EXECUTIVE SESSION, IF ANY, BEGINS AT 7:00 PM

EXECUTIVE SESSION, IF ANY, BEGINS AT 7:00 PM

THE Regular Meeting WILL BEGIN AT 7:30 PM

OR IMMEDIATELY AFTER THE CONCLUSION OF EXECUTIVE SESSION

Regular Meeting of Town Council

Tuesday, September 24, 2019

Statement of Compliance with Open Public Meetings Act

A. Call to Order/Statement of Compliance

B. Roll-Call

C. Moment of Silence

D. Pledge of Allegiance

E. Consent Agenda

1. Facilities Use Request - End of Summer Bash at Lidgerwood Park

September 29, 2019 9AM-6PM

F. Public Hearing

G. Council Response to Public Hearing Comments

H. Mayor's Proclamations and Presentations

1. Proclamation - National Hispanic Heritage Month September 15th through

October 15th, 2019

I. Report of Mayor and Town Officials

J. Other Presentations & Reports

1. Swearing in of Firefighter Ryan Bauer

2. Swearing in of Firefighter Sean Gaffney

K. Council Liaison Reports

L. Calendar of Events

M. Regular Business

1. Ordinances for Introduction

Ordinance No. O-43-2019

AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 30

“LAND USE REGULATIONS” AND CHAPTER 4 “LICENSING AND

BUSINESS REGULATIONS”

Purpose: To amend and supplement Chapter 30 "Land Use Regulations" and

Chapter 4 "Licensing and Business Regulations" to regulate Bed

and Breakfast establishments


AN ORDINANCE AMENDING AND SUPPLEMENTING THE CODE OF

THE TOWN OF MORRISTOWN CHAPTER 7 "TRAFFIC"

Purpose: The purpose of this ordinance is to amend and supplement Chapter

7, Section 17.6 to address parking concerns on Hill Street

2. Ordinances for Adoption


ORDINANCE PROVIDING FOR CERTAIN CAPITAL IMPROVEMENTS AT

THE MORRISTOWN MUNICIPAL AIRPORT BY THE TOWN OF

MORRISTOWN, IN THE COUNTY OF MORRIS, STATE OF NEW JERSEY,

AND APPROPRIATING $8,293,709 THEREFOR TO FINANCE PART OF

THE COST THEREOF

Purpose: To appropriate funds to finance capital improvements at the

Morristown Municipal Airport


AN ORDINANCE AMENDING AND SUPPLEMENTING THE CODE OF

THE TOWN OF MORRISTOWN CHAPTER 7 “TRAFFIC”, SECTION 40.2

“HANDICAPPED PARKING ON STREETS FOR PRIVATE RESIDENCES”

TO ADD A DEDICATED HANDICAPPED PARKING SPACE FOR A

RESIDENT OF 10-04 CLYDE POTTS DRIVE

Purpose: To approve a dedicated handicapped parking space for a resident

of 10-04 Clyde Potts Drive


AN ORDINANCE AMENDING AND SUPPLEMENTING ORDINANCE

AUTHORIZING THE IMPOSITION OF A MUNICIPAL HOTEL AND AND

MOTEL OCCUPANCY TAX AS AUTHORIZED BY N.J.S.A. 40:48E-1 ET

SEQ.

Purpose: The purpose of this ordinance is to amend the Municipal Hotel and

Motel Occupancy Tax so as to include transient accommodations


AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 13

“HOUSING AND PROPERTY MAINTENANCE”

Purpose: An ordinance to control the planting, growing, maintaining and/or

cultivating of invasive species


BOND ORDINANCE PROVIDING FOR HYDRORAKING AT FOOTES

POND IN AND BY THE TOWN OF MORRISTOWN, IN THE COUNTY OF

MORRIS, NEW JERSEY, APPROPRIATING $300,000 THEREFOR AND

AUTHORIZING THE ISSUANCE OF $285,000 BONDS OR NOTES

Purpose: Appropriation of $300,000 for Hydroraking at Foote's Pond

including a down payment of $15,000 and authorized issuance of

$285,000 bonds or notes

3. Resolutions for Adoption

Resolution No. R-146-2019

RESOLUTION AUTHORIZING TASK ORDER #1 TO CONTRACT WITH

MCFARLAND-JOHNSON, INC. FOR PROFESSIONAL SERVICES FOR

ENGINEERING SERVICES IN AN AMOUNT NOT TO EXCEED $427,513

AT THE MORRISTOWN MUNICIPAL AIRPORT

Purpose: Authorizes Task Order # 1 with McFarland Johnson, Inc for

engineering services at the Morristown Municipal Airport.




ENGINEERING SERVICES IN AN AMOUNT NOT TO EXCEED $339,145

AT THE MORRISTOWN MUNICIPAL AIRPORT

Purpose: Authorizes Task Order # 2 with McFarland Johnson, Inc for




DELTA AIRPORT CONSULTANTS, INC. FOR PROFESSIONAL SERVICES

FOR ENGINEERING SERVICES IN AN AMOUNT NOT TO EXCEED

$510,000 AT THE MORRISTOWN MUNICIPAL AIRPORT

Purpose: Authorizes Task Order # 1 with Delta Airport Consultants, Inc for




DELTA AIRPORT CONSULTANTS, INC. FOR PROFESSIONAL SERVICES

FOR ENGINEERING SERVICES IN AN AMOUNT NOT TO EXCEED

$301,000 AT THE MORRISTOWN MUNICIPAL AIRPORT

Purpose: Authorizes Task Order # 2 with Delta Airport Consultants for



RESOLUTION AUTHORIZING AWARD OF CONTRACT TO PETILLO,

INC., FOR THE IMPROVEMENTS OF THE RUNWAY 5-23 SAFETY

AREA(SITE PREP), PHASE III PROJECT AT THE MORRISTOWN

MUNICIPAL AIRPORT IN THE AMOUNT OF $6,716,051

Purpose: Authorizes award of contract to Petillo, Inc. for improvements to

Runway 5-23 Safety Area at the Morristown Municipal Airport.


CORRECTIVE ACTION PLAN FOR 2018 AUDIT

Purpose: Corrective Action Plan addresses recommendations of the 2018

Audit.


RESOLUTION RE: GOVERNING BODY CERTIFICATION OF THE

ANNUAL AUDIT

Purpose: Approves the 2018 Annual Report of Audit

N. Unfinished (Old) Business: None

O. New Business: None

P. Adjournment

TOWN COUNCIL

To:

From: Ms. Margot G. Kaye, Town Clerk

Date: September 24, 2019

Re: Facilities Use Request - End of Summer Bash at Lidgerwood Park September 29, 2019

9AM-6PM

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TOWN COUNCIL

To:

From: Ms. Jillian Barrick, Business Admin


Re: Proclamation - National Hispanic Heritage Month September 15th through October 15th,

2019

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TOWN COUNCIL

To:



Re: Swearing in of Firefighter Ryan Bauer

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TOWN COUNCIL

To:



Re: Swearing in of Firefighter Sean Gaffney

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TOWN OF MORRISTOWN

ORDINANCE O-43-2019

AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 30 “LAND USE

REGULATIONS” AND CHAPTER 4 “LICENSING AND BUSINESS REGULATIONS”

WHEREAS, the Town of Morristown desires to amend its land use regulations to permit

single family residences to be used as bed and breakfast establishments;

NOW, THEREFORE BE IT ORDAINED, by the Town Council of the Town of

Morristown, County of Morris and State of New Jersey, being the governing body thereof, that

Chapter 30 Land Use Regulations and Chapter 4 Licensing and Business Regulations be and

hereby are amended and supplemented to read as follows:

30-APPENDIX A1 DEFINITIONS.

I. Bed and Breakfast Establishment- shall mean a small lodging establishment with

rooms available to guests for short-term overnight rental and a breakfast meal for

compensation. Such establishment shall also meet definitions and standards

established by any applicable local, state, federal building, fire, health, or safety code.

II. Guests - shall mean people who use bed and breakfast facilities for lodging and other

incidental services and provide consideration to the proprietor for same.

30-2 PROVISIONS APPLICABLE TO CERTAIN SPECIFIC CONDITIONAL USES

In addition to the general requirements of subsections 30-2E, the additional minimum

requirements shall be met for approval of particular conditional uses as listed in this section.

30-2.F.2.f BED AND BREAKFASTS

(1) PURPOSE AND INTENT

The purpose of the provisions included in this Section are to provide specific

conditions for the location and operation of bed and breakfasts within the Town of

Morristown.

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(2) POLICY BASIS

The Town of Morristown is a historical Morris County community whose history

dates back prior to the Revolutionary War. As such, the town has a singular historic

charm that continues to attract both permanent residents and visitors to its nearby

historic sites. The town enthusiastically promotes tourism as an economic opportunity

for the community and is especially proud and protective of the many homes whose

construction and architecture date back to Morristown’s early and gilded years, when

wealthy financiers and industrialists built mansions in Morristown and conveniently

took the train between “the country” and their work or other homes in New York.

Maintaining these large properties today as single-family residences, however, has

become extremely difficult and impractical, whether because of the overall costs

associated with maintaining such large homes, their architectural features, size, or

configuration, and/or because families have fewer children, thereby not needing such

large homes. Nevertheless, the homes’ architectural beauty and importance to

Morristown’s heritage has never been overlooked, with the town looking for practical

ways to preserve the properties.

One suggested way to preserve these classic homes for the benefit of the community

has been their adaptive reuse and preservation by licensing select properties that meet

specific physical criteria as Bed & Breakfasts (B&Bs). This designation would allow

properties to be maintained by an owner or manager occupant, while providing short-

term lodging for a limited number of guests. By doing so, qualified property owners

could have an added source of income that would enable them to purchase and live in

the home and also offer a practical business component that would provide additional

income needed to maintain the home and its historic charm, while also supporting

Morristown’s commitment to its heritage and interest in promoting Morristown as an

historic destination.

While Morristown has a core historic residential district, there are other properties

scattered through the town that might also qualify for B&B licensing. However, it

must be noted and emphasized that not every large or even historic home in every

neighborhood in the community will meet the requirements to obtain B&B status,

whether because of the lot size, number of bedrooms and baths, or availability of off-

street parking.

The proposed ordinance is intended to permit B&B’s as a low-intensity hospitality

use with minimal impact to traffic, the natural environment or nearby single-family

residences. It is designed to be supportive of Morristown as a highly desirable

residential community and also offer a practical business incentive that would provide

the kind of financial support necessary to maintain both the town’s residential

character and historic charm, while at the same time recognizing that these goals

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cannot and must not be implemented at the expense or disregard of neighboring

residences and the community as a whole.

(3) LICENSING

All bed and breakfast uses shall comply with applicable licensing requirements

contained in Chapter 4 of the Town Code.

(4) GENERAL REQUIREMENTS

a. Licensed bed and breakfasts within the Town of Morristown shall contain no less

than three (3) bedrooms and no more than eight (8) bedrooms available to guests

for lodging. The maximum capacity of each bedroom shall be 2 adults and 2

children.

b. No more than sixteen individuals including children over the age of six, shall stay

at a licensed bed and breakfast at any one time.

c. Bathrooms should be provided at a rate of 1 full bathroom per 2 rented bedrooms,

exclusive of a dedicated bathroom for the owner.

d. Bed and breakfast owners must reside on the premises within the principal

structure.

e. At all times when guests are staying in the licensed bed and breakfast, the

Owner(s) shall remain within 15 minutes of the subject property and a sign will be

posted with name and emergency phone number when owners are not on the

immediate property, per State Fire Prevention regulations.

f. Food service and preparation shall be limited to breakfast for guests currently

staying on the premises and incidental refreshments for paying overnight guests,

including but not limited to non-alcoholic beverages, cookies, crackers, cheese,

crudités, etc. and not advertised to the general public as a restaurant.

g. Detached secondary or accessory structures may not be used for guest rooms as a

part of the bed and breakfast operation.

h. No more than two non-resident employees may be employed for the regular

operation of the bed and breakfast

i. Rooms that constitute legal bedrooms below or partially below grade shall not be

used for guest lodging.

j. No less than 1,000 linear feet from property line to property line shall be provided

between separate B&B establishments.

k. The site shall be able to provide 150 SF of common area for use of guests, per

UFC Requirements. This can include porch, library, dining room, but cannot

include the lobby. If more than 10 guests, the minimum requirement is 300 SF.

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(5) BULK REQUIREMENTS

a. On-site accessory uses or structures including parking areas, refuse enclosures,

utilities, patios, sheds, etc., shall comply with all yard and buffer requirements for

the zoning district in which the property is located. At a minimum, no such area

or structure shall be closer than 5’ to an adjacent commercial district or use, 10’ to

mixed-use with residential or multi-family use or district, and no closer than 15’

to a residential use or district. A minimum of half of the width of the setback but

no less than 5’ width, shall be the required buffer which shall contain a

combination of fences, walls, and/or evergreen trees a minimum of 6’ tall to

visually screen such areas or structures from all sides.

b. One off-street parking space shall be provided for each guest bedroom. Tandem

parking for guests is strictly prohibited.

c. One dedicated off-street parking space shall be provided for each owner operator

and 1 per each non-resident employee engaged in the regular operation of the bed

and breakfast.

d. All parking shall be located to the rear of the principal structure.

e. Total improved coverage on the property shall not exceed 60% of overall land

area.

f. Building coverage on the property shall not exceed 50% of overall land area.

g. Signage for the residence shall be restricted to a single ground or wall graphic, but

not both, in the front yard or on the front wall of the residence. Ground signs shall

be set back a minimum of five (5) feet from the sidewalk or right-of-way line,

whichever is greater. Ground signs shall be a maximum of six (6) feet in height.

Ground and wall signs shall be a maximum of eight (8) square feet in area.

h. No sign may be illuminated by more than 2 fixtures. Fixtures shall be designed

and located to shield neighboring properties and the public right of way from

glare and light spillage. Internally lit or backlit signs are strictly prohibited.

i. No signs shall display a telephone number or indication that the residence is full

or vacant.

Exterior lighting around the residence shall be shaded to prevent illumination off

site. All exterior lighting, except for demonstrated security needs, shall be turned

off by 9:00p.m. Footcandle levels must comply with the requirements of the zone,

and color temperature shall not exceed 3,000°K if adjacent to any residential

districts or permitted residential uses, or may not exceed 4,000°K elsewhere.

j. All refuse storage will be enclosed by a visually solid fence or masonry wall

which complements the building architecture.

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k. Perimeter buffers to residential uses shall contain a combination of fences, walls,

and/or evergreen trees with a minimum planting height of 5’. Minimum required

buffer widths are:

i. 7.5’ wide to a mixed-use with residential or multi-family use or district,

ii. 10’ wide to a residential use or district.

l. Site shall comply with all other bulk/design requirements of the zone.

(6) SUBMISSION REQUIREMENTS

a. All bed and breakfast applications shall be subject to review by the Historic

Preservation Commission.

(7) VIOLATIONS AND PENALTIES

a. Any holder of a license for a bed and breakfast who violates any provision of this

Chapter may be subject to forfeiture of the license issued by the Town of

Morristown.

b. Additionally, any property owner who violates any provision of this Chapter or

who operates a bed and breakfast without a license, shall be subject to a fine of

not more than $1,250.00. Each day of illegal operation shall be considered a

separate violation of this Chapter.

4-29 BED AND BREAKFASTS

4-29.1 DEFINITIONS

a. Bed and Breakfast Establishment- shall mean a small lodging establishment with

rooms available to guests for short-term overnight rental and a breakfast meal for

compensation. Such establishment shall also meet definitions and standards

established by any applicable local, state, federal building, fire, health, or safety

codes.

b. Guests - shall mean people who use bed and breakfast facilities for lodging and

other incidental services and provide consideration to the proprietor for same.

4-29.2 PERMITS REQUIRED

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a. No person shall operate a bed and breakfast unless the owner holds a valid license

issued by the Town Clerk pursuant to this Chapter. All licenses shall be for one

year or part thereof and shall expire on December 31st of each year. Each owner

of a bed and breakfast shall apply to renew their license with the Town, on a form

to be provided by the Town Clerk, on or before December 31st of each year.

b. An applicant for a bed and breakfast license or license renewal shall submit an

application which shall include:

i. The name, address, and telephone number of the applicant and each

resident of the residence to be licensed;

ii. A one-time initial licensing fee in the amount of $250; and an annual

renewal fee of $100;

iii. A floor plan of the building to show all spaces and to identify their

respective uses;

iv. A floor plan to identify the rooms which are to be licensed, by name,

number or (and) physical description and location , and to identify the

bedrooms for the exclusive use of the owners and other permanent

residents;

v. A diagram of the parking spaces available and dedicated for the guests of

the bed and breakfast; employees and owner;

vi. Proof that the bed and breakfast operator has registered with the State of

New Jersey to collect a hotel tax;

vii. Resolution or letter of approval from the Town Planning Board or Town

Board of Adjustment for the property site plan;

viii. Certification of inspection and approval by the Town Building

Department; and

ix. Certification of inspection and approval by the Town Fire Department.

x. Proof, by way of a petition, that shows that a majority of the adjacent

property owners within 200 feet of the property to be licensed is in support

of the application.

4-29.3 MAXIMUM NUMBER OF LICENSED RESIDENCES

a. No more than four (4) licenses for bed and breakfasts shall be outstanding at any

one time. Licenses shall be awarded first to existing licensees in good standing.

Remaining licenses shall be awarded on a first come first serve basis.

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b. Permits shall be non-transferable. There shall be one permit per family / married

persons, and shall not be issued to a corporation or partnership between non-

family/married persons.

c. After license expires, is revoked, or is forfeited, the structure and site should be

returned to prior permitted use. If prior use was not permitted, use variance

approval would be required.

4-29.4 PRIOR APPROVALS

a. No license shall be issued by the Town to an applicant for a bed and breakfast

license until a site plan has been approved by the Town Planning or Zoning Board

and the residence has been inspected and approved by the Town Building

Department, the Town Health Department and the Town Fire Department.

b. The Planning/Zoning Board may impose additional reasonable conditions to

protect character of neighborhood and/or surrounding residential properties.

c. If conditional, use, and or bulk variances are required for certain parameters

contained herein, the remaining requirements are still valid and should be upheld.

d. All site and buildings must comply with applicable local, state, and federal

building, fire, health, or safety codes, as well as all requirements and standards of

the zoning ordinance.

4-29-5 OPERATIONAL REQUIREMENTS

a. Each bed and breakfast operator shall keep a daily guest register including the

guest name, address, phone number date and duration of stay, and the number of

guests and guest vehicles (license plate and make). The guest register shall be

available for inspection by Town officials between the hours of 8:00am and

8:00pm.

b. A copy of the bed and breakfast license must be posted by the owner in a

prominent and visible place in the residence at all times and in each licensed

room.

c. No cooking facilities, including, but not limited to stoves, microwaves, ovens,

toaster ovens hotplates shall be allowed in guest rooms.

d. No alcoholic beverages shall be provided or served to guests.

e. The residence and grounds for the bed and breakfast shall be for the exclusive use

of residents and overnight guests of the bed and breakfast, and not for the general

public, as would be associated with a public restaurant, catering business, or

similar establishment.

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f. In the event that there is a swimming pool on the premises, use shall be restricted

to residents, and guests shall not be permitted use.

g. Each guest stay shall be limited to a term of no more than 15 consecutive days,

and no more than 30 days total within a 90-day period.

h. The bed and breakfast operation shall not become a nuisance to adjoining

residents by reason of noise, smoke, odor, lighting, unreasonable traffic

congestion or when same interferes with safety and rights of others. The impact of

a bed and breakfast shall be no greater than that of a private home with guests.

“Quiet hours” will be from 9pm until 8am, when there shall be no use of outdoor

areas such as porches, patios, rooftops, etc., and noise shall not disturb any

neighboring properties. These quiet hours and rules must be posted in the lobby

and specified on all guest agreements.

i. Outdoor social activities held by the owner where more than 12 persons will be in

attendance shall not be held at a bed and breakfast establishment unless the owner

submits an event application which is approved by the Town and has provided

notice to all adjacent property owners. No amplification of sound will be

permitted. Approved events will be limited to a maximum of once per month.

BED AND BREAKFAST APPLICATION AND CHECKLIST

I. Applicant’s Name, Address and Telephone Number

II. Name Address and Telephone Number for Each Resident to be Licensed

III. Property Street and Address

Tax Map Block ________ Tax Map Lot ________ Zoning District ________

IV. Primary Applicant is (check one)

____ Property Owner ____ Purchaser under Contract

V. Has applicant secured major site plan approval from the Planning Board or Board of

Adjustment?

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VI. Has the property in question been inspected and approved by the Town Building

Department, Health Department and Fire Department?

VII. Has applicant registered with the State of New Jersey to collect hotel tax?

VIII. An initial licensing fee payment of $250.00 and subsequent annual license fees of

$100 thereafter must be submitted to the Town Clerk. Owner/operator is responsible

for the payment of annual license fees. If such license may not be granted per the

requirements of Sec. 4-29 Bed and Breakfasts, fees submitted as part of this

application shall be returned to applicant.

Checklist Item Complete N/A Notes

Completed bed and breakfast application form

Proof of ownership or purchase agreement

Submission of licensing fee

Floor plan of the building identifying all spaces

and their respective uses

Floor plan identifying all guest rooms to be

licensed by name, number or physical

description

Diagram of parking spaces available to guests

and/or dedicated to employees of the bed and

breakfast

Proof of registration with the State of New

Jersey for the collection of hotel taxes

Resolution or letter of approval from the Town

Planning Board or Board of Adjustment for

property site plan

Certification of inspection and approval by the

Town Building Department.


Town Fire Department.


Town Health Department

Proof, by way of a petition, that shows that a

majority of the adjacent property owners within

200 feet of the property to be licensed is in

support of the application

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BE IT FURTHER ORDAINED, if any section, paragraph, subsection, clause or

provision of this Ordinance shall be adjudged by the courts to be invalid, such adjudication shall

apply only to the section, paragraph, subsection, clause or provision so adjudicated, and the

remainder of the Ordinance shall be deemed valid and effective.

BE IT FURTHER ORDAINED, any ordinances or parts thereof in conflict with the

provisions of this Ordinance are repealed to the extent of such conflict.

BE IT FURTHER ORDAINED, This Ordinance shall take effect upon passage.

ATTEST: ADOPTED:

_________________ _________________________

Margot G. Kaye, Timothy P. Dougherty,

Town Clerk Mayor

Date: ____________________

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TOWN OF MORRISTOWN

ORDINANCE O-44-2019

AN ORDINANCE AMENDING AND SUPPLEMENTING THE CODE OF THE TOWN

OF MORRISTOWN CHAPTER 7 "TRAFFIC"

WHEREAS, Hill Street currently has two (2) hour parking with exemptions for Residential

Permit holders Monday thru Friday, 8:00 am to 4:00 pm; and

WHEREAS, the Town of Morristown desires to modify the time limitations on Hill Street

due to a shortage of parking spaces for residents during the late afternoon and evening hours;


Morristown, County of Morris, and State of New Jersey, being the governing body thereof, that

Chapter 7 Traffic, be and is hereby amended and supplemented to include and read as follows:

7-17 RESIDENTIAL PERMIT PARKING

7-17.6 Schedule of Streets.

a. Two Hour Parking only in designated residential areas is effective on the following

described streets or portions thereof in the Town of Morristown between the hours of

8:00 a.m. and 4:00 p.m., Monday through Friday;

Street Location

Altamont Court Entire length

Atno Avenue Entire length

Bellevue Terrace Entire length

Brewster Place Entire length

Budd Street East side, from Miller Street in a southerly direction to the end of Budd Street

West side, from a point 100 feet south of the southerly curbline of Washington Street to the end of Budd Street

Chestnut Street Entire length

Cleveland Street Entire length

Clinton Street Entire length

Cobb Place Entire length

Colonial Road Entire length

Columba Street From Bellevue Terrace to Sussex Avenue

Conklin Avenue East side, from Gallagher Road in a southerly direction to the Town line

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Early Street Entire length

Franklin Place Entire length

Gallagher Road Entire length

Glenwood Road Entire length

Grant Street Entire length

Green Hill Road Entire length

Harrison Street Entire length

Hazlett Street Entire length

Henry Street Entire length

James Street From MacCulloch Avenue to Maple Avenue

Jardine Road Entire length

Kenmuir Avenue Entire length

King Street Entire length

Lakeside Place Entire length

Logan Place Entire length

Lyons Place East side, entire length

Mills Street From Washington Street to Kenmuir Avenue

Mills Street East side, entire length

Milton Place Entire length

Morton Street Entire length

Olyphant Drive Entire length

Olyphant Parkway Entire length

Orchard Street Entire length

Phoenix Avenue Entire length

Pine Street From King Place to Morris Street

Pocahontas Street Entire length

Revere Road Entire length

Shenandoah Place Both, from Sherman Place to Wisteria Terrace

Shenandoah Place South, from a point at the intersection of Wisteria Terrace to a point 347 feet west to the end of the street

Sherman Place West, from Tuxedo Place to Shenandoah Place

Speedwell Place Entire length

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Spring Place Entire length

Vail Place Entire length

Western Avenue From Ann Street to Miller Street

Willow Street Entire length

Wisteria Terrace West, entire length

g. Parking shall be limited from 6:00 p.m. to 9:00 a.m. Monday through Sunday to

permit sticker parking only on the following described streets or portions thereof

in the Town of Morristown:

Street Location

Colles Avenue Entire length

DeHart Street From Colles Avenue up to 270 feet north of the MacCulloch Avenue curbline

Farragut Place Entire length

Hill Street Entire length

MacCulloch Avenue From Mt. Kemble to Madison Street

Market Street From Maple Avenue to MacCulloch Avenue (east side)

Miller Road From Maple Avenue to Ogden Place

Perry Street Entire length

Wetmore Avenue Entire length

h. Parking shall be limited two-hour parking between the hours of 9:00 a.m. and

6:00 p.m. Monday through Friday only on the following described streets or

portions thereof in the Town of Morristown, except for cars with resident permit

stickers:

Street Location

Colles Avenue Entire length

DeHart Street From Colles Avenue up to 270 feet north of the MacCulloch Avenue curbline

Farragut Place Entire length

Hill Street Entire Length

MacCulloch Avenue From Mt. Kemble to Madison Street and Madison Street to James Street

Madison Street Entire length

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Maple Avenue From Madison Street to James Street

Market Street From Maple Avenue to MacCulloch Avenue (east side)

Miller Road From Maple Avenue to Ogden Place

Perry Street Entire length

Wetmore Avenue Entire length

BE IT FURTHER ORDAINED that if any section, paragraph, subsection, clause or




BE IT FURTHER ORDAINED, that any ordinances or parts thereof in conflict with the


BE IT FURTHER ORDAINED, that this Ordinance shall take effect upon passage and

publication in accordance with law.

ATTEST: ADOPTED:

_________________ _________________________


Town Clerk Mayor

Date: ____________________

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TOWN OF MORRISTOWN

ORDINANCE O-36-2019

ORDINANCE PROVIDING FOR CERTAIN CAPITAL IMPROVEMENTS AT THE

MORRISTOWN MUNICIPAL AIRPORT BY THE TOWN OF MORRISTOWN, IN THE

COUNTY OF MORRIS, STATE OF NEW JERSEY, AND APPROPRIATING $8,293,709

THEREFOR TO FINANCE PART OF THE COST THEREOF

BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF MORRISTOWN,

IN THE COUNTY OF MORRIS, STATE OF NEW JERSEY (not less than two-thirds of all

members affirmatively concurring), AS FOLLOWS:

Section 1. Pursuant to the applicable statutes of the State of New Jersey, the

improvements described in Section 2 of this Ordinance are hereby authorized to be undertaken

by and on behalf of the Town of Morristown, New Jersey (the “Town”). For the improvements

or purposes described in Section 2 hereof, there is hereby appropriated the aggregate sum of

$8,293,709, consisting of: (i) a ninety (90%) percent contribution of funds from the Federal

Aviation Administration AIP Grant 3-34-0023-055-2019 in the amount of $7,464,338; (ii) a five

(5%) percent contribution by the State of New Jersey Department of Transportation (“NJDOT”)

in the amount of $414,685; and (iii) a five (5%) percent contribution by DM AIRPORTS, LTD.,

(“DM”) in the amount of $414,686 (the “DM Contribution”). In the event the NJDOT is not able

to award a grant for its five (5%) percent contribution, the DM Contribution will be increased to

ten (10%) percent, so as to ensure a total aggregate ten (10%) percent appropriation of $

$829,371 by DM on behalf of the Town.

Section 2. The improvements at the Morristown Airport hereby authorized are:

Improve Runway 5/23 Safety Area (Site Prep), Phase III.

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Section 3. The Town hereby certifies that it has adopted a capital budget or a

temporary capital budget, as applicable. The capital or temporary capital budget of the Town is

hereby amended to conform with the provisions of this Ordinance to the extent of any

inconsistency herewith. To the extent that the purposes authorized herein are inconsistent with

the adopted capital or temporary capital budget, a revised capital or temporary capital budget has

been filed with the Division of Local Government Services.

Section 4. It is hereby further recognized that, pursuant to N.J.S.A. 40A:4-45.3, the

aggregate sum hereby appropriated, consisting entirely of the funds from the Federal Aviation

Administration by way of AIP Grant 3-34-0023-055-2019, the funds from the New Jersey

Department of Transportation (if any), and the DM Contribution, is excepted from the limitation

on increase in the budget for the Town.

Section 5. The funds from the AIP Grant 3-34-0023-055-2019, the funds from the

NJDOT and the DM Contribution received for the purposes described in Section 2 hereof shall

be applied to the direct payment of the costs of the improvements pursuant to this Ordinance.

Section 6. This Ordinance shall take effect after final adoption and publication and

otherwise as provided by law.

ATTEST: ADOPTED:

_________________ _________________________


Town Clerk Mayor

Date: ____________________

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TOWN OF MORRISTOWN

ORDINANCE O-37-2019

AN ORDINANCE AMENDING AND SUPPLEMENTING THE CODE OF THE TOWN

OF MORRISTOWN CHAPTER 7 “TRAFFIC”, SECTION 40.2 “HANDICAPPED

PARKING ON STREETS FOR PRIVATE RESIDENCES” TO ADD A DEDICATED

HANDICAPPED PARKING SPACE FOR A RESIDENT OF 10-04 CLYDE POTTS

DRIVE

NOW, THEREFORE, BE IT ORDAINED, by the Town Council of the Town of

Morristown in the County of Morris, and State of New Jersey, as follows:

Section 1. The Code of the Town of Morristown is hereby amended and

supplemented in accordance with the provisions of this Ordinance.

Section 2. Chapter 7, entitled “Traffic” is hereby amended by the addition of the

following new handicapped parking space solely for the use by designated New Jersey Motor

Vehicle Commission Permanent Person with Disability Parking Permit Placard and/or License

Plate number as set forth and described in Section 7-40.2, Handicapped Parking on Streets for

Private Residences below:

A. The following shall be a designated handicapped parking space solely for use by the

designated New Jersey Motor Vehicle Commission Permanent Person with Disability

Parking Permit Placard

Handicapped Parking - On Street Location

Street Location

10 Clyde Potts Drive From a point twelve (12) feet directly South of the existing

fire One (1) space lane adjacent to the southbound travel lane creating the

twelve foot ADA stall on Clyde Potts Drive

The stall would be buffered on the eastern side by the

existing fog line to create an ADA stall within the existing

parking lane

The existing fire lane ends at a point off the northern end of

Building 10 Clyde Potts Drive

(P2078809 or any other subsequent renewal number

assigned by NJMVC for this placard)

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Section 3. Appropriate signs shall be erected and maintained furnishing notice to the

public of the above designated handicapped parking space.

Section 4. If any section, paragraph, subsection, clause, or provision of this

Ordinance shall be adjudged by the courts to be invalid, such adjudication shall apply only to the

section, paragraph, subsection, clause, or provision so adjudicated, and the remainder of the

Ordinance shall be deemed valid and effective; and

Section 5. Any ordinances or parts thereof in conflict with the provisions of this

Ordinance are repealed to the extent of such conflict; and

Section 6. This Ordinance shall take effect upon passage and publication in

accordance with applicable law.

ATTEST: ADOPTED:

_________________ _________________________


Town Clerk Mayor

Date: ____________________

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TOWN OF MORRISTOWN

ORDINANCE O-38-2019

AN ORDINANCE AMENDING AND SUPPLEMENTING ORDINANCE

AUTHORIZING THE IMPOSITION OF A MUNICIPAL HOTEL AND AND MOTEL

OCCUPANCY TAX AS AUTHORIZED BY N.J.S.A. 40:48E-1 ET SEQ.

WHEREAS, N.J.S.A. 40:48F-1 permits the governing body of a municipality to adopt an

ordinance imposing a hotel and motel occupancy tax; and

WHEREAS, by Ordinance O-35-03, adopted August 19, 2003, the Town of Morristown

passed an ordinance imposing a hotel and motel occupancy tax at a uniform percentage rate not

to exceed 1% on charges of rent for every occupancy on or after July 1, 2003, but before July 1,

2004, and not to exceed 3% on charges of rent for every occupancy on or after July 1, 2004; and

WHEREAS, on July 1, 2018 the New Jersey Legislature adopted P.L. 2018 c. 049 (the

“New Law”) which authorizes the governing body of the Town to adopt an ordinance imposing

the State sales and use tax and hotel and motel occupancy fee on transient accommodations and

authorizes various municipal taxes and fees on transient accommodations; and

WHEREAS, the New Law defines transient accommodations as a room, group of

rooms, or other living or sleeping space for the lodging of occupants, including but not

limited to residences or buildings used as residences and does not include: a hotel or hotel

room; a room, group of rooms, or other living or sleeping space used as a place of assembly;

a dormitory or other similar residential facility of an elementary or secondary school or a

college or university; a hospital, nursing home, or other similar residential facility of a

provider of services for the care, support and treatment of individuals that is licensed by the

State; a campsite, cabin, lean-to, or other similar residential facility of a campground or an

adult or youth camp; a furnished or unfurnished private residential property, including but

not limited to condominiums, bungalows, single-family homes and similar living units,

where no maid service, room service, linen changing service or other common hotel services

are made available by the lessor and where the keys to the furnished or unfurnished private

residential property, whether a physical key, access to a keyless locking mechanism, or other

means of physical ingress to the furnished or unfurnished private residential property, are

provided to the lessee at the location of an offsite real estate broker licensed by the New

Jersey Real Estate Commission pursuant to N.J.S.A. 45:15-1 et seq.; or leases of real

property with a term of at least 90 consecutive days; and

WHEREAS, the Town of Morristown now desires to make an amendment to its

Ordinance regulating the Hotel and Motel Occupancy Tax in order to comply with the New Law;

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Morristown, County of Morris, State of New Jersey, being the governing body thereof, that the

Ordinance regulating the Hotel and Motel Occupancy Tax be and hereby is amended and

supplemented to read as follows:

Hotel and Motel Occupancy Tax

1. Purpose. It is the purpose of this ordinance to implement the provisions of

P.L. 2018, c. 049, which authorizes the governing body of the Town to adopt an ordinance

imposing the State sales and use tax and hotel and motel occupancy fee on transient

accommodations and authorizes various municipal taxes and fees on transient

accommodations.

2. Tax Imposed. There is hereby established a Hotel and Motel Room

Occupancy Tax in the Town of Morristown which shall be fixed at three percent (3%) on

charges of rent for every occupancy in the Town of Morristown o f any room or rooms in a

hotel or transient accommodation subject to taxation pursuant to subsection (d) of section

3 of P.L. 1966, c. 40, N.J.S.A. 54:32B-3 (sales tax). Any unpaid taxes under this section

shall be subject to interest at the rate of 5% per annum.

3. Definitions.

“Hotel” shall mean a building or portion of a building which is regularly used and kept

open as such for the lodging of guests and includes an apartment hotel, a motel, inn, and

rooming or boarding house or club, whether or not meals are served, but does not include a

transient accommodation.

“Residence” means a house, condominium, or other residential dwelling unit in a

building or structure or part of a building or structure that is designed, constructed, leased,

rented, let or hired out, or otherwise made available for use as a residence.

“Transient accommodation” shall have the same definition as given to it by the

legislature at N.J.S.A. 40:48E-2 and shall mean a room, group of rooms, or other living or

sleeping space for the lodging of occupants, including but not limited to residences or

buildings used as residences and does not include: a hotel or hotel room; a room, group of

rooms, or other living or sleeping space used as a place of assembly; a dormitory or other

similar residential facility of an elementary or secondary school or a college or university; a

hospital, nursing home, or other similar residential facility of a provider of services for the

care, support and treatment of individuals that is licensed by the State; a campsite, cabin,

lean-to, or other similar residential facility of a campground or an adult or youth camp; a

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furnished or unfurnished private residential property, including but not limited to

condominiums, bungalows, single-family homes and similar living units, where no maid

service, room service, linen changing service or other common hotel services are made

available by the lessor and where the keys to the furnished or unfurnished private residential

property, whether a physical key, access to a keyless locking mechanism, or other means of

physical ingress to the furnished or unfurnished private residential property, are provided to

the lessee at the location of an offsite real estate broker licensed by the New Jersey Real

Estate Commission pursuant to N.J.S.A. 45:15-1 et seq.; or leases of real property with a

term of at least 90 consecutive days.

“Transient space marketplace” means an online marketplace through which a person

may offer transient accommodations or hotel rooms to individuals. A “transient space

marketplace” allows transient accommodations or hotel rooms to be advertised or listed

through an online marketplace in exchange for consideration or provides a means for a

customer to arrange for the occupancy of the transient accommodation or hotel room in

exchange for consideration. A ‘transient space marketplace’ shall not include an online

marketplace operated by or on behalf of a hotel or hotel corporation that facilitates customer

occupancy solely for the hotel or hotel corporation’s owned or managed hotels and

franchisees.

4. Compliance with other laws.

a . The Hotel and Motel Room Occupancy Tax shall be in addition to any other

tax or fee imposed pursuant to statute or local ordinance or resolution by any governmental

entity upon the occupancy of a hotel room.

b. The payment or collection of the Hotel and Motel Room Occupancy Tax does

not in any way condone, exempt or supersede the property in use from compliance with all other

building, zoning, insurance or any other governmental agency laws or regulation.

5. In accordance with the requirements of P.L. 2018, c. 49:

a. All taxes imposed by this Ordinance shall be paid by the purchaser.

b. A vendor shall not assume or absorb any tax imposed by this ordinance.

c. A vendor shall not in any manner advertise or hold out to any person

or to the public in general, in any manner, directly or indirectly, that

the tax will be assumed or absorbed by the vendor, that the tax will

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not be separately charged and stated to the customer, or that the tax

will be refunded to the customer.

d. Each assumption or absorption by a vendor of the tax shall be

deemed a separate offense and each representation or advertisement

by a vendor for each day that the representation or advertisement

continues shall be deemed a separate offense.

e. The penalty for violation of the foregoing provisions shall be not less

than $100.00 or more than $1250.00 for each offense.

6. The Hotel and Motel Room Occupancy Taxes shall be collected on

behalf of the Town by the person collecting the rent from the hotel or transient

accommodation customer. Each person required to collect the tax herein imposed shall be

personally liable for the tax imposed, collected or required to be collected hereunder. Any

such person shall have the same right in respect to collecting the tax from a customer as if

the tax were a part of the rent and payable at the same time; provided that the chief

financial officer of the Town shall be joined as a party in any action or proceeding brought

to collect the tax.

8. A copy of this Ordinance shall be transmitted to the State Treasurer as

required by law.





BE IT FURTHER ORDAINED, Any ordinances or parts thereof in conflict with the



ATTEST: ADOPTED:

_________________ _________________________


Town Clerk Mayor

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Date: ____________________

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TOWN OF MORRISTOWN

ORDINANCE O-39-2019

AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 13 “HOUSING

AND PROPERTY MAINTENANCE”

WHEREAS, the Town of Morristown (the “Town”) desires to add a section to regulate

invasive plants;


Morristown, County of Morris, State of New Jersey, being the governing body thereof, that

Chapter 13 “Housing and Property Maintenance” to add a section to read as follows:

13-126 INVASIVE PLANTS

13-126.1 Purpose

The purpose of this Ordinance is to control the planting, growing, maintaining and/or

cultivating of invasive plant species, including but not limited to, bamboo, in the Town of

Morristown and to require barriers to prevent the spread of invasive plants into other areas of the

town.

13-126.2 Definitions.

As used in this Chapter, the following term shall have the meaning indicated:

Invasive Plants: shall mean all native and non-native vine and vegetation that grow out of

place and are competitive, persistent and pernicious. These plants may damage trees, vegetation

or structures. Examples include, but are not limited to, bamboo (spreading or running type),

burning bush. Japanese barberry, kudzu-vine and multi flora rose

Regulation of the Planting, Growing or Cultivating of Invasive Plants

All persons must control the growth of invasive plants. No person, resident, citizen,

property owner and/or tenant of the Town of Morristown shall plant, cultivate, or cause to grow,

any new invasive plants on any lot and/or parcel of ground anywhere within the geographic

boundaries of the Town of Morristown, except for where the root system of such bamboo plants

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is entirely contained within an above ground level planter, barrel, or other vessel of such design,

material and locations or the invasive plant is confined using a rhizome barrier.

13-126.4 Exception

The provisions of this Ordinance shall not apply to any land owner or possessor of said

land who, who prior to the effective date of this Ordinance, had any invasive plant species on

any property within the Town of Morristown limits. Notwithstanding the foregoing, all existing

plants should be contained by appropriate physical barriers to prevent the growth or spread of

existing invasive species beyond the boundaries of the land owner’s property.

13-126.5 Complaint Notice, Order for Removal and Compliance

Whenever a complaint is received by the Town of Morristown regarding the

encroachment of any invasive plant or root, or whenever the Town, on its own observations and

inspections, determines that there is an encroachment of an invasive plant or root on the property

of another land owner, or tenant in possession of the property, or both, a violation shall be given

to the owner of the property from which the invasive species has spread, in writing by certified

mail, return receipt requested, to remove or abate the same within thirty (30) days. The cost of

all remedies, including the removal of plantings of invasive plants, shall be borne by the property

owner.

13-126.6 Violations and Penalties

A. Any person violating the provisions of this chapter shall, upon conviction, be

punishable by a fine consistent with the general penalty in Chapter 1-5 and as determined by the

Municipal Court. The continuation of such violation for each successive day shall constitute a

separate offense, and the person or persons allowing or permitting the continuation of such

violation may be punished as provided above for each separate offense.

B. Notwithstanding any other penalty or fine which may be imposed under this

Chapter, if an owner fails to comply with the removal or abatement of an invasive plant, the

Town may thereafter remove or otherwise abate the planting and thereafter recover the costs of

such removal or abatement from the property owner by placing a lien against the property.





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BE IT FURTHER ORDAINED, Any ordinances or parts thereof in conflict with the



ATTEST: ADOPTED:

_________________ _________________________


Town Clerk Mayor

Date: ____________________

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TOWN OF MORRISTOWN

ORDINANCE O-40-2019

BOND ORDINANCE PROVIDING FOR HYDRORAKING AT FOOTES POND IN AND

BY THE TOWN OF MORRISTOWN, IN THE COUNTY OF MORRIS, NEW JERSEY,

APPROPRIATING $300,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF

$285,000 BONDS OR NOTES

BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF MORRISTOWN,

IN THE COUNTY OF MORRIS, NEW JERSEY (not less than two-thirds of all members

thereof affirmatively concurring) AS FOLLOWS:

Section 1. The improvement described in Section 3(a) of this bond ordinance is

hereby authorized to be undertaken by the Town of Morristown, in the County of Morris, New

Jersey (the "Town") as a general improvement. For the improvement or purpose described in

Section 3(a), there is hereby appropriated the sum of $300,000, including the sum of $15,000 as

the down payment required by the Local Bond Law. The down payment is now available by

virtue of provision for down payment or for capital improvement purposes in one or more

previously adopted budgets.

Section 2. In order to finance the cost of the improvement or purpose not covered by

application of the down payment, negotiable bonds are hereby authorized to be issued in the

principal amount of $285,000 pursuant to the Local Bond Law. In anticipation of the issuance of

the bonds, negotiable bond anticipation notes are hereby authorized to be issued pursuant to and

within the limitations prescribed by the Local Bond Law.

Section 3. (a) The improvement hereby authorized and the purpose for the financing

of which the bonds are to be issued is hydroraking at Footes Pond, including all work and

materials necessary therefor and incidental thereto.

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(b) The estimated maximum amount of bonds or bond anticipation notes to be issued for

the improvement or purpose is as stated in Section 2 hereof.

(c) The estimated cost of the improvement or purpose is equal to the amount of the

appropriation herein made therefor.

Section 4. All bond anticipation notes issued hereunder shall mature at such times as

may be determined by the chief financial officer; provided that no bond anticipation note shall

mature later than one year from its date, unless such bond anticipation notes are permitted to

mature at such later date in accordance with applicable law. The bond anticipation notes shall

bear interest at such rate or rates and be in such form as may be determined by the chief financial

officer. The chief financial officer shall determine all matters in connection with bond

anticipation notes issued pursuant to this bond ordinance, and the chief financial officer's

signature upon the bond anticipation notes shall be conclusive evidence as to all such

determinations. All bond anticipation notes issued hereunder may be renewed from time to time

subject to the provisions of the Local Bond Law or other applicable law. The chief financial

officer is hereby authorized to sell part or all of the bond anticipation notes from time to time at

public or private sale and to deliver them to the purchasers thereof upon receipt of payment of

the purchase price plus accrued interest from their dates to the date of delivery thereof. The chief

financial officer is directed to report in writing to the governing body at the meeting next

succeeding the date when any sale or delivery of the bond anticipation notes pursuant to this

bond ordinance is made. Such report must include the amount, the description, the interest rate

and the maturity schedule of the bond anticipation notes sold, the price obtained and the name of

the purchaser.

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Section 5. The Town hereby certifies that it has adopted a capital budget or a

temporary capital budget, as applicable. The capital or temporary capital budget of the Town is

hereby amended to conform with the provisions of this bond ordinance to the extent of any

inconsistency herewith. To the extent that the purposes authorized herein are inconsistent with

the adopted capital or temporary capital budget, a revised capital or temporary capital budget has

been filed with the Division of Local Government Services.

Section 6. The following additional matters are hereby determined, declared, recited

and stated:

(a) The improvement or purpose described in Section 3(a) of this bond ordinance is

not a current expense. It is an improvement or purpose that the Town may lawfully undertake as

a general improvement, and no part of the cost thereof has been or shall be specially assessed on

property specially benefitted thereby.

(b) The period of usefulness of the improvement or purpose within the limitations of

the Local Bond Law, according to the reasonable life thereof computed from the date of the

bonds authorized by this bond ordinance, is 15 years.

(c) The Supplemental Debt Statement required by the Local Bond Law has been duly

prepared and filed in the office of the Clerk, and a complete executed duplicate thereof has been

filed in the office of the Director of the Division of Local Government Services in the

Department of Community Affairs of the State of New Jersey. Such statement shows that the

gross debt of the Town as defined in the Local Bond Law is increased by the authorization of the

bonds and notes provided in this bond ordinance by $285,000, and the obligations authorized

herein will be within all debt limitations prescribed by the Local Bond Law.

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(d) An aggregate amount not exceeding $45,000 for items of expense listed in and

permitted under N.J.S.A. 40A:2-20 is included in the estimated cost indicated herein for the

purpose or improvement.

Section 7. The Town hereby declares the intent of the Town to issue bonds or bond

anticipation notes in the amount authorized in Section 2 of this bond ordinance and to use the

proceeds to pay or reimburse expenditures for the costs of the purposes described in Section 3(a)

of this bond ordinance. This Section 7 is a declaration of intent within the meaning and for

purposes of the Treasury Regulations.

Section 8. Any grant moneys received for the purpose described in Section 3(a)

hereof shall be applied either to direct payment of the cost of the improvement or to payment of

the obligations issued pursuant to this bond ordinance. The amount of obligations authorized but

not issued hereunder shall be reduced to the extent that such funds are so used.

Section 9. The chief financial officer of the Town is hereby authorized to prepare and

to update from time to time as necessary a financial disclosure document to be distributed in

connection with the sale of obligations of the Town and to execute such disclosure document on

behalf of the Town. The chief financial officer is further authorized to enter into the appropriate

undertaking to provide secondary market disclosure on behalf of the Town pursuant to Rule

15c2-12 of the Securities and Exchange Commission (the "Rule") for the benefit of holders and

beneficial owners of obligations of the Town and to amend such undertaking from time to time

in connection with any change in law, or interpretation thereof, provided such undertaking is and

continues to be, in the opinion of a nationally recognized bond counsel, consistent with the

requirements of the Rule. In the event that the Town fails to comply with its undertaking, the

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Town shall not be liable for any monetary damages, and the remedy shall be limited to specific

performance of the undertaking.

Section 10. The full faith and credit of the Town are hereby pledged to the punctual

payment of the principal of and the interest on the obligations authorized by this bond ordinance.

The obligations shall be direct, unlimited obligations of the Town, and the Town shall be

obligated to levy ad valorem taxes upon all the taxable real property within the Town for the

payment of the obligations and the interest thereon without limitation of rate or amount.

Section 11. This bond ordinance shall take effect 20 days after the first publication

thereof after final adoption, as provided by the Local Bond Law.

ATTEST: ADOPTED:

_________________ _________________________


Town Clerk Mayor

Date: ____________________

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TOWN OF MORRISTOWN

RESOLUTION R-146-2019



ENGINEERING SERVICES IN AN AMOUNT NOT TO EXCEED $427,513 AT THE

MORRISTOWN MUNICIPAL AIRPORT

WHEREAS, there are currently various improvements being made to the Morristown

Municipal Airport by and on behalf of the Town of Morristown, and by and on behalf of the

Town of Morristown’s Lessee, DM AIRPORTS, LTD.; and

WHEREAS, there is a need for the services of a professional engineer to provide

environmental and engineering services (“professional engineering services”) in connection with

those improvements, same being appointed as a fair and open contract pursuant to the

Competitive Contracting provisions of NJSA 40A:11-4.1 et seq., by the Town of Morristown;

and

WHEREAS, pursuant to Resolution R-212-2018, dated November 20, 2018, the Town

of Morristown awarded a professional engineering services contract to McFarland-Johnson, Inc.,

which contract is an open-ended contract pursuant to N.J.A.C. 5:30-11.10, and pursuant to which

payment for services shall be authorized by means of Task Orders; and

WHEREAS, in a letter dated September 16, 2019, attached hereto and made a part

hereof, DM AIRPORTS, LTD recommends that the Town authorize McFarland-Johnson Task

Order #1. The work to be performed pursuant to Task Order #1 consists of Rehabilitation of

Runway 5-23, Phase A Construction Administration and Inspection, together with reimbursable

expenses of sub-consultants; and

WHEREAS, the total expected cost for McFarland-Johnson Task Order #1 is $427,513;

and

WHEREAS, the funding Ordinance O-36-2019 has been or will be adopted by the Town

at the September 24, 2019 Council meeting, and will become effective in 20 days after its

adoption. While the Task Order #1 may be executed before the effective date of the Ordinance,

no work shall proceed under the Task Order until the effective date of the funding Ordinance,

and the Task Order will terminate and be void, with no liability on the Town, if, for any reason,

the funding Ordinance does not become effective; and

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WHEREAS, upon the adoption on second reading of funding Ordinance O-36-2019, and

running of the estoppel period on such Ordinance, funds will be available for this purpose and a

Certificate of Availability has been filed by the Chief Financial Officer of the Town of

Morristown with the Town Clerk in accordance with the Local Budget Law, N.J.S.A. 40A:4-57

and N.J.A.C. 5:30-5.4; and

WHEREAS, the funds available for this project are from the Federal Aviation

Administration FAA Grant, with a five (5%) percent contribution by the State of New Jersey

Department of Transportation (“NJDOT”), and a five (5%) percent contribution by DM

AIRPORTS, LTD., (the “DM Contribution”). In the event the NJDOT is not able to award a

grant for its five (5%) percent contribution, the DM Contribution will be increased to ten (10%)

percent, so as to ensure a total aggregate ten (10%) percent appropriation by DM on behalf of the

Town. (collectively, “Project Funding Sources”).

NOW, THEREFORE, BE IT RESOLVED, by the Town Council of the Town of

Morristown, being the governing body thereof, as follows:

1. The Town Council of the Town of Morristown, in accordance with the Local

Public Contracts Law, hereby authorizes and approves Task Order #1 pursuant to the

professional engineering services contract awarded to McFarland-Johnson, pursuant to a fair and

open process in accordance with the Competitive Contracting provisions of N.J.S.A. 40A:11-4.1

et seq., for professional engineering services at the Morristown Municipal Airport; and

2. The Mayor and Business Administrator are hereby authorized and directed to

execute, seal, and deliver Task Order #1 to the existing contract with McFarland-Johnson, on

behalf of and in the name of the Town of Morristown, which shall be on file at the Clerk’s office

in the Town of Morristown.

ATTEST: ADOPTED:

__________________________ __________________________

MARGOT G. KAYE , TOSHIBA FOSTER

TOWN CLERK COUNCIL PRESIDENT

I do hereby certify the above to be a true and exact copy of a Resolution duly passed and adopted by the Town

Council of the Town of Morristown at the Regular meeting of the Town Council held on September 24, 2019 in the

Morristown Council Room, 200 South Street, Morristown, New Jersey, beginning at 7:30 PM, prevailing time.

DATED: September 24, 2019 _______________________________

Margot G. Kaye, Town Clerk

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TOWN OF MORRISTOWN













and


of Morristown awarded a professional engineering services contract to McFarland-Johnson, Inc.,

which contract is an open-ended contract pursuant to N.J.A.C. 5:30-11.10, and pursuant to which

payment for services shall be authorized by means of Task Orders; and


hereof, DM AIRPORTS, LTD recommends that the Town authorize McFarland-Johnson Task

Order #2. The work to be performed pursuant to Task Order #2 consists of Rehabilitation of

Runway 5-23, Phase B Final Design & Bidding, together with reimbursable expenses of sub-

consultants; and

WHEREAS, the total expected cost for McFarland-Johnson Task Order #2 is $339,145;

and







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and N.J.A.C. 5:30-5.4; and












professional engineering services contract awarded to McFarland-Johnson, pursuant to a fair and

open process in accordance with the Competitive Contracting provisions of N.J.S.A. 40A:11-4.1

et seq., for professional engineering services at the Morristown Municipal Airport; and


execute, seal, and deliver Task Order #2 to the existing contract with McFarland-Johnson, on

behalf of and in the name of the Town of Morristown, which shall be on file at the Clerk’s office

in the Town of Morristown.

ATTEST: ADOPTED:

__________________________ __________________________






DATED: September 24, 2019 _______________________________


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TOWN OF MORRISTOWN


RESOLUTION AUTHORIZING TASK ORDER #1 TO CONTRACT WITH DELTA

AIRPORT CONSULTANTS, INC. FOR PROFESSIONAL SERVICES FOR










and


of Morristown awarded a professional engineering services contract to Delta Airport

Consultants, Inc., which contract is an open-ended contract pursuant to N.J.A.C. 5:30-11.10, and

pursuant to which payment for services shall be authorized by means of Task Orders; and


hereof, DM AIRPORTS, LTD recommends that the Town authorize Delta Task Order #1. The

work to be performed pursuant to Task Order #1 consists of Rebidding and Construction

Administration for Runway 5-23 Rehabilitation, Phase A - Project together with reimbursable

expenses of sub-consultants; and

WHEREAS, the total expected cost for Task Order #1 is $510,000; and









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and N.J.A.C. 5:30-5.4; and












professional engineering services contract awarded to Delta Airport Consultants, pursuant to a

fair and open process in accordance with the Competitive Contracting provisions of N.J.S.A.

40A:11-4.1 et seq., for professional engineering services at the Morristown Municipal Airport;

and


execute, seal, and deliver Task Order #1 to the existing contract with Delta Airport Consultants,

on behalf of and in the name of the Town of Morristown, which shall be on file at the Clerk’s

office in the Town of Morristown.

ATTEST: ADOPTED:

__________________________ __________________________






DATED: September 24, 2019 _______________________________


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TOWN OF MORRISTOWN


RESOLUTION AUTHORIZING TASK ORDER #2 TO CONTRACT WITH DELTA

AIRPORT CONSULTANTS, INC. FOR PROFESSIONAL SERVICES FOR










and


of Morristown awarded a professional engineering services contract to Delta Airport

Consultants, Inc., which contract is an open-ended contract pursuant to N.J.A.C. 5:30-11.10, and

pursuant to which payment for services shall be authorized by means of Task Orders; and


hereof, DM AIRPORTS, LTD recommends that the Town authorize Delta Task Order #2. The

work to be performed pursuant to Task Order #2 consists of Runway 5-23 Rehabilitation, Phase

B - Repackaging, Bidding, and Finalize NAVAIDS Design for Phase C, together with

reimbursable expenses of sub-consultants; and

WHEREAS, the total expected cost for Task Order #2 is $301,000; and









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and N.J.A.C. 5:30-5.4; and












professional engineering services contract awarded to Delta Airport Consultants, pursuant to a

fair and open process in accordance with the Competitive Contracting provisions of N.J.S.A.

40A:11-4.1 et seq., for professional engineering services at the Morristown Municipal Airport;

and


execute, seal, and deliver Task Order #2 to the existing contract with Delta Airport Consultants,

on behalf of and in the name of the Town of Morristown, which shall be on file at the Clerk’s

office in the Town of Morristown.

ATTEST: ADOPTED:

__________________________ __________________________






DATED: September 24, 2019 _______________________________


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TOWN OF MORRISTOWN


RESOLUTION AUTHORIZING AWARD OF CONTRACT TO PETILLO, INC., FOR

THE IMPROVEMENTS OF THE RUNWAY 5-23 SAFETY AREA(SITE PREP), PHASE

III PROJECT AT THE MORRISTOWN MUNICIPAL AIRPORT IN THE AMOUNT OF

$6,716,051

WHEREAS, the Town of Morristown authorized the acceptance of bids for the Improve

Runway 5-23 Safety Area (Site Prep), Phase III construction project at the Morristown

Municipal Airport, and on June 26, 2019 received one bid therefore; and

WHEREAS, the bid received was as follows:

BIDDER: TOTAL:

Petillo, Inc. (“Petillo”) $6,716,051

WHEREAS, in a letter dated September 16, 2019, and the memoranda attached thereto,

DM AIRPORTS, LTD, recommends that the Town award Petillo this contract for Improve

Runway 5-23 Safety Area (Site Prep), Phase III Construction for the bid price of $6,716,051, and

the Mayor and Town Council have indicated their agreement with said recommendation; and

WHEREAS, funds are available for this purpose and a Certificate of Availability has

been filed by the Chief Financial Officer of the Town of Morristown with the Town Clerk in

accordance with the Local Budget Law, N.J.S.A. 40A:4-57 and N.J.A.C. 5:30-5.4, subject to the

next WHEREAS paragraph below; and

WHEREAS, the funding Ordinance has been or will be adopted by the Town at the

September 24, 2019 Council meeting, and will become effective in 20 days after its adoption.

While the contract may be executed before the effective date of the Ordinance, no work shall

proceed under the contract until the effective date of the funding Ordinance, and the contract will

terminate and be void, with no liability on the Town, if, for any reason, the funding Ordinance

does not become effective; and

WHEREAS, the funds available for this Project are from the Federal Aviation





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Morristown, being the governing body thereof, that the bid and contract be and hereby is

awarded to Petillo, Inc., 167 Flanders Netcong Road, Flanders, New Jersey 07836, for the

Runway 5-23 Phase A Construction for the bid price of $6,716,051; and

BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute and the

Town Clerk to witness a contract with Petillo for the Improve Runway 5-23 Safety Area (Site

Prep), Phase III Construction for the bid price of $6,716,051.

ATTEST: ADOPTED:

__________________________ __________________________






DATED: September 24, 2019 _______________________________


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TOWN OF MORRISTOWN


CORRECTIVE ACTION PLAN FOR 2018 AUDIT

BE IT RESOLVED, by the Town Council in the Town of Morristown in the County of

Morris, State of New Jersey, that the corrective action plan attached hereto be accepted; and

BE IT FURTHER RESOLVED, that a certified copy of this resolution as approved be filed with the Director of the Division of Local Government Services within 5 days of adoption.

ATTEST: ADOPTED:

__________________________ __________________________






DATED: September 24, 2019 _______________________________


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TOWN OF MORRISTOWN


RESOLUTION RE: GOVERNING BODY CERTIFICATION OF THE ANNUAL AUDIT

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 December 31, 2018 has been filed by a Registered Municipal Accountant with the Municipal Clerk pursuant to 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 regulations 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 ($1,000.00) or imprisoned for not more than one year, or both, in addition shall forfeit his office.

NOW, THEREFORE BE IT RESOLVED, That the Town Council of the Town of Morristown, 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.

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CERTIFICATION OF GOVERNING BODY OF THE ANNUAL AUDIT

GROUP AFFIDAVIT FORM

NO PHOTO COPIES OF SIGNATURES

STATE OF NEW JERSEY

COUNTY OF MORRIS

We, members of the governing body of the Town of Morristown of, in the County of Morris,

being duly sworn according to law, upon our oath depose and say:

1. We are duly elected (or appointed) members of the Town Council of the Town of

Morristown 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 December 31, 2018;

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.)

(L.S.) (L.S.)

(L.S.) (L.S.)

(L.S.) (L.S.)

(L.S.) (L.S.)

ATTEST: ADOPTED:

__________________________ __________________________






DATED: September 24, 2019 _______________________________


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EXECUTIVE SESSION, IF ANY, BEGINS AT 7:00 PM

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Transcript of EXECUTIVE SESSION, IF ANY, BEGINS AT 7:00 PM