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MINUTES – MENDHAM TOWNSHIP COMMITTEE
Morris
County
,
New Jersey
October 14, 2003
Mayor Pierson called the meeting to order at
7:30 p.m.
in Township Hall,
Brookside
,
New Jersey
ROLL CALL
Present:
Mayor Pierson, Mr. Phelan, Mr. Schrier,
Mr.
D’Emidio, Mr. Krieg (arrived at
8:43 p.m.
)
Absent:
Also Present:
Roger S. Clapp, Esq., Township Attorney
Steven
Mountain
, Township Administrator
Penny Newell, Township Clerk
SALUTE TO THE FLAG
Mayor Pierson read the following statements:
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 16, 2003
; Notice was posted on the bulletin board in Township Offices and Notice was
filed with the Clerk on
January 16, 2003
.”
STATEMENT OF EMERGENCY EVACUATION PROCEDURE: “In
case of an emergency requiring the evacuation of this room there are two
emergency exit doors along the side that you entered. In the foyer you may then
either exit down the open stairwell to the exterior or enter the enclosed
stairwell and exit at the bottom. Then please move away from the building until
instructed that it is safe to re-enter.”
Mr. Schrier and Mayor Pierson awarded the Morris County
Vietnam Veteran’s Medal to Mr. Bruce Nickerson.
APPROVAL OF MINUTES –
September 29, 2003
– Mr. Phelan made a motion to approve these
minutes as written; Mr. D’Emidio seconded the motion. ROLL CALL – All
present voted YES.
OLD BUSINESS
1. Ordinance 20-2003 – Second
Reading
and Public Hearing
ordinance permitting
lot
size averaging for subdivisions in the r-5 and r-10 zones and
amending chpater xxi “zoning regulations” of the land use ordinance of
township
of
mendham
Mr. Mountain summarizes two minor changes recommended by
the Planning Board following the introduction of this ordinance: (underlined is
new; [ ] is removed)
Section 21-10.1(b) will read “Subdivision roads designed
to [be shorter, and] follow[ing] the natural contours and features of the
land consistent with the character of the Township’s historical rural roads,
and thus less disruptive to the environment and potentially shorter and
less costly to build and maintain”
Section 21-10.4 will read Bonus Lots. The Planning
Board may permit one or more additional bonus lots for dedication of public open
space or conservation easements in accordance with the following:
a. “One bonus lot for every 20 acres of land [as to which
a conservation easement is conveyed to] deeded to
Mendham
Township
for public open space or conservation purposes.”
Upon motion duly made and seconded the meeting was opened
to the public.
Sarah Dean Link,
Tingley Road
: asked Mr. Mountain to repeat his summarization of the recommended changes.
Following Mr. Mountain’s summary and with no others
present asking to be heard, upon motion duly made and seconded the meeting was
closed to the public.
Mr. D’Emidio made a motion to amend the ordinance as
recommended by the Planning Board; Mr. Schrier seconded that motion.
ROLL CALL – Mr. Schrier, Mr. D’Emidio, Mr. Phelan and
Mayor Pierson voted YES.
Mr. D’Emidio made a motion to adopt Ordinance 20-2003 as
amended; Mr. Schrier seconded the motion.
ROLL CALL – Mr. Schrier, Mr. D’Emidio, Mr. Phelan and
Mayor Pierson voted YES.
HEARING PERSONS PRESENT
Upon motion duly made and seconded the meeting was opened
to the public.
Jim Sheehan,
74 Beverly Drive
: referenced his letter requesting a vacation of an easement between his and his
neighbor’s property that had been designated as a road easement for possible
use by the adjacent property upon subdivision. The Planning Board recently
approved a subdivision of the adjacent Irene’s Spring Tree Farm property
without the incorporation of the roadway easement in the subdivision design. Mr.
Sheehan indicated that both he and his neighbor would grant a water line
easement in place of the roadway easement and expressed concern that if the
owners of Spring Tree Farm were to return to the Planning Board to amend their
subdivision approval to include the now approved lot size averaging
concept that the roadway easement could be a consideration. He asked if that
would impact his request for a vacation of the easement. Mr. Clapp said that
there would have to be a whole new application and the current approval would be
rescinded. Mayor Pierson said he is not sure a vacation of the easement would be
appropriate until there was some indication of what would happen if there were a
new application. He said a hydrant in the easement would be helpful to the fire
service and the residents of
Beverly Drive
and he asked Mr. Clapp to confer with Mr. Falcon, the Planning Board attorney
regarding the matter. Mr. Sheehan said he was confused about why a plan change
would affect his request and would consider a new plan such as a fire lane
easement once the roadway easement is removed. Mayor Pierson said the Committee
would not act on this without advice of counsel and they were assured that a
water line would remain in the same place if the original plans change. He said
that once the engineers agree to the location of the water line the Committee
would entertain an ordinance to vacate the roadway easement and another
ordinance to accept the water line easement. Mayor Pierson noted that the
question of who pays for the cost of the water line has not been determined. Mr.
D’Emidio suggested that the Planning Board attorney should look into the
scenario of the roadway easement being eliminated prior to a water line easement
being granted, noting that there is no danger in waiting to act upon Mr.
Sheehan’s request. Mr. Sheehan said that vacating the roadway easement now
takes it out of the equation for any other plan that may come before the
Planning Board. Mayor Pierson recommended that Mr. Clapp and Mr. Falcon meet to
discuss how to proceed.
There being no others present who wished to be heard, upon
motion duly made and seconded the meeting was closed to the public.
NEW BUSINESS
bond ordinance
providing a supplemental appropriation of $35,000 for additional preliminary
planning and design work for the mendham east sewer plant in and by the township
of mendham, in the county of morris, new jersey and authorizing the issuance of
$33,250 bonds or notes of the township for financing part of the appropriation
Mr. D’Emidio made a motion to adopt Ordinance 22-2003
upon first reading with second reading and public hearing to be scheduled for
November 10, 2003
; Mr. Schrier seconded the motion.
ROLL CALL – Mr. Schrier, Mr. D’Emidio, Mr. Phelan and
Mayor Pierson voted YES.
A copy of Ordinance 22-2003 is attached hereto and made a
part hereof.
2. Ordinance 23-2003 – First
Reading
bond ordinance
providing a supplemental appropriation of $55,000 for improvement of the water
system in and by the
township
of
mendham
, in the
county
of
morris
, new
jersey
and authorizing the issuance of $52,250
bonds or notes of the township for financing part of the appropriation
Mr. Phelan made a motion to adopt Ordinance 23-2003 upon
first reading with second reading and public hearing to be scheduled for
November 10, 2003
; Mr. Schrier seconded the motion.
ROLL CALL – Mr. Schrier, Mr. Phelan, Mr. D’Emidio and
Mayor Pierson voted YES.
A copy of Ordinance 23-2003 is attached hereto and made a
part hereof.
3. Ordinance 24-2003 – First
Reading
an ordinance of the
township
of
mendham
providing for costs associated with
proposed open space acquisitions by the township and appropriating $25,000 from
the open space trust fund
Mr. Schrier made a motion to adopt Ordinance 24-2003 upon
first reading with second reading and public hearing to be scheduled for
November 10, 2003
; Mr. D’Emidio seconded the motion.
ROLL CALL – Mr. D’Emidio, Mr. Schrier, Mr. Phelan and
Mayor Pierson voted YES.
A copy of Ordinance 24-2003 is attached hereto and made a
part hereof.
4. Resolution R2003-101
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:
[ ]
personnel
[x] contract negotiations
[x] acquisition
of property
[x] litigation
[ ]
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. D’Emidio made a motion to adopt R2003-101; Mr. Phelan
seconded the motion.
ROLL CALL – All present voted YES.
5. Resolution R2003-102
RESOLUTION OF THE
TOWNSHIP COMMITTEE OF THE
TOWNSHIP
OF
MENDHAM
, IN THE
COUNTY
OF
MORRIS
, NEW
JERSEY
, AUTHORIZING EMERGENCY APPROPRIATION
WHEREAS, an emergency has arisen with respect to the disposal beds of the
Mendham East Wastewater Treatment Plant and no adequate provision was made in
the 2003 budget for the aforesaid purpose, and N.J.S. 40A:4-46 provides for the
creation of an emergency appropriation for the purpose above mentioned; and
WHEREAS, the total amount of emergency appropriations created including
the appropriation to be created by this resolution is $115,000.00 and three per
cent of the total operating appropriations in the budget for the year 2003 is
$211,831.26; and
WHEREAS, the foregoing appropriation, together with prior appropriations,
does not exceed three percent of the total current operating appropriations
(including utility operating appropriations) in the budget for 2003;
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the
Township
of
Mendham
(not less than two-thirds of all the
members thereof affirmatively concurring) that in accordance with N.J.S.A.
40A:4-48:
1.
An emergency appropriation
be and the same is hereby made for Sewer Utility #1, Other Expenses in the
amount of $75,000.00.
2.
That said emergency
appropriation shall be provided in full in the 2004 budget.
3.
That two certified copies
of this resolution be filed with the Director of Local Government Services.
Mr. Mountain
explained that his appropriation is an additional appropriation for costs
associated with the repair of the Mendham East Sewer System.
Mr. Schrier made a
motion to adopt R2003-102; Mr. D’Emidio seconded the motion.
ROLL CALL – All
present voted YES.
6. Discussion of
Brookside
Beach
Financial Analysis
Mr. Mountain gave
an overview of expenditures including past, present and future programs noting
that the Recreation/Beach committee is in the process of putting together a
report and presentation to be given to the Township Committee. He said their
goal is to break even noting deficits in 2002 and so far in 2003. Mr. Phelan
said it would be nice to eliminate the deficit or at least to lower it. Mr.
Mountain will be meeting with members of the beach and recreation committees to
concentrate on a financial plan.
7. Discussion of
Police Overtime – Mayor Pierson expressed concern that 80% of the overtime
budget has been expended as of August and he asked Chief Costanza to comment.
Chief Costanza said
the largest impact upon the overtime budget was a result of an officer out due
to an injury for seven weeks during the peak vacation time. He said that
although the officer was back on light duty for some of that time, he was not on
the road. He noted the policy of not canceling vacations, but suggested that he
can address such an option. Mr. Phelan asked Chief Costanza if he fills in for
regular patrol officers. Chief Costanza said he does not cover shifts, however,
the Lieutenant does. Mayor Pierson asked if the injured officer has taken
excessive sick time. Chief Costanza replied that the officer experienced a
training injury and did come in on light duty when possible.
(Mr. Krieg arrived at this point)
Mr. Phelan suggested looking at the budget before looking
into policy changes such as canceling vacations.
Mayor Pierson noted that the top Sergeant recently retired.
Chief Costanza said that one quarter of that Sgt.’s salary would be saved in
2003, but the Committee should realize that they are now down one person on the
schedule and that a second officer is leaving the department in January. He
agrees to not hiring a replacement now with the consolidation issue pending,
however, he would like to address the option in the 2004 budget noting that if
the consolidation does take place it would be relatively late in the year and
operating two officers short would create excessive overtime to adequately cover
all shifts. Mr. D’Emidio asked if the consultant who is studying the
consolidation will provide an optimum size of a merged department and Mayor
Pierson asked if he has talked to all department members. Chief Costanza replied
that the consultant has talked with about fifty percent of the department. Mr.
Mountain said that ultimately the consultant wouldl analyze the numbers. Mr.
D’Emidio suggested looking at re-assigning the number of officers for some
shifts. Chief Costanza said that right now there is only a floater for one shift
and sometimes he and the lieutenant do cover if necessary. He said that he
responds to emergency calls but does not do routine patrol shifts.
Mr. Phelan asked Chief Costanza to address his recent memo
regarding a replacement vehicle.
Chief Costanza reported that he included the replacement of
the 1996 Explorer in his 2004 budget request, however, he has found a 2003
Expedition available now for a cost of $26,000. He noted that a new Explorer
would cost $28,000 and a new Expedition $34,000, so he is requesting permission
to purchase the 2003 Expedition now in order to save money and not have to
include the vehicle in the 2004 budget. After some discussion the Committee
agreed that it would make sense to purchase the 2003 Expedition now.
ADMINISTRATOR REPORT
1. Mr. Mountain said that Charlie Balut and Dave Read will
meet this week to finalize estimates for the drainage repair project at the
Woodhull property on
Cold Hill Road
.
2. Mr. Mountain referenced a letter to
Morris
County
that raised issues regarding passing/no passing zones on Route 510. The State
has contacted
Morris
County
to propose the elimination of all passing zones on Route 510 all the way
through to
Long
Valley
. Mr. Schrier suggested that perhaps
Mendham
Township
’s request to eliminate one small passing zone, as requested by a resident in
the Ralston area, may have triggered this correspondence and he said that if
Mendham
Township
feels this may not be appropriate another letter should go to the State. Mayor
Pierson asked Mr. Mountain to draft a letter.
3. Mr. Mountain said the pre-fab steel building was
delivered to the DPW site and it was apparent that the steel delivered for beams
and facing was 6-7 inches shorter than the existing structure. He said the
manufacturer acknowledged the wrong measurements on the building and he said
there are three options for fixing the problem: welding additional steel to
increase the measurement; send back the incorrect materials and wait 6-8 weeks
for the replacement; accept the delivery as is. Mr. Mountain said a proposal to
rebate $4,000 has been negotiated. Mr. D’Emidio said that is a reasonable
amount. Mr. Phelan recommended sending back the wrong steel and hold the
manufacturer to a three week delivery of the correct steel.
OPEN ITEMS LIST
The Open Items List was reviewed and updated.
CORRESPONDENCE
1.
Morris
County
MUA/Annual Recycling Awards Dinner
2.
NJSLOM/Mayors Fax Advisory/increased fines for parking in
handicapped space
3.
Whippany
River
Watershed Action Committee/Awards
4.
NJDOT/list of Local Aid Offices
5.
Children’s Aid and Family Services/National Family Week
6.
Parette Somjen Architects/looking for building/space
Mayor Pierson suggested approved the Proclamation for
National Family Week. The Committee agreed.
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. No one 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 9:38 p.m. Discussions included litigation matters, acquisition
of property and procedures for filling vacancies at the Seeing Eye rental units.
Upon motion duly made and seconded the Committee returned
to open session at
10:25 p.m.
Mr. Krieg asked about the
Hilltop Circle
fire lane issue. Mr. Schrier reported that Mr. Chestone suggested to him that
the existing entrance should be widen or some other alternative should be found.
There being no other matters to come before the Committee,
upon motion duly made and seconded the meeting adjourned at
10:28 p.m.
Respectfully submitted:
Penny Newell, Township Clerk
Attachments:
Bills Approved for Payment
Ordinance 22-2003
Ordinance 23-2003
Ordinance 24-2003
ORDINANCE 22-2003
BOND ORDINANCE PROVIDING A SUPPLEMENTAL APPROPRIATION OF
$35,000 FOR ADDITIONAL PRELIMINARY PLANNING AND DESIGN WORK FOR THE MENDHAM EAST
SEWER PLANT IN AND BY THE TOWNSHIP OF MENDHAM, IN THE COUNTY OF MORRIS, NEW
JERSEY AND AUTHORIZING THE ISSUANCE OF $33,250 BONDS OR NOTES OF THE TOWNSHIP
FOR FINANCING PART OF THE APPROPRIATION
BE IT ORDAINED BY THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM, IN
THE COUNTY OF MORRIS, NEW JERSEY (not less than two-thirds of all members
thereof affirmatively concurring) AS FOLLOWS:
Section 1. The improvement described in Section 3 of this bond ordinance
has heretofore been authorized to be undertaken by the
Township
of
Mendham
,
New Jersey
as a general improvement. For the improvement or purpose described in Section
3, there is hereby appropriated the supplemental amount of $35,000, such sum
being in addition to the $160,000 appropriated therefore by bond ordinance
#14-2002 of the Township finally adopted July 23, 2002, as supplemented by bond
ordinance #16-2003 of the Township finally adopted June 24, 2003, and including
the sum of $1,750 as the additional down payment required by the Local Bond Law.
The additional down payment is now available by virtue of provision for down
payment or for capital improvement purposes in one or more previously adopted
budgets and, in particular, the Mendham East Sewer Utility Capital Improvement
Fund.
Section 2. In order to finance the additional cost of the improvement or
purpose not covered by application of the additional down payment, negotiable
bonds are hereby authorized to be issued in the principal amount of $33,250
pursuant to the Local Bond Law. In anticipation of the issuance of the bonds,
negotiable bond anticipation notes are hereby authorized to be issued pursuant
to and within the limitations prescribed by the Local Bond Law.
Section 3.
(a) The improvement heretofore authorized and the purpose for the
financing of which the bonds are to be issued is the additional preliminary
planning and design work for the Mendham East Sewer Plant, as described in the
bond ordinance #14-2002 of the Township finally adopted July 23, 2002, as
supplemented by bond ordinance #16-2003 of the Township finally adopted June 24,
2003.
(b) The estimated maximum amount of bonds or notes to be issued for the
improvement or purpose is $185,250, including the $152,000 bonds or notes
authorized by bond ordinance #14-2002 of the Township finally adopted
July 23, 2002
, as supplemented by bond ordinance #16-2003 of the Township finally adopted
June 24, 2003
, and the $33,250 bonds or notes authorized herein.
(c) The
estimated cost of the improvement or purpose is $195,00,
including the $160,000 appropriated by bond ordinance
#14-2002 of the Township finally adopted
July 23, 2002
, as supplemented by bond ordinance #16-2003 of the Township finally adopted
June 24, 2003
, and the $35,000 appropriated herein.
Section 4. All bond anticipation notes issued hereunder shall mature at
such times as may be determined by the chief financial officer; provided that no
note shall mature later than one year from its date. The notes shall bear
interest at such rate or rates and be in such form as may be determined by the
chief financial office. The chief financial officer shall determine all matters
in connection with notes issued pursuant to this ordinance, and the chief
financial officer’s signature upon the notes shall be conclusive evidence as
to all such determinations. All notes issued hereunder may be renewed from time
to time subject to the provisions of the Local Bond Law. The chief financial
officer is hereby authorized to sell part or all of the notes form time to time
at public or private sale and to deliver them to the purchasers thereof upon
receipt of payment of the purchase price plus accrued interest form their dates
to the date of delivery thereof. The chief financial officer is directed to
report in writing to the governing body at the meeting next succeeding the date
when any sale or delivery of the notes pursuant to this ordinance is made. Such
report must include the amount, the description, the interest rate and the
maturity schedule of the notes sold, the price obtained and the name of the
purchaser.
Section 5. The capital budget of the
Township
of
Mendham
is hereby amended to conform with the provisions of this ordinance to the
extent of any inconsistency herewith. The resolution in the form promulgated by
the Local Finance Board showing full detail of the amended capital budget and
capital program as approved by the Director of the Division of Local Government
Services is on file with the Clerk and is available there for public inspection.
Section 6. The following additional matters are hereby determined,
declared, recited and stated:
(a)
The improvement or purpose described in Section 3 of this bond
ordinance is not a current expense. It is an improvement or purpose that the
township may lawfully undertake as a general improvement, and no part of the
cost thereof has been or shall be specially assessed on property specially
benefited thereby.
(b)
The period of usefulness of the improvement or purpose within the
limitations of the Local Bond Law, according to the reasonable life thereof
computed form the date of the bonds authorized by this bond ordinance, is 15
years.
(c)
The Supplemental Debt Statement required by the Local Bond Law has
been duly prepared and filed in the office of the Clerk, and a complete executed
duplicate thereof has been filed in the office of the Director of the Division
of Local Government Services in the Department of Community Affairs of the State
of
New Jersey
. Such statement shows that the gross debt of the Township as defined in the
Local Bond Law is increased by the authorization of the bonds and noted provided
in this bond ordinance by $33,250, and the obligations authorized herein will be
within all debt limitations prescribed by that Law.
(d)
The entire $195,000 appropriated for the purpose authorized herein
is for items of expense listed in and permitted under N.J.S.A. 40A:2-20. Of this
amount, $160,000 was provided for these items of expense in bond ordinance
#14-2002 of the Township finally adopted
July 23, 2002
, as supplemented by bond ordinance #16-2003 of the Township finally adopted
June 24, 2003
, and an additional $35,000 is provided therefore herein.
Section 7. Any grant monies
received for the purpose described
in Section 3 hereof shall be applied either to direct
payment of the cost of the improvement or to payment of the obligations issued
pursuant to this ordinance. The amount of obligations authorized but not issued
hereunder shall be reduced to the extent that such funds are so used.
Section 8. The chief financial officer of the Township is hereby
authorized to prepare and to update from time to time as necessary a financial
disclosure document to be distributed in connection with the sale of obligations
of the Township and to execute such disclosure document on behalf of the
Township. The chief financial officer is further authorized to enter into the
appropriate undertaking to provide secondary market disclosure on behalf of the
township pursuant to Rule 15c2-12 of the Securities and Exchange Commission (the
“Rule”) for the benefit of holders and beneficial owners of obligations of
the Township and to amend such undertaking from time to time in connection with
any change in law, or interpretation thereof, provided such undertaking is and
continues to be, in the opinion of a nationally recognized bond counsel,
consistent with the requirements of the Rule. In the event that the Township
fails to comply with its undertaking, the Township shall not be liable for any
monetary damages, and the remedy shall be limited to specific performance of the
undertaking.
Section 9. The full faith and credit of the Township are hereby pledged
to the punctual payment of the principal of and the interest on the obligations
authorized by this bond ordinance. The obligations shall be direct, unlimited
obligations of the Township, and the Township shall be obligated to levy ad
valorem taxes upon all the taxable real property within the Township for the
payment of the obligations and the interest thereon without limitation of rate
or amount.
Section 10. This bond ordinance shall take effect 20 days after the first
publication thereof after final adoption, as provided by the Local Bond Law.
ORDINANCE 23 -2003
BOND ORDINANCE PROVIDING A SUPPLEMENTAL APPROPRIATION OF
$55,000 FOR IMPROVEMENT OF THE WATER SYSTEM IN AND BY THE
TOWNSHIP
OF
MENDHAM
, IN THE
COUNTY
OF
MORRIS
, NEW
JERSEY
AND AUTHORIZING THE ISSUANCE OF $52,250 BONDS OR NOTES OF THE TOWNSHIP FOR
FINANCING PART OF THE APPROPRIATION
BE IT ORDAINED BY THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM,IN
THE COUNTY OF MORRIS, NEW JERSEY (not less than two-thirds of all members
thereof affirmatively concurring) AS FOLLOWS:
Section 1. The improvement described in Section 3 of this bond ordinance
has heretofore been authorized to be undertaken by the
Township
of
Mendham
,
New Jersey
as a general improvement. For the improvement or purpose described in Section
3, there is hereby appropriated the supplemental amount of $55,000, such sum
being in addition to the $70,000 appropriated therefore by Section 3(a) of bond
ordinance #5-2002 of the Township finally adopted April 23, 2002, as amended in
its entirety by bond ordinance #10-2002 of the Township finally adopted August
12, 2002, and including the sum of $2,750 as the down payment required by the
Local Bond Law. The additional down payment is now available by virtue of
provision for down payment or for capital improvement purposes in one or more
previously adopted budgets.
Section 2. In order to finance the additional cost of the improvement or
purpose not covered by application of the additional down payment, negotiable
bonds are hereby authorized to be issued in the principal amount of $52,250
pursuant to the Local Bond Law. In anticipation of the issuance of the bonds,
negotiable bond anticipation notes are hereby authorized to be issued pursuant
to and within the limitations prescribed by the Local Bond Law.
Section 3.
(a) The improvement heretofore authorized and the purpose for the
financing of which the bonds are to be issued is the improvement of the water
system by the installation of a fire cistern on the Township’s west side and
providing the local share of construction of a water line along Yardley Road, as
more specifically described in Section 3(a) of bond ordinance #5-2002 of the
Township finally adopted April 23, 2002, as amended in its entirety by bond
ordinance #10-2002 of the Township finally adopted August 12, 2002.
(b) The estimated maximum amount of bonds or notes to be issued for the
improvement or purpose is $118,750, including the $66,500 bonds or notes
authorized by Section 3(a) of bond ordinance #5-2002 of the Township finally
adopted April 23, 2002, as amended in its entirety by bond ordinance #10-2002 of
the Township finally adopted August 12, 2002, and the $52,250 bonds or notes
authorized herein.
(c) The
estimated cost of the improvement or purpose is
$125,000, including the $70,000 appropriated by Section
3(a) of bond ordinance #5-2002 of the Township finally adopted April 23, 2002,
as amended in its entirety by bond ordinance #10-2002 of the Township finally
adopted August 12, 2002, and the $55,000 appropriated herein.
Section 4. All bond anticipation notes issued hereunder shall mature at
such times as may be determined by the chief financial officer; provided that no
note shall mature later than one year from its date. The notes shall bear
interest at such rate or rates and be in such form as may be determined by the
chief financial office. The chief financial officer shall determine all matters
in connection with notes issued pursuant to this ordinance, and the chief
financial officer’s signature upon the notes shall be conclusive evidence as
to all such determinations. All notes issue hereunder may be renewed from time
to time subject to the provisions of the Local Bond Law. The chief financial
officer is hereby authorized to sell part or all of the notes form time to time
at public or private sale and to deliver them to the purchasers thereof upon
receipt of payment of the purchase price plus accrued interest form their dates
to the date of delivery thereof. The chief financial officer is directed to
report in writing to the governing body at the meeting next succeeding the date
when any sale or delivery of the notes pursuant to this ordinance is made. Such
report must include the amount, the description, the interest rate and the
maturity schedule of the notes sold, the price obtained and the name of the
purchaser.
Section 5. The capital budget of the
Township
of
Mendham
is hereby amended to conform with the provisions of this ordinance to the
extent of any inconsistency herewith. The resolution in the form promulgated by
the Local Finance Board showing full detail of the amended capital budget and
capital program as approved by the Director of the Division of Local Government
Services is on file with the Clerk and is available there for public inspection.
Section 6. The following additional matters are hereby determined,
declared, recited and stated:
(e)
The improvement or purpose described in Section 3 of this bond
ordinance is not a current expense. It is an improvement or purpose that the
township may lawfully undertake as a general improvement, and no part of the
cost thereof has been or shall be specially assessed on property specially
benefited thereby.
(f)
The period of usefulness of the improvement or purpose within the
limitations of the Local Bond Law, according to the reasonable life thereof
computed form the date of the bonds authorized by this bond ordinance, is 15
years.
(g)
The Supplemental Debt Statement required by the Local Bond Law has
been duly prepared and filed in the office of the Clerk, and a complete executed
duplicate thereof has been filed in the office of the Director of the Division
of Local Government Services in the Department of Community Affairs of the State
of
New Jersey
. Such statement shows that the gross debt of the Township as defined in the
Local Bond Law is increased by the authorization of the bonds and noted provided
in this bond ordinance by $52,250, and the obligations authorized herein will be
within all debt limitations prescribed by that Law.
(h)
$39,000 of the cost of the purpose authorized herein is for items
of expense listed in and permitted under N.J.S.A. 40A:2-20. Of this amount,
$32,000 was provided for these items of expense in bond ordinance #5-2002 of the
Township finally adopted
April 23, 2002
, as amended in its entirety by bond ordinance #10-2002 of the Township finally
adopted
August 12, 2002
, and an additional $7,000 is provided therefore herein.
Section 7. Any grant monies
received for the purpose described
in Section 3 hereof shall be applied either to direct
payment of the cost of the improvement or to payment of the obligations issued
pursuant to this ordinance. The amount of obligations authorized but not issued
hereunder shall be reduced to the extent that such funds are so used.
Section 8. The chief financial officer of the Township is hereby
authorized to prepare and to update from time to time as necessary a financial
disclosure document to be distributed in connection with the sale of obligations
of the Township and to execute such disclosure document on behalf of the
Township. The chief financial officer is further authorized to enter into the
appropriate undertaking to provide secondary market disclosure on behalf of the
township pursuant to Rule 15c2-12 of the Securities and Exchange Commission (the
“Rule”) for the benefit of holders and beneficial owners of obligations of
the Township and to amend such undertaking from time to time in connection with
any change in law, or interpretation thereof, provided such undertaking is and
continues to be, in the opinion of a nationally recognized bond counsel,
consistent with the requirements of the Rule. In the event that the Township
fails to comply with its undertaking, the Township shall not be liable for any
monetary damages, and the remedy shall be limited to specific performance of the
undertaking.
Section 9. The full faith and credit of the Township are hereby pledged
to the punctual payment of the principal of and the interest on the obligations
authorized by this bond ordinance. The obligations shall be direct, unlimited
obligations of the Township, and the Township shall be obligated to levy ad
valorem taxes upon all the taxable real property within the Township for the
payment of the obligations and the interest thereon without limitation of rate
or amount.
Section 10. This bond ordinance shall take effect 20 days after the first
publication thereof after final adoption, as provided by the Local Bond Law.
ORDINANCE 24-2003
AN ORDINANCE OF THE
TOWNSHIP
OF
MENDHAM
PROVIDING FOR COSTS ASSOCIATED WITH PROPOSED OPEN SPACE ACQUISITIONS BY THE
TOWNSHIP AND APPROPRIATING $25,000 FROM THE OPEN SPACE TRUST FUND
BE IT ORDAINED by the Township Committee of the
Township
of
Mendham
, in the
County
of
Morris
,
New Jersey
, as follows:
Section 1. The funding for the cost of appraisals and environmental
studies of proposed open space acquisitions is hereby authorized and such cost
is not to exceed $25,000, which sum is hereby appropriated for this purpose.
Section 2. The total amount of $25,000 for said purpose is hereby
appropriated from the Open Space Trust Fund.
Section 3. This ordinance shall take effect following passage and
publication as provided by law.
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