The Regular Meeting of the Mayor and Council of the Borough of Madison was held on Monday, the 8th day of April 2002 at 8:20 p.m. in the Council Chamber of the Hartley Dodge Memorial. The meeting was called to order by Mayor John J. Dunne. The Pledge of Allegiance was recited by all. The Borough Clerk called the roll and the following acknowledged their presence:

Mayor John J. Dunne

Council Members:

Mary-Anna Holden
Mark Renart Peck
Eleanor Giles Attonito
George Hayman
Astri J. Baillie
Donald J. Bowen

Also Present:

James R. Allison, Administrator

Joseph Mezzacca, Jr., Borough Attorney

Marilyn Schaefer, Borough Clerk

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 in the office of the Clerk, all on January 10, 2002. Copies of said Notice were made available to members of the general public."

Yeas: Mrs. Holden, Mr. Peck, Ms. Attonito

Mr. Hayman, Ms. Baillie, Dr. Bowen

Nays: None

Mayor Dunne apologized for being a little late starting the meeting this evening. He reported that this evening Council will be voting on a Resolution authorizing the Borough Attorney to initiate legal action against the POD ordinance of Florham Park.

Mayor Dunne made the following comments:

"The dedication of a memorial monument to honor and remember those from Madison who were victims of 9-11 will be held Saturday, May 18, 2002 at 10 a.m. at James Park, at the corner of Main Street at Park Avenue. I invite the public to attend this closing memorial service. As previously announced, those who were current residents of Madison that lost their lives at the World Trade Center are James L. Crawford, Jr., Timothy R. Hughes, Patrick McGuire and those who were long-term residents of Madison are Donald and Jean Peterson, and Peter West. All will be listed on the memorial."

DISTINGUISHED SERVICE MEDAL FOR KOREAN WAR VETERANS:

"All Korean War Veterans who served between the dates of June 23, 1950 and January 31, 1955 will be eligible for a Morris County Distinguished Service Medal as commissioned by the Board of Chosen Freeholders in commemoration of the 50^th anniversary of the Korean War. The medals will be personally presented at a ceremony on May 25 in Madison; location and time of this ceremony will be announced at a later date.

"Last year, the County honored World War II Veterans, and the response was extremely successful. In Madison, County officials and I presented over 300 Morris County Distinguished Service Medals to World War II Veterans at two ceremonies held within the Borough.

"Registration forms for Korean War Veterans are available by calling the County Office at 973-326-7286 or forms may be picked up at the Hartley Dodge Memorial Building, Kings Road, at the main counter in the Clerk’s Office, Madison. Further questions may also be directed to Toni DeRosa at my office, 973-593-3038."

PROCLAMATION:

Mayor Dunne read parts of the following proclamation and urged all residents to join in promoting Organ and Tissue Donor Education and to visit their local post office for donor registration cards and to participate in this endeavor:

"The United States Postal Service Central New Jersey Performance Cluster and The Sharing Network have joined together in seeking municipal support for the declaration of April 22, 2002 as Organ and Tissue Donor Registration Day. April was declared Organ and Tissue Donor Awareness Month in cooperation with Overlook Hospital’s Auxiliary in the Borough of Madison. However, in cooperation with the request from the U. S. Postal Service, a proclamation has been issued declaring the following:

Whereas, realizing the urgent and increasing need for organ and tissue donors in New Jersey, the United States Postal Service Central New Jersey Performance Cluster and the Sharing Network have partnered to address that need through enhanced awareness; and

 

Whereas, the transplantation of organs and tissues is a miracle of modern medicine made possible through the compassion of organ and tissue donors, enabling surgeons to save thousands of lives every year. Donors not only give the gift of life, but also often restore health and sight to recipients of the tissue and organs. People of all ages, ethnic backgrounds and religions are affected by the need for organ transplants and by the serious shortage of organ donors that exists. Currently there are nearly 2,100 New Jerseyans and more than 79,000 Americans awaiting life-saving and life-enhancing transplant operations; and

 

Whereas, every capable person should sign a donor card and support this vital effort by learning more about donating tissue and organs, filling out Donor Registration Cards, making their families aware of their wishes, and be willing to give the precious gift of health, sight and life to people in need; and

 

Now, Therefore, I, John J. Dunne, Mayor of the Borough of Madison, I recognize the United States Postal Service Central New Jersey Performance Cluster and the Sharing Network’s Organ and Tissue Donor Registration Day as a great opportunity to join in the fight to save lives by giving the greatest gift, and I do hereby proclaim Monday, April 22, 2002 as

 

United States Postal Service Central New Jersey Performance Cluster and the Sharing Network

in the Borough of Madison, and I urge all residents to join me in promoting organ and tissue donor education and to visit their local post office for Donor Registration Cards and participation in this endeavor.

EMPLOYEE OF THE MONTH:

"I am pleased to announce that Police Lt. John Trevena has been selected as the Employee of the Month for April. The Committee specifically cited his completion of a statistical analysis for the Police Department and his managerial initiative in developing the analysis. On behalf of the governing body, I extend congratulations to him for his commitment and dedication to the Borough and the Police Department."

ANNIVERSARY ANNOUNCEMENT:

"On March 20, Police Lt. Anthony "Zeke" Devincenzo, Jr. reached a milestone with the Borough as he celebrated his 30^th anniversary. Once again, on behalf of the governing body, I extend thanks and appreciation to Zeke for his long-term commitment, dedication and service to this community and to the Madison Police Department."

Public Works and Engineering
Mrs. Holden, Chair of the Committee, reminded the public that no signs are allowed on the light or utility poles within the Borough.

The Borough Engineer will discuss road improvements as part of the capital plan at the April 22 Council meeting.

Thirty dogwood trees were delivered to the Department of Public Works (DPW) and they will be planted in Summerhill Park and Memorial park. The tree planting will take place for Vince Falcone, and also there are upgrades being made to the park at Condurso Way for the memorial ceremony on May 18. The DPW has also begun its regular tree-planting program.

Arbor Day will be celebrated on May 4, which is the same day as May Day, the clean up and beautification day in Madison. May 8 there will take place a "Wyeth 5K Run With Pride" and proceeds from the run will go to Project Community Pride.

Historic Preservation Week plans are being discussed and plans will be moving forward at the Historic Preservation Commission meeting tomorrow night.

On May 15^th, with a salute to Senator Rich Bagger, there will be a Gala at the Museum of Early Trades and Crafts. This will be a fundraiser for the museum as well as the first award of the "Craftsman of the Year" to be presented to Senator Bagger for his leadership and legislation supporting Historic Preservation.

Public Safety
Mr. Peck, Chair of the Committee, reported that recently Firefighters Joseph Longo and Kevin Robinson graduated from a four week Engine Company Operations Training Course at the Middlesex County Fire Academy. And also, in some breaking news, this afternoon, firefighters were dispatched to the FM Kirby Center to assist a 5 year-old boy who got his arm stuck in a storm drain grate. He was trying to retrieve a small toy that had fallen into the drain. After approximately 45 minutes firefighters were able to free the boy’s arm without further incident. He was treated for minor cuts at the scene and released.

Finance and Borough Clerk
Ms. Attonito, Chair of the Committee, spoke about the fact that tonight the Budget is scheduled for adoption. In light of the Chief Financial Officer’s advice and his three page report given to Council in January, which Mrs. Attonito read at the March 25^th Public Session in full, and due to the fact, that little to zero fat was able to be cut out of this year’s budget--rather it shifted--which also deeply concerned the Finance Officer as well as members of Council, Ms. Attonito suggested that it is time to put a break on the run-away train. She urged Council going forward to support and respect Mr. Kalafut’s concerns and recommendations and to be earnest in attempts to revamp, revisit, and exercise budgetary discipline across the board, so that Madison’s future can have a chance to survive the expenditures.

Utilities
Mr. Hayman, Chair of the Committee, let the people know that the drought is still severe, and asked residents to adhere to the restrictions put out by the State, the County and Madison. Next week the quarterly Madison-Chatham Joint Meeting takes place. That is the time when the whole Chatham Borough Council and Madison Borough Council get together to make decisions regarding the Joint Meeting. Mr. Hayman will not be able to attend that meeting, but he reported on some things that have transpired in the recent past. A mechanic has been hired; the Madison-Chatham Joint Meeting has received their audit; the Joint Meeting had gotten advice on a local limits study that was required. Mr. Thalmann, Superintendent of the Joint Meeting, reported to the Joint Meeting that effluent water may be available during the summer time to use on plantings--it is treated water that can’t be drunk.

Community Affairs
Ms. Baillie, Chair of the Committee, thank the Downtown Development Commission (DDC) for organizing the Bagpipers from Scotland last Wednesday. Despite the weather there was a good crowd. They really appreciated the effort of the DDC. There was food, and the Mayor was able to take people around and show them the Hartley Dodge Memorial building. Administrator James Allison gave visitors a tour of the Council Chamber and explained the history of the artwork there.

The Chamber of Commerce is going to institute "Going the Extra Mile". They are going to ask residents to identify those merchants or employees who have done something special in downtown—those identified will then be honored at the Chamber of Commerce picnic. Information will be forthcoming on that program.

Ms. Baillie announced that the Senior Center has a program "Caring for You, Caring for Me"--a 10 hour/5 week Caregiver Education and Support Workshop scheduled for Wednesday, April 24th, May 1st, 8th, 15th and 22nd from 10:00 am to 12:00 pm. Interested individuals should call the Senior Center Director Joan Holmes at (973) 593-3094. There is small registration fee.

Ms. Baillie reminded the public about the 7^th Annual Photo ID Day set for Friday May 17^th beginning at 11am at the Madison Senior Center, 20 Walnut Street. The program is co-sponsored by the Madison Police Department and the Madison Senior Center and it is for Madison residents to be photographed for identification purposes.

Health and Public Assistance
Dr. Bowen, Chair of the Committee, reminded the public about the Project Pride Breakfast tomorrow morning. In addition, the Health Center is scheduled to move into their new quarters at the Civic Center on April 24, 2002.

PETITIONS – None.

1) Mayor Dunne ordered the Clerk to read Ordinance 12-2002 by title:

ORDINANCE 12 - 2002

ORDINANCE OF THE BOROUGH OF MADISON APPROPRIATING $55,000.00 FROM THE ELECTRIC UTILITY CAPITAL IMPROVEMENT FUND FOR THE PURCHASE OF PARTS AND LABOR FOR REBUILDING TRANSFORMER TAP CHANGERS AT JAMES PARK SUBSTATION

WHEREAS, the Electric Utility Supervisor has recommended that the Borough purchase parts and labor for rebuilding transformer tap changers on Bank 3A, 3B and 4A at James Park Substation; and

WHEREAS, the Director of Finance has attested to the availability of the funds in the Electric Utility Capital Improvement Fund in an amount not to exceed $55,000.00 for this purpose; and

WHEREAS, the Borough Council has determined that the Borough should appropriate $55,000.00 from the Electric Utility Capital Improvement Fund for the purchase of parts and labor for rebuilding transformer tap changers on Bank 3A, 3B and 4A at James Park Substation.

NOW, THEREFORE, BE IT ORDAINED by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, as follows:

SECTION 1: The amount of $55,000.00 is hereby appropriated from the Electric Utility Capital Improvement Fund for the purchase of parts and labor for rebuilding transformer tap changers on Bank 3A, 3B and 4A at James Park Substation.

SECTION 2: The budget of the Borough is hereby amended to conform with the provisions of this Ordinance.

SECTION 3: This Ordinance shall take effect as provided by law.

Mr. Hayman moved that Ordinance 12-2002 be introduced by title, passed on first reading, that a public hearing be held and consideration for second reading and final passage of said Ordinance occur on April 22, 2002 at 8:00 p.m. at the Municipal Building, Hartley Dodge Memorial, Kings Road, in the Borough of Madison, and the Clerk was directed to publish, post and make available said Ordinance in accordance with the requirements of law.

Mr. Peck seconded the motion. There was no Council discussion and the motion passed with the following roll call vote recorded:

Yeas: Mrs. Holden, Mr. Peck, Ms. Attonito
Mr. Hayman, Ms. Baillie, Dr. Bowen

Nays: None

2) Mayor Dunne ordered the Clerk to read Ordinance 13-2002 by title:

ORDINANCE OF THE BOROUGH OF MADISON APPROPRIATING $12,300.00 FROM THE GENERAL CAPITAL IMPROVEMENT FUND FOR UPGRADE OF TRAFFIC SIGNALS AT PARK AVENUE AND RIDGEDALE AVENUE

WHEREAS, the Borough Police Chief has recommended that the Borough upgrade the traffic signals at the intersection of Park Avenue and Ridgedale Avenue; and

WHEREAS, the Director of Finance has attested to the availability of funds in the General Capital Improvement Fund in an amount not to exceed $12,300.00 for this purpose; and

WHEREAS, the Borough Council has determined that the Borough should appropriate $12,300.00 from the General Capital Improvement Fund to upgrade the traffic signals at the intersection of Park Avenue and Ridgedale Avenue.

NOW, THEREFORE, BE IT ORDAINED by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, as follows:

SECTION 1: The amount of $12,300.00 is hereby appropriated from the General Capital Improvement Fund to upgrade the traffic signals at the intersection of Park Avenue and Ridgedale Avenue.

SECTION 2: This Ordinance shall take effect as provided by law.

Mr. Peck moved that Ordinance 13-2002 be introduced by title, passed on first reading, that a public hearing be held and consideration for second reading and final passage of said Ordinance occur on April 22, 2002 at 8:00 p.m. at the Municipal Building, Hartley Dodge Memorial, Kings Road, in the Borough of Madison, and the Clerk was directed to publish, post and make available said Ordinance in accordance with the requirements of law.

Mrs. Holden seconded the motion. Mr. Bowen reported that he asked about the pedestrian access at the intersection and was assured that it would occur. There was no further Council discussion and the motion passed with the following roll call vote recorded:

Yeas: Mrs. Holden, Mr. Peck, Ms. Attonito
Mr. Hayman, Ms. Baillie, Dr. Bowen

Nays: None

Mayor Dunne had an announcement before moving on to the Invitation for Discussion. Council has Resolution 81-2002 drawn up by the Borough Attorney, which authorizes the Borough Attorney to institute or initiate, legal action in reference to the POD ordinance of Florham Park.

On motion by Mr. Peck, seconded by Mrs. Holden and carried, the following Resolution was read in full and adopted:

WHEREAS, the Madison Borough Council previously requested the Borough of Florham Park to withhold adoption of Florham Park Borough Ordinance 04-02, which rezoned the entire tract known as the Exxon property on Park Avenue in the Borough of Florham Park;

and

WHEREAS, the Borough of Madison authorized the Borough Attorney and the Borough Planner to appear at the public hearing on Ordinance 04-02 before the Florham Park Council and urge that it not be adopted until sufficient regional traffic studies and environmental studies could be performed; and

The following roll call vote was recorded adopting Resolution 81-2002:

Yeas: Mrs. Holden, Mr. Peck, Ms. Attonito
Mr. Hayman, Ms. Baillie, Dr. Bowen

Nays: None

Mayor Dunne opened the meeting to the public for their opportunity to ask questions and make comments. Mayor Dunne asked that upon recognition by the Chair, the person shall proceed to the lectern and give his/her name and address in an audible tone of voice, and print the same on the sheet provided for the record. He/she shall limit his/her statement to four (4) minutes or less.

Larry Bruce, Laurel Way, thanked Mayor Dunne for creating the position of Council Liaison to the School Board. He then took issue with what he saw as a Council member being actively involved in the school board candidates’ campaign.

Sarah Mercuri, Main Street, asked if it is possible or feasible to hire a hydrologist as part of the suit against Florham Park. Ms. Mercuri was advised that the resolution passed authorizes the Borough Attorney to initiate a suit against Florham Park and if Mr. Mezzacca deems that a hydrologist or any other expert would be beneficial to the Borough, Council would not stand in his way. There was a long discussion on how the Borough got to this point from first learning about the Exxon-Mobil property being for sale to the Borough of Madison initiating suit against Florham Park due to the Florham Park POD ordinance and whether or not Madison was able to establish a true dialogue with Florham Park to make a difference in the ordinance.

Judy Kroll, Laurel Way, was delighted with the resolution voted upon this evening to authorize the Borough Attorney to initiate a suit against the Borough of Florham Park and was hopeful that other towns will join Madison.

Christine Hepburn, Glenwild Road, referred to Mayor Dunne’s letter which was published in the Madison Eagle. She offered a copy of a February letter sent to Mayor Doyle from three legislators asking Florham Park to cooperate with Madison.

Pat Sarasohn, Pine Ave, thanked the Council and Mayor for passing the resolution authorizing the lawsuit against Florham Park, and asked about the procedures involved and the likelihood of success of the suit. Mr. Mezzacca replied. He has done research and feels that the Borough has specific grounds to go to court, but there is no guarantee as to the outcome.

Dave Feder, Ridgedale Ave, thanked the Mayor and Council for what they have done in opposing the Florham Park POD ordinance.

Kathleen Caccavale, Central Ave, questioned regional impact and environmental impact and thanked the Mayor and Council for moving forward with the resolution authorizing the lawsuit.

Mr. Peck noted that now that the Borough is in a litigation situation all comments and related matters ought come through the Borough attorney.

Joshua Roth, 64 Glenwild Road, congratulated the Council on its resolution tonight authorizing the Borough Attorney to commence litigation due to the Florham Park POD ordinance. There followed a long discussion on whether or not the process was open to the public early on and whether or not things could have been handled differently. Mr. Roth added that Mr. Kerkeslager, former Council Member, present in the audience this evening, said more than a year ago that this is the single most important issue facing Madison. Mr. Roth wanted that noted for the record.

Tim Harrington, Cross Gates Road, commented that this is very politically sensitive and complex litigation, with lots of political overtones and stated his view that politics do enter into judiciary decisions. He offered his opinion that the Borough needs to evaluate the issues, and not hesitate to get a "Johnny Cochran" of expertise, or risk loosing the litigation. Mr. Harrington went on the record saying Madison will ultimately loose the Sunrise appeal at Bayley-Ellard.

Dorina Martirano, Greenwood Avenue, member of the Recreation Advisory Committee as well as a resident across from the street from Dodge Field, commended Astri Baillie for her diligent work with the Recreation Advisory Committee. She spoke of many issues affecting the children in Madison and spoke of the need to have places for these kids to hang out and just be part of the community. She commended Council for bringing the lights back on at the basketball court.

Fran Clinton, Ridgedale Ave, thanked the Council for voting favorably on the Florham Park issue. She spoke of the quality of life in Madison being imperiled due the Florham Park POD ordinance which would increase traffic and pollution.

Ellwood Kerkeslager, Prospect Street, in a long statement, thanked the Mayor and Council for their action tonight. He thanked all the groups and individuals who collectively have been working diligently on this issue. He also commented that Florham Park did cooperate when it didn’t matter and they did not cooperate when it did matter.

Mayor Dunne called up the 2002 Budget Resolution for hearing and ordered the Clerk to read the Budget Notice and Resolution by title.

#72-2002, RESOLUTION OF THE BOROUGH OF MADISON ADOPTING THE 2002 BUDGET

The 2002 Budget resolution was introduced by title and passed on first reading at a Regular Meeting of the Council held on March 11, 2002, was published by summary in the Madison Eagle on March 28, 2002, according to law, was posted on the bulletin board at the main entrance to the Hartley Dodge Memorial, filed with the Division of Local Government Services, the Morris County Library and the Madison Public Library, and copies have been made available to members of the general public.

Mayor Dunne opened up the public hearing on the 2002 Budget and asked if anyone wished to be heard.

Joe Strelkoff, Buttenheim Terrace, in a lengthy statement, suggested ideas for changing the budget procedures—Council should decide the level of spending and the level of taxes and then, along with the Chief Financial Officer, should decide how this level of expenditures should be allocated among the department heads. He spoke of performance reviews being tied to compensation. He thought it was important to recall that when the Borough went forward with the purchase of the Civic Center, a commitment was made to the people of Madison that this purchase would be financed by the sale of 10 Maple Avenue and the Central Avenue Health Center building.

Art Powell, Garfield Avenue, had questions about the Budget in Brief as it related to health care costs, Electric Utility surplus, the reserve for uncollected taxes, and the possibility of releasing some surplus to reduce taxes, which questions were addressed by Chief Financial Officer Robert Kalafut.

Tim Harrington, Cross Gates Road, asked about the increase in wages and how much of that is due to increases in "head count". Chief Financial Officer Robert Kalafut responded that the increase in "salaries and wages" is a direct result of negotiated contracts, increase in payments for retirees, and in some cases increases for overtime pay. Mr. Harrington was advised that the average increase in salaries was 3.5%.

Since no other members of the public wished to be heard, the public hearing was closed.

Mr. Peck moved that the 2002 Budget resolution be read by title and be finally adopted. Mr. Hayman seconded the motion. Dr. Bowen observed that much of the money that is being voted on now is a result of spending decisions in the past and agreed with comments that the only way to hold down the increase in taxes is to watch the spending.

There was no further Council discussion and the motion passed with the following roll call vote recorded:

Yeas: Mrs. Holden, Mr. Hayman, Ms. Baillie, Dr. Bowen

Nays: Mr. Peck, Ms. Attonito

On motion by Ms. Attonito, seconded by Mr. Hayman and carried, Resolution 73-2002 was read by title and adopted.

#73-2002. RESOLUTION OF THE BOROUGH OF MADISON ASSUMING RESPONSIBILITY OF CONDUCTING THE ANNUAL BUDGET EXAMINATION

R 73 - 2002

 

RESOLUTION OF THE BOROUGH OF MADISON ASSUMING RESPONSIBILITY OF CONDUCTING THE ANNUAL BUDGET EXAMINATION

 

WHEREAS, N.J.S.A. 4OA:4-78b has authorized the Local Finance Board to adopt rules that permit municipalities in sound fiscal condition to assume the responsibility normally granted to the Director of the Division of Local Government services, of conducting the annual budget examination; and

ADOPTED AND APPROVED

April 8, 2002

JOHN J. DUNNE, Mayor

Attest:

MARILYN SCHAEFER, Borough Clerk

BOROUGH OF MADISON

COUNTY OF MORRIS

Certification of 2002 Approved Budget

It is hereby certified that the 2002 Approved Budget complies with the requirements of law and approval is given pursuant to N.J.S.A. 4OA:4-78(b) and N.J.A.C. 5:30-7.

It is further certified that the municipality has met the eligibility requirements of N.J.A.C. 5:30-7.4 and 7.5, and that I, as Chief Financial Officer, have completed the local examination in compliance with N.J.A.C. 5:30-7.6.

Dated: April 8, 2002 By:

Robert F. Kalafut

Chief Financial Officer