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 – September 12, 2005 – Mr. Pierson made a motion to approve these minutes as written; Mr. Schrier seconded the motion. ROLL CALL – Mr. Schrier, Mr. Pierson and Mayor Krieg voted YES. Ms. Florek abstained.

Aloisia Boretti, 59 Tingley Road : referenced the proposed new Brookside firehouse, saying that a 5,000 s.f. second floor is too extravagant and the proposal should be put to the voters of the community. She also thinks it unnecessary to build a new firehouse for one new piece of apparatus; she also feels that the present firehouse is not in a flood zone and the flooding problem could be solved with a bigger drainage pipe across Cherry Lane . She also noted that, in her opinion, the firemen treat the firehouse like a pigpen and why should they get a new one when they can’t keep the current one looking decent.

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

an ordinance of the township of mendham, in the county of morris, new jersey, granting municipal consent, right, permission and authority to new jersey american water company, inc., to construct, extend, maintain, repair, replace, improve and operate facilities for the transmission, distribution and sale of potable water to serve an extended franchise area within the township

Mr. Pierson made a motion to adopt Ordinance 10-2005 upon first reading with second reading and public hearing to be scheduled for October 11, 2005 ; Ms. Florek seconded the motion.

bond ordinance providing for various capital improvement of the township of mendham, in the county of morris, new jersey, appropriating the aggregate amount of $140,000 therefor and authorizing the issuance of $128,250 bonds or notes of the township to finance part of the cost thereof

Ms. Florek made a motion to adopt Ordinance 11-2005 upon first reading with second reading and public hearing scheduled for October 11, 2005 ; Mr. Pierson seconded the motion.

3. Nancy Nadaskay and Peter Staples were recognized as new members of the Mendham Township First Aid Squad.

4. Peter Dwyer was recognized as a new member of the Brookside Engine Company No. 1.

5. Mr. Schrier reported a call from the Morris County Sheriff about housing dogs rescued from the New Orleans area in the kennels at India Brook Park (former Seeing Eye kennels). Mr. Pierson said the DEP/Green Acres Program would have to be contacted and he also asked if this would be for a specific period of time. Mayor Krieg will contact Mr. Mountain regarding this as Mr. Mountain has been in contact with St. Hubert ’s and the Humane Society. The Committee agreed that if Mr. Mountain reports all necessary contacts have been made and approved that the dogs may be brought to the kennels. Mr. Schrier suggested that this is one contribution the Township can make towards the rescue efforts in the Gulf Coast area.

6. Mayor Krieg noted a letter he received from the Assistant County Engineer regarding the Leddell Pond dam breaching that occurred in January that states there was no evidence of a breaching of the dam. Mayor Krieg will respond to the County because he actually saw the water going over the earthen dam. Mr. Pierson said that there had been some discussion about dredging the pond, which is not an easy thing to do. Mayor Krieg will include that in his response.

Mr. Mountain was not present, however, he had provided a written report to the Committee.

Mayor Krieg will ask Mr. Mountain to respond to the NJDCA application for defibrillators.

Mr. Pierson recommended the adoption of a Resolution consistent with the Freeholders Resolution #51.

RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM, IN THE COUNTY OF MORRIS, NEW JERSEY, SUPPORTING THE MORRIS COUNTY BOARD OF CHOSEN FREEHOLDERS IN THEIR URGING THE NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION TO CONSIDER ALTERNATIVES TO RESTRICTING DISCHARGE OF PHOSPHORUS INTO THE PASSAIC RIVER WATERSHED BASIN

WHEREAS, the New Jersey Department of Environmental Protection is proposing new total maximum daily load (TMDL) regulations which would restrict the discharge of phosphorus into the Passaic River Watershed Basin; and

WHEREAS, the proposed regulations would impact effluent from municipal sewage treatment plants and municipal stormwater run-off in Morris County by requiring a reduction of up to 95% of the current levels; and

WHEREAS, these new requirements would impose a significant cost increase to sewage authorities and overall municipal operations of $100-300 million for the entire Passaic River Basin above the Wanaque Reservoir intake and this would result in a significant increase in local taxes and sewage disposal rates; and

WHEREAS, the New Jersey Department of Environmental Protection needs to explore more effective and cost beneficial alternatives to the regulations currently being proposed, such as restricting the sale of high phosphorus fertilizer and dishwasher detergents, and installing a phosphorus treatment facility by the North Jersey District Water Supply Commission; and

WHEREAS, some of the premises upon which the New Jersey Department of Environmental Protection has proposed these regulations appear to be flawed; and

WHEREAS, THE New Jersey Department of Environmental Protection has refused to address certain basic scientific facts brought to their attention and ignored the substantial economic impact of these regulations; and

WHEREAS, background data utilized by the NJDEP to reach their conclusions in the need for the new regulations have not been released to the public, and should go through a peer review utilizing the expertise of the National Academy of Sciences or its equivalent.

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

1. The Township Committee supports the Morris County Board of Chosen Freeholders in their support for all reasonable measures to insure the quality and purity of water in New Jersey streams, rivers and lakes; and

2. The Township Committee joins the Morris County Board of Chosen Freeholders in urging the New Jersey Department of Environmental Protection to reconsider its options in addressing the issue of phosphorus discharge in the Passaic River Watershed Basin; and

3. The Township Committee, as does the Morris County Board of Chosen Freeholders, protests the new regulations and urges the withdrawal and redrafting of such regulations from a more practical, realistic, economic and scientific perspective.

4. Copies of this Resolution shall be forwarded to Acting Governor Codey, the Commissioner of the Department of Environmental Protection, the New Jersey State League of Municipalities, the Morris County Board of Chosen Freeholders and the members of the Morris County Legislative Delegation.

Mr. Pierson noted the comment period for major changes to the Green Acres rules has been extended to October 8^th and he asked Mr. Falcon if he has been asked by any clients to draft any comments. Mr. Falcon said he had not, however he will look into the matter and e-mail any comments to Mr. Pierson.

The Township Committee approved the charges listed by department which list is attached hereto and made a part hereof.

Aloisia Boretti, 59 Tingley Road: noting that she is a long time resident of the Township, feels that the roads are closing in due to over-growth of bushes and shrubbery along the roadways. She said she recently observed two school buses taking the corner from Tingley Road onto Washington Valley Road at an excessive rate of speed and suggested parents start following the buses and reporting any concerns to the police.

AN ORDINANCE OF THE TOWNSHIP OF MENDHAM, IN THE COUNTY OF MORRIS, NEW JERSEY, GRANTING MUNICIPAL CONSENT, RIGHT, PERMISSION AND AUTHORITY TO NEW JERSEY-AMERICAN WATER COMPANY, INC., TO CONSTRUCT, EXTEND, MAINTAIN, REPAIR, REPLACE, IMPROVE AND OPERATE FACILITIES FOR THE TRANSMISSION, DISTRIBUTION AND SALE OF POTABLE WATER TO SERVE AN EXTENDED FRANCHISE AREA WITHIN THE TOWNSHIP

WHEREAS, the Township Committee of the Township of Mendham adopted Ordinance 16-92 on July 27, 1992, Ordinance 3-94 on May 24, 1994, and Ordinance 15-97 on July 14, 1997, which ordinances granted to the New Jersey-American Water Company, Inc. (hereinafter referred to as the “Company”) franchises to provide water service to the areas of the Township designated in said Ordinances; and

WHEREAS, pursuant to the provisions of N.J.S.A. 48:19-17, as amended, and N.J.S.A. 48:19-20, as amended, the Company has requested the Township to grant to the Company the municipal consent necessary for the Company to further extend its water service facilities within the Township; and

WHEREAS, it is deemed to be in the best interests of the Township to adopt this Ordinance in order to grant to the Company the requested municipal consent and to include within the area of the Township subject to such consent certain properties not yet provided with water service and certain streets not yet provided with fire hydrant service; and

WHEREAS, the adoption of this Ordinance will not affect water service currently provided by the Morris County Municipal Utilities Authority, the Randolph Township Municipal Utilities Authority and the Southeast Morris County Municipal Utilities Authority to other areas of the Township.

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

1. The Township hereby grants to New Jersey-American Water Company, Inc. the municipal consent required under the provisions of N.J.S.A. 48:19-17, as amended, and N.J.S.A. 48:19-10, as amended, as the same may be required in order to permit the Company to operate and maintain within the area described in Schedule A of this ordinance and hereinafter referred to as the “Extended Franchise Area” a system or systems for the transmission, distribution and sale of potable water. The Company may within such Extended Franchise Areas, construct, extend, maintain, repair, replace, improve and operate all works, mains, services, conduits, pipes, fire hydrants and any related apparatus necessary or convenient for such system or systems in, upon, over, across, along and under each and all of the streets, roads, bridges, other public places and municipal easements within such Extended Franchise Areas as they may at any time exist (all of the foregoing being hereinafter referred to as “public places”), all subject to the conditions

2. All works, mains, services, conduits, pipes and any related apparatus installed or placed by the Company pursuant to the consent granted by this ordinance shall be laid at least three (3) feet below the surface, shall be located so as not to interfere unnecessarily with the use of such public places, shall be installed or placed without damaging such public places or any drains, catchbasins, storm sewers, sanitary sewers or other like municipal improvements, and should damage occur the Company shall promptly repair the damage and restore the public place and any municipal facilities located therein to as good condition as existed prior to the undertaking of any work. All work in public places shall be done by the Company in accordance with the provisions of general ordinances of the Township governing the excavation in and repair of public streets, roads and easement in the Township.

3. The Township hereby agrees to pay to the Company the filed tariff rates for public fire protection service rendered through fire hydrants presently existing within the Extended Franchise Areas and through any other fire hydrants which may in the future be placed by the Company within such franchise area at locations designated by the Township.

4. The municipal consent and the rights and privileges accorded to the Company by this ordinance are granted without any obligation on the part of the Company to pay any charge or fee to the Township for the same or for the exercise of such rights and privileges.

5. This ordinance and the consent contained herein shall apply only to the Extended Franchise Areas described in Schedule A which is attached to and made a part of this ordinance, and compliance with all applicable laws, rules and regulations of the State of New Jersey and all State departments and agencies.

6. The franchise granted by this ordinance shall expire within five years of the date of the adoption of this ordinance unless the Company shall provide water service to the franchise area within that time period.

7. The consent granted hereby is subject to the receipt by the Company of consent from the Morris County Municipal Utilities Authority in accordance with N.J.S.A. 40:14B-61 and the filing by the Company of a true copy of a Consent Resolution of the Morris County Municipal Utilities Authority with the Clerk of the Township of Mendham and with the Secretary of the Board of Public Utilities within 120 days of the Company’s submission of a complete application to the Morris County Municipal Utilities Authority pursuant to the said statute.

8. If any section, paragraph, sentence, phrase or other part of this ordinance shall be voided by any State law, rule or regulation or shall be adjudged by any court of competent jurisdiction to be invalid or inoperative, such State law, rule or regulation, or such court judgment, as the case may be, shall not affect, impair or invalidate the remainder of this ordinance but shall be confined to the section, paragraph, sentence, phrase or other part of this ordinance directly involved.

9. Upon final adoption a certified copy of this ordinance shall be forwarded by the Township Clerk to the Company.

10. This ordinance shall take effect upon publication of notice of final adoption as provided by law.

BOND ORDINANCE PROVIDING FOR VARIOUS CAPITAL IMPROVEMENTS OF THE TOWNSHIP OF MENDHAM, IN THE COUNTY OF MORRIS, NEW JERSEY, APPROPRIATING THE AGGREGATE AMOUNT OF $140,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $128,250 BONDS OR NOTES OF THE TOWNSHIP TO FINANCE PART OF THE COST THEREOF.

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 several improvements or purposes described in Section 3 of this bond ordinance are hereby respectively authorized to be undertaken by the Township of Mendham, New Jersey as general improvements. For the several improvements or purposes described in Section 3, there are hereby appropriated the respective sums of money therein stated as the appropriation made for each improvement or purpose, such sums amounting in the aggregate to $140,000, including the aggregate sum of $9,750 as the several down payments available from the Capital Improvement Fund and $2,000 available from the Reserve for Natural Area Maintenance Fund, for the improvements or purposes required by the Local Bond Law. The source of the down payments and other available funds are explained more fully in Section 3.

Section 2. In order to finance the cost of the several improvements or purposes not covered by application of the several down payments or other available funds, negotiable bonds are hereby authorized to be issued in the principal amount of $128,250 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. The several improvements or purposes hereby authorized for which the bonds are to be issued, the estimated cost of each improvement or purpose and the appropriation therefor, the estimated maximum amount of bonds or notes to be issued for each improvement or purpose and the respective periods of usefulness are as follows:

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 officer. 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 from 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 from 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 purposes described in Section 3 of this bond ordinance are not current expenses. They are all improvements that the Township may lawfully undertake as general improvements, and no part of the costs thereof has been or shall be specially assessed on property specially benefited thereby.

(b) The average period of usefulness, computed on the basis of the respective amounts of obligations authorized for each purpose and the reasonable life thereof within the limitations of the Local Bond Law, is 40 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 notes provided in this bond ordinance by $128,250, and the obligations authorized herein will be within all debt limitations prescribed by that Law.

(d) An aggregate amount not exceeding $115,000 for items of expense listed in and permitted under N.J.S.A. 40A:2-20 is included in the estimated costs indicated herein for the purposes or improvements.

Section 7. Any grant moneys received for the purposes described in Section 3 hereof shall be applied either to direct payment of the cost of the improvements 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.

SALUTE TO THE FLAG

APPROVAL OF MINUTES – September 12, 2005 – Mr. Pierson made a motion to approve these minutes as written; Mr. Schrier seconded the motion. ROLL CALL – Mr. Schrier, Mr. Pierson and Mayor Krieg voted YES. Ms. Florek abstained.

Purpose

Usefulness

TOTALS