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MINUTES – MENDHAM TOWNSHIP COMMITTEE Mayor Pierson called the meeting to order at
ROLL CALL
Present:
Mayor Pierson, Mr. Phelan,
Mr. Schrier, Mr. D’Emidio, Mr. Krieg
Absent:
Also Present: Roger S. Clapp,
Esq., Township Attorney
Penny Newell, Township Clerk SALUTE TO THE FLAGMayor Pierson 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 December 9, 2004; Notice was posted on the bulletin board in Township Offices and Notice was filed with the Clerk on December 9, 2004.” APPROVAL OF MINUTESOLD BUSINESS Mr. Clapp reported that the revisions to the definitions section in the Historic Preservation Ordinance are included in the current draft. HEARING PERSONS PRESENT Upon motion duly made and seconded the meeting was opened to the public. Aloisia Boretti, No others present asked to be heard. Upon motion duly made and seconded the meeting was closed to the public. NEW BUSINESS 1. Resolution R2004-138 RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE 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 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. Phelan made a motion to adopt R2004-138; Mr. D’Emidio seconded the motion. ROLL CALL – All present voted YES. 2. Resolution R2004-139 RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE WHEREAS, R.S. 40:48-5.1 provides that any municipality in which there is not established under municipal authority a public pound for the keeping of stray dogs, cats or other domestic pets may contract with a humane society or other similar organization for the collection, keeping for redemption and disposal of all such stray animals found within the municipality; and WHEREAS, St. Hubert’s Giralda, a corporation of the State of New Jersey not for pecuniary profit, having its principal place of business in the Township of Chatham, County of Morris, State of New Jersey, being a humane society maintaining a pound in the County of Morris, has offered to furnish services to the Township of Mendham, in accordance with terms and conditions set forth in a proposed agreement attached hereto and made a part hereof; and WHEREAS, it is deemed to be in the best interest of the Township of Mendham to enter into such contract with St. Hubert’s Giralda for the calendar year 2005; and WHEREAS, funds will be available for this purpose.
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the 1.
The $10,474.00 for the period 2. The Mayor is hereby authorized and directed to execute on behalf of the Township the contract awarded by paragraph 1 of this Resolution and the Township Clerk is hereby authorized 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 obligation of the Township of Mendham and the proper officials of the Township shall perform all acts necessary for the execution of such contract. 2. Certified copies of this Resolution shall be forwarded by the Township Clerk to Mr. Phelan made a motion to adopt R2004-139; Mr. Schrier seconded the motion. ROLL CALL- All present voted YES. 3.
Resolution R2004-142 RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM, IN THE COUNTY OF MORRIS, NEW JERSEY, AUTHORIZING TRANSFER OF ITEMS OF APPROPRIATION IN ACCORDANCE WITH THE PROVISIONS OF NJSA 40A:4-58 WHEREAS, there appears to be insufficient funds in the following 2004 appropriations to meet the demands thereon for the balance of the year: TO: Administration OE Legal OE Police SW Police OE Hydrants OE Solid Waste OE Board of Health SW Animal Control OE Telephone OE Streets and Roads OE
WHEREAS, there appears to be a surplus in the following 2004 appropriations over and above the demand deemed to be necessary for the balance of the year: FROM: Tax Assessor SW Group Insurance OE Park Maintenance OE Emergency Dispatch OE Snow Removal OE Storm Water Management OE Aid to Seniors OE Recreation SW Social Security OE
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Mendham, in the County of Morris, New Jersey, that in accordance with the provisions of NJSA 40A:4-58, part of the surplus in the appropriations heretofore mentioned be and the same are hereby transferred to the appropriations mentioned as being insufficient to meet the prior demands. BE IT FURTHER RESOLVED that the Treasurer is hereby authorized to make the following transfers: TO: Administration OE $ 2,500 Legal OE 1,500 Police SW 12,000 Police OE 3,000 Hydrants OE 600 Solid Waste OE 2,100 Board of Health SW 100 Animal Control OE 1,800 Telephone OE 1,000 Streets and Roads OE 1,400
Total
$ 26,000 FROM: Tax Assessor SW 4,500 Group Insurance OE 2,000 Park Maintenance OE 2,500 Emergency Dispatch OE 2,000 Snow Removal OE 6,400 Storm Water Management OE 4,000 Aid to Seniors OE 1,200 Recreation SW 900 Social Security OE 2,500
Total
$26,000 A certified copy of this resolution shall be forwarded by the Township Clerk to the Treasurer. Mr. D’Emidio made a motion to adopt R2004-142; Mr. Krieg seconded the motion. ROLL CALL – All present voted YES. 4. Resolution R2004-143 RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE WHEREAS, an emergency has arisen with respect to Police Overtime and no adequate provision was made in the 2004 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 $20,000 and three per cent of the total operating appropriations in the budget for the year 2004 is $256,103.98; 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 2004.
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the 1. An emergency appropriation be and the same is hereby made for Police Salaries and Wages in the amount of $20,000.00 2. That said emergency appropriation shall be provided in full in the 2005 budget. 3. That two certified copies of this resolution be filed with the Director of Local Government Services. Mr. Krieg made a motion to adopt R2004-143; Mr. D’Emidio seconded the motion. ROLL CALL – All present voted YES. 5. Resolution R2004-144 RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE WHEREAS, certain General Capital Improvement appropriation balances remain dedicated to projects now completed; and WHEREAS, it is necessary to formally cancel said balances so that the unexpended balances may be returned to each respective Capital Improvement Fund or credited to Surplus, and unused debt authorizations may be cancelled.
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Amount Amount Ordinance Project Description Cancelled/Funded Cancelled/Unfunded 2-00 OEM Fit Test Equipment $ 6,702.46 17-00 Fire Cistern $ 163.79 6-01 Roof $ 500.00 5-02 Hub Hollow $ 17.71 3-02 DPW Lift $ 39.35 1-03 DPW 4WD Vehicle $ 697.74 697.74 5-03 Air Tanks $ 238.47 238.47 5-03 DPW Vehicles/Equipment $ 7,529.68 7,529.68 5-03 Road Overlays $ 17,459.40 17,459.40 7-03 Ralston Fire Equipment $ 178.55 25-03 Police 4WD Vehicle $ 350.00 24-03 Open Space Preliminary $ 51.54 3-04 Police Equipment $ .82 .82 Total $ 33,929.51 $ 25,926.11 To Capital Surplus $ 8,003.40 Mr. Krieg made a motion to adopt R2004-144; Mr. D’Emidio seconded the motion. ROLL CALL – All present voted YES. 6. Resolution R2004-145 RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE WHEREAS, the following Sewer Utility #1 budget appropriation balances remain unexpended: Capital Improvements Capital Improvement Fund $19,000 WHEREAS, it is necessary to formally cancel said balances so that the unexpended balances may be credited to Surplus.
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the
Mr. Krieg made a motion to adopt R2004-145; Mr. D’Emidio seconded the motion. ROLL CALL – All present voted YES. 7. Resolution R2004-141 RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE
WHEREAS, Charles I. Balut (Charlie) has been associated with the WHEREAS, Charlie began his career with Mendham Township in 1980 as Township Engineer, Superintendent of the Department of Public Works and Assistant Building Subcode Official; and WHEREAS, in 1984 Charlie was appointed to fill a vacancy in the office of Township Construction Official and also was appointed Township Administrator; and WHEREAS, in 1985 Charlie became associated with the Township as the Township Engineer, consulting with the Township Committee, the Township Planning Board and the Township Board of Health, and he has remained in that position until his recent retirement; and WHEREAS, all the many and varied duties that Charlie Balut undertook while associated with the Township were performed with the utmost professionalism and dedication.
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Mr. Phelan made a motion to adopt R2004-141; Mr. D’Emidio seconded the motion. ROLL CALL – All present voted YES. 8. Resolution R2004-140 RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP
OF MENDHAM, IN THE COUNTY OF MORRIS, NEW JERSEY, EXPRESSING
APPRECIATION AND GRATITUDE TO SANTE D’EMIDIO
FOR HIS DEDICATION AND SERVICE TO THE TOWNSHIP WHEREAS, Santẽ D’Emidio
began his service to the as a member of the Planning Board in 1992; and WHEREAS, Santẽ D’Emidio
was elected to the Township Committee beginning WHEREAS,
Santẽ always exhibited a calm and thoughtful approach to the many matters that came before the Township Committee, drawing
upon his expertise in business as well as his background of volunteering with
recreation, scouting and various sports organizations. NOW,
THEREFORE, BE IT RESOLVED by the Township Committee of the Unanimously approved by the Township Committee and presented to Mr. D’Emidio. ADMINISTRATOR REPORT 1. Mr. Mountain reported that the attorney for the Girl Scouts, along with their contractor, met with Mr. Heiney and discussed the issues regarding permits. 2. In response to an inquiry by Mr. D’Emidio, Mr. Mountain indicated that the RFP for the firehouse are being distributed this week. Mr. Krieg said several residents have indicated to him that they have not been successful in contacting the reassessment office to schedule an appointment. Mr. Mountain said that office had been experiencing telephone problems but residents should be able to get through to them now. OPEN ITEMS LIST The Open Items List was reviewed and updated. 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. Aloisia Boretti, Tingley Road: “Merry Christmas” 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 5:38 p.m. The Police Contract was discussed; Mr. Clapp updated the Committee on matters concerning the cell tower; Mayor Pierson updated the Committee about the Masefield subdivision; Mr. Krieg reported on the joint library. Two personnel matters were discussed. Mr. Mountain updated the Committee on a fine imposed by the BPU. Upon motion duly made and seconded the Committee returned to open session at 6:28 p.m. The following resolution was offered: R2004-146 RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM, IN THE COUNTY OF MORRIS, NEW JERSEY, AUTHORIZING A CONTRACT BETWEEN THE TOWNSHIP AND THE MENDHAM TOWNSHIP POLICE BARGAINING UNIT, P.B.A. LOCAL 139, TO GOVERN SALARIES AND TERMS AND CONDITIONS OF EMPLOYMENT DURING THE YEARS 2005, 2006, AND 2007 WHEREAS, pursuant to the provisions of the New Jersey Employer-Employee Relations Act, N.J.S.A. 34:13A-1 et seq., the Township of Mendham and the Mendham Township Police Bargaining Unit, P.B.A. Local 139, undertook negotiations concerning salaries and other terms and conditions of employment for police officers for the four-year period commencing January 1, 2005 and terminating on December 31, 2007; and WHEREAS, the foregoing have resulted in the preparation of a proposed contract entitled “Agreement Between Township the Mendham, in the County of Morris, New Jersey and the Mendham Township Police Bargaining Unit Local 139, January 1, 2005 through December 31, 2007 and hereinafter referred to as the “Police Contract 2005-2007,” a copy of which is on file in the office of the Township Clerk for public inspection; and WHEREAS, the Township Committee believes it is in the best interests of the Township to approve and accept the aforesaid proposed contract and to authorize its execution by the Township.
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the 1. The Police Contract 2005-2007 is hereby approved and accepted by the 2. This resolution shall take effect upon adoption. Mr. Phelan made a motion to adopt R2004-146; Mr. D’Emidio seconded the motion. ROLL CALL – All present voted YES. Mr. Schrier, on behalf of the Members of the Township Committee, thanked Mayor Pierson for his leadership over the past two years. Mr. D’Emidio also thanked everyone. Upon motion duly made and seconded the meeting adjourned at 6:35 p.m. Respectfully submitted: Penny Newell, Township Clerk |
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