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MINUTES – MENDHAM TOWNSHIP COMMITTEE

 

Morris County , New Jersey

 

May 24, 2005

 

Mayor Krieg called the meeting to order at 7:30 p.m. in Township Hall, Brookside , New Jersey

 

ROLL CALL                           Present:         Mayor Krieg,  Mr. Pierson, Mr. Phelan,

                                                                        Mr. Schrier, Ms. Florek

 

                                                 Absent:

 

                                       Also Present:          Roger S. Clapp, Esq., Township Attorney

                                                                        Stephen Mountain , Township Administrator

                                                                        Penny Newell, Township Clerk

 

SALUTE TO THE FLAG

 

Mayor 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 January 10, 2005 ; Notice was posted on the bulletin board in Township Offices and Notice was filed with the Clerk on January 10, 2005 .”

 

APPROVAL OF MINUTES  - May 9, 2005 – Mr. Pierson made a motion to approve these minutes as written; Ms. Florek seconded the motion.  ROLL CALL – All present voted YES.

 

OLD BUSINESS

 

1.  Ordinance 6-2005 – Second Reading and Public Hearing

 

an ordinance fixing the salaries of certain officers and employees of the township of mendham , in the county of morris , new jersey

 

Upon motion duly made and seconded the meeting was opened to the public.  No one present asked to be heard. Upon motion duly made and seconded the meeting was closed to the public.

 

Mr. Schrier made a motion to adopt Ordinance 6-2005; Mr. Pierson seconded the motion. 

 

ROLL CALL – All present voted YES.

 

HEARING PERSONS PRESENT

 

Upon motion duly made and seconded the meeting was opened to the public.   No one present asked to be heard.  Upon motion duly made and seconded the meeting was closed to the public.

 

 

NEW BUSINESS

 

1.  Presentation by Township Engineer/Revised Proposal for Knollwood Trail Drainage

 

Tom Lemanowicz, Township Engineer, reviewed the 1998 report on the Knollwood Trail Drainage Project and presented an update including a proposal for an initial phase that would include replacing the existing 24” pipe with 48” pipe.  He noted that the Township had applied for a grant to aid in the funding of this project that could cost in excess of $500,000 in total.  The County has also been asked to contribute because it was felt that some water is coming from Mendham Road , however, no response to that request has been received.   After a lengthy discussion of various approaches to take regarding this drainage project, the Committee authorized Mr. Lemanowicz to prepare a proposal for a survey as the first step in designing a system to alleviate the existing problem.

 

2.  Resolution R2005-68

 

RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM , IN THE COUNTY OF MORRIS , NEW JERSEY , APPOINTING ON-CALL EMPLOYEE TO THE CONSTRUCTION DEPARTMENT

 

            WHEREAS, a need has arisen for a zoning officer to be available on an on-call basis to assist in the Construction Department; and

 

            WHEREAS, it is the recommendation of the Construction/Zoning Official that Elvira M. DeSimoni be hired as that on-call zoning official.

 

            NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Mendham , in the County of Morris , New Jersey , that Elvira M. DeSimoni be hired on an on-call basis at an hourly salary of $30.00 not to exceed $2500.00 annually effective May 24, 2005 .

 

Mr. Schrier made a motion to adopt R2005-68; Ms. Florek seconded the motion.

 

ROLL CALL – All present voted YES.

 

3.  Resolution R2005-69

 

RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM, IN THE COUNTY OF MORRIS, NEW JERSEY, AUTHORIZING PARTICIPATION IN THE MUNICIPAL ASSESSMENT PROCESS IN ACCORDANCE WITH THE NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION GRANT “IMPROVING THE UPPER RARITAN WATER QUALITY MANAGEMENT PLAN:  HIGHLANDS REGION”

            WHEREAS, the Township of Mendham is in part, located within the Raritan River Basin ; and

 

            WHEREAS, the Township of Mendham has through its plans, ordinances, regulations and practices expressed a commitment to improving the environmental quality of the community; and

 

            WHEREAS, the New Jersey Water Supply Authority in partnership with the Upper Raritan Watershed Association, the South Branch Watershed Association and the Planning Boards of Hunterdon, Morris and Somerset Counties has received a grant form the New Jersey Department of Environmental Protection entitled “Improving the Upper Raritan Water Quality Management Plan:  Highlands Region;” and

 

            WHEREAS, a stated goal of the grant is “….comprehensive adoption….of ordinances that help protect and preserve natural resources focusing on stream corridor, stormwater and non-point source pollution” using an innovative Municipal Assessment process; and

 

            WHEREAS, the planning process is guided by the local municipality and seeks to assess the community’s vision, evaluate municipal plans, ordinances, regulations and practices, and recommends tools and techniques which lead to an improved environment; and

 

            WHEREAS, the Township of Mendham will realize a substantial benefit from this planning process.

 

            NOW, THEREFORE, BE IT RESOLVED, that in consideration of the information contained herein, the Township Committee of the Township of Mendham hereby authorizes involvement of the Township’s Boards, Commissions and Committees in this planning process and designated Stephen P. Mountain, Township Administrator, as the lead contact with the Authority.

 

Mr. Schrier made a motion to adopt R2005-69; Mr. Pierson seconded the motion.

 

ROLL CALL – All present voted YES.

 

4.  Resolution R2005-70

 

RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM, IN THE COUNTY OF MORRIS, NEW JERSEY, AWARDING CONTRACT FOR DESIGN OF BROOKSIDE FIREHOUSE

 

            WHEREAS, proposals were submitted to the Township for the design of the Brookside Engine Company Firehouse; and

 

            WHEREAS, on the basis of the proposals, the Township Administrator has recommended that a contract be awarded to EI Associates; and

 

            WHEREAS, the availability of funds for the payment of charges pursuant to the contract hereby awarded has been certified by the Chief Financial Officer of the Township; and

 

            NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Mendham, in the County of Morris, New Jersey, as follows:

 

1.      A contract for the design of the Brookside Engine Company Firehouse in the

amount of $175,000.00 is hereby awarded to EI Associates.

 

2.      The Mayor is hereby authorized and directed to execute a Contract between

the Township and EI Associates and the Township Clerk is hereby authorized and directed to attest such contract and to affix the corporate seal thereto, and when so executed and attested the contract shall be a valid and legally binding contract of the Township in accordance with the terms thereof and the proper officials of the Township are hereby authorized and directed to make and perform any and all acts necessary to carry out such contract.

 

3.      A certified copy of this Resolution shall be forwarded by the Township Clerk

to EI Associates, 8 Ridgedale Avenue, Cedar Knolls, New Jersey 07927.

 

Mr. Schrier made a motion to adopt R2005-70; Mr. Phelan seconded the motion.

 

ROLL CALL – All present voted YES.

 

Mr. Pierson noted the delays caused by DEP permit requirements for the firehouse project and Mr. Lemanowica and Mr. Aubin will have their reports to the DEP by the end of the week.

 

5.  Resolution R2005-71

 

RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM, IN THE COUNTY OF MORRIS, NEW JERSEY, AUTHORIZING DISCUSSION WITHOUT THE PRESENCE OF THE PUBLIC

 

            WHEREAS, it is deemed appropriate that the Township Committee discuss the matters hereafter mentioned without the presence of the public in accordance with the provisions of R.S. 10:412b, being section 7b of the Open Public Meetings Act.

 

            NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Mendham, in the County of Morris, New Jersey, as follows:

 

Matters relating to:

 

  [X]  personnel                                    [X] contract negotiations

  [X]  acquisition of property                [X] litigation

  [X]  attorney/client privilege 

             

shall be discussed by the Township Committee without the presence of the public.  It is anticipated that these matters can be disclosed to the public when further action is taken in connection with the discussion.

 

Mr. Pierson made a motion to adopt R2005-71; Mr. Schrier seconded the motion.

 

ROLL CALL – All present voted YES.

 

6.  Resolution R2005-72 and R2005-78

 

RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM, IN THE COUNTY OF MORRIS, NEW JERSEY, EXTENDING CONGRATULATIONS TO DAVID MERRITT UPON HIS ATTAINMENT OF THE RANK OF EAGLE SCOUT

 

WHEREAS, David Merritt has attained the rank of Eagle Scout; and

 

WHEREAS, David Merritt will be honored for this achievement at

a Court of Honor; and

 

WHEREAS, the Township Committee of the Township of Mendham recognizes the extraordinary dedication and professionalism David Merritt has displayed in achieving this highest honor.

 

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Mendham, to extend their congratulations to David Merritt upon his attainment of the rank of Eagle Scout and to wish him success in all his future endeavors.

 

RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM, IN THE COUNTY OF MORRIS, NEW JERSEY, EXTENDING CONGRATULATIONS TO DAVID BETZ UPON HIS ATTAINMENT OF THE RANK OF EAGLE SCOUT

 

WHEREAS, David Betz has attained the rank of Eagle Scout; and

 

WHEREAS, David Betz will be honored for this achievement at

a Court of Honor; and

 

WHEREAS, the Township Committee of the Township of Mendham recognizes the extraordinary dedication and professionalism David Betz has displayed in achieving this highest honor.

 

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Mendham, to extend their congratulations to David Betz upon his attainment of the rank of Eagle Scout and to wish him success in all his future endeavors.

 

Mr. Schrier made a motion to adopt R2005-72 and R2005-78; Mr. Pierson seconded the motion.

 

ROLL CALL – All present voted YES.

 

7. Resolution R2005-73

 

RESOLUTION DETERMINING THE FORM AND OTHER DETAILS OF $3,874,000 GENERAL IMPROVEMENT BONDS OF THE TOWNSHIP OF MENDHAM, IN THE COUNTY OF MORRIS, NEW JERSEY, PROVIDING FOR THEIR SALE AND AMENDING AND SUPERSECEDING THE RESOLUTION CONCERNING THE SALE OF BONDS ADOPTED MAY 9, 2005.

 

            BE IT RESOLVED BY THE TOWNSHIP OF MENDHAM, IN THE COUNTY OF MORRIS, NEW JERSEY AS FOLLOWS:

 

Section 1.         The $3,874,000 general improvement bonds of the Township of Mendham (the “Township”) , referred to and described in the resolution adopted by the Township Committee pursuant to the Local Bond Law of the State of New Jersey on May 9, 2005 and 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," shall be issued as General Improvement Bonds (the "Bonds").  The Bonds shall mature in the principal amounts on April 15 in each of the years as follows:

 

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