August 7, 2006
REGULAR MEETING OF THE MAYOR AND COUNCIL
Agenda
1. Call To Order
2. Invocation and Flag Salute
3. Mayor's Opening Statement
Notice of this meeting of the Mayor and Council of the Borough of Mendham was
published in the Observer Tribune and the Morris County Daily Record, and was
posted on the Phoenix House bulletin board on January 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 July 3, 2006 executive session meeting
Approval of the minutes of the July 3, 2006 regular meeting.
Approval of the minutes of the July 17, 2006 regular meeting.
Res. #148-06 Sewer Connect Permit-Lot 5 in Block 601
Res. #149-06 Sewer Connect Permit-Lot 14 in Block 1903
Request for Road Closure-9/9/06-Garabrant Street
Request for Road Closure-9/3/06-Sterling Avenue
Appointment-Drew Gizzi-Jr. Member-Mendham Borough Fire Dept.
Raffle Application-Assumption College for Sisters-11/26/06-
Off-Premise Cash 50/50 Raffle
Res. #151-06 Sewer Connect Permit-Lot 41, B1501
Request for Road Closure-9/10/06-Prospect St.-Hilltop Road
6. Discussion Items:
V-Fee Realty Investments, LLC-Refund Application Fee
7. Ordinance Introduction:
ORDINANCE #13-06 AN ORDINANCE OF THE BOROUGH OF
MENDHAM, COUNTY OF MORRIS, AND STATE OF
NEW JERSEY TO AMEND CHAPTER 102, FEES, OF
THE CODE OF THE BOROUGH OF MENDHAM WITH
REGARD TO SEWER RATES
8. Ordinance Public Hearing/Adoption:
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.
9. Actions To Be Taken:
Res. #150-06 Tax Appeal Adjustments
Res. #152-06 PSA Neil Rubenstein/Realty Appraisal Co.
Res. #153-06 Release Cash Bond-Fenix Investment & Development, Inc.
Res. #154-06 COAH- Municipal Housing Liaison
Res. #155-06 Award Bid 2006 Sidewalk Reconstruction Program
Res. #156-06 Return Escrow Fee Deposit-V-Fee Realty Investments, LLC
Res. #157-06 Settlement Tax Appeal-B2401/L31.04
Res. #158-06 Fireworks Display-Pastime Club
Res. #159-06 Purchase Ford Pickup Truck
Res. #160-06 Sale of 1963 Generator
Res. #161-06 Appoint Part Time Deputy Fire Inspector
Res. #162-06 PSA Charles Schaffer Assoc.-Pole Barn WRF
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. #163-06-Potential Litigation
17. 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 #148-06
WHEREAS, Mendham Preschool, Inc. t/a Grassroots Preschool has applied for a sewer
connection permit to allow for the continued occupancy of a preschool in an existing structure
located on property designated as Lot 5 in Block 601, which is also known as Mendham United
Methodist Church, 10 East Main Street. This structure was previously used as a preschool and
is currently connected to the sewer collection system; and
WHEREAS, the continued occupancy of the existing structure as a preschool 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 14, 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 compliance with Section 168-49 of the Borough Code and Planning Board
approval, if required.
This Resolution shall take effect immediately.
DATED: August 7, 2006
Richard G. Kraft, Mayor
ATTEST:
Maureen Massey, RMC, CMC
Borough Clerk
BOROUGH OF MENDHAM
MORRIS COUNTY, NEW JERSEY
RESOLUTION #149-06
WHEREAS, Brad Keating has made application for a sewer connection permit
for the improvement of an existing structure to construct an addition to the residential structure
located on property designated as Lot 14 in Block 1903, which is also known as 7 New Street.
This structure is presently used as a single family home and is currently connected to the sewer
collection system; and
WHEREAS, the improvements to the structure will not result in a change in the
projected sewage flow; and
WHEREAS, the Borough Engineer, Paul Ferriero, P.E., has reviewed the
application, and has noted that it complies with Section 168-47 of the Code of the Borough; and
WHEREAS, based upon the information submitted by the applicant under date of
June 30, 2006, the application meets the requirements of Subsection 168-47 (B)(2) 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 and Board of Adjustment approval, if required.
This Resolution shall take effect immediately.
DATED: August 7, 2006
Richard G. Kraft, Mayor
ATTEST:
Maureen Massey, RMC, CMC
Borough Clerk
BOROUGH OF MENDHAM
MORRIS COUNTY, NEW JERSEY
RESOLUTION #151-06
WHEREAS, Nails of Mendham has applied for a sewer connection permit to allow for
the change of ownership of a nail salon 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 nail salon purposes and is currently connected to the sewer collection system; and
WHEREAS, the continued use of the existing structure as a nail salon will not result in
an increase in the sewerage flow generated by the subject property; and
WHEREAS, the Borough Council had previously approved a sewer connection permit
for this property by the adoption of Resolution # 37 -02 on February 19, 2002, which provided
for a limit of flow of 107 gpd which should have been 117gpd; and
WHEREAS, the Borough Engineer, Paul Ferriero, P.E., has reviewed the application,
and, by letter dated June 6, 2006, has recommended the approval of the connection for a flow
not to exceed 117 gpd subject to certain conditions; and
WHEREAS, based upon the information submitted by the applicant, 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:
1.
The applicant must comply with Section 168-49 of the Borough Code
requiring replacement of all existing fixtures with water-saving fixtures.
2.
The flow shall not exceed 117 gpd;
3.
A separate water meter shall be installed for the space to be occupied.
4.
Water use data must be submitted by the 15th of each month to the
Borough Engineer. Failure to submit the reports may result in revocation
of the sewer connection permit.
5.
If the water use exceeds the permitted flow, the applicant must present a
mitigation plan within 30 days to reduce the water demand. If the plan is
not submitted and/or the flow is not reduced, the sewer connection permit
shall be revoked.
This Resolution shall take effect immediately.
DATED:
August 7, 2006
Richard
G.
Kraft,
Mayor
ATTEST:
Maureen Massey, RMC, CMC
Borough Clerk
BOROUGH OF MENDHAM
MORRIS COUNTY, NEW JERSEY
ORDINANCE #13- 06
AN ORDINANCE OF THE BOROUGH OF MENDHAM, COUNTY
OF MORRIS, AND STATE OF NEW JERSEY TO AMEND
CHAPTER 102, FEES, OF THE CODE OF THE BOROUGH OF
MENDHAM WITH REGARD TO SEWER RATES
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 102, Fees, Section 102-1, Schedule of fees, Chapter 168,
Sewers, of the Code of the Borough of Mendham is hereby amended to read as follows:
"Chapter/Section
Service Fee
§168-47F
Application to connect to the existing
$150
sanitary sewer system
§168-50
Annual service charge, for each user in such
$622
building and for each residential basic service
unit computed with respect to such building
§168-51
Water charges for residential users (in addition
$15.50 per quarter per
to
minimum
annual
rate)
1,000
cubic
feet
of
water
used
by
a
user
or
basic
service unit in excess of
2,500
cubic
feet
during
the
last quarter of the previous
water bil ing year
§168-52
Water charge for commercial and
$27.50 per quarter per
industrial users (in addition to minimum
1,000 cubic feet of water
annual
rate)
used
by
such
user
in
excess
of 2,500 cubic feet per quarter
§168-54
System-connection charges (in addition
to
annual
service
charge)
Single-family
residences
$2,500
Stores
or
commercial
users
$3,500
Multiple-family
structures
$2,500
§168-55
Annual use rate for users not serviced by
$665.50
Borough
system
§168-61
Inspection of sanitary sewer connection
$50.00
Re-inspection of sanitary sewer connection
$75.00"
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 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 4 . This Ordinance shall take effect immediately upon final passage,
approval, and publication as required by law.
SECTION 5. This Ordinance may be renumbered for codification purposes.
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.
Introduced: July 3, 2006
Adopted: August 7, 2006
BOROUGH OF MENDHAM
COUNTY OF MORRIS
ATTEST:
STATE
OF
NEW
JERSEY
____
By:
Maureen Massey, RMC, CMC
Richard G. Kraft, Mayor
Borough Clerk
BOROUGH OF MENDHAM
MORRIS COUNTY, NEW JERSEY
RESOLUTION #150-06
WHEREAS, tax appeals were filed with the Morris County Board of Taxation for Tax
Year 2006; and
WHEREAS, the Morris County Board of Taxation issued judgments decreasing the
assessed values of the properties for 2006, as listed below; and
WHEREAS, the decreases represent adjustments to the 2006 tax accounts as follows:
ASSESSMENT
TAX
BLOCK LOT PROPERTY
LOCATION
DECREASE
DECREASE
101 15 230
Mountainside
Road
264,000
3,405.60
201
12
4 Farmhouse Lane
50,000
645.00
403
15
43 Maple Avenue
85,400
1,101.66
403
19
51 Maple Avenue
39,000
503.10
702
14.01
99 Dean Road
36,100
465.69
703
11
27 Orchard Street
44,400
572.76
704 1.01 1A
Sterling
Avenue
14,700
189.63
801
9
20 Cold Hill Road
79,600
1,026.84
802 4 66
East
Main
Street
31,200
402.48
802 5 6
Dean
Road
92,800
1,197.12
803 7 28
Dean
Road
69,100
891.39
803 15 54
Dean
70,600
910.74
804
2
58 Cold Hill Road
85,300
1,100.37
903 4 9
Knollwood
Drive
14,000
180.60
903
13
51 Dean Road
55,000
709.50
1101 7 34
Hampshire
2,700
34.83
1401 18 21
Brookfield
Way
102,500
1,322.25
1401 26 80
Talmage
Road
56,000
722.40
1401 58 164
Talmage
Road
118,500
1,528.65
1402
14
8 Sutton Court
50,000
645.00
1601 8 224
Talmage
Road
92,100
1,188.09
1801
10
7 Linden Lane
58,400
753.36
1801
23
11 Heather Hill Way
138,700
1,789.23
2001 1 178
Hilltop
Road
258,500
3,334.65
2001
12
7 Talmage Road
26,300
339.27
2001 13.03 15
Talmage
Road
37,300
481.17
2201 7 291
Hilltop
Road
174,000
2,244.60
2201
16
37 Pleasant Valley Road
152,600
1,968.54
2401
6
18 Horseshoe Bend Rd
400,000
5,160.00
2401
13.01
135 Hardscrabble Road
74,000
954.60
2401
29
50 Spring Hill Road
467,100
6,025.59
2501 4 100
Bliss
Road
125,200
1,615.08
2501 5.02 425
Bernardsville
Road
140,700
1,815.03
2501 5.06 14
Bliss
Road
295,600
3,813.24
2601 2.08 31
Balbrook
Drive
260,100
3,355.29
2601 2.11 14
Balbrook
Drive
382,200
4,930.38
2701 5/C002A 5
Cold
Hill
Road
49,200
634.68
2701 5/C003A 5
Cold
Hill
Road
49,200
634.68
2701 5/C004B 5
Cold
Hill
Road
50,400
650.16
2701 5/C005B 5
Cold
Hill
Road
50,400
650.16
2701 5/C007B 5
Cold
Hill
Road
50,400
650.16
2701 5/C008B 5
Cold
Hill
Road
50,400
650.16
2701 5/C009B 5
Cold
Hill
Road
50,400
650.16
2701 5/C010C 5
Cold
Hill
Road
50,400
650.16
2701 5/C011C 5
Cold
Hill
Road
53,200
686.28
2701 5/C012C 5
Cold
Hill
Road
50,400
650.16
2701 5/C013C 5
Cold
Hill
Road
50,400
650.16
2701 5/C016E 5
Cold
Hill
Road
53,200
686.28
2701 5/C017E 5
Cold
Hill
Road
33,600
433.44
2701 5/C018E 5
Cold
Hill
Road
51,800
668.22
2701 5/C019F 5 Cold Hill Road
50,400
650.16
2701 5/C020F 5 Cold Hill Road
57,400
740.46
2701 5/C021G 5 Cold Hill Road
50,400
650.16
2701 5/C023G 5 Cold Hill Road
50,400
650.16
2701 5/C024H 5
Cold
Hill
Road
50,400
650.16
2701 5/C025H 5
Cold
Hill
Road
50,800
655.32
2701 5/C026J 5 Cold Hill Road
50,600
652.74
2701 5/C027J 5 Cold Hill Road
54,200
699.18
2701 5/C028J 5 Cold Hill Road
54,200
699.18
2701 5/C029J 5 Cold Hill Road
50,600
652.74
TOTAL
5,656,500 72,968.85
RATE
0.0129
TAX LEVY
DECREASE
72,968.85
and
WHEREAS, the decreases represent a decrease to the 2006 Total Tax Levy in the
amount of $72,968.85.
NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Borough of
Mendham, County of Morris, and State of New Jersey, acknowledge that the individual tax
accounts will be decreased as stated above and the total tax levy for 2006 will be decreased by
$72,968.85.
I hereby certify that the amounts are correct.
___________________________________
Rosalie E. Lauerman, Tax Collector
DATED: August 7, 2006
Richard
G.
Kraft,
Mayor
ATTEST:
Maureen Massey, RMC, CMC
Borough Clerk
BOROUGH OF MENDHAM
MORRIS COUNTY, NEW JERSEY
RESOLUTION #152-06
WHEREAS, the Borough wishes to retain the services of Neil Rubenstein of
Realty Appraisal Co. to provide appraisal services in connection with tax appeals filed for the
2006 tax year; and
WHEREAS, the maximum amount of this contract is not to exceed $6,000; and
WHEREAS, the Chief Financial Officer has certified to the availability of funds;
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 Mayor and Borough Council hereby authorize execution by the
Mayor and Borough Clerk of the attached agreement with Neil Rubenstein of Realty Appraisal
Co.
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
according to law.
DATED: August 7, 2006
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:
Neil
Rubenstein
Realty
Appraisal
Co.
Services:
Professional
appraisal
services
Cost:
$6,000
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:
NEIL RUBENSTEIN, REALTY APPRAISAL CO., with offices
located at 4912 Bergenline Avenue, West New York, New Jersey
07093
(Hereinafter,
"Appraiser")
W I T N E S S E T H :
WHEREAS, the Borough wishes to retain the services of an Appraiser to provide
appraisal services in connection with tax appeals filed for the 2006 tax year; 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 Neil Rubenstein of Realty Appraisal Co. 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 the Appraiser to provide appraisal services in
connection with tax appeals filed for the 2006 tax year.
2.
The Appraiser shall be compensated at an hourly rate of $100/hour. Payment
shall be made to the Appraiser upon submission of vouchers to be provided by the Borough.
There shall be no retainer. The Appraiser 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 $6,000 unless the Municipal Council, by
Resolution, specifically authorizes such additional compensation.
3.
The Appraiser shall also be entitled to reimbursement for all disbursements made
on behalf of the Borough.
4.
The Appraiser shall furnish the Borough with a Certificate of Insurance which
shall clearly show that policies with the following limits of liability will be in effect for the duration
of this agreement:
Professional Liability:
$1,000,000 per occurrence
General Liability:
$1,000,000 per occurrence, combined single limit
for bodily injury and property damage.
Automobile:
$1,000,000 per occurrence, combined single limit
for bodily injury and property damage.
Worker's Compensation:
Statutory coverage
Umbrella: $2,000,000
The Certificate of Insurance must clearly indicate that the Borough has been named as
an additional insured on all of the Appraiser's general liability policies and shall contain a 30-day
prior notice of cancellation to the Borough.
5.
The Appraiser 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 Appraiser or its subcontractors or the officers, agents or employees of
either while engaged in the performance of this Agreement.
The Appraiser 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 Appraiser's negligent acts, errors or
omissions relative to the performance of this Agreement.
6.
During the term of this agreement, the parties hereto agree to comply with the
Affirmative Action requirements set forth in N.J.A.C. 17:27, and hereby incorporate by reference
the mandatory Affirmative Action language set forth in Exhibit "A" which is attached hereto and
made a part hereof.
7.
Upon breach of this Agreement, the other party shall have the right to terminate
the Agreement by written notice sent by certified mail to the address set out in this Agreement.
In the event of such termination, the Borough shall be entitled to all finished and unfinished
data, maps, reports, and plans covered by or related to this Agreement upon payment by the
Borough to the Appraiser for services performed up to the termination date. Failure of either
party to terminate upon occurrence of any breach shall not constitute a waiver of any provision
of this Agreement.
8.
The term of this agreement shall be for one year unless sooner terminated by
either party upon 90 days' prior written notice.
9.
This Agreement is not assignable by either party.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day
and year first above written.
ATTEST:
BOROUGH
OF
MENDHAM
By:
Maureen Massey, Clerk
Richard G. Kraft, Mayor
ATTEST:
REALTY
APPRAISAL
CO.
By:
Neil Rubenstein
EXHIBIT "A"
P.L. 1975, C. 127 (N.J.A.C. 17:27)
MANDATORY AFFIRMATIVE ACTION LANGUAGE
PROCUREMENT, PROFESSIONAL AND SERVICE CONTRACTS
During the performance of this contract, Appraiser agrees as follows:
Appraiser 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, Appraiser 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. Appraiser 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.
Appraiser will, in all solicitations or advertisements for employees placed by or on behalf
of Appraiser, 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.
Appraiser 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
Appraiser's commitments under this act and shall post copies of the notice in conspicuous
places available to employees and applicants for employment.
Appraiser agrees to comply with the regulations promulgated by the Treasurer pursuant
to P.L. 1975, c. 127, as amended and supplemented from time to time.
Appraiser agrees to attempt in good faith to employ minority and female workers
consistent with the applicable county employment goals prescribed by N.J.A.C. 17:27-5.2
promulgated by the Treasurer pursuant to P.L. 1975, c. 127, as amended and supplemented
from time to time or in accordance with a binding determination of the applicable county
employment goals determined by the Affirmative Action Office pursuant to N.J.A.C. 17:27-5.2
promulgated by the Treasurer pursuant to P.L. 1975, c. 127, as amended and supplemented
from time to time.
Appraiser agrees to inform in writing appropriate recruitment agencies in the area,
including 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.
Appraiser 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.
Appraiser 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, and conform with the
applicable employment goals, consistent with the statutes and court decisions of the State of
New Jersey, and applicable Federal law and applicable Federal court decisions.
Appraiser shall furnish such reports or other documents to the Affirmative Action Office
as may be requested by the office 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
Affirmative Action Office for conducting a compliance investigation pursuant to Subchapter 10 of
the Administrative Code (NJAC 17:27).
BOROUGH O1F MENDHAM
MORRIS COUNTY, NEW JERSEY
RESOLUTION #153-06
WHEREAS, a cash bond in the amount of $5,000.00 was posted by Fenix Investment &
Development, Inc. to guarantee the completion of required site work on property located at 88A
West Main Street and further identified as Block 1801/Lot 16.01; and
WHEREAS, by letter dated July 17, 2006, William C. Tanner, P.E., states that Van Cleef
Engineering Associates did perform a final inspection and now recommends the release of this
cash bond.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of
Mendham that the Borough Treasurer is hereby authorized and directed to release the cash
bond in the amount of $5,000.00, together with accrued interest, to Fenix Investment &
Development, Inc., 64 Macculoch Avenue, Morristown, New Jersey 07960.
DATED:
August 7, 2006
Richard
G.
Kraft,
Mayor
ATTEST:
Maureen Massey, RMC, CMC
Borough Clerk
MEMORANDUM
July
21,
2006
TO:
Susan Giordano, Treasurer
FROM:
Emily S. Wood, Construction Code Technical Assistant
RE:
Cash Bond Release--Fenix Investment &
Development, Inc.
Permit #052243, Block 1801/Lot 6.01
Please be advised that the required site work for Permit #052243, Block 1801/Lot 6.01 has been
completed to the satisfaction of Van Cleef Engineering Associates (see attached letter dated
July 17, 2006).
Therefore, the $5,000.00 cash performance bond can be released to Fenix Investment &
Development, Inc. A resolution for the release of this bond has been prepared and sent to the
Borough Clerk.
Attachment
cc: Joseph F. Alicino, Jr., Construction Official
Maureen Massey, Borough Clerk
Paul Ferriero, Borough Engineer
William C. Tanner, P.E., Van Cleef Engineering Associates
BOROUGH OF MENDHAM
MORRIS COUNTY, NEW JERSEY
RESOLUTION #154-06
WHEREAS, the Borough of Mendham has petitioned the Council on Affordable Housing
(COAH) for substantive certification of its Third Round Housing Element and Fair Share Plan;
and
WHEREAS, the Borough of Mendham's Fair Share Plan for the Third Round will
promote an affordable housing program pursuant to the Fair Housing Act (N.J.S.A. 52:27D-301,
et. seq.) and COAH's Third Round Substantive Rules (N.J.A.C. 5:94-1, et. seq.); and
WHEREAS, pursuant to N.J.A.C. 5:94-7 and N.J.A.C. 5:80-26.1 et. seq., the Borough of
Mendham is required to appoint a Municipal Housing Liaison for the administration of the
Borough of Mendham's affordable housing program to enforce the requirements of N.J.A.C.
5:94-7 and N.J.A.C. 5:80-26.1 et. seq.; and
WHEREAS, the Borough of Mendham has amended Chapter 215 entitled "Zoning" to
provide for the appointment of a Municipal Housing Liaison to administer the Borough of
Mendham's affordable housing program; and
WHEREAS, the Borough Council wishes to appoint Jeanne Pugsley to this position.
NOW THEREFORE BE IT RESOLVED, by the Municipal Council of the Borough of
Mendham, County of Morris, and the State of New Jersey that the appointment of Jeanne
Pugsley is hereby approved as the Municipal Housing Liaison for the administration of the
affordable housing program, pursuant to and in accordance with Section 215-61 of the Code of
the Borough of Mendham.
This Resolution shall take effect immediately.
DATED: August 7, 2006
Richard G. Kraft, Mayor
ATTEST:
Maureen Massey, RMC, CMC
Borough Clerk
BOROUGH OF MENDHAM
MORRIS COUNTY, NEW JERSEY
RESOLUTION #155-06
WHEREAS, the Borough advertised for bids for the 2006 Sidewalk
Reconstruction Program; and
WHEREAS, bids were received from six bidders; and
WHEREAS, JAK Construction Corporation t/a Diamond Construction submitted
the lowest bid in the amount of $36,132.85; and
WHEREAS, the Borough Council wishes to award a contract to JAK Construction
Corporation t/a Diamond Construction, of Dunellen, New Jersey; and
WHEREAS, the Chief Financial Officer has certified that funds are available for
this purpose.
NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Borough Council of
the Borough of Mendham, in the County of Morris, and State of New Jersey, as follows:
1.
A contract for 2006 Sidewalk Reconstruction Program is hereby awarded
to JAK Construction Corporation t/a Diamond Construction, of Brick, New Jersey, for the sum of
$36,132.85 in accordance with the terms of their proposal dated July 19, 2006.
2.
This Resolution shall take effect immediately.
DATED:
August 7, 2006
Richard
G.
Kraft,
Mayor
ATTEST:
Maureen Massey, RMC, CMC
Borough Clerk
BOROUGH OF MENDHAM
MORRIS COUNTY, NEW JERSEY
RESOLUTION #156-06
WHEREAS, the Planning Board of the Borough of Mendham required the posting of
escrow fees in connection with the following site plan amendment application as required by
ordinances of the Borough of Mendham; and
WHEREAS, the applicant has withdrawn the application and the Land Use Coordinator
has reviewed the status of the application and professional billing and has recommended that
the balance of escrow fees be returned to the applicants.
NOW, THEREFORE, BE IT RESOLVED by the Borough Council of the Borough of
Mendham, County of Morris, and State of New Jersey, that the balance of the escrow fee
deposits be returned to the following applicant in accordance with the request of the applicant.
APPLICANT
APPLICATION
#
REFUND AMOUNT
V-Fee Realty Investments, LLC
813
$8,629.75
85 Roxiticus Road
Far Hills, NJ 07931
This resolution shall take effect immediately.
DATED: August 7, 2006
________________________
Richard
G.
Kraft,
Mayor
ATTEST:
__________________________
Maureen Massey, RMC, CMC
Borough Clerk
BOROUGH OF MENDHAM
MORRIS COUNTY, NEW JERSEY
RESOLUTION #15706
RESOLUTION OF THE BOROUGH OF MENDHAM
AUTHORIZING THE SETTLEMENT OF THE TAX APPEAL
ENTITLED LANDMESSER V. BOROUGH OF MENDHAM Rev.
WHEREAS, an appeal of the real property tax assessment of Block 2401, Lot 31.04,
commonly referred to as 7 Oak Forest Lane, has been filed in the Tax Court of New Jersey by
the property owner, Susan W. Landmesser; and
WHEREAS, the Tax Assessor and Borough Attorney are of the opinion that it is in the
best interest of the Borough to settle this appeal.
NOW, THEREFORE, BE IT RESOLVED, by the Borough Council of the Borough of
Mendham, in the County of Morris, and State of New Jersey, as follows:
1.
The settlement of the tax appeal filed at the Tax Court of New Jersey by Susan
W. Landmesser is hereby authorized as follows:
PROPERTY OWNER YEAR ORIGINAL PROPOSED
ASSESSMENT
SETTLEMENT
Landmesser 2004
1,4261,00
$1,162,700
2.
All municipal officials are hereby authorized to take whatever actions may be
necessary to implement the terms of this Resolution.
3.
The Tax Collector is hereby authorized to credit and/or refund the appropriate
taxes in accordance with the terms of this resolution.
4.
This Resolution shall take effect immediately.
DATED: August 7, 2006
Richard G. Kraft, Mayor
ATTEST:
Maureen Massey, RMC, CMC
Borough Clerk
BOROUGH OF MENDHAM
MORRIS COUNTY, NEW JERSEY
RESOLUTION #158-06
BE IT RESOLVED by the Mayor and Council of the Borough of Mendham, Morris
County, New Jersey as follows:
Pursuant to N.J.S.A. 21:3-3 and N.J.A.C. 5:18-3.27(b)2., permission is hereby
granted to Pyro Engineering, Inc. to conduct a public fireworks display on September 4,
2006(rain date September 8, 2006) between the hours of 9:00 p.m. and 12:00 midnight at
Borough Park in the Borough of Mendham and sponsored by the Pastime Club.
The permission hereby granted is conditioned upon provision by the Permittee of
certificates of insurance in the proper form and amount, and compliance by Permittee with pre-
display storage requirements and other provisions of the above cited statute and code.
DATE: August 7, 2006
______________________________
Richard G. Kraft, Mayor
ATTEST:
_____________________________
Maureen Massey, RMC, CMC
Borough Clerk
BOROUGH OF MENDHAM
MORRIS COUNTY, NEW JERSEY
RESOLUTION #159-06
WHEREAS, the Mayor and Borough Council of the Borough of Mendham wish to
purchase a 2007 Ford F250 pickup truck; and
WHEREAS, said equipment can be purchased from Princeton Nassau/Conover
Ford, State Contract No. A51903 T2053; and
WHEREAS, the maximum amount of the contract is $24,774 in accordance with
the attached quotation; and
WHEREAS, public bids are not required when the purchase is made through a
State contract in accordance with N.J.S.A. 40A:11-12 of the Local Public Contracts Law.
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, that a contract for
the purchase of a 2007 Ford F250 pickup truck is hereby awarded to Princeton Nassau/Conover
Ford, 902 Route 206, Princeton, New Jersey, in accordance with the terms and conditions
contained in State Contract No. A51903 T2053, and the Mayor and Borough Clerk are hereby
authorized to execute same, subject to receipt of a certification from the Chief Financial Officer
that funds are available for this purpose.
DATE: August 7, 2006
______________________________
Richard G. Kraft, Mayor
ATTEST:
_____________________________
Maureen Massey, RMC, CMC
Borough Clerk
BOROUGH OF MENDHAM
MORRIS COUNTY, NEW JERSEY
RESOLUTION #160-06
WHEREAS, the Borough of Mendham has determined that the 1963 Onan Generator,
Serial number 95C844021, Model number HRS61P, Engine number 463906, in non-working
order, is no longer needed for public purposes; and
WHEREAS, N.J.S.A. 40A:11-36(2) requires that such personal property may be sold to
another municipality by private sale.
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.
The 1963 Onan Generator, Serial number 95C844021, Model number HRS61P,
Engine number 463906 is hereby declared to be surplus, no longer needed for public purposes;
and
2.
The Mayor and Clerk are hereby authorized to sell the generator to the Town of
Belvidere without warranty or guaranty, expressed or implied, for the sum of One Dollar ($1.00).
This Resolution shall take effect immediately.
DATE: August 7, 2006
______________________________
Richard G. Kraft, Mayor
ATTEST:
_____________________________
Maureen Massey, RMC, CMC
Borough Clerk
BOROUGH OF MENDHAM
MORRIS COUNTY, NEW JERSEY
RESOLUTION #161-06
BE IT RESOLVED, by the Mayor and Council of the Borough of Mendham, County of
Morris, and State of New Jersey, that Dennis Lonagan as part time deputy fire inspector at an
hourly rate of $25.00 per hour
This Resolution shall take effect immediately.
DATED: August 7, 2006
Richard G. Kraft, Mayor
ATTEST:
Maureen Massey, RMC, CMC
Borough Clerk
BOROUGH OF MENDHAM
MORRIS COUNTY, NEW JERSEY
RESOLUTION #162-06
WHEREAS, the Borough of Mendham has a need to acquire an architect to provide
professional services in connection with the construction of a pole barn at the water reclamation
facility, without competitive bidding pursuant to the provisions of N.J.S.A. 19:44A- 20.5; and,
WHEREAS, the business administrator has determined and certified in writing that the
value of the services will not exceed $17,500; and
WHEREAS, the anticipated term of this contract is 1 year; and
WHEREAS, Charles Schaffer Associates has submitted a proposal dated August 2,
2006, indicating they will provide architectural services for the sum of $5,000; and
WHEREAS, the Chief Financial Officer has certified that funds are available for this
purpose; and
WHEREAS, the Borough wishes to retain Charles Schaffer Associates; 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 as follows:
1.
The Municipal Council hereby authorizes execution by the Mayor and
Borough Clerk of a professional services agreement with Charles Schaffer Associates.
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: August 7, 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:
CHARLES SCHAFFER ASSOCIATES, with offices at 288
Newton-Sparta Road, Newton, New Jersey 07860,
(Hereinafter,
"Architect")
W I T N E S S E T H :
WHEREAS, the Borough of Mendham wishes to retain the services of an
Architect to provide construction documents for the construction of a pole barn at the water
reclamation facility; 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 Charles Schaffer 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 Borough agrees to retain the Architect to provide professional
services as outlined in the Architect's proposal dated August 2, 2006, attached hereto as Exhibit
"A".
2.
The Architect shall be paid $5,000. There shall be no retainer. Payment
shall be made to the Architect upon submission of vouchers to be provided by the Borough.
The 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, unless the Municipal Council, by Resolution, specifically
authorizes such additional compensation.
3.
The Architect shall also be entitled to reimbursement for all
disbursements made on behalf of the Borough.
4.
The Architect shall furnish the Borough with a Certificate of Insurance
which shall clearly show that policies with the following limits of liability will be in effect for the
duration of this agreement:
Professional Liability:
$1,000,000 each claim
General Liability:
$1,000,000 per occurrence, for bodily injury and
property damage.
Automobile:
$1,000,000 per occurrence, combined single limit
for bodily injury and property damage.
Worker's Compensation:
Statutory coverage
Umbrella: $1,000,000
The Certificate of Insurance must clearly indicate that the Borough has been
included as an additional insured on the Architect's commercial general liability and automobile
liability policies and shall contain a 30-day prior notice of cancellation to the Borough.
5.
The 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 caused by the negligent acts, errors or omissions of the
Architect or its subcontractors or the officers, agents or employees of either while engaged in
the performance of this Agreement.
The 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
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 Architect'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 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.
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 Architect shall provide to the Borough a copy of its New Jersey
Business Registration Certificate.
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:
CHARLES
SCHAFFER
ASSOCIATES
By:
Charles Schaffer, RA, AIA
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, Architect agrees as follows:
Architect 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 Architect 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. Architect 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.
Architect will, in all solicitations or advertisements for employees placed by or on behalf
of Architect, 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.
Architect 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
Architect's commitments under this act and shall post copies of the notice in conspicuous places
available to employees and applicants for employment.
Architect 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.
Architect 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.
Architect 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.
Architect 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 Architect 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.
Architect shall furnish such reports or other documents to the Division of Contract
Compliance and EEO as may be requested by the Division from time to time in order to carry
out the purposes of these regulations, and public agencies shall furnish such information as
may be requested by the Division of Contract Compliance and EEO for conducting a
compliance investigation pursuant to Subchapter 10 of the Administrative Code at N.J.A.C.
17:27.
BOROUGH
OF
MENDHAM
MORRIS COUNTY, NEW JERSEY
RESOLUTION #163-06
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 potential 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: August 7, 2006
________________________________
Richard G. Kraft, Mayor
ATTEST:
____________________________________
Maureen Massey, RMC, CMC
Borough Clerk