The Regular Meeting of the Mayor and Council of the Borough of Madison was held on Monday, the 9th day of December 2002, at 8:40 p.m. in the Council Chamber of the Hartley Dodge Memorial. Mayor John J. Dunne called the meeting to order. 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
George Hayman
Astri J. Baillie
Donald J. Bowen
Victor H. Schumacher
Edward T. Rebholz

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."

APPROVAL OF MINUTES
Mrs. Holden moved approval of the November 25, 2002 Regular, Public and Executive Meeting Minutes. The motion was seconded by Ms. Baillie and carried, with the following roll call vote recorded:

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

Dr. Bowen, Dr. Schumacher, Mr. Rebholz
Nays: None

Mayor Dunne made the following comments:

"I wish to extend special thanks to Coviello’s Flowers & Gifts for the two beautiful holiday wreaths that are in front of the Hartley Dodge Memorial Building. Every year Coviello’s generously supplies the Borough with these wreaths, and we are grateful for their contribution. Our wishes to Coviello Brothers for a successful holiday season and a prosperous New Year."

"On Friday, December 6, a special re-dedication ceremony was held for the two Honor Roll display cases that stand in the Rotunda of the Hartley Dodge Memorial Building as a tribute to all Madison veterans. The date of December 6 was also selected as a distinctive significance for the many U. S. lives lost during the Pearl Harbor attack, December 7, 1941, and it served to remind the public of the serious commitments made by those who serve our nation. Special guests at the ceremony were the 3rd, 4th and 5th graders from St. Vincent’s School who attended as part of their participation in The President’s Student Service Challenge Program. Members of the public and employees at the Hartley Dodge Memorial were also present. One of the displays lists the names of those veterans from Madison who lost their lives during their military service to our nation, while the second display pays tribute to all veterans. A new display now includes names of all known Madison veterans that served during any military service period. To date, the list includes the names of over 2000 veterans from Madison. Names may be added to the list upon request by calling Toni DeRosa at 973-593-3038. Special thanks to employees John Blair, Lewis Cornine, James Sodano and Toni DeRosa for their assistance in developing this project and preparing the Honor Roll displays.

"At this time, I also wish to congratulate John Blair, our Superintendent of Public Works, for his many years of service to the Borough of Madison as he will soon be retiring. John’s last official work day at the Borough will be December 20, and as such, this is his last meeting with the Borough. John has been with the Department of Public Works over 44 years. His service and commitment are outstanding, and he will be missed by many. On behalf of the governing body, I extend very best wishes to John in his retirement for many happy, healthy warm days "in the sun" in Madison and at the Shore with his family and friends."

Happy Holidays
"May I take this opportunity, since this is the Borough Council’s last Regular Meeting for the year, to wish everyone a very happy and safe holiday season, with the added request to drive carefully, increase awareness of your surroundings, and get to know your neighbors – not just during the holiday season, but throughout the year. Our men and women in the military are away from home protecting our land, our shores, and our freedoms. Special holiday wishes are extended to the many men and women in military service who are away from their Hometown, U. S. A. as they guard the liberties we enjoy every day. With our wishes, we send them our thoughts and prayers for peace on earth."

Mayor Dunne read the following Proclamation in honor of the 100^th birthday of Mrs. Schindler who resides in Madison. The Proclamation will be presented to Mrs. Schindler at her birthday reception, 28 Gibbons Place, Madison, on Sunday, December 15, 2002:

Whereas, Lillian Schindler was born on December 17, 1902 in Chatham Township, formerly known as "Dutchtown", New Jersey to the parents of Charles Behre and Mary Kaisch Behre; Lillian was the 6^th child in a family of 11 children; and

Whereas, Lillian moved to the Borough of Madison when she was 8 years old and attended the Green Avenue School, the site of the present Presbyterian Church of Madison; and when she was 14 years old, her family lived on Gibbons Place for approximately one year, during which time she had the opportunity to meet a special young man, namely, Fred Schindler, not knowing she would some day become his bride; and

Whereas, as a young businesswoman during her pre-wedding days, Lillian worked for the Westinghouse Company in Newark, New Jersey for a brief period, commuting daily by train to her place of business; and

Whereas, following a courtship with Fred Schindler, Lillian married Fred on November 30, 1925 at a ceremony which took place at the parsonage of the United Methodist Church on Madison Avenue, and they took residency at 28 Gibbons Place, the home of Fred’s parents, where Lillian has remained until the present, happily engaging her life as a wife, mother and homemaker; and

Whereas, Lillian and Fred became the proud parents of three children: Frederick, Barbara and Lillian; and their beginning together has brought even more family growth, that is, the rich blessing of 12 grandchildren, 19 great grandchildren, and 2 great, great grandchildren; and

Whereas, through the years, Lillian very much enjoyed gardening in her flower and vegetable gardens; cooking, for she was known as an excellent cook; baking for family, friends, and neighbors; walking for pleasure and errands, as she did not drive; reading whenever possible; and caring for family pets and farm animals that included dogs, cats, chickens, and even a goat, a lamb and a pony, for she loved life and all nature with it;

NOW, THEREFORE, I, John J. Dunne, Mayor of the Borough of Madison, do hereby proclaim Tuesday, December 17, 2002 as LILLIAN SCHINDLER DAY in honor of her 100^th birthday celebration. On behalf of the Governing Body, I extend congratulations to Lillian for her lifelong love of life; and I extend best wishes to her for many more years of health, happiness and harmony.

________________________

John J. Dunne, Mayor

Public Works and Engineering
Mrs. Holden, Chair of the Committee, reported that tomorrow will be a busy day of meetings for her:

Madison Housing Authority: Will be meeting at 4:00 p.m. tomorrow.

Whippany River Watershed Management Committee: Will be meeting at 5:45 p.m. tomorrow. Mrs. Holden thanked Borough Engineer Robert Vogel for the quick follow-up on matters of importance to this group for receiving grant funds.

Historic Preservation Commission: Will be meeting at 7:30 p.m. tomorrow. There will be discussion regarding Norcross Bank, updates to the Ridgedale Avenue Historic District designation and the progress at the Madison Railroad Station.

Snow Report: On December 5^th and 6^th, there was a sizable snowstorm. In the two-day period, 40 tons of sand were used at $12.50 per ton for a total cost of $500.00; 140 tons of salt at a cost of $35.82 per ton for a total cost of $5, 014.80; with meals for the workers included, the cost of the snowfall was $5,717.30 before overtime. There were 456 overtime hours for a grand total of $17,242.11 for labor and materials for the 7 inches of snow.

Public Safety
Mr. Hayman, Chair of the Committee, took this opportunity to thank Dr. Schumacher and Mr. Rebholz for the time they spent on Council, and Mr. Hayman hoped they continue to be involved in Madison. Mr. Hayman welcomed Mrs. Vitale and Mr. Mantone, and looks forward to working with them.

Facilities Review Committee: Mr. Hayman praised the Committee and reported that it was a pleasure to work with them. He thanked them publicly for the work they did, the many interesting things they brought to the "table" and the basic knowledge they brought from their own fields.

Ms. Baillie, Chair of the Committee, reported:

Florham Park Ordinance: Florham Park has made a few revisions to the ordinance on what is called the ExxonMobil property; therefore there will be a hearing on Thursday, December 19, 2002, at 7:00 p.m. at the Ridgedale Middle School in Florham Park. Ms. Baillie encouraged everyone to attend and to ask neighbors to attend, as there are still concerns about regional traffic studies, environmental concerns and the need to tighten up the ordinance regarding storm water management control.

Health and Public Assistance
Dr. Bowen, Chair of the Committee, reported:

Florham Park Ordinance: Dr. Bowen thanked the more than 250 people who attended the meeting on November 26, 2002, and another large group on December 3, 2002.

QUEST: QUEST is meeting with a group of Mayors and Freeholders this Wednesday, December 11, 2002, to work on the aircraft noise issue that faces the community.

Finance and Borough Clerk
Dr. Schumacher, Chair of the Committee, thanked Mr. Hayman for his comments. Dr. Schumacher had no report.

Utilities
Mr. Rebholz, Chair of the Committee, thanked Mr. Hayman for his comments and mentioned he will have his "exiting" comments at the January 1, 2003 Reorganization Meeting.

PETITIONS – None.

ADVERTISED PUBLIC HEARINGS

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 same on the sheet provided for the record. He/she shall limit his/her statement to four (4) minutes.

1) Mayor Dunne called up Ordinance 37–2002 for second reading and ordered the Clerk to read the notice and ordinance by title:

ORDINANCE 37-2002, ORDINANCE OF THE BOROUGH OF MADISON APPROPRIATING $17,500.00 FROM THE GENERAL CAPITAL IMPROVEMENT FUND FOR THE ASBESTOS ABATEMENT PROJECT REGARDING BOILER REPLACEMENT AT THE PUBLIC WORKS GARAGE

This Ordinance was introduced by title and passed on first reading at a Regular meeting of the Council held on November 25, 2002, was published in the Morris County Daily Record on November 29, 2002 according to law, was posted on the Bulletin Board at the main entrance to the Hartley Dodge Memorial, and copies have been made available to members of the general public.

Mayor Dunne opened the hearing on the above ordinance and asked if anyone wished to be heard. Seeing none, the public hearing was closed.

Mrs. Holden moved that Ordinance 37-2002, which was read by title, be passed on second reading and be finally adopted. Dr. Bowen seconded the motion.

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

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

Dr. Bowen, Dr. Schumacher, Mr. Rebholz

Nays: None

Mayor Dunne declared the Ordinance adopted and finally passed, approved the same and ordered the Borough Clerk to publish the proper notice thereof in the newspaper and to record the Ordinance in the proper place.

2) Mayor Dunne called up Ordinance 38–2002 for second reading and ordered the Clerk to read the notice and ordinance by title:

ORDINANCE 38-2002, ORDINANCE OF THE BOROUGH OF MADISON APPROPRIATING $28,000.00 FROM THE GENERAL CAPITAL IMPROVEMENT FUND FOR MAIN STREET TREE PROJECT

This Ordinance was introduced by title and passed on first reading at a Regular meeting of the Council held on November 25, 2002, was published in the Morris County Daily Record on November 29, 2002 according to law, was posted on the Bulletin Board at the main entrance to the Hartley Dodge Memorial, and copies have been made available to members of the general public.

Mayor Dunne opened the hearing on the above ordinance and asked if anyone wished to be heard. Seeing none, the public hearing was closed.

Mrs. Holden moved that Ordinance 38-2002, which was read by title, be passed on second reading and be finally adopted. Dr. Bowen seconded the motion.

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

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

Dr. Bowen, Dr. Schumacher, Mr. Rebholz

Nays: None

Mayor Dunne declared the Ordinance adopted and finally passed, approved the same and ordered the Borough Clerk to publish the proper notice thereof in the newspaper and to record the Ordinance in the proper place.

3) Mayor Dunne called up Ordinance 39–2002 for second reading and ordered the Clerk to read the notice and ordinance by title:

ORDINANCE 39-2002, ORDINANCE OF THE BOROUGH OF MADISON AMENDING CHAPTER 54 OF THE BOROUGH CODE ENTITLED "ALARM SYSTEMS"

This Ordinance was introduced by title and passed on first reading at a Regular meeting of the Council held on November 25, 2002, was published in the Morris County Daily Record on November 29, 2002 according to law, was posted on the Bulletin Board at the main entrance to the Hartley Dodge Memorial, and copies have been made available to members of the general public.

Mayor Dunne opened the hearing on the above ordinance and asked if anyone wished to be heard. Seeing none, the public hearing was closed.

Mr. Hayman moved that Ordinance 39-2002, which was read by title, be passed on second reading and be finally adopted. Mrs. Holden seconded the motion.

Dr. Bowen voted against adoption of this ordinance since Madison has universal voluntary compliance on alarm systems already. 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. Schumacher, Mr. Rebholz

Nays: Dr. Bowen

Mayor Dunne declared the Ordinance adopted and finally passed, approved the same and ordered the Borough Clerk to publish the proper notice thereof in the newspaper and to record the Ordinance in the proper place.

4) Mayor Dunne called up Ordinance 40–2002 for second reading and ordered the Clerk to read the notice and ordinance by title:

ORDINANCE 40-2002, ORDINANCE OF THE BOROUGH OF MADISON AMENDING THE BOROUGH CODE REGARDING THE POSITIONS OF MUNICIPAL ATTORNEY AND MUNICIPAL ENGINEER

This Ordinance was introduced by title and passed on first reading at a Regular meeting of the Council held on November 25, 2002, was published in the Morris County Daily Record on November 29, 2002 according to law, was posted on the Bulletin Board at the main entrance to the Hartley Dodge Memorial, and copies have been made available to members of the general public.

Mayor Dunne opened the hearing on the above ordinance and asked if anyone wished to be heard. Seeing none, the public hearing was closed.

Mrs. Holden moved that Ordinance 40-2002, which was read by title, be passed on second reading and be finally adopted. Dr. Bowen seconded the motion.

Dr. Bowen commented that this is largely a bookkeeping action; Mrs. Holden commented that this will bring Madison into compliance with State Statutes. 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, Dr. Schumacher, Mr. Rebholz

Nays: None

Mayor Dunne declared the Ordinance adopted and finally passed, approved the same and ordered the Borough Clerk to publish the proper notice thereof in the newspaper and to record the Ordinance in the proper place.

INTRODUCTION OF ORDINANCES – 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.

Gloria Velez, Dean Street, asked questions about the Facilities Review Report, in particular about site selection and where the John Avenue site stands, when a site selection would be made, and how many parking spaces would be needed at a new Police Department site. Mr. Hayman advised that the Facilities Review Committee did not find any appropriate site at the John Avenue location; whether or not a facility will be built has not been decided by Council yet; and the Police Department needs from 15 to 20 parking spaces.

Since no other members of the public wished to be heard, the Mayor closed the invitation for discussion.

On motion by Mrs. Holden, seconded by Dr. Bowen and carried, Resolutions 205-2002 and 206-2002 were read by title and adopted:

R 205-2002

RESOLUTION OF THE BOROUGH OF MADISON AWARDING CONTRACT FOR ZELCOVA TREE TRIMMING TO TREES, INC.

WHEREAS, the Borough of Madison publicly advertised for bids for Zelcova tree pruning (the "Contract") in accordance with the Local Public Contracts Law, N.J.S.A. 40A:11-1, et seq.; and

WHEREAS, the lowest qualified bid on the Contract was submitted by Trees, Inc. in the amount of $13,980.00; and

WHEREAS, the Borough Administrator has recommended that the Contract should be awarded to Trees, Inc., in the amount of $13,980.00; and

WHEREAS, the Borough Council has determined that this bid is fair and reasonable and that Trees, Inc., should be awarded the contract based on its bid in the amount of $13,980.00; and

WHEREAS, the Director of Finance has attested that funds will be available in an amount not to exceed $13,980.00 for this purpose.

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

1. The Contract for Zelcova tree pruning is hereby awarded to Trees, Inc., based upon its bid in the amount of $13,980.00.

2. The Mayor and Borough Clerk are hereby authorized and directed on behalf of the Borough to enter into the Contract with Trees, Inc., in a form acceptable to the Borough Attorney.

 

 

R 206-2002

RESOLUTION OF THE BOROUGH OF MADISON AWARDING FOUR-YEAR CONTRACT FOR YARD WASTE COLLECTION AND DISPOSAL TO WASTE MANAGEMENT OF NEW JERSEY, INC.

WHEREAS, the Borough of Madison publicly advertised for bids for curbside collection, transportation and disposal of yard waste (the "Contract") in accordance with the Local Public Contracts Law, N.J.S.A. 40A:11-1, et seq.; and

WHEREAS, the only bid on the Contract was submitted by Waste Management of New Jersey, Inc., in the amount of $529,520.00 for a four-year contract; and

WHEREAS, the Borough Administrator has recommended that the Contract should be awarded to Waste Management of New Jersey, in the amount of $529,520.00 for a four-year contract; and

WHEREAS, the Borough Council has determined that this bid is fair and reasonable and that Waste Management of New Jersey, Inc., should be awarded the contract based on its bid in the amount of $529,520.00 for a four-year contract; and

WHEREAS, the Director of Finance has attested that funds will be available in an amount not to exceed $529,520.00 for this purpose.

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

1. The Contract is hereby awarded to Waste Management of New Jersey, Inc., based upon its bid in the amount of $529,520.00 00 for a four-year contract.

2. The Mayor and Borough Clerk are hereby authorized and directed on behalf of the Borough to enter into the Contract with Waste Management of New Jersey, Inc., in a form acceptable to the Borough Attorney.

The following roll call vote was recorded adopting the aforementioned Resolutions 205–2002 and 206–2002, with Mr. Rebholz voting against adoption of R 206-2002 as he felt the cost was excessive:

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

Dr. Bowen, Dr. Schumacher

Mr. Rebholz, as to R 205-2002

Nays: Mr. Rebholz, as to R 206-2002

On motion by Mr. Hayman, seconded by Mrs. Holden and carried, Resolutions 207-2002, 208-2002, 209-2002 and 211-2002 were read by title and adopted:

BE IT RESOLVED, by the Council of the Borough of Madison, County of Morris, State of New Jersey, that the following Theater License renewal be approved for the year 2003:

BE IT RESOLVED, by the Council of the Borough of Madison, County of Morris, State of New Jersey, that the following Bowling Alley License renewal be approved for the year 2003:

RESOLUTION OF THE BOROUGH OF MADISON EXTENDING POLICE PROMOTIONAL LIST FOR ONE YEAR TO DECEMBER 2003

 

WHEREAS, the Chief of Police has recommended extending the police promotional list for one year through December 2003; and

WHEREAS, said promotional list was created two years ago; and

WHEREAS, the Madison Police Department Policies and Procedures provide that such list may be extended by resolution of the Borough Council; and

WHEREAS, the Borough Administrator has recommended that said promotional list be extended.

NOW, THEREFORE, BE IT RESOLVED, by the Council of the Borough of Madison, in the County of Morris in the State of New Jersey that the Police promotional list described herein is hereby extended for a period of one year, through December 2003.

RESOLUTION OF THE BOROUGH OF MADISON ACKNOWLEDGING AND CONCURRING IN THE ADOPTION OF AMENDED RULES AND REGULATIONS OF THE MADISON BOROUGH POLICE DEPARTMENT

WHEREAS, the Borough Administrator has approved and adopted amended Rules and Regulations of the Madison Borough Police Department; and

WHEREAS, the Borough Administrator is the "appropriate authority" pursuant to N.J.S.A. 40A:14-118 and who has the authority to adopt amendments to such Rules and Regulations; and

WHEREAS, the Borough Council has been informed of the types of amendments to the Madison Borough Police Department Rules and Regulations and wishes to express its concurrence and acknowledgment of the adoption of same by the Borough Administrator.

NOW, THEREFORE, BE IT RESOLVED, by the Council of the Borough of Madison, in the County of Morris and State of New Jersey that the adoption of amended Rules and Regulations for the Madison Borough Police Department by the Borough Administrator is hereby acknowledged and concurred in.

The following roll call vote was recorded adopting Resolutions 207-2002, 208-2002, 209-2002 and 211-2002:

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

Dr. Bowen, Dr. Schumacher, Mr. Rebholz
Nays: None

On motion by Dr. Bowen, seconded by Ms. Baillie and carried, Resolution 210-2002 was read by title and adopted:

RESOLUTION OF THE BOROUGH OF MADISON AWARDING CONTRACT FOR PROFESSIONAL ANIMAL CONTROL OFFICER TO ST. HUBERT’S GIRALDA FOR THE YEAR 2003

 

WHEREAS, the Borough of Madison desires to award a contract for professional animal control officer for the year 2003, commencing January 1, 2003; and

WHEREAS, said services are for professional services for which a contract may be awarded without the need of competitive bidding pursuant to N.J.S.A. 40A:11-5-1(a); and

WHEREAS, the Borough Administrator has recommended that said contract be awarded to St. Hubert’s Giralda for an annual amount of $16,800.00; and

WHEREAS, the Borough Administrator has recommended that the contract also provide that St. Hubert’s Giralda shall receive a $100.00 service charge, apart from the annual base amount of $16,800.00, for each after hours emergency call responded to; and

WHEREAS, the Director of Finance has attested that funds will be available in an amount not to exceed $16,800.00 for this purpose.

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

1. A contract for professional services for animal control officer for the year 2003, commencing January 1, 2003 is hereby awarded to St. Hubert’s Giralda in the amount of $16,800.00.

830. The contract shall also provide that St. Hubert’s Giralda shall receive a $100.00 service charge, apart from the annual base amount of $16,800.00, for each after hours emergency call responded to.

831. The Mayor and Borough Clerk are hereby authorized and directed on behalf of the Borough to enter into the contract with St. Hubert’s Giralda in a form acceptable to the Borough Attorney and Borough Administrator.

832. The Borough Clerk is hereby directed to publish notice of the adoption of this resolution in the official newspaper of the Borough of Madison within ten (10) days of its adoption pursuant to N.J.S.A. 40A:11-5.

The following roll call vote was recorded adopting Resolution 210-2002:

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

Dr. Bowen, Dr. Schumacher, Mr. Rebholz
Nays: None

None.

On motion by Mrs. Holden, seconded by Dr. Bowen 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 $11,065.42

Health & Public Assistance 339.53

Public Works & Engineering 134,791.32

Community Affairs 2,799.66

Finance & Borough Clerk 215,263.03

Utilities 29,608.02

Total $393,866.98

The following roll call vote was recorded:

Yeas: Mrs. Holden, Mr. Hayman, Ms. Baillie
Dr. Bowen, Dr. Schumacher, Mr. Rebholz
Nays: None

None.

Since there was no further business to come before the Council, Mr. Rebholz moved to adjourn at 9:17 p.m. The motion was seconded by Mrs. Holden and carried, with Mr. Rebholz’s vote against adjourning causing good-humored laughter. The following roll call vote was recorded:

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

Respectfully submitted,

Marilyn Schaefer

Borough Clerk