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MINUTES – MENDHAM TOWNSHIP COMMITTEE Mayor Krieg called the meeting to order at ROLL CALL
Present:
Mayor Krieg, Mr. Pierson, Mr.
Phelan,
Mr. Schrier, Ms. Florek
Absent:
Also Present: Roger S. Clapp,
Esq., Township Attorney
Penny Newell, Township Clerk SALUTE TO THE FLAGMayor Krieg read the following statement: STATEMENT OF ADEQUATE NOTICE:
“Adequate notice of this meeting of the Township Committee of the
Township of Mendham was given as required by the Open Public Meetings Act as
follows: Notice was given to the Observer
Tribune and the Daily Record on APPROVAL OF MINUTES -
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|
Year |
Principal
Amount |
Year |
Principal
Amount |
|
2006 |
$525,000 |
2011 |
$375,000 |
|
2007 |
400,000 |
2012 |
375,000 |
|
2008 |
375,000 |
2013 |
375,000 |
|
2009 |
375,000 |
2014 |
375,000 |
|
2010 |
375,000 |
2015 |
324,000 |
The Bonds are not subject to redemption prior to
maturity. The Bonds shall be ten in
number, with one certificate being issued for each year of maturity and shall be
numbered GI-1 to GI-10, inclusive.
Section 2.
The Bonds will be issued in fully registered form.
One certificate shall be issued for the aggregate principal amount of
Bonds maturing in each year. Both
principal of and interest on the Bonds will be payable in lawful money of the
United States of America. Each
certificate will be registered in the name of Cede & Co., as nominee of The
Depository Trust Company, New York, New York, which will act as securities
depository (the "Securities Depository").
The certificates will be on deposit with The Depository Trust Company.
The Depository Trust Company will be responsible for maintaining a
book-entry system for recording the interests of its participants or the
transfers of the interests among its participants.
The participants will be responsible for maintaining records regarding
the beneficial ownership interests in the Bonds on behalf of individual
purchasers. Individual purchases may
be made in the principal amount of any multiple of $1,000 (with a minimum
purchase of $5,000 required) through book-entries made on the books and records
of The Depository Trust Company and its participants.
The Bonds will bear interest payable semiannually on the fifteenth day of
April and October in each year until maturity, commencing on October 15, 2005,
at a rate or rates per annum, expressed in a multiple of 1/8 or 1/20 of 1% and
proposed by the successful bidder in accordance with the Notice of Sale
authorized herein.
The principal of and the interest on the Bonds will be paid to the
Securities Depository by the Township on the respective maturity dates and due
dates and will be credited on the respective maturity dates and due dates to the
participants of The Depository Trust Company as listed on the records of The
Depository Trust Company as of each next preceding April 1 and October 1 (the
"Record Dates" for the Bonds). The
Bonds shall be executed by the manual or facsimile signature of the Mayor and
Chief Financial Officer of the Township under the official seal or facsimile
thereof affixed, printed, engraved or reproduced thereon and attested by the
manual signature of the Clerk of the Township. The following matters are hereby
determined with respect to the Bonds:
Date of Bonds:
June 15, 2005
Interest Payment
Dates:
Each April 15 and October 15, until maturity, commencing on October 15,
2005
Section 3. The Bonds
shall be substantially in the following form with such additions, deletions and
omissions as may be necessary for the Township to deliver and to market the
Bonds in accordance with the requirements of The Depository Trust Company and
the final terms of sale:
REGISTERED
REGISTERED
NUMBER GI-___
$__________
UNITED
STATES OF AMERICA
STATE OF NEW
JERSEY
COUNTY OF
MORRIS
TOWNSHIP OF
MENDHAM
GENERAL
IMPROVEMENT BOND
|
DATED DATE: |
MATURITY DATE: |
RATE OF INTEREST PER ANNUM: |
CUSIP: |
|
6/15/2005 |
4/15/20__ |
_______% |
___ ______ |
TOWNSHIP OF MENDHAM, in the County of Morris, New Jersey (the
“Township”) hereby acknowledges itself indebted and for value received
promises to pay to CEDE & CO., as nominee of The Depository Trust Company,
which will act as Securities Depository, on the Maturity Date specified above,
the principal sum of ________________________ DOLLARS ($____________), and to
pay interest on such sum from the Dated Date of this bond at the Rate of
Interest Per Annum specified above semiannually on the fifteenth days of April
and October in each year until maturity, commencing on October 15, 2005.
Interest on this bond will be paid to the Securities Depository by the
Township and will be credited to the participants of The Depository Trust
Company as listed on the records of The Depository Trust Company as of the April
1 and October 1 next preceding the date of such payments (the "Record
Dates" for such payments). Principal
of this bond, upon presentation and surrender to the Township, will be paid to
the Securities Depository by the Township and will be credited to the
participants of The Depository Trust Company.
This bond is not transferable as to principal or interest except to an
authorized nominee of The Depository Trust Company.
The Depository Trust Company shall be responsible for maintaining the
book-entry system for recording the interests of its participants or the
transfers of the interests among its participants.
The participants are responsible for maintaining records regarding the
beneficial ownership interests in the bonds on behalf of individual purchasers.
The bonds of this issue are not subject to redemption prior to their
stated maturities.
This bond is one of an authorized issue of bonds and is issued pursuant
to Title 40A, Chapter 2 of the New Jersey Statutes and a resolution adopted by
the Township on May 9, 2005 entitled “Resolution Providing for the Combination
of Certain Issues of General Improvement Bonds of the Township of Mendham, in
the County of Morris, New Jersey into a single issue of Bonds Aggregating
$3,874,000 in Principal Amount,” and the various bond ordinances referred to
therein, each in all aspects duly approved and published as required by law.
The full
faith and credit of the Township are hereby irrevocably pledged for the punctual
payment of the principal of and the interest on this bond according to its
terms.
It is hereby certified and recited that all conditions, acts and things
required by the constitution or the statutes of the State of New Jersey to
exist, to have happened or to have been performed precedent to or in the
issuance of this bond exist, have happened and have been performed and that the
issue of bonds of which this is one, together with all other indebtedness of the
Township is within every debt and other limit prescribed by such constitution or
statutes.
IN WITNESS WHEREOF, THE TOWNSHIP OF MENDHAM, in the County of Morris, New
Jersey has caused this bond to be executed in its name by the manual or
facsimile signature of its Mayor and its Chief Financial Officer, its corporate
seal to be hereunto imprinted or affixed, this bond and the seal to be attested
by the manual signature of its Township Clerk, and this bond to be dated the
Dated Date as specified above.
TOWNSHIP
OF MENDHAM
[SEAL]
By:
(Facsimile)_____
ATTEST:
Mayor
By:__________________
By:
(Facsimile)_____
Clerk
Chief Financial Officer
Section 4.
The Bonds shall be sold on June 8, 2005 by electronic open auction with
the two minute extension rule upon the terms and the conditions set forth in and
described in the Full Notice of Sale authorized below and set forth in Exhibit A
attached hereto (the “Full Notice of Sale”).
The Full Notice of Sale shall be posted in full on Grant Street Group’s
MuniAuction Website (“MuniAuction”). The Township Clerk is hereby directed
to arrange for the publication of the Short Notice of Sale authorized below and
set forth in Exhibit B attached hereto (the “Short Notice of Sale”) and the
Summary Notice of Sale authorized below and set forth in Exhibit C (the
“Summary Notice of Sale”). The
Notices of Sale shall be posted and published as required by law not less than
seven days prior to the date of sale. The
full Notice of Sale shall be substantially in the form attached hereto as
Exhibit A, the Short Notice of Sale shall be substantially in the form attached
hereto as Exhibit B, and the Summary Notice of Sale shall be substantially in
the form attached hereto as Exhibit C, each with such additions, deletions and
omissions as may be necessary for the Township to market the Bonds in accordance
with the requirements of The Depository Trust Company and MuniAuction.
The Short Notice of Sale shall be published in Daily
Record and the Summary Notice of Sale shall be published in The Bond
Buyer, a financial newspaper published and circulating in the City of New
York, New York.
Section 5.
The Township hereby designates the Chief Financial Officer as the officer
to sell and to award the Bonds and to act on behalf of the Township in
accordance with the Notices of Sale authorized herein, and the Chief Financial
Officer shall report in writing the results of the sale to this Township
Committee as required by law.
Section 6.
The Bonds shall have printed thereon a copy of the written opinion with
respect to the Bonds that is to be rendered by the law firm of McManimon &
Scotland, L.L.C., (“Bond Counsel”) complete except for omission of its date.
Section 7.
Bond Counsel is authorized to arrange for the printing of the Bonds and
the printing and the posting of the Official Statement to be prepared in
connection with the sale of the Bonds and to arrange for the distribution of the
preliminary Official Statements on behalf of the Township to those financial
institutions that customarily submit bids for such Bonds.
The Township Auditor and Bond Counsel are authorized to assist in the
preparation of the Official Statement necessary in connection with the issuance
of the Bonds, and the Mayor and Chief Financial Officer of the Township are
authorized to execute any certificates necessary in connection with the
distribution of the Official Statement. Such
Official Statement may be distributed in preliminary form and deemed final for
purposes of Rule 15c2-12 of the Securities and Exchange Commission on behalf of
the Township by the Chief Financial Officer or Mayor.
Final Official Statements shall be delivered to the purchaser of the
Bonds within the earlier of seven business days following the sale of the Bonds
or to accompany the purchaser's confirmations that request payment for the
Bonds. Bond Counsel and the Township
Auditor are further authorized to arrange on behalf of the Township for a rating
for the Bonds from Moody’s Investors Service.
Section 8.
The Township hereby covenants that it will comply with any conditions
subsequent imposed by the Internal Revenue Code of 1986, as amended, (the
“Code”) in order to preserve the exemption from taxation of interest on the
Bonds, including the requirement to rebate all net investment earnings on the
gross proceeds above the yield on the Bonds, if necessary.
Section 9.
The Mayor or the Chief Financial Officer are hereby authorized to make
representations and warranties, to enter into agreements and to make all
arrangements with The Depository Trust Company, New York, New York, as may be
necessary in order to provide that the Bonds will be eligible for deposit with
The Depository Trust Company and to satisfy any obligation undertaken in
connection therewith.
Section 10.
In the event that The Depository Trust Company may determine to
discontinue providing its service with respect to the Bonds or is removed by the
Township and if no successor Securities Depository is appointed, the Bonds that
were previously issued in book-entry form shall be converted to registered bonds
(the "Registered Bonds") in denominations of any integral multiple of
$5,000, except that an amount maturing in any one year in excess of the largest
principal amount thereof equaling a multiple of $5,000 will be in denominations
of $1,000, or any integral multiple thereof.
The beneficial owner under the book-entry system, upon registration of
the Bonds held in the beneficial owner's name, will become the registered owner
of the Registered Bonds. The
Township shall be obligated to provide for the execution and delivery of the
Registered Bonds in certificated form.
Section 11. Solely
for purposes of complying with Rule 15c2-12 of the Securities and Exchange
Commission, as amended and interpreted from time to time (the "Rule"),
and provided that the Bonds are not exempt from the Rule and provided that the
Bonds are not exempt from the following requirements in accordance with
paragraph (d) of the Rule, for so long as the Bonds remain outstanding (unless
the Bonds have been wholly defeased), the Township shall provide for the benefit
of the holders of the Bonds and the beneficial owners thereof:
(a)
on or prior to July 1 of each fiscal year, commencing July 1, 2006, to
each nationally recognized municipal securities information repository
("National Repository") and to the appropriate State information
depository ("State Repository"), if any, annual financial information
with respect to the Township consisting of the audited financial statements (or
unaudited financial statements if audited financial statements are not then
available, which audited financial statements will be delivered when and if
available) of the Township and certain financial information and operating data
consisting of (1) Township and overlapping indebtedness including a schedule of
outstanding debt issued by the Township; (2) the Township's most current adopted
budget; (3) property valuation information for property located within the
Township; and (4) tax rate, levy and collection data.
The audited financial statements will be prepared in accordance with
modified cash accounting principles as mandated by State of New Jersey statutory
principles in effect from time to time or with generally accepted accounting
principles, as modified by governmental accounting standards as May be required
by New Jersey law;
(b) in a timely manner to each National Repository or to the Municipal Securities Rule-making Board, and to the State Repository, if any, notice of the following events with respect to the Bonds, if material (herein "Material Events"):
(1)
Principal and interest payment delinquencies on the Bonds;
(2)
Non-payment related defaults;
(3)
Unscheduled draws on debt service reserves reflecting financial
difficulties;
(4)
Unscheduled draws on credit enhancements reflecting financial
difficulties;
(5)
Substitution of credit or liquidity providers, or their failure to
perform;
(6)
Adverse tax opinions or events affecting the tax-exempt status of the
security;
(7)
Modifications to rights of security holders;
(8)
Bond calls;
(9)
Defeasances;
(10)
Release, substitution, or sale of property securing repayment of the
securities; and
(11)
Rating changes;
(c)
in a timely manner to each National Repository or to the Municipal
Securities Rule-making Board, and to the State Repository if any, notice of
failure of the Township to provide required annual financial information on or
before the date specified above.
Section 12. If
all or any part of the Rule ceases to be in effect for any reason, then the
information required to be provided under this resolution, insofar as the
provisions of the Rule no longer in effect required the provision of such
information, shall no longer be required to be provided.
Section 13. The
Chief Financial Officer shall determine, in consultation with Bond Counsel, the
application of the Rule or the exemption from the Rule for each issue of
obligations of the Township prior to their offering.
Such officer is hereby authorized to enter into additional written
contracts or undertakings to implement the Rule and is further authorized to
amend such contracts or undertakings or the undertakings set forth in this
resolution, provided such amendment is, in the opinion of nationally recognized
bond counsel, in compliance with the Rule.
Section 14. In
the event that the Township fails to comply with the Rule requirements or the
written contracts or undertakings specified in this resolution, the Township
shall not be liable for monetary damages, remedy being hereby specifically
limited to specific performance of the Rule requirements or the written
contracts or undertakings therefor.
Section 15. The Chief
Financial Officer is authorized to invest the proceeds of the Bonds in
investment obligations or deposits as permitted in accordance with law.
The Chief Financial Officer and other appropriate representatives of the
Township are authorized to take all other actions on behalf of the Township
necessary for the sale and the delivery of the Bonds in accordance with this
resolution.
Section 17.
This resolution amends and supercedes the “Resolution
Determining the Form and Other Details of $5,184,000 General Obligation Bonds
Consisting of $3,874,000 General Improvement Bonds and $1,310,000 Sewer Utility
Bonds of the Township of Mendham, In the County of Morris, New Jersey and
Providing for their Sale” previously adopted by the Township Committee on
May 9, 2005.
Section 18.
This resolution shall take effect immediately.
Mr. Mountain explained that this resolution amends a resolution adopted at the previous meeting. The previous resolution included the Mendham East obligations and he said it would make sense to defer those bonds in order to get the best rate.
Mr. Pierson made a motion to adopt R2005-73; Ms. Florek seconded the motion.
ROLL CALL – All present voted YES.
8. Resolution R2005-74 – to be held for future meeting.
9. Resolution R2005-75
RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM, IN THE COUNTY OF MORRIS, NEW JERSEY, APPOINTING ROSS JOHNSON TO THE POSITION OF PATROLMAN IN THE MENDHAM TOWNSHIP POLICE DEPARTMENT
WHEREAS, Ross Johnson has served as a Probationary Patrolman in the Mendham Township Police Department since May 25, 2004; and
WHEREAS, the Chief of Police has recommended the appointment of Ross Johnson as a permanent member of the Mendham Township Police Department; and
WHEREAS, the Township Committee finds and determines that Ross Johnson rendered satisfactory service as a Probationary Patrolman, meets all of the requirements for appointment as a permanent member of the Mendham Township Police Department and possesses all of the qualifications for such appointment.
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Mendham, in the County of Morris, New Jersey, as follows:
1. Ross Johnson is hereby appointed a permanent member of the Mendham Township Police Department with the rank of Patrolman. This appointment shall take effect May 25, 2005.
2. Commencing May 25, 2005, Patrolman Ross Johnson shall be compensated at the rate of $50,701.00 per year in accordance with the provisions of the current Agreement between the Township of Mendham and the Mendham Township Police Bargaining Unit.
3. Certified copies of this Resolution shall be forwarded by the Township Clerk to the Chief of Police, Patrolman Johnson and to the Township Chief Financial Officer.
Lt. Hughes reviewed Patrolman Johnson’s exemplary performance during his probationary year and recommended his permanent appointment.
Mr. Pierson made a motion to adopt R2005-75; Ms. Florek seconded the motion.
ROLL CALL – All present voted YES.
10. Resolution R2005-76
RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM, IN THE COUNTY OF MORRIS, NEW JERSEY, APPOINTING EMPLOYEE IN THE OFFICE OF THE BOROUGH AND TOWNSHIP OF MENDHAM MUNICIPAL COURT
WHEREAS, Ingrid O’Connor, has been employed on a temporary basis in the Office of the Borough and Township of Mendham Municipal Court; and
WHEREAS, the need has arisen for a permanent part-time employee and
Ingrid O’Connor has accepted the part-time position on a permanent basis.
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Mendham, that Ingrid O’Connor be hired for 20 hours per week at an hourly rate of $17.00, effective May 24, 2005.
Mr. Phelan made a motion to adopt R2005-76; Mr. Schrier seconded the motion.
ROLL CALL – All present voted YES.
11. Resolution R2005-77
RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM, IN THE COUNTY OF MORRIS, NEW JERSEY, APPOINTING SEASONAL EMPLOYEES TO THE DEPARTMENT OF PUBLIC WORKS
WHEREAS, a need has arisen for seasonal employees in the Department of Public Works; and
WHEREAS, it is the recommendation of the Superintendent of the Department of Public Works that Brian Smith and Daniel Pressl be hired as a seasonal employees in the Department of Public Works.
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Mendham, in the County of Morris, New Jersey, that Brian Smith be hired as a seasonal employee at an hourly salary of $8.50 effective June 20, 2005 and Daniel Pressl be hired as a seasonal employee at an hourly salary of $8.00 effective June 13, 2005.
Mr. Phelan asked if summer employees were subject to drug tests. Mr. Mountain explained that only those employees with a CDL were subject to random drug testing. Lt. Hughes was asked for his thoughts and he recommended a background check. Mr. Phelan asked Mr. Mountain to look into background checks and drug testing for all Township employees.
Mr. Phelan made a motion to adopt R2005-77; Mr. Pierson seconded the motion.
ROLL CALL – All present voted YES.
12. Mayor Krieg reported that the Little League organization has approached him with a request for the Township to host the championship tournament this year. Mr. Mountain pointed out that the Little League organization may have to meet any costs associated with maintenance of the fields, any modifications to the backstop for height standards, port-a-johns, concession stand, etc. Mr. Phelan said this would be a good opportunity and recommended proceeding with discussions.
13. Mr. Pierson distributed a document prepared by V. Valle Schloesser, a member of the Chester Borough governing body,that illustrates three alternatives for cost savings within the West Morris Regional High School District. Mayor Krieg reported that he continues to encourage cooperation by the other municipalities in a study to address the issue.
ADMINISTRATOR REPORT
1. Mr. Mountain will be distributing information about candidates for Township Engineer and asked the Committee members for confirmation of interview dates.
OPEN ITEMS LIST
The Open Items List was reviewed and updated.
CORRESPONDENCE
1.
NJDEP/proposed amendment
to Northeast WQMP
2.
NJLM/Legislative Viewpoint
3.
NJLM Fax Advisory (13)
4.
NJLM Legislative Bulletin
5.
Morris County
Administrator/2006 Municipal Alliance Funding
6.
Congressman Frelinghuysen/Picatinny
7.
Borough of Mendham/Labor
Day Parade
Mr. Shrier, Mr. Pierson, Ms. Florek and Mayor Krieg indicated they would participate in the Borough Labor Day Parade.
Mayor Krieg and Mr. Mountain will be attending the NJLM seminar regarding the Verizon infrastructure matter.
LEGISLATIVE REPORT
APPROVAL OF BILL LIST
The Township Committee approved the charges listed by department which list is attached hereto and made a part hereof.
HEARING PERSONS PRESENT
Upon motion duly made and seconded the meeting was opened to the public.
Alexandra Blissett, Student Council Rep., invited the governing body to support the Relay For Life Fundraiser at Mendham High School on June 24th.
George McKinnell, representing Brookside Engine Co., asked if the Township has heard anything from FEMA.
No others present asked to be heard. Upon motion duly made and seconded the meeting was closed to the public.
Upon motion duly made and seconded the Committee went into closed session at 9:24 p.m. Scott Holzhauer was present to give the Committee an update on a tax appeal settlement; Mr. Mountain’s salary report was reviewed; several personnel matters were discussed; Mr. Mountain updated the Committee regarding an acquisition of property matter.
Upon motion duly made and seconded the Committee returned to open session at 10:41 p.m.
The following resolutions were offered:
R2005-79
RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM, IN THE COUNTY OF MORRIS, NEW JERSEY, APPOINTING EMPLOYEE TO POSITION OF STREETS AND ROADS FOREMAN IN THE DEPARTMENT OF PUBLIC WORKS
WHEREAS, a vacancy has arisen in the position of Streets and Roads Foreman in the Department of Public Works; and
WHEREAS, it is the recommendation of the Township Administrator that David H. Read, Jr. be appointed to the position of Streets and Roads Foreman in the Department of Public Works.
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Mendham, in the County of Morris, New Jersey, that David H. Read, Jr. be appointed to the position of Streets and Roads Foreman in the Department of Public Works at an annual salary of $60,000 effective May 31, 2005.
Mr. Schrier made a motion to adopt R2005-79; Ms. Florek seconded the motion.
ROLL CALL – All present voted YES.
R2005-80
RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM, IN THE COUNTY OF MORRIS, NEW JERSEY, ESTABLISHING SALARIES FOR OFFICERS AND EMPLOYEES OF THE TOWNSHIP FOR 2005
BE IT RESOLVED by the Township Committee of the Township of Mendham, that the following named persons be paid the salaries indicated which are within the ranges set forth in Ordinance 6-2005 that was duly adopted on May 24, 2005:
name
title
2005
salary