kober to edit the Mendham
Borough Master Plan as outlined in her proposal dated June 23, 2006, attached hereto as
Exhibit "A".
2.
The Editor shall be compensated in accordance with the fees established
in the attached proposal. Payment shall be made to the Editor upon submission of vouchers to
be provided by the Borough. The Editor 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 $3,000, unless the Borough Council, by
Resolution, specifically authorizes such additional compensation.
3.
The Editor shall also be entitled to reimbursement for all disbursements
made on behalf of the Borough.
4.
The Editor 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 caused by the negligent acts, errors or omissions of the Editor
or its subcontractors or the officers, agents or employees of either while engaged in the
performance of this Agreement.
The Editor specifically agrees that this obligation to indemnify and hold the
Borough harmless shall include the responsibility to reimburse the Borough for any and all
reasonable costs, expenses, fees (including legal fees in defense of any claim), and all
damages of every kind and description which arise out of the Editor'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 Schedule "B", 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 Editor 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.
10.
The Editor shall provide a New Jersey Business Registration Certificate to
the Borough.
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:
Cara E. Kober
BOROUGH OF MENDHAM
MORRIS COUNTY, NEW JERSEY
RESOLUTION #134-06
RESOLUTION OF THE BOROUGH COUNCIL OF THE BOROUGH OF MENDHAM,
IN THE COUNTY OF MORRIS, NEW JERSEY, AUTHORIZING SUBMISSION OF
APPLICATION FOR THE MENDHAM MUNICIPAL ALLIANCE
WHEREAS, the Borough of Mendham, in the County of Morris, New Jersey, recognizes
that the abuse of alcohol and drugs is a serious problem in our society amongst persons of all
ages; and
WHEREAS, the Mayor and Borough Council further recognizes that it is incumbent upon
not only public officials but upon the entire community to take action to prevent such abuses in
our community; and
WHEREAS, the Mayor and Borough Council through a joint application with Mendham
Township have applied for funding to the Governor's Council on Alcoholism and Drug Abuse
through the County of Morris.
NOW, THEREFORE, BE IT RESOLVED that the Mayor and Borough Council of the
Borough of Mendham, in the County of Morris, New Jersey, recognizes the following:
1. The Borough Council does hereby authorize and ratify the execution by the Mayor of
Mendham Borough a joint application with the Township of Mendham for the
Mendham Municipal Alliance grant for calendar year 2007 in the amount of $9,549.
2. The Township Committee acknowledges the terms and conditions for administering
the Municipal Alliance grant, including the administrative compliance and audit
requirements.
Adopted: July 3, 2006
Attest:
__________________________ By______________________________
Maureen Massey, RMC, CMC Richard G. Kraft, Mayor
Borough Clerk
FYI: This grant has been applied for by Mendham Borough/Mendham Township for many
years.
(Mendham Borough's Contribution is $1,500/a yr. This contribution has its own line item
and is taken out of the A&E budget.)
BOROUGH OF MENDHAM
MORRIS COUNTY, NEW JERSEY
RESOLUTION #135-06
WHEREAS, N.J.S. 40A:4-87 provides that the Director of the Division of Local
Government Services may approve the insertion of any special item of revenue in the budget of
any county or municipality when such item shall have been made available by law and the
amount was not determined at the time of the adoption of the budget; and
WHEREAS, the Director may also approve the insertion of an item of
appropriation for equal amount;
NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Borough Council of
the Borough of Mendham, County of Morris, New Jersey, hereby requests the Director of the
Division of Local Government Services to approve the insertion of an item of revenue in the
budget of the year 2006 in the sum of $4,915.08, which is now available as a revenue from the
Mendham Borough Police PBA Local 384 Inc.
BE IT FURTHER RESOLVED, that the like sum of $4,915.08 is hereby
appropriated under the caption "Operations-Excluded from "CAPS" Public and Private
Programs Offset by Revenues Mendham Borough Police PBA Local 384 Inc. Donation"; and
BE IT FURTHER RESOLVED, that the Borough Clerk forward two copies of this
resolution to the Director of Local Government Services.
DATED: July 3, 2006
__________________________________
Richard
G.
Kraft,
Mayor
ATTEST:
_______________________________
Maureen Massey, RMC, CMC
Borough Clerk
BOROUGH OF MENDHAM
MORRIS COUNTY, NEW JERSEY
RESOLUTION #136-06
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 (Land Acquisition) and Litigation which
matter is 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.
Council may or may not take action after returning to
open session.
DATE: July 3, 2006
________________________________
Richard G. Kraft, Mayor
ATTEST:
____________________________________
Maureen Massey, RMC, CMC
Borough Clerk
BOROUGH OF MENDHAM
MORRIS COUNTY, NEW JERSEY
RESOLUTION #138-06
WHEREAS, N.J.S.A. 54:4-66.3 requires that the Third Quarter tax bills be mailed by
June 14 of each year; and
WHEREAS, the State of New Jersey has advised that, due to circumstances
surrounding the adoption of the State's budget, the Statement of State Aid amounts might not
be released until after June 30, 2006; and
WHEREAS, the West Morris Regional High School District advises that the Board of
Education will consider a resolution approving its 2006-07 budget at its regular meeting on July
10, 2006; and
WHEREAS, these amounts are necessary to strike the 2006 tax rate and print the tax
bills; and
WHEREAS, N.J.S.A. 54:4-66.3 provides that the current year's taxes shall not be
subject to interest until the twenty-fifth day after the tax bills for the third installment are mailed.
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 Third Quarter 2006 taxes due to
the Borough of Mendham shall not be subject to interest and penalties until the twenty-fifth day
after the tax bills for the third installment are mailed.
DATE: July 3, 2006
________________________________
Richard G. Kraft, Mayor
ATTEST:
____________________________________
Maureen Massey, RMC, CMC
Borough Clerk
Dear Maureen,
Attached is a draft resolution to extend the interest-free grace period for
third quarter taxes because of delays in getting the information needed to
strike the tax rate. Morris County Tax Board is unable to strike our tax
rate without the following information:
State Aid to municipalities can only be determined after the State approves
it's budget. Budget deliberations have been interrupted by flooding that
closed the State House yesterday and today, We just received information that
West Morris Regional High School Board of Education will approve its budget
on July 10.
The earliest date we can hope to have a tax rate is July 11. There are 20
steps to go from tax rate to mailing bills; if all goes well, the bills will
be mailed by July 26.
Statutes require that the interest-free grace period be extended if the bills
are mailed after June 14. Therefore I'm requesting that the Council approve
a resolution to extend the third quarter interest-free grace period,
resolution is attached.
I apologize for the lateness of this resolution but the Board of Ed's
advisory was sent June 29. Thank you for your consideration, as always.
Rosalie
TO:
Mayor and Council
FROM: Ralph E. Blakeslee, Administrator
DATE:
June 30, 2006
SUBJECT: Administrator's
Report
Please remember that I will be on vacation and out of the state from
Friday, July 14th returning on Monday July 24th.
Item #1 Discussion Items:
There are no discussion items on Monday night's agenda.
Item #2 Action Items:
Consent Agenda. Minutes, banner requests and other routine items are
on the consent agenda.
Ordinances and Other Action to Be Taken. Here is the run down on
Monday's action items:
· Ordinance #12-06, which is scheduled for introduction, is being
required by COAH as part of the Borough's third round
certification process. The ordinance will create the position of
Affordable Housing Officer.
· Resolution #130-06 is the Inter-local Agreement with Mendham
Township regarding Mendham TV-25.
· Resolution #131-06 approves and adopts the annual audit for 2005.
Please remember that all members of the governing body must sign
the affidavit even if you are not in attendance Monday night.
· Resolution #132-06 appoints Susan Rossi as part time office
help
· Resolution #133-06 authorizes an agreement with Cara E. Kober to
edit the draft Master Plan
· Resolution #134-06 authorizes the annual Alliance for the Drug
Free Mendhams grant application
· Resolution #135-06 authorizes a special item of revenue in the
amount of $4,915.08 to be added to the budget. This represents a
donation from the PBA to the Borough for the purposes of
purchasing off duty weapons for department members.
Item #3 Raritan Highlands Compact Meeting:
The bulk of the meeting was taken up by a presentation by Jeff LeJava,
Esq., counsel to the Highlands Council, who released the preliminary
technical information for the regional master plan. A copy of the plan
can be found at:
http://www.highlands.state.nj.us/njhighlands/june_2006_release.html
During the meeting there was discussion regarding the Highlands
Council's desire to have municipalities in the Planning Area, such as
Mendham Borough, conform or "opt-in" to Highlands land use standards.
As you may be aware, this is mandatory for municipalities in the
Preservation areas. The rationale behind having Planning Area
municipalities participate is that, according to the Highlands
Council, it will provide a legal shield from developers. Conformance
or "opt-in" consists of updating the municipalities Master Plan,
Zoning and Land Use ordinances. This may be an issue that the
Borough's land use boards may want to review.
Another discussion took place regarding municipal stormwater
mitigation plans. A municipal mitigation plan is an optional element
of a Municipal Stormwater Management Plan. It is required for a
municipality to grant a variance or exemption to the design and
performance standards for stormwater runoff quality, quantity and
recharge under the new Stormwater Management rules. Essentially a
mitigation plan would allow a developer who could not adequately
handle stormwater generated on the development site to contribute to,
either monetarily or through construction, a stormwater mitigation
project off site. I will be reviewing this with the Borough Engineer
for further consideration.
The next Raritan Highlands Compact meeting will be held at Mendham
Township on September 28th.
Item #4 Senior Staff Meeting:
The Senior Staff meeting scheduled for June 28th has been moved to July
5th at 10:30 AM in the Phoenix House.
Item #5 Public Works
Committee Meeting The Public Works & Utilities Committee met on
Wednesday, June 28th. Some of the following items were discussed:
· Ward-Sands Parking Lot Based on the governing body's
recommendation at the last meeting, the Borough Engineer will
prepare specifications for lot improvements which should be
complete by the end of August. Discussion of handicap parking
locations took place with two locations agreed upon: at the top
and the bottom by the park entrance. It was noted that the
Planning Board should be advised of the project as required by
the Municipal Land Use Law.
· 2006 Sidewalk Project - Bids to be received at 10:00 AM on July
19th. Roads to include Cold Hill Road, Forest Drive, West Main
(portions), Highfield Circle, Brookfield Way, Coventry Road,
Sutton Court, Demarest Drive.
· DPW Brush Depot Construction The DPW Superintendent has
received two quotes for brush containers. Waste Management at
$610 per 30 yard roll off, Grinnell at $575 per 40 yard roll off.
It was the committee's recommendation to award a contract to
Grinnell, noting a maximum of 35 containers at a cost not to
exceed $ 20,125. The Administrator will have a resolution ready
for the July 17th meeting.
· Library Parking Lot Connection to the funeral home parking lot
is pending a survey and review of grades by the Borough Engineer.
· Lowery Lane Project Base maps are done. Specifications will be
ready by the end of July with a receive date for bids of mid
August.
· DPW Emergency Generator Installation It was suggested that the
design and construction oversight contract with Holtaway
Electrical Engineers be amended to include an upgrade to the
electrical system at the garage. The Borough Engineer would
coordinate it with Holtaway's office.
· Updates on several wastewater projects will be forthcoming after
the Plant Superintendent returns from vacation.
· WRF Storage Barn Project There was some difficulty finding a
suitable location for the barn. After some discussion it was
decided to find an architect to assist with the bid
specifications. The Borough Engineer's office has a
recommendation to consider and will forward it to the
Administrator.
· Sewer Vacuum Truck The committee recommends, based on the
information from the Public Works and WRF Superintendents, to
purchase through bidding rather then off of state contract.
Specifications will be forwarded to the Administrator's office
shortly.
· Several sewer connection applications were discussed.
· Mason Dump Truck bids will be advertised on July 27, opened on
August 9th.
· Trailers will be ordered on June 30th
· Discussion took place regarding curbside recycling of leaves. It
was noted that any project would need to be bid, and that the
contractor should have the appropriate NJDEP licensing. To be
discussed further.
· Next Meeting July 26th at 9:30 AM in the Phoenix House
Item #6 Smart Future Grant-Historic Business Parking Study:
A tentative kick off meeting has been scheduled for Wednesday, July
26th at 9:00 AM with Mr. Ferriero, Councilman Murphy, Ms. Dolan and
myself.
Item #7 Personnel.
Committee Meeting. The committee met on Thursday, June 29th to
interview special counsel candidates.
Personnel Policy Update. Tom has completed the work on the Personnel
Policy update, and it has been sent to the Borough's personnel
attorney for review. He is now working on updating various job
descriptions and formatting a personnel performance evaluation matrix.
Part Time Office Assistance.
As noted under action items we will be adding a new part time office
worker to the Phoenix House. After some discussion with Maureen and
Sue, I decided to create a work space in the hallway of the first
floor directly adjacent to the first parlor door. I have authorized a
computer network drop be added to that location as well as a phone
jack. I have also asked our IT vendor to select one of the old PC's
to be placed at that location.
Item #8 Public Safety.
The committee will be holding its first PBA contract negotiation
meeting on Wednesday, July 5th.
Item #9 High School Construction.
The high school has requested of the Zoning Officer permission to
place and use two temporary classroom trailers until the new addition
is finished. The trailers, which will be used for special education
classes, are scheduled to be installed in July. I will have a
location sketch available Monday night for review. Apart from
electrical permits and access staircase construction permits Geoff
does not believe the Borough has any other official review process.
Item #10 Technology Upgrades:
I will be ordering the new PC's for the construction code office next
week. Once the new computers are installed I will ask Emily Wood to
coordinate the installation of the new software. Also slated for
replacement is Jeanne Pugsley's PC. Another project that I will be
working on is reviewing the possible replacement of the laptop used
for meeting recordings. I had some discussions with Maureen and Diana
last year regarding several options.
Have a pleasant weekend.
REB/jp
Cc: Phoenix House
Paul W. Ferriero, Borough Engineer
Bowers Building
Geoffrey B. Price, Zoning Officer
Department of Public Works
John Jansen, Esq.
Water Reclamation Facility
Police Department
Fire
Department
First
Aid
Squad