MINUTES

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

SALUTE TO THE FLAG

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 – April 26, 2005 – Mr. Schrier made a motion to approve these minutes as written; Ms. Florek seconded the motion. ROLL CALL – All present voted YES.

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.

RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM , IN THE COUNTY OF MORRIS , NEW JERSEY , APPOINTING JASON FERREIRA AS A PROBATIONARY OFFICER IN THE MENDHAM TOWNSHIP POLICE DEPARTMENT

WHEREAS, the Chief of Police of the Mendham Township Police Department has recommended that Jason Ferreira be employed as a Probationary Officer in the Mendham Township Police Department; and

WHEREAS, the Township Committee has determined that Jason Ferreira possesses the necessary qualifications for employment as a Probationary Police Officer in the Mendham Township Police Department.

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

1. Jason Ferreira is hereby employed as a Probationary Officer of the Mendham Township Police Department as of May 9, 2005 .

2. During 2005 Jason Ferreira shall be compensated at the salary rate provided in the 2005/2007 Agreement between the Township of Mendham and the Mendham Township Police Bargaining Unit for a Probationary Office, namely, at the rate of $43,445.00. Pursuant to Article XIII of the Agreement Patrolman Ferreira’s holiday pay is included in the base salary.

3. The employment of Jason Ferreira as a Probationary Officer is pursuant to the provisions of the Revised General Ordinances of the Township of Mendham, 1998, as amended and supplemented and the 2005/2007 Agreement between the Township of Mendham and the Mendham Township Police Bargaining Unit, and accordingly, unless sooner terminated by action of the Township Committee, such employment shall automatically terminate on May 9, 2006. In any event Jason Ferreira shall not be an employee of the Township of Mendham after May 9, 2006 unless he shall be appointed by the Township Committee as a permanent member of the Mendham Township Police Department.

4. In the event that Jason Ferreira shall be appointed as a permanent member of the Mendham Township Police Department after the satisfactory completion of a one-year probationary period, then for purposes of calculating salaries, vacations and longevity benefits to which he will be entitled as a permanent member of the Mendham Township Police Department the date of commencement of his service under the provisions of the 2005/2007 Agreement between the Township of Mendham and the Mendham Township Police Bargaining Unit and successor Agreements shall be May 9, 2005.

5. Certified copies of this Resolution shall be forwarded by the Township Clerk to the Chief of Police and to Jason Ferreira.

6. A certified copy of this Resolution shall be endorsed by Jason Ferreira to indicate his acceptance of the terms and conditions of his employment, and such endorsed certified copy shall be filed with the Township Clerk. This Resolution shall become null and void in its entirety if such endorsement and filing are not accomplished by May 19, 2005 ,

With Mrs. Nancy LaViglio holding the Bible for her son, the Oath of Office was administered to Patrolman Ferreira.

Upon motion duly made and seconded the meeting was opened to the public for comment on the 2005 Budget.

David Bailin, 10 Washington Valley Road : asked the Committee members if they were interested in supporting the constitutional convention as it relates to property taxes. Mr. Pierson responded that he would like to see a fair and open constitutional convention not controlled by elected officials. Mr. Schrier said he would support a constitutional convention if all applicable issues would be addressed. Mayor Krieg said he is disturbed by areas of concern that would not be discussed such as teachers’ salaries and Abbott District funding. Mr. Bailin asked if the Committee has written to their representatives in the legislature. Mayor Krieg responded that they have done so.

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

Mr. Pierson made a motion to adopt the 2005 Municipal Budget; Ms. Florek seconded the motion.

Mr. Schrier noted that this is a well-crafted budget with the taxpayers uppermost in mind. Mr. Phelan said it was a team effort with each department participating in the process and with the Township Committee being very demanding regarding departmental requests. He noted the reduction of operating expenses from the previous year and some increases for infrastructure changes. Ms. Florek, noting that this was her initial budget process, said zero-based budgeting was done. Mr. Pierson explained that each department was asked to backup their requests. Mayor Krieg noted the numerous hours spent reviewing the failed high school budget and said if that board had worked as diligently as the Township Committee had, much time would have been saved.

RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM , IN THE COUNTY OF MORRIS , NEW JERSEY , AUTHORIZING THE RELEASE OF SUBDIVISION PERFORMANCE BOND FOR RAINE TREE RIDGE

WHEREAS, a maintenance bond, in the form of Surety Bond No. 0101081 with Raine Tree at Mendham, LLC as Principal and RLI Insurance Company as Surety was posted with the Township by Raine Tree at Mendham, LLC in the amount of $28,890.00; and

WHEREAS, the Principal has requested the release of the maintenance bond in connection with the Raine Tree Ridge subdivision improvements of Lots 34 and 43 in Block 100; and

WHEREAS, the Township Engineer has determined that the Principal shall provide the Township with a certified check in the amount of $20,112.00 which is the cost of the remaining improvements that will be completed by the Township; and

WHEREAS, the Principal will also provide the Township with a certified check in the amount of $10,056.00 to be held in escrow to protect the Township against additional costs associated with completing and/or maintaining the work. After the two year maintenance period the amount remaining in the escrow account will be returned to the Principal.

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

Raine Tree Ridge Subdivision, is hereby released subject to the receipt by the Township of the two checks referenced above.

2. A Certified copy of this Resolution shall be forwarded by the Township Clerk to Raine Tree at Mendham, LLC.

RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM , IN THE COUNTY OF MORRIS , NEW JERSEY , ASKING THE DEPARTMENT OF COMMUNITY AFFAIRS IN THE STATE OF NEW JERSEY TO DEFINE THEIR GRANT AWARD SELECTION CRITERIA

WHEREAS, the Department of Community Affairs makes available to municipalities in New Jersey millions of dollars in grants for funding of local public safety and public works projects through their Livable Communities Program; and

WHEREAS, the Township of Mendham has submitted applications over the years for such grants in an effort to reduce the burden placed upon the taxpayers of the Township; and

WHEREAS, the Township appears to meet the requirements for presenting a successful application.

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Mendham, to request from the Department of Community Affairs an explanation of the criteria used in the review and approval process for applications to their Livable Communities Grant Program.

Mayor Krieg noted that so many grants seem to be going to other municipalities and Mr. Schrier pointed out that the letters denying these grants do not elaborate on why the applications are denied. He suggested that copies of this Resolution be sent to all Morris County municipalities and legislators.

RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM , IN THE COUNTY OF MORRIS , NEW JERSEY , SUPPORTING THE CLICK IT OR TICKET SAFETY BELT MOBILIZATION OF MAY 23 – JUNE 5, 2005

WHEREAS, there were 42,643 motor vehicle fatalities in the United States in 2003, and 747 motor vehicle fatalities in New Jersey in 2003; and

WHEREAS, more than half of the motor vehicle occupants killed in traffic crashes were not wearing a safety belt; and

WHEREAS, use of a safety belt remains the most effective way to avoid death or serious injury in a motor vehicle crash; and

WHEREAS, the Division of Highway Traffic Safety estimates that more than 2,000 lives have been saved by safety belt use in the State since 1985; and

WHEREAS, the State of New Jersey will participate in the nationwide Click It or Ticket safety belt mobilization from May 23 – June 5, 2005 in an effort to raise awareness and increase safety belt usage through a combination of enforcement and education; and

WHEREAS, the Division of Highway Traffic Safety has set a goal of increasing the safety belt usage rate in the State from the current level of 82% to 84%; and

WHEREAS, a further increase in safety belt usage in New Jersey will save lives on our roadways.

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Mendham , that it declares its support for the Click It or Ticket safety belt mobilization both locally and nationally from May 23 – June 5, 2005 and pledges to increase awareness of the mobilization and the benefits of safety belt use.

Mr. Schrier made a motion to adopt R2005-60 with the proviso that if no grant funds will be coming back to the Township, R2005-60 should be brought back before the Committee for further consideration; Mr. Pierson seconded the motion.

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:

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.

RESOLUTION PROVIDING FOR THE COMBINATION OF CERTAIN ISSUES OF SEWER UTILITY BONDS OF THE TOWNSHIP OF MENDHAM , IN THE COUNTY OF MORRIS , NEW JERSEY INTO A SINGLE ISSUE OF BONDS AGGREGATING $1,310,000 IN PRINCIPAL AMOUNT.

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

Section 1. Pursuant to the provisions of N.J.S.A. 40A:2-26(f), the Bonds of the Township of Mendham, in the County of Morris, New Jersey authorized pursuant to the bond ordinances of the Township heretofore adopted and described in Section 2 hereof shall be combined into a single and combined issue of Sewer Utility Bonds in the principal amount of $1,310,000.

Section 2. The principal amount of Bonds authorized by each ordinance to be combined into a single issue as above provided, the bond ordinances authorizing the Bonds described by reference to the number, the improvement description and the date of adoption, and the period or average period of usefulness determined in each of the bond ordinances are respectively as follows:

Section 3. The following matters are hereby determined with respect to the combined issue of Bonds:

a. The average period of usefulness, computed on the basis of the respective amounts of Bonds presently authorized to be issued pursuant to each of the bond ordinances and the respective periods or average period of usefulness therein determined, is not less than 34.4 years.

b. The Bonds of the combined issue shall be designated "Sewer Utility Bonds" and shall mature within the average period of usefulness herein determined.

c. The Bonds of the combined issue shall be sold and issued in accordance with the provisions of the Local Bond Law applicable to the sale and the issuance of bonds authorized by a single bond ordinance and accordingly may be sold with other issues of bonds.

Section 4. The following additional matters are hereby determined, declared, recited and stated:

a. None of the Bonds described in Section 2 hereof has been sold or issued heretofore, and the several bond ordinances described in Section 2 have not been rescinded and now remain in full force and effect as authorizations for the respective amounts of Bonds set opposite the descriptions of the bond ordinances in Section 2.

b. The several purposes or improvements authorized by the respective bond ordinances described in Section 2 hereof are purposes for which bonds may be issued lawfully pursuant to the Local Bond Law and are all purposes for which a deduction may be taken in an annual or supplemental debt statement.

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.

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

Section 1. Pursuant to the provisions of N.J.S.A. 40A:2-26(f), the Bonds of the Township of Mendham, in the County of Morris, New Jersey authorized pursuant to the bond ordinances of the Township heretofore adopted and described in Section 2 hereof shall be combined into a single and combined issue of General Improvement Bonds in the principal amount of $3,874,000.

Section 3. The following matters are hereby determined with respect to the combined issue of Bonds:

b. The Bonds of the combined issue shall be designated "General Improvement Bonds" and shall mature within the average period of usefulness herein determined.

Section 4. The following additional matters are hereby determined, declared, recited and stated:

b. The several purposes or improvements authorized by the respective bond ordinances described in Section 2 hereof are purposes for which bonds may be issued lawfully pursuant to the Local Bond Law and are all purposes for which no deduction may be taken in any annual or supplemental debt statement.

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.

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 "General Improvement Bonds"). The General Improvement 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 General Improvement Bonds shall be subject to redemption prior to maturity in accordance with the terms of the Notice of Sale authorized herein. The General Improvement 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 $1,310,000 Sewer Utility Bonds of 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 Sewer Utility Bonds of the Township of Mendham, in the County of Morris, New Jersey into a Single Issue of Bonds Aggregating $1,310,000 in Principal Amount," shall be issued as Sewer Utility Bonds (the "Sewer Utility Bonds") The Sewer Utility Bonds shall mature in the principal amounts on April 15 in each of the years as follows:

Year	Principal Amount	Year	Principal Amount
2006	$40,000	2016	$75,000
2007	40,000	2017	80,000
2008	40,000	2018	80,000
2009	45,000	2019	80,000
2010	45,000	2020	80,000
2011	50,000	2021	80,000
2012	50,000	2022	80,000
2013	65,000	2023	80,000
2014	70,000	2024	80,000
2015	70,000	2025	80,000

The Sewer Utility Bonds shall be subject to redemption prior to maturity in accordance with the terms of the Notice of Sale authorized herein. The Bonds shall be twenty in number, with one certificate being issued for each year of maturity and shall be numbered SU-1 to SU-20, inclusive.

Section 3. The General Improvement Bonds and the Sewer Utility Bonds are sometimes referred to herein as the “Bonds”.

Section 4. 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