The Regular Meeting of the Mayor and Council of the Borough of Madison was held on the 8th day of January 2007. Mayor Kerkeslager called the meeting to order at 7:00 p.m. in the Committee Room of the Hartley Dodge Memorial, Kings Road, in the Borough of Madison.

Statement in Compliance with the Open Public Meetings Act
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 publishing a copy of the meeting notice in 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 4, 2007. Copies of said Notice were made available to members of the general public."

Roll Call
The Borough Clerk called the roll and the following acknowledged their presence:

Mayor Ellwood R. Kerkeslager

Council Members:

Astri J. Baillie
Donald J. Bowen
Carmela Vitale

Robert H. Conley

Absent:

Mary-Anna Holden, excused

John M. Elias, excused

Also Present:

James R. Allison, Administrator

Joseph Mezzacca, Jr., Borough Attorney

Marilyn Schaefer, Borough Clerk

Two Contract Matters, one Personnel Matter and one Litigation Matter were added to the Agenda.

Ms. Baillie moved:

RESOLVED, that the meeting be adjourned to an Executive Session to consider the following matters:

EXECUTIVE SESSION MINUTES (1)

Date of public disclosure 60 days after conclusion, if disclosure required.

PERSONNEL MATTERS (3)

Date of public disclosure 90 days after conclusion, if disclosure required.

CONTRACT MATTERS (7)

Date of public disclosure 60 days after conclusion, if disclosure required.

LITIGATION MATTER (1)

Date of public disclosure 60 days after conclusion, if disclosure required.

Seconded: Mr. Bowen

Vote: Unanimous voice vote of members present

Reconvene in Council Chamber
Mayor Ellwood R. Kerkeslager reconvened the Regular Meeting at 7:55 p.m. in the Council Chamber with all members present except for Mrs. Holden and Mr. Elias who are on vacation. The Pledge of Allegiance was recited by all.

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Mayor Kerkeslager commented in detail ……………………..; what the public has seen is a letter of intent which the Borough of Madison published; it was put together by Borough Attorney Joseph Mezzacca, Jr., and approved by the other attorneys.

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…………….property remain open that would not have remained open; that will also help with the recharge and help alleviate traffic on Ridgedale Avenue.. ….

Ms. Baillie seconded the motion, which passed by voice vote of members present.

Mr. Bowen moved approval of the Executive Meeting Minutes of December 11, 2006. Ms. Baillie seconded the motion, which passed by voice vote of members present.

Mayor Kerkeslager made the following comments:

The Employee of the Month for January is Stacey Snyder Dooley, who is in the Purchasing Department. In making the selection, the Committee was impressed with her steady, reliable, consistent service to employees processing purchase orders. Her knowledge of the system and her willingness to help have allowed Borough departments to do their jobs more effectively.

Mrs. Holden, Chair of the Committee, absent.

Ms. Baillie, Chair of the Committee, reported on the following:

Last Wednesday a truck collided with a utility pole on the corner of Hillside and Green Avenues knocking out the power; Electric Utility Superintendent Michael Piano had his crew work throughout the night to repair the damage and restore power; Ms. Baillie thanked the Electric Utility Department for their hard work.

The Borough’s Chief Financial Officer, Robert Kalafut, will be meeting with the Public Power Association of New Jersey next Friday; our current power contract ends December 31, 2007; in October, the Association rejected all the bids for power because the price was approximately 80% more than what Madison paid for the last contract; unfortunately, the cost of purchasing electric power remains very high; in February, Mr. Kalafut will be coming before the Council to discuss Madison’s options; it will be very difficult to avoid a rate increase with the situation Madison is facing in the power marketplace.

Mr. Bowen, Chair of the Committee, reported on the following:

A Reorganization Meeting of the Board of Health is scheduled for next Tuesday; Mr. Bowen will report at the next meeting.

Mrs. Vitale, Chair of the Committee, reported on the following:

Christmas trees will be picked up after January 15 for recycling; approximately 157 trees were already brought to the Public Works garage this past weekend.

On Christmas day, the Sewer and Water Departments were called out because there was a collapse of one of the main sewer lines on Candlewood Drive; the men worked from Christmas Day afternoon through the night and finally finished up on Thursday morning; a new pipe had to be put on Woodland Road all the way down to Dellwood Park; the new 10-inch pipe is working well; they did an excellent job.

Benches in the downtown are being taken into the Public Works garage to be reconditioned.

Mr. Elias, Chair of the Committee, absent.

Mr. Conley, Chair of the Committee, no report.

Mayor Kerkeslager reported receiving a letter from the Madison Baptist Church thanking the Fire Department for their help in a flood condition at their site; they not only sent a nice letter, but also sent a donation to the Borough.

The Borough Clerk announced receipt of the following communication:

From Paul Sirna of Albright Circle concerning safety of the sidewalk or lack of sidewalk along Samson Avenue and the safety of the train overpass.

01/08/07-1 review FIRE/POLICE BUILDING capital project

Borough Engineer Robert Vogel commented on how the Fire & Police building project is proceeding and that the sidewalk access on the northerly side of the building is now more comfortable and provides a safe corridor for pedestrians.

01/08/07-2 HDM RENOVATIONS

01/08/07-2(A) REVIEW OF RELOCATION AND RENOVATIONS

Mr. Vogel advised that contractual items have progressed; Architect Bob Russell continues to make progress on the Hartley Dodge Memorial (HDM) renovation contract documents and will attend the January 22, 2007 meeting.

As to relocation, Borough Engineer Robert Vogel will get a second opinion as to whether the HDM renovations may be "staggered" so that some employees may remain in the building during renovations. The number of employees needing to be relocated and minimum square footage needed for relocation will be revisited, as well as the dates to set for moving and what deadlines to use.

Mayor Kerkeslager opened the meeting to the public for their opportunity to ask questions and make comments. Mayor Kerkeslager 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 five (5) minutes or less.

Gloria Buxbaum, Plymouth Court, is very concerned about the size of the development at the Exxon property; asked what the public may do to keep abreast of what is going on.

Bruce Esrig, Bedford Court, is very concerned about the development at the Exxon property and commented in detail on its effect on trees, sound and light at the site and how to control/prevent negative effects on the neighborhood.

Eugene Zipper, Greenwood Avenue, asked about the traffic study; Mr. Mezzacca commented on how traffic study results might be used.

Jim McCloskey, Dean Street, advised that the "trespass lighting" problem at his property has finally been resolved, and he thanked the Council for their efforts. Mr. McCloskey requested that the same background paperwork given to the newspapers with the Agenda be given to the public at the meetings of the Council.

Eugene Zipper, Greenwood Avenue, thinks the public is entitled to just as much information as is given to the newspapers.

Daniel Mullay, Derby Court, showed support for the concerns of residents at Madison Commons regarding development of the Exxon property. Mr. Mezzacca commented that Florham Park has to give public notice when they schedule public meetings; because Madison is a town that borders Florham Park, they have to notify Madison if they are amending their Land Development Ordinances; the best way for the public to keep advised is to check the newspapers and/or call Florham Park, and check the newspaper Legal Notices.

Bruce Esrig, Bedford Court, mentioned that it would be useful to have a list of expected milestones regarding the Exxon property—events that may be coming up, even if the dates are not yet known. Mr. Esrig was advised that Madison Matters is actively interested in this topic; Mr. Esrig may want to email Chris Hepburn as Ms. Hepburn is specifically interested in letting Madison residents know when this may come before the Florham Park Planning Board. Ms. Hepburn’s telephone number is in the phone book.

Advertised Hearings - None

The Clerk made the following statement:
Ordinances being introduced at this meeting will have a hearing date set for January 22, 2007, in the Council Chamber of the Hartley Dodge Memorial, Kings Road in the Borough of Madison at 7:45 p.m., or as soon thereafter as practical, and will be further considered for final adoption; will be published in the Madison Eagle, be posted at the main entrance to the Hartley Dodge Memorial and be made available to members of the public requesting same, as required by law.

Mayor Kerkeslager called up Ordinances for first reading and asked the Clerk to read the Ordinances by title:

WHEREAS, the Borough Council has determined that certain changes are required in the salary ranges for non-union full-time employees.

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

Section 1. Ordinance 38-2006 setting the salary ranges for non-union full-time employees is hereby replaced with the following:

Ms. Baillie moved that Ordinance 1-2007, which the Borough Clerk read by title, be adopted. Mrs. Vitale seconded the motion. There was no Council discussion and the motion passed with the following roll call vote recorded:

Yeas: Ms. Baillie, Mr. Bowen, Mrs. Vitale, Mr. Conley
Nays: None

Absent: Mrs. Holden, Mr. Elias

ORDINANCE 2-2007

ORDINANCE OF THE BOROUGH OF MADISON REPLACING ORDINANCE 41-2006 PERTAINING TO PART-TIME NON-UNION SALARIES AND OFFICES

WHEREAS, certain changes are required in the salary ranges for non-union part-time employees;

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

Section 1. Ordinance 41-2006 is hereby replaced by this ordinance in order to identify all non-union part-time positions and to change salary ranges for non-union, part-time employees, as follows:

Section 2. This ordinance shall take effect as provided by law.

Mr. Mezzacca commented that Ordinance 2-2007 will be introduced with an amendment to the minimum salary range for each hourly position of $7.15/hr, which is the State minimum wage.

Ms. Baillie moved that Ordinance 2-2007, which the Borough Clerk read by title, be adopted as modified. Mrs. Vitale seconded the motion.

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

Yeas: Ms. Baillie, Mr. Bowen, Mrs. Vitale, Mr. Conley
Nays: None

Absent: Mrs. Holden, Mr. Elias

Consent Agenda Resolutions
The Clerk made the following statement:

Consent Agenda Resolutions will be enacted with a single motion; any Resolution requiring expenditure is supported by a Certification of Availability of Funds; any Resolution requiring discussion will be removed from the Consent Agenda; all Resolutions will be reflected in full in the minutes.

Ms. Baillie moved adoption of the Consent Agenda. Mrs. Vitale seconded the motion. Mr. Mezzacca read R 30-2007 by title. There was no Council discussion, and the motion passed with the following roll call vote recorded:

Yeas: Ms. Baillie, Mr. Bowen, Mrs. Vitale, Mr. Conley
Nays: None

Absent: Mrs. Holden, Mr. Elias

BE IT RESOLVED by the Council of the Borough of Madison, County of Morris, State of New Jersey, that the following persons be compensated at the annual salary or rate of wages, the same being within the minimum and maximum limitations established by Ordinance 1-2007, retroactive to January 1, 2007.

RESOLUTION OF THE BOROUGH OF MADISON SETTING SALARIES FOR PART-TIME NON-UNION PERSONNEL

BE IT RESOLVED, by the Council of the Borough of Madison in the County of Morris and State of New Jersey that the following annual salary or rate of wages be granted to employees filling the following part-time positions, retroactive to January 1, 2007, the same being within the minimum and maximum limitations established by Ordinance 2-2007.

BE IT FURTHER RESOLVED that these salaries are contingent upon and subject to the adoption of Ordinance 2-2007.

R 30-2007

RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING PROFESSIONAL SERVICES CONTRACTS FOR APPRAISALS OF 53 ACRES OF THE PROPERTY LOCATED AT BLOCK 1401, LOT 5, FLORHAM PARK, NEW JERSEY

WHEREAS, the Borough Administrator has recommended the Borough retain the services of two Green Acres certified real estate appraisers to obtain two separate appraisals of 53 acres of the property at Block 1401, Lot 5, Florham Park, New Jersey (hereinafter the "Contracts") for the potential acquisition of the property; 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; and

WHEREAS, the Borough Administrator has recommended that the Borough Council award one of the contracts to Integra Realty Resources–Northern New Jersey, in an amount not to exceed $5,000.00 based upon its proposal dated January 3, 2007 and to award one of the contracts to Welsh Chester Galiney Matone, Inc. in an amount not to exceed $5,500.00 based on its proposal dated January 8, 2007; and

WHEREAS, the Director of Finance has attested that funds will be available from the Borough of Madison Open Space Trust Fund in an amount not to exceed $10,500.00 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 Mayor and Borough Clerk are hereby authorized to execute on behalf of the Borough a professional services contract with Integra Realty Resources–Northern New Jersey for professional appraisal services, to perform an appraisal of 53 acres of Block 1401, Lot 5, Florham Park, New Jersey, in an amount not to exceed the sum of $5,000.00, based upon its proposal dated January 3, 2007, which contract shall be in a form acceptable to the Borough Attorney.

2. The Mayor and Borough Clerk are hereby authorized to execute on behalf of the Borough a professional services contract with Welsh Chester Galiney Matone, Inc for professional appraisal services, to perform an appraisal of 53 acres of Block 1401, Lot 5, Florham Park, New Jersey, in an amount not to exceed the sum of $5,500.00, based upon its proposal dated January 8, 2007, which contract shall be in a form acceptable to the Borough Attorney.

3. The Borough Clerk is hereby directed to publish notice of 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.

Unfinished Business - none

On motion by Mr. Bowen, seconded by Mrs. Vitale 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 $23,210.87

Health & Public Assistance 4,221.83

Public Works & Engineering 190,021.25

Community Affairs 11,922.73

Finance & Borough Clerk 849,060.95

Utilities 655,762.34

Total $1,734,199.97

The following roll call vote was recorded approving the aforementioned vouchers:

Yeas: Ms. Baillie, Mr. Bowen, Mrs. Vitale, Mr. Conley
Nays: None

Absent: Mrs. Holden, Mr. Elias

New Business

Mrs. Vitale was recognized by the Chair and received unanimous support of members present to move forward with a Community Development Block Grant (CDBG) application for work on Chapel Street. A resolution authorizing the application will be listed on the January 22, 2007 Agenda.

There being no further business to come before the Council, the Executive Meeting was reconvened in the Committee Room at 9:10 p.m.

The Regular Meeting reconvened at 9:45 p.m. and immediately adjourned.

Respectfully submitted,

Marilyn Schaefer

Borough Clerk

Approved January 22, 2007 (MS)