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HomeMy Public PortalAboutr 06:095 2Rcsalutialt af f~c 'l&arau£~ af OIarfcref, ~ ~ 3J ~ No. #06-g Ó Date of AdoptionMarch 2. 2006 AUTHORIZING THE CARTERET PLANNING BOARD TO CONDUCT A STUDY AND MAKE A RECOMMENDATION AS TO WHETHER A PROPOSED FEDERAL BOULEVARD REDEVELOPMENT AREA- PHASE illS IN NEED OF REDEVELOPMENT PURSUANT TO THE LOCAL REDEVELOPMENT AND HOUSING LAW, N.J.S.A. 40A: I2A-I, ET SEQ., AND AUTHORIZING BEACON PLANNING AND CONSULTING SERVICES TO PROVIDE PROFESSIONAL PLANNING SERVICES TO ASSIST IN THIS EFFORT WHEREAS, by Resolutions #05-243, adopted on August 11, 2005, the Mayor and Council of the Borough of Carterct ("Borough Council") authorized and directed the Planning Board of the Borough of Carteret (the "Planning Board") to undertake, a preliminary investigation to detennine whether certain designated properties ("Delineated Area") met the criteria set forth in the New Jersey Redevelopment and Housing Law, N.J.S.A. 40A: 12A-l et seq. ("Redevelopment Law"), for being detem1incd to be an "area in need of redevelopment" as therein defined; and \VHEREAS, after providing requisite notice, the P]anning Board held a hearing on October 26, 2005, to review the results of the preliminary investigation and to solicit public comment on whether the Planning Board shou1d recommend to the Borough Council that the Delineated Area be determined to be an "area in need of redevelopment"; and WHEREAS, at the public hearing, the Planning Board considered the testimony of and exhibits furnished by a license professional planner from Beacon Planning and Consulting Services, LLC, the author of the Redevelopment Area Assessment Report for the DeJineated Area, dated October 2005, and afforded all interested members of the public an opportunity to make inquire into and give testimony conceming the boundaries of the proposed Delineated Area and whether said area should be detennined to be a redevelopment area; and \VHEREAS, the Planning Board, by a Resolution of Findings and Conclusions, PB-OS-012, recommended to the Borough Council, pursuant to Section 6 of the Redevelopment Law, that the Delineated Area, be determined to be an "area in need of redevelopment", finding that said properties met at least three (2) of the statutory criteria to be an area considered in need of redevelopment all as set forth in the Assessment Report prepared by Victor Funnanec, P.P., of Beacon Planning;- and \VlIEREAS, the Borough Council gave due consideration to the recommendation of the Planning Board and found that the Planning Board's recommendation was supported by substantial evidence; and \VHEREAS, pursuant to Section 6(5) of the Redevelopment Law the Borough Council, by Resolution # 06-47, adopted on January 26, 2006 designated the above-described por1ions of the Delineated Area as the Federal Boulevard Redevelopment Area; and WHEREAS, the Borough desires to detem1ine whether certain addition properties listed on Exhibit "A" attached hereto ("Delineated Area-Phase II") meet the criteria set forth in the New Jersey Redevelopment and Housing Law, N.J.S.A. 40A: 12A-l et seg. ("Redevelopment Law"), for being detennined to be an "area in need of redevelopment" as therein defined and justifying their inclusion in a potential Federal Boulevard Redevelopment Area-Phase II. NO. .#-nh_q ') PAGE 2 of 2 NOW, THEREFORE BE IT RESOLVED by the Mayor and Council.of the Borough of Carteret that the Carteret Planning Board ("Plæming Board") is hereby authorized and directed to undertake a preliminary investigation to determine whether the Delineated Area-Phase II (Federal Boulevard Redevelopment Area- Phase II) meet the criteria set forth in the Redevelopment Law, for being determined to be an "area in need of redevelopment" as therein defiI1ed. BE IT FURTHER RESOLVED that Beacon Plalming and Consulting Services, LLC, Colts Neck, New Jersey is hereby authorized and directed to assist with the Planning Board's preliminary investigation by preparing a Redevelopment Area Assessment Report for the Delineated Area- Phase II· and presenting its findings and conclusions to the Planning Board for its evaluation and consideration pursuant to the provisions of Redevelopment Law. BE IT FURTHER RESOLVED that the award of a professional services contract to Beacon Planning for the above-described professional planning services is hereby approved at a total cost not to exceed $4,000.00, subject to the certification of funds for the same by the Borough's Chief Financial Officer. Adopted this 2"d day of March, 2006 and certified as a true copy of the original on March 3, 2006. KATHLEEN M. BARNEY, RMC/CMC Municipal Clerk --- RECORD OF COUNCIL VOTE COUNCILi\'fAN YES NO NV A.D. COUNCILMAN YES NO NV A.B. 8.l:L K s ---'L.._ X· IndicJte Vote liB· Absent NV - Not Voting XOR - InrJirates Vote to Overrule Veto c c Adopted at a meeting of the Municipal Council #&¿;'-9'c- 3~>--é)6 BEACON PLANNING & CONSUltiNG SERVICES, U.C. Colts Towne Plaza, Suite 207 41 State Highway 34 South Colts Neck, New Jersey 07722 Tel. 732.845.8103 Fax 732,845.8104 February 24,2006 The Honorable Daniel Reiman Mayor, Borough of Carteret 61 Cooke Avenue Carteret, New Jersey 07008 re: Proposal for Professional Planning Services Redevelopment Area Assessment Federal Boulevard Redevelopment Area (Phase 2) Our file #A06032 Al!"!\pi\''':\",",1!n~n 1\ ¡¿¡' , ~ '~d.J ~ ..~,.\ ¡: :", g ] .~ nvîiL~.1 Dear Mayor Reiman: It is our understanding the Borough of Carteret seeks professional planning services to assist in the preparation of a preliminary investigation of the above-referenced area in order to comply with the requirements of New Jersey's Local Redevelopment and Housing Law. Towards that end, we are pleased to submit the following proposal for your review and consideration: Backl!round: The New Jersey Urban Redevelopment Act created the New Jersey Redevelopment Authority (NJRA) in 1996 to spearhead economic development efforts in New Jersey communities. The Act requires locations under consideration as "Redevelopment Areas" to undergo a preliminary investigation to detennine whether certain lands in the designated location meet the criteria for consideration as a "Redevelopment Area" in accordance with the Local Redevelopment and Housing Law (N.J.S.A. 40A:12 A-2 et seq.). Designation as a "Redevelopment Area" enhances the economic incentive to pursue opportunities within the designated district and empowers the redevelopment agency with enhanced authority to enact the plan. The availability of the various programs offèred by the NJRA within "Redevelopment Areas" further reinforces investment opportunities. Pursuant to NJ.S.A. 40A:12A-6a, no area of a municipality shall be detennined a redevelopment area unless the governing body of the municipality shall, by resolution, authorize the planning board to undertake a preliminary investigation to detennine whether the proposed area meets the criteria for a redevelopment designation as set forth in the Act. The Local Redevelopment and Housing Law (40A:12A-5) requires that at least one of the following conditions be met for an area to be found in need of redevelopment: I. The generality of the buildings in the area are substandard, unsafe, unsanitary, dilapidated, or obsolescent, or possess any of these characteristics, or are so lacking in light, air or space that they are conducive to unwholesome living or working conditions; or 2. The discontinuance of the use of buildings previously used for commercial, manufacturing, or industrial purposes; the abandonment of such buildings; or the same being allowed to fall into so great a state of disrepair as to be untenantable; or 3. Land that is owned by the municipality, the county, a local housing authority, redevelopment agency or redevelopment entity, or unimproved vacant land that has remained so for a period of ten years prior to adoption of the resolution, and that by reason of its location, remoteness, lack of means of access to developed sections or portions of the municipality, or topography, or nature of the soil, is not likely to be developed through the instrumentality of private capital; or 4. Areas with buildings or improvements which, by reason of dilapidation, obsolescence, overcrowding, faulty arrangement, or design, lack of ventilation, light and sanitary facilities, excessive land coverage, deleterious land use or obsolete layout, or and combination of these or other factors, are detrimental to the safety, health, morals, or welfare of the community; or 5. A growing lack or total lack of proper utilization of areas caused by the condition of the title, diverse ownership of the real property therein or other conditions, resulting in a stagnant or not fully productive condition of the land potentially useful and valuable for contributing to and serving the public health, safety and welfare; or 6. Areas, in excess of five contiguous acres, whereon buildings or improvements have been destroyed, consumed by fire, demolished or altered by the action of stonn, fire, cyclone, tornado, earthquake or other casualty in such a way that the aggregate assessed value of the area has been materially depreciated; or 7. In any municipality in which an enterprise zone has been designated pursuant to the "New Jersey Urban Enterprise Zones Act," P.L.1983, c.303 (C.52:27H-60 et seq.) the execution of the actions prescribed in that act for the adoption by the municipality and approval by the New Jersey Urban Enterprise Zone Authority of the zone development plan for the area of the enterprise zone shall be considered sufficient for the detennination that the area is in need of redevelopment pursuant to sections 5 and 6 of P.L. I 992, c.79 (C.40A:12A-5 and 40A:12A-6) for the purpose of granting tax exemptions within the enterprise zone district pursuant to the provisions of P.L.1991, c.431 (C.40A:20-1 et seq.) or the adoption of a tax abatement and exemption ordinance pursuant to the provisions of P.L. 1991, c.441 (C.40A:21-1 et seq.). The municipality shall not utilize any other redevelopment powers within the urban enterprise zone unless the municipal governing body and planning board have also taken the actions and fulfilled the requirements prescribed in P.L. I 992, c.79 (C.40A:12A-I et al.) for detennining that the area in need of redevelopment or an area in need of rehabilitation and the municipal governing body has adopted a redevelopment plan ordinance including the area of the enterprise zone; or 8. The designation of the delineated area is consistent with smart growth planning principles adopted pursuant to law or regulation. The designation of a redevelopment area can only be done with the cooperation of the Carteret Borough Council since no area of a municipality shall be detennined a redevelopment area unless the governing body of the municipality shall, by resolution, authorize the planning board to undertake a preliminary investigation to detennine whether the proposed area meets the criteria for a redevelopment designation as set forth in the Act. SCOPE OF SERVICES Area in Need of Redevelopment Assessment Upon authorization to proceed, Beacon will commence a preliminary investigation of the captioned properties and prepare a report of our findings. The area under consideration for designation as redevelopment area will be surveyed visually. Existing land uses will be established for the study area as well as adjacent neighborhoods. Preliminary boundaries will be established. Properties within the boundaries will be evaluated in the context of meeting the established objectives. Properties will be inventoried with recommendations for their role in the redevelopment effort. Each property will be reviewed under C.40A:12A-5 and our conclusions will be presented in tabular fonn with supporting documentation and/or photographs. Beacon will also prepare a map (utilizing existing surveyor tax map data) showing the boundaries of the proposed redevelopment area and the location of the various parcels of property included therein. The designation report will include a comprehensive list and description of properties within the area under investigation, an inventory of land uses within the study area and a list of property owners within the study area (prepared from Borough tax records). Beacon will present our findings at a public hearing before the Carteret Planning Board. Notices to interested or affected persons shall be the responsibility of the Planning Board. Beacon will participate in the public meetings in order to support the findings of the assessment and to respond to questions or comments from those members of the board or public in attendance. Upon completion of hearings on this matter, the Board will forward its recommendation to the Mayor and Council regarding whether the study area, or a portion thereof, qualifies for designation as an area in need of redevelopment. Beacon will attend a subsequent meeting of the governing body in order to address any questions regarding the designation prior to any action on this matter by the governing body. Our scope of our services anticipates attendance at one Planning Board meeting to present our findings, one Council meeting, and one meeting to present preliminary findings to Borough officials. Beacon will attend all other meetings on this matter on an as needed basis on a Time and Materials basis. Our proposal assumes reasonable access to the parcels in order to visually evaluate the property and the availability of certain background data such as property owner lists, tax maps, current zoning infonnation, and the like. Our services will be provided on a lump sum fee basis pursuant to the General Tenns and Conditions attached hereto and incorporated into this proposal for professional services. Our fee for the redevelopment assessment and the subsequent meeting attendance defined above will as follows: Redevelopment Area Assessment Report: $ 4,000.00 In addition, ordinary reimbursable expenses such a photocopying, reproduction, ordinance purchase, and overnight mail will be billed pursuant to the attached Schedule of Hourly Rates. We appreciate the opportunity to submit this proposal and look forward to working with you on this project. If you would like us to proceed as outlined, please sign where indicated below and return a copy of this Agreement to my attention. Once again, thank you for your continued consideration of Beacon Planning. Very truly yours, Victor Funnanec, P.P., AICP Principal Accepted and Agreed to this _ day of , 2006 By: Authorized Representative of the Borough of Carteret cc: Andrew W. Janiw, PP, AICP Robert Bergen, Esq. 2006 SCHEDULE OF HOURLY RATES Principals Project Professional Project Assistant Administrative Support Fax Standard reproduction (letter or legal size) Out-of-pocket expenses Outside services $125.00 per hour $115.00 per hour $ 85.00 per hour $ 55.00 per hour $0.25 per page $0.10 per page Cost plus 15% Cost plus 15% BEACON PLANNING AND CONSULTING SERVICES, L.L.C. GENERAL CONDITIONS OF SERVICE Client: Project: Borough of Carteret Federal Boulevard (Phase 2) Redevelopment Area Assessment A06032 February 24, 2006 Project Number: Date: 1.0 BILLING AND PAYMENT RETAINER. The Client shall make an initial retainer payment of $00.00 upon execution of this Agreement. Beacon Planning and Consulting Services, L.L.C. (Beacon) will hold and apply this retainer as defined in the proposal. REIMBURSABLE EXPENSES. Client shall pay Beacon for reimbursable expenses, including application fees, printing and reproduction, courier and express delivery service, bulk and special mailings, facsimite transmissions, computer design technology, specialized equipment and laboratory charges, costs of acquiring materials specifically for Client and related charges. The reimbursable expenses will be added to each monthly invoice. INVOICES. Beacon shall submit invoices monthly and payment in full is due upon presentation. Our invoices are due and payable upon receipt since there is generally a relatively significant time lag between the rendering of our services and the submission of our statement. INTEREST. If any invoice is not paid in full within thirty (30) days of receipt, the Client shall pay as interest an additional charge of one-and-one-half percent (1.5%) (or the maximum allowable by Jaw, whichever is lower) per month of the PAST DUE amount. Payment after that shall first be applied to accrued interest and then to the unpaid principal. COLLECTION COSTS. In the event legal action is necessary to enforce the payment provisions of this Agreement, Beacon shall be entitled to recover from the Client the reasonable attorneys' fees, court costs and expenses incurred by Beacon in connection therewith. SUSPENSION OF SERVICES. If the Client fails to make payments when due or otherwise is in breach of this Agreement, Beacon may suspend performance of services at any time after providing notice to the Client. Beacon shall have no liability whatsoever to the Client for any costs or damages as a result of such suspension mused by any breach of this Agreement by the Client. PAYMENT OF INVOICES. Payment of invoices is not subject to unilateral discounting or set-ofts by the Client, and payment for actual services rendered is due despite suspension or termination of this Agreement by either party. 2.0 FEE DURATION The proposed fees set forth in this Agreement shall be open for acceptance for sixty (60) days from the above date. If the Agreement is signed after that date, the proposed fees may be adjusted prior to commencement of services, subject to agreement by the Client and Beacon. The hourly rates charged for Beacon employees are adjusted annually in January to reflect changes in the various elements that comprise such hourly rates. All adjustments will be in accordance with generally accepted accounting practices as applied on a consistent basis by Beacon and consistent with Beacon's overall compensation practices and procedures Where Lump Sum Contracts are signed, and the services provided by Beacon extends beyond a date months after the date of the execution of this Agreement, the quoted prices shall be subject to an increase in accordance with the NY/NJ Consumer Price Index, using the date of this Agreement as a base, In the event that a Lump Sum Contract item is partially completed at such time that the lump sum price is to be adjusted, the balance of the lump sum fee still to be billed as of the anniversary date shall be increased based on the NY/NJ Consumer Price index as indicated above. 3.0 SCOPE OF SERVICES Descriptions of the Services to be provided by Beacon are set forth in the Proposal/Scope of Services. Services not set forth in the Scope of Services are excluded from the scope of Beacon's services and Beacon assumes no responsibility to perform such additional services under the base Contract. If additional work becomes necessary during the course of the project, Beacon can perform such Additional Services in accordance with a written Agreement between the Client and Beacon setting forth the additional services and fees. 4.0 STANDARD OF CARE The standard of care for services performed or furnished by Beacon under this Agreement will be the care and skill ordinarily used by members of the same profession practicing under similar conditions at the same time and in the same locality based on facts and information available at the time services are provided. 5.0 INSURANCE Beacon shall maintain, at, its own expense, Workers Compensation insurance, Comprehensive General Liability Insurance and Professional Liability Insurance at all times and will, upon request, furnish insurance certificates to the Client 6.0 CONSTRUCTION OBSERVATION SERVICES If the Scope of Services for this Agreement includes construction observation services, then the following provisions shall apply: A. During the project construction phase, Beacon shall consult with and advise Client and act as Client's representative as provided in the Scope of Services. The extent and limitations of the duties, responsibilities and authority of Beacon as outlined in the Scope of Services shall not be modified, except as Beacon and Client may otherwise agree in writing. B. Beacon's services during the Construction phase are intended to provide Client a greater degree of confidence that the Completed work of Contractor will conform in general to the approved plans and related documents and to provide a general opinion of value of work-in-place based on published references typically utilized in the industry. Beacon shall not, during visits to the project site or as a result of observation of Contractors work in progress, supervise, direct or have control over Contractor's work nor shall Beacon have authority over or responsibility for the means, methods, techniques, sequences or procedures of construction selected by Contractor, for safety precautions and programs incident to the work of Contractor or for any failure of Contractor to comply with laws, rules, regulations, ordinances, codes or orders applicable to Contractors furnishing and performing the work. Accordingly, Beacon neither guarantees the performance of any Contractor nor assumes responsibility for any Contractors failure to furnish and perform its work in accordance with the Contract Documents. 7.0 INDEMNIFICATION Beacon agrees subject to the provisions herein, to indemnify and hold the Client harmless from any damage, liability or cost to the extent caused solely by Beacon's negligent acts, errors or omissions in the performance of professional Services under this Agreement. The Client agrees to indemnify and hold Beacon harmless from any damage, liability or cost (including reasonable attorneys' fees and costs of defense) to the extent caused by the Client's negligent acts, errors or omissions and those of his or her contractors, subcontractors or consultants or anyone for whom the Client is legally liable. Beacon is not obligated to indemnify the Client for the Clients own negligence. 8.0 LIMITATION OF LIABILITY Client and Beacon recognize and agree that Beacon's liability for any and all claims or actions, regardless of how arising, shall be limited to the total sum of $25,000.00, or Beacon's total fee for services rendered on this project, whichever is less. Client hereby releases Beacon from any liability above such amount. Such claims and causes include, but are not limited to negligence, professional error or omissions, strict liability, breach of contract or breach of warranty. In no event shall Beacon be liable for any incidental, indirect or consequential damages, including commercial loss, or lost profits resulting from any Service furnished under this agreement. 9.0 OWNERSHIP AND REUSE OF DOCUMENTS AU reports, plans, specifications, computer files, field data, notes and other documents and instruments prepared by Beacon pursuant to this Agreement ("Documents") are and remain the property of Beacon as instruments of service with respect to this Agreement. The Documents are not intended or represented to be suitable for reuse by the Client or others m extensions of this project or on any other project. Any reuse of the Documents without the written approval by Beacon will be at the Clients sole risk and without liabitity or legal exposure to Beacon. The Client shall indemnify, defend and hold harmless Beacon from and against any claims, damages or losses including attorney's fees and costs, arising out of or resulting therefrom. Beacon grants to the Client and only the Client a non-exclusive, non-assignable and non-transferable license to reproduce, distribute and display the Documents, to the extent necessary for the Client to undertake the project. Beacon shall retain all common law, statutory and other reserved rights to the Documents, including the copyright thereto. Both the Client and Beacon agree that none of the services or Documents provided by Beacon are "work made for hire" as defined in the Copyright Act. 10.0 CONSEQUENTIAL DAMAGES Notwithstanding any other provision of the Agreement, neither party shall be liable to the other for any consequential damages incurred due to the fault of the other party, regardless of the nature of this fault or whether it was committed by the Client or Beacon, their employees, agents, subconsultants or subcontractors. Consequential damages include, but are not limited to, loss of use or profit. 11.0 DELAYS Beacon is not responsible for delays caused by factors beyond Beacon's reasonable control, including but not limited to delays because of strikes, lockouts, work slowdowns or stoppages, accidents, acts of God, failure of any governmental or other regulatory authority to act in a timely manner, failure of the Client to furnish timely information or to provide review comments promptly; or delays caused by faulty performance by the Client or by contractors of any level. When such delays beyond Beacon's reasonable control occur, the Client agrees that Beacon is not responsible for damages, nor shall Beacon be deemed to be in default of this Agreement. 12.0 CORPORATE PROTECTION It is intended by the parties to this Agreement that Beacon's services in connection with the project shall not subject Beacon's individual employees, officers or directors to any personal legal exposure for the risks associated with this project. Therefore, the Client agrees that as the Client's sole and exclusive remedy, any claim, demand or suit shall be directed and/or asserted only against Beacon, a New Jersey corporation, and not against any of Beacon's employees, officers or directors. 13.0 OVERTIME SERVICES For professional services billed on an hourly basis, Beacon shall bill all overtime services performed by hourly wage earners (non-exempt employees) at one and one-half (1 1/2) times the standard hourly rate. 14.0 OPINIONS OF PROBABLE COST OR VALUE OF WORK.IN-PLACE In reviewi.ng Beacon's opinions of probable construction cost or opinion of value of work-in-place, the Client understands that Beacon has no control over costs or the price of labor, equipment or materials, or over the Contractor's method of pricing, and that any opinions of probable construction costs or value of work-in-place provided by Beacon are to be made based on Beacon's quaHfications and experience as well as on published standards typically utilized in the industry. Beacon makes no warranty, expressed or implied, as to the accuracy of such opinions as compared to bid or actual costs. 15.0 HAZARDOUS MATERIALS It is acknowledged by both parties that Beacon's scope of services does not include any services related to asbestos or hazardous or toxic materials. In the event Beacon or any other party encounters asbestos or hazardous or toxic materials at the job site, or should it became known in any way that such materials may be present at the job site or any adjacent areas that may affect the performance of Beacon's services, Beacon may, at its sole option and without liability for consequential or any other damages, suspend performance of services on the project until the Client takes steps to identify, abate and/or remove the asbestos or hazardous or toxic materials, and to warrant that the job site is in full compliance with applicable laws. 16.0 GOVERNING LAW The laws of the State of New Jersey wiU govern the validity of this Agreement, its interpretation and performance. Any litigation arising in any way from this Agreement shall be brought in the Courts of New Jersey. 17.0 SURVIVAL All express representations, indemnifications or limitations of liability made in or given in this Agreement will survive the completion of all services of Beacon under this Agreement or the termination of this Agreement for any reason. 18.0 ENTIRE AGREEMENT This Agreement (consisting of (1) Proposal Scope of Services and (2) General Conditions) comprises the final and complete agreement between the Client and Beacon. It supersedes all prior or contemporaneous communications, representations, or Agreements, whether oral or written, relating to the subject matter of this Agreement. Execution of this Agreement signifies that each party has read the document thoroughly, has had the opportunity to have questions explained by independent counsel and is satisfied with the terms and conditions Contained herein. Amendments to this Agreement shall not be binding unless made in writing and signed by both the Client and Beacon. C:beacongencon