M I N U T E S
OF A REGULAR MEETING OF THE MAYOR
AND COUNCIL OF THE BOROUGH OF MADISON
February 8, 1999 - 8:00 p.m.
The Regular Meeting of the Mayor and Council of the Borough of
Madison was held on Monday, the 8th day of February, 1999 at 8:00 p.m. in the Council
Chamber of the Hartley Dodge Memorial. The meeting was called to order by Mayor Gary E.
Ruckelshaus. The Pledge of Allegiance was recited by all. The Borough Clerk called the
roll and the following acknowledged their presence:
Mayor Gary E. Ruckelshaus
Council Members:
John J. Dunne
Martin F. Barbato
Nino A. Coviello
Mary-Anna Holden
Peter R. Flemming, Sr.
Ellwood R. Kerkeslager
Also Present:
James R. Allison, Administrator
Joseph Mezzacca, Jr., Borough Attorney
The Borough Clerk read the statement pursuant to the Open Public
Meetings Act:
"In compliance with the Open Public Meetings Act, adequate notice
of this meeting of the Council was provided by distributing the Annual Meeting Schedule to
the Madison Eagle and Morris County Daily Record, posting a copy on the Bulletin Board at
the Main Entrance of the Hartley Dodge Memorial, and filing a copy with the Municipal
Clerk, all on January 4, 1999. Copies of said Notice were made available to members of the
general public."
APPROVAL OF MINUTES
On motion by Council Member Barbato, seconded by Council Member
Coviello and carried, the Minutes of the Reorganization Meeting of January 1, 1999, and
Regular Meetings of January 11, 1999 and January 25, 1999 were approved.
The following roll call vote was recorded:
Yeas: Mr. Dunne, Mr. Barbato,
Mr. Coviello
Mrs. Holden, Mr. Flemming, Mr. Kerkeslager
Nays: N o n e
On motion by Council Member Barbato, seconded by Council Member
Coviello and carried, the Minutes of the Work Meetings of January 11, 1999 and January 25,
1999 were approved.
The following roll call vote was recorded:
Yeas: Mr. Dunne, Mr. Barbato,
Mr. Coviello
Mrs. Holden, Mr. Flemming, Mr. Kerkeslager
Nays: N o n e
GREETING TO PUBLIC
Mayor Ruckelshaus made the following comments:
"Good evening, everyone, and welcome to this Regular Meeting of
Mayor and Council. Many wonderful events are on the horizon for Madison within the next
few months.
"I begin by announcing that on Saturday, April 17, Madison will
host its annual Mayor’s Conference. It will be a half-day seminar at the Hamilton
Park Conference Center entitled "Madison's Economy in the New Millennium." This
conference brings together the subject matter of our two previous conferences, historic
preservation and RoseNet, and it will focus on the economic and technological demands in
the future and how they may impact our community. A strong business community is an asset
for everyone in town, and we are attentive and vigilant to making it even stronger.
"Co-chaired by Councilmen Martin Barbato and Woody Kerkeslager,
and DDC Chairwoman Deborah Starker, the seminar will be presented to local business
owners, downtown merchants, entrepreneurs, Chamber of Commerce members and anyone who has
an interest in Madison's future. Speakers have been invited to address three basic topics
that will be presented. We will take a look at:
- economics at the state, county and local levels, and what businesses and economists
foresee for the future;
- how downtown districts are changing as technology and new markets lead us into the new
millennium; and
- we will provide valuable information on electronic commerce, including the capabilities
and benefits of implementing e-commerce by Madison businesses.
"Apparently our conference is noteworthy on a national basis as
there will be a feature story on Madison and the Conference itself in the Christian
Science Monitor in the next week. Additional information will be announced as the
planning develops.
"We know that technology is moving quickly, and I am proud to say
that Madison is moving along with it just as quickly, thanks to the expertise and efforts
of Councilman Woody Kerkeslager. As a result of the global communications conference that
he and I attended in France last November, we now have a sister city relationship with the
French town of Issy-les-Moulineaux. The Paris suburb, also a networked community, will be
celebrating its Internet Week that begins March 15. Arrangements have been made to have
several Madison High School French students participate in a video conference scheduled
for March 22 at 11:00 a.m. with students in France. The electronic meeting will take place
in a conference room at AT&T in Florham Park. Although there have been several
meetings electronically between representatives of the towns, the adventure for Madison's
students at this first international video conference will be an outstanding experience
for them. Superintendent Lawrence Feinsod, School Board Member Carol Zeglis, and Madison
High School teachers will also participate in this international video conference along
with Councilman Kerkeslager and me. Andre Santini, Mayor of the French community, and I
will also have an opportunity to exchange greetings. He and his aide, Eric Legale as well
as educators and two high school students that are part of the ‘City Youth
Council’ will participate from France. The subject of discussion will be on
exploration of areas for cooperation and sharing of experiences in government and
education.
"In addition, Mayor Santini, who is also a member of the French
National Assembly, which is comparable to our House of Representatives, and leader of
other national groups in France, will be taking a business trip to North America in April
and plans to visit Madison on April 19. Joining the Mayor on this trip will be his aide
Eric Legale and Dr. Sylviane Toporkoff, organizer of the Paris Global Forum at which Woody
and I spoke. Councilman Kerkeslager and I had an opportunity to visit the city hall of
Issy-les-Moulineaux and had dinner with Mayor Santini. I look forward to introducing the
Mayor and Dr. Toporkoff to our community, our schools, our universities, and our
corporations. But, more importantly, the pleasure of building bridges across continents
through technology will be a highlight in the history of Madison.
"I will also take time to introduce Mayor Santini to Madison's
many volunteer programs and the accomplishments we have achieved as a result of our
volunteers' efforts. Tonight, on behalf of the governing body and the community, it is my
pleasure to extend my congratulations to Kathleen Garguilo and Patrice Raneri for their
volunteer commitment and co-chairmanship of Fire Vision, a committee established last
September to fundraise for two thermal imaging cameras for the Madison Fire Department.
Through their initiation and planning to provide this valuable equipment to the Fire
Department, they have successfully reached their goal. With contributions from all
segments of the community -- students, merchants, local clubs, foundations and
corporations -- a total of $36,000 has been raised for these infra-red cameras that allow
firefighters to pinpoint the source of a fire. The amount raised in such a short time is
remarkable, and I extend thanks and appreciation to everyone in the community who helped
make this a reality. If just one life is saved by having the cameras at the scene
of a fire, the true value of the units is immeasurable.
"With much appreciation, I invite Kathy Garguilo, Patti Raneri,
Fire Chief Doug Atchison and Councilman Nino Coviello to come forward for the
presentation."
On behalf of the Fire Vision Committee and the Madison community, the
two cameras were presented to Fire Chief Atchison. There was a long round of applause.
Chief Atchison expressed his pride and thanks to all in the community who made this
donation of the cameras possible. Chief Atchison complimented the Fire Vision Committee
for their extraordinary determination in accomplishing this project. Mrs. Garguilo and
Mrs. Raneri of the Fire Vision Committee were presented plaques in honor of their efforts
and accomplishments.
REPORTS OF COMMITTEES
Public Works and Engineering
Mr. Dunne, Chair of the Committee, thanked the Public Works Department for their labor
and overtime in January as they responded to six snowfalls/ice removal in Madison.
Overtime of 1,097 hours coupled with the sand and salt cost resulted in a cost of
approximately $48,049.
Utilities
Mr. Barbato, Chair of the Committee, no report.
Public Safety
Mr. Coviello, Chair of the Committee, no report.
Finance and Borough Clerk
Mrs. Holden, Chair of the Committee, reported on a water main break on Main Street
and complimented the Borough Departments for their quick work in stemming the flow of
water and preventing a possible cave-in.
Health and Public Assistance
Mr. Flemming, Chair of the Committee, no report.
Community Affairs
Mr. Kerkeslager, Chair of the Committee, no report.
COMMUNICATIONS AND PETITIONS
1) Letter received February 3rd from Edward Fernandez, 14 Dean
Street, on behalf of the residents of Dean Street requesting a permanent closing of the
A&P Dean Street gate.
2) Letter received February 1st from Ken Sullivan, 23 Rose Avenue concerning
noise from Morristown Airport and thanking Mayor Ruckelshaus and Borough Engineer Stan
Schrek for their updates and support to help bring about a measurable change in the amount
of Morristown Airport noise which Madison must tolerate.
3) Letter received January 26th from Anne Sprink, 69 Shadylawn Drive,
requesting an ordinance to protect owners from run off of water.
4) Letter received January 20th from Lynn Macagnano, 72 Greenwood Avenue,
regarding construction of an office building on the site of three old houses on Main
Street.
5) Letter received from Nicholas Chubay, 142 Central Avenue, opposing purchase of the
Walnut Street property.
ADVERTISED PUBLIC HEARINGS
None.
INTRODUCTION OF ORDINANCES
None.
INVITATION FOR DISCUSSION
Mayor Ruckelshaus opened the meeting to the public for their opportunity to ask
questions and make comments.
Patricia Dow, 136 Rosedale Avenue, submitted a petition signed by approximately
150 seniors, who wanted to go on record supporting the purchase of the Walnut Street
Property in Madison . The petition stated: "We, the undersigned, strongly urge the
Mayor and Borough Council to pursue the purchase of the Walnut Street site for a facility,
with plenty of parking, that would immediately address a central location for the teen and
senior citizen programs, the Health Department, Public Assistance and the Recreation
Department, while providing a potential for future expansion and alleviation of traffic
congestion with a pickup/drop-off zone for the Central Avenue School and a general
all-purpose room for community events." The petition was then delivered to the
Borough Clerk.
Betty Hardy, 178 Central Avenue, strongly advocated purchase of the Walnut
Street property for a teen/senior center so there would be one location for all programs
which would provide adequate and safe parking. Mrs. Hardy promised a $10,000 donation for
development of the teen/senior center at the Walnut Street property, should it be
purchased.
Since no other members of the public wished to be heard, the Mayor closed the
invitation for discussion.
RESOLUTIONS
Council Member Barbato moved that the following Resolution be
adopted:
#30-99 Authorizing Appointment of Raymond Vito as Customer Service Person
Council Member Coviello seconded the motion. There was no Council
discussion, and the motion passed with the following roll call vote recorded:
Yeas: Mr. Dunne, Mr. Barbato, Mr. Coviello
Mrs. Holden, Mr. Flemming, Mr. Kerkeslager
Nays: N o n e
Council Member Barbato made the following comments on Resolution 31-99 which is on the
Agenda this evening. The resolution authorizes professional services of a Borough
Prosecutor. Mr. Barbato explained that this issue is before Council due to the untimely
passing of Judge Bill Bonanno. Council unanimously agreed to elevate the then Prosecutor
Gary Troxell to the position of Municipal Judge. At an Executive Session meeting in
October, the Council unanimously decided that the position of prosecutor should be
publicly advertised and, by that decision, the search should not be limited to Madison
residents. The Council further decided that a subcommittee would be formed if a large
number of resumes were received. The Council received approximately seventy resumes in
response to the advertisement. A subcommittee was formed which ultimately included
Councilmen Jack Dunne and Martin Barbato, Police Chief Ed Kluck, and former Councilmen
Dennis Mullins and Bruce Galton. After reviewing all the resumes, the Council ultimately
agreed to a list of twenty-seven candidates to be interviewed by the subcommittee. In
January, interviews were conducted over the course of two Saturdays. Each candidate was
given approximately fifteen minutes and was subjected to a consistent set of questions
concerning the candidate’s prior relevant experience, approach to the position,
relations with Police Officers, conflict of interest, reasons for seeking the position,
and prior experience with juveniles. Following the interviews, the subcommittee agreed
that each member would prepare a list of the top ten candidates. From these five lists,
one candidate received the support of all five subcommittee members, and six candidates
received support from four members. From these seven individuals, each subcommittee member
selected his top three candidates. When these final lists were prepared, one candidate
received the support of all five subcommittee members. Finally, the subcommittee findings
were presented to the Council for final decision. On behalf of the subcommittee, Mr.
Barbato said that the number of applicants with impressive credentials was outstanding.
The interviewees included eleven with prior municipal prosecutor experience, eleven with
county prosecutor experience, five with public defender experience and some with attorney
general experience. Nearly all had prior experience in municipal court. The selection
process was difficult. Of additional consideration was the fact that a number of the top
candidates were Madison residents, or once called Madison their home. Madison is truly
fortunate to have such talented people. Mr. Barbato thanked each of them for their
interest in this challenging public service position. In the end a decision had to be
made. Former Councilman Galton said "We are picking among gems." Peter Gilbreth,
the only candidate to receive unanimous support of the subcommittee, brings to the
position both county and municipal prosecutor experience, one of only two candidates with
both experiences, and should serve Madison admirably. Mr. Barbato thanked the subcommittee
members for all their work and dedication to this most difficult task.
Council Member Coviello moved that the following Resolutions be adopted:
#31-99 Authorizing Contract for Professional Services of Borough Prosecutor
#32-99 Approving Raffles License Applications Submitted by Big Brothers & Big
Sisters of Morris County
#33-99 Approving Renewal of Taxi Driver’s Permits for 1999
#34-99 Approving 1999 Livery Driver’s Permit No. 14 for Joyce Mantone of Rose City
Limo, Inc.
#35-99 Approving Renewal of Taxi Licenses for 1999
Council Member Barbato seconded the motion. Mr. Dunne explained that he
would be abstaining on Resolution 31-99, as he worked with the future prosecutor. The
motion for adoption of the aforementioned Resolutions passed with the following roll call
vote recorded:
Yeas: Mr. Dunne, as to Resolutions 32-99, 33-99, 34-99, 35-99
Mr. Barbato
Mr. Coviello, as to Resolutions 32-99, 33-99, 34-99, 35-99
Mrs. Holden, as to Resolutions 32-99, 33-99, 34-99, 35-99
Mr. Flemming, Mr. Kerkeslager
Nays: Mr. Coviello, as to Resolution 31-99
Mrs. Holden, as to Resolution 31-99
Abstain: Mr. Dunne, as to Resolution 31-99
Council Member Holden moved that the following Resolution be adopted:
#36-99 Adopting Budget Guidelines for 1999
Council Member Flemming seconded the motion. There was no Council
discussion, and the motion passed with the following roll call vote recorded:
Yeas: Mr. Dunne, Mr. Barbato, Mr. Coviello
Mrs. Holden, Mr. Flemming, Mr. Kerkeslager
Nays: N o n e
UNFINISHED BUSINESS
None.
APPROVAL OF VOUCHERS
On motion by Council Member Holden, seconded by Council Member
Flemming and carried, the following vouchers of the Borough of Madison were approved for
payment, and the supporting documentation of said vouchers was made part of the
Supplemental Minute Book:
Public Safety $14,113.51
Health & Public Assistance 6,276.68
Public Works & Engineering 181,613.69
Community Affairs 7,350.11
Finance & Borough Clerk 3,075,729.55
Utilities 149,337.82
Total $3,434,421.36
The following roll call vote was recorded:
Yeas: Mr. Dunne, Mr. Barbato,
Mr. Coviello
Mrs. Holden, Mr. Flemming, Mr. Kerkeslager
Nays: N o n e
NEW BUSINESS
Mayor Ruckelshaus announced the following appointments to the PARKS ADVISORY
COMMITTEE for one-year terms through December 31, 1999, and requested Council
confirmation.
Frank Moore
Bill Paland
Norman Merz
Bill Kitchell
Brett Kaufmann
Council Member Dunne moved approval of the foregoing appointments. The motion was
seconded by Council Member Holden and carried, with the following roll call vote recorded.
Yeas: Mr. Dunne, Mr. Barbato,
Mr. Coviello
Mrs. Holden, Mr. Flemming, Mr. Kerkeslager
Nays: N o n e
ADJOURNMENT
Since there was no further business scheduled to come before
the Council, on motion by Council Member Flemming, seconded by Council Member Kerkeslager
and carried, the meeting was adjourned at 8:41 p.m.
Respectfully submitted,
Marilyn Schaefer
Borough Clerk
