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MINUTES OF A REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF MADISON

February 12, 2007 - 7:00 p.m.

Call to Order

The Regular Meeting of the Mayor and Council of the Borough of Madison was held on the 12th day of February 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:

Mary-Anna Holden
Astri J. Baillie
Donald J. Bowen
Carmela Vitale

John M. Elias

Robert H. Conley

Also Present:

James R. Allison, Administrator

Joseph Mezzacca, Jr., Borough Attorney

Marilyn Schaefer, Borough Clerk

AGENDA REVIEW

There was approval of the Regular and Executive Agendas.

Reading of Closed Session Resolution

Mr. Elias moved:

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

EXECUTIVE MINUTES (1)

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

CONTRACT MATTERS (5)

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

PERSONNEL MATTERS (4)

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

LITIGATION MATTER (1)

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

POTENTIAL LITIGATION MATTERS (2)

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

Seconded: Mrs. Vitale

Vote: Approved by unanimous voice vote

Reconvene in Council Chamber
Mayor Ellwood R. Kerkeslager reconvened the Regular Meeting at 7:50 p.m. in the Council Chamber with all members present. The Pledge of Allegiance was recited by all.

APPROVAL OF MINUTES
Ms. Baillie moved approval of the Regular Meeting Minutes of January 22, 2007. Mrs. Vitale seconded the motion, which passed with the following roll call vote recorded:

Yeas: Mrs. Holden, Ms. Baillie, Mr. Bowen
Mrs. Vitale, Mr. Elias, Mr. Conley

Nays: None

Ms. Baillie moved approval of the January 22, 2007 Executive Session Minutes. Mrs. Vitale seconded the motion, which passed by unanimous voice vote.

GREETINGS TO PUBLIC

Mayor Kerkeslager made the following comments:

Employee of the Month: Marilyn Schaefer, Borough Clerk, has been selected as the Employee of the Month for February. In making the selection, the Committee was impressed with her steady, reliable, consistent service and her willingness to perform essential work that is outside the normal scope of responsibility in an excellent manner.

Anniversaries: Sal DeBiasse of the Water Department has reached his 30th Anniversary with the Borough, and Sgt. Stephen Carpenter of the Police Department has reached his 20th Anniversary.

American Cancer Society Relay for Life will take place June 22 to June 23 in support of cancer survivors. More information will be forthcoming.

REPORTS OF COMMITTEES

Community Affairs

Mrs. Holden, Chair of the Committee, reported on the following matters:

Taste of Madison

Mrs. Holden thanked the public who attended the Taste of Madison, which was a very successful event attended by approximately 810 individuals at the Madison Hotel. Proceeds go to Madison charities; it is expected that the Madison Rotary, the Chamber of Commerce and the Downtown Development Commission will receive $15,000.00 each.

Madison Chamber of Commerce

On March 2nd the Chamber of Commerce will hold a "Poker Night", a tournament that will be held at the Elks Club; there will be food at the event; registration is at 7 p.m. with the evening’s festivities run by a professional company at 8 p.m.

Tax Assistance

Tax Assistance continues at the Madison Senior Center; Mrs. Holden encouraged residents to call for help with taxes.

Utilities

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

Regional Traffic Study

As part of the settlement agreement with Florham Park over the Exxon/Mobil property, a Regional Traffic Study is required before development. The new committee, which consists of the Mayor, Mr. Conley, Ms. Baillie and Sgt. Keymer, will be meeting tomorrow with the County, which is going to be the coordinating unit for this Regional Traffic Study; Madison, Florham Park, Chatham Borough, Morris Township, Morristown and Hanover Township have agreed to participate. This study will help address Madison’s needs regarding the development which will be on Madison’s border, and this material will be helpful at the Florham Park Board hearings; the committee meetings start tomorrow.

Health & Public Assistance

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

Health Department

Madison suffered the tragic death of a child for medical reasons; this initiated a response from the Madison Health Department which monitors contagious diseases; thankfully there were no concerns in that regard. Mr. Bowen offered his thoughts and prayers to the family for their loss and thanked the Health Department for their continued vigilance.

Public Works and Engineering

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

David Maines reported that the ice pond is flooded and ready for ice skating. Mr. Maines recently attended a three-day milling and overlay conference, which knowledge will be used for the Borough’s benefit.

Finance and Borough Clerk

Mr. Elias, Chair of the Committee, reported on the following matter:

Budget Meetings

For successive Wednesdays in the next few weeks, the public is invited to the Budget Meetings; Mr. Elias commented that the Borough is moving into a different financial era and that input from all is welcome to help make sure that the Borough continues heading in the right direction; Mr. Elias expressed that the Borough is fortunate to have Chief Financial Officer Robert Kalafut available to help the Borough achieve long-term financial security. Mr. Elias added his congratulations to Marilyn Schaefer, Borough Clerk, and expressed appreciation for her work.

Public Safety

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

COMMUNICATIONS AND PETITIONS - None

Agenda Discussions

Mayor Kerkeslager proposed that the order of business be changed to allow for public comments at this time since there are many people in the audience. Mayor Kerkeslager asked that when the individual is recognized, they announce their name for the record and sign the sheet at the lectern.

Brett Goldman and Caitlin Regan, Fairleigh Dickinson University (FDU) students, commented that they sit on a committee which is organizing an event in March; the program is called Battle for the Bell, which is a three-day competition among three schools; they are looking for town support on this from businesses; Mayor Kerkeslager encouraged them to work with the Downtown Development Commission’s University Relations Committee. The students explained that the first day will have a knowledge competition at Drew University, the second day is a talent competition at the College of St. Elizabeth and the third day is a sporting event at FDU.

Lee H. Wansky, Cook Avenue, commented that he does not possess an automobile, so parking is of no immediate concern; for the 13 years that he has been associated with Madison Affordable Housing, he felt they very possibly "saved" his life; if it were not for them, he does not know where he would be living; he felt Madison does need housing. In addition, he commented he fell on Central Avenue because of loose bricks and asked that this be looked into.

Mrs. Holden moved that discussion #2 be addressed at this time since there are many individuals in the audience interested in this topic. Ms. Baillie seconded the motion, which passed by unanimous voice vote.

02/12/07-2 MADISON HOUSING AUTHORITY REQUEST FOR LETTER OF SUPPORT FROM THE MAYOR FOR CITIZEN HOUSING PROJECT REGARDING DEVELOPMENT OF 22 CENTRAL AVENUE

The Borough adopted a resolution at the January 22, 2007 meeting authorizing execution of an Option Agreement granting the Madison Affordable Housing Corporation a 9-month option to purchase property formerly used as the Madison

Health building at 22 Central Avenue for the purpose of constructing senior housing.

On the agenda this evening is a request from the Executive Director of the Housing Authority for a letter of support from the Mayor for this project. There was detailed discussion recognizing that there are many issues at play, including looking for a viable alternative; it was pointed out that parking at the proposed site would be divided among merchants and employees; there was discussion of the changes in parking arrangements at the Cook Avenue lot; a solution which meets the goals of both the merchants and the Housing Authority will be sought.

Eugene Zipper, Greenwood Avenue, did not support the proposed use of the property at 22 Central Avenue and commented as to the fact that the proposed housing project at 22 Central would not be restricted to Madison residents.

Mr. Mezzacca was recognized by the Chair and in detail, gave background as to affordable housing obligations the Borough has under Mt. Laurel. new COAH regulations are being formulated as required by the Court. Therefore, it cannot be determined what the formula will be or what Madison’s obligation will be.

Fran Mantone, Prospect Street, commented that the "Payment In Lieu of Taxes" is not comparable to what residents pay in taxes; did not support the proposed use of the property at 22 Central Avenue; as the keeper of public property, it is the Borough officials’ responsibility to see that if the Borough sells this property, the entire community will benefit with additional tax revenue. In a detailed plea, she asked Council to hold off on this decision and recommended that this land be used for parking which would help the downtown.

Jerry Stevenson, Ardsleigh Drive, did not take a position, but presented some figures he gathered from the Madison Housing Authority Director and web site as to senior housing, low-income senior housing, low-income housing and Voucher-8 housing.

Sal Luciano, Gibbons Place, spoke of Madison’s parking problems and in detailed comments, suggested there are other areas to pursue for the proposed housing; he did not support the proposed use of the property at 22 Central Avenue; he asked the Council to hold off on that decision.

Mark Conmy, Overhill Drive, gave a brief history as to how the downtown was "allowed" to develop due to the donation of what land is now used for parking at the Cook Avenue lot; they had the "vision" to do it because they believed in creating something better; he felt that property at 22 Central Avenue should go for parking.

 

Anna Kennedy, business owner, spoke about Council taking away all the merchants’ parking spots in the Cook Avenue lot; Mrs. Kennedy was advised that Council will readdress that issue. Mrs. Kennedy advised that the merchants were not notified that the spots were being taken away; Mrs. Kennedy was advised that more merchant permit parking was made at the Elmer Street lot.

Sam Cerciello, Park Avenue, reaffirmed sentiments expressed that Madison needs parking; he spoke about a big problem to come as a result of the proposed development of the Exxon property; Madison needs parking. He hoped Council listens to the speakers this evening.

Sam DeMarzo, Ridgedale Avenue, in a detailed statement, commented that Madison has to provide an opportunity for businesses to survive in Madison, which includes parking.

Eugene Zipper, Greenwood Avenue, commented that Council should have opened up a discussion before giving an option to Mr. Riccio of the Housing Authority; he recommended the Borough cancel the option if possible.

Hester Wharton, Chateau Thierry, in a detailed statement, commented on the advantages which would be available to residents of the proposed senior housing in the downtown.

Matt Luciano added a comment that Council should hold off on a decision as to 22 Central Avenue and reassess use of the property in a few years—do not make an irreversible decision.

Nancy Wallace, Maple Avenue, voiced her understanding of this situation that the option already approved may be exercised anytime within 9 months, which the Borough Attorney confirmed. Ms. Wallace termed this an unfortunate situation.

Steven Whitehorn commented that the public should have had an opportunity to speak in terms of what is being done with the 22 Central Avenue property and asked Council to hold off for some years on a decision as to use of the property; he recommended that the Mayor reject the request for a letter of support.

Mrs. Holden moved that this request for a letter of support be recommended to the Planning Board for review as to conformance with the current Municipal Master Plan and supports the housing element. Ms. Baillie seconded the motion. Mayor Kerkeslager asked if there was further Council discussion, and there was none. Mayor Kerkeslager asked for any comments from the public before the vote is taken.

A member of the public who did not announce her name for the record was recognized by the Chair and commented that even though it might be a tradition to refer the question to the Planning Board, she would like to know how the Council feels on this subject. Council comments included that this one piece of property had no use as future Borough offices and presented an opportunity to be put back to public use and sold for market value, probably ending up with parking on the site in addition to that. The public was assured that the Council did listen to the public comments and will come to a conclusion on the need for parking.

At the conclusion of public discussion, the following roll call vote was recorded:

Yeas: Mrs. Holden, Ms. Baillie, Mrs. Vitale, Mr. Elias, Mr. Conley

Nays: Mr. Bowen

02/12/07-1 review FIRE/POLICE BUILDING capital project (RAV)

HDM RENOVATIONS (RAV); REVIEW OF RELOCATION AND RENOVATIONS

Mr. Vogel commented that he plans on having Architect Bob Russell available at the next meeting to give a more detailed update; Mr. Vogel requested that certain contractual discussions be held in Executive Session at the next meeting.

As to relocation issues, Mr. Allison will write a letter to Florham Park regarding the court and administrative staff relocation.

02/12/07-3 REVIEW 2007 MUNICIPAL BUDGET APPROPRIATIONS AND REVENUES

Chief Financial Officer Robert Kalafut presented and briefly commented on the following budget matters: Major Increases/Decreases in Appropriations Included in the 2007 Municipal Budget; Summary of Revenue and Appropriations for 2007 vs. 2006; Schedule of Tax Rates from 1992 to 2007; Schedule of Municipal Surplus Appropriated as Revenue to Reduce Property Taxation from 1996 to 2007; and Schedule of Unencumbered Fund Balances on January 1, 2007 vs. January 1, 2006 for the Current Operating Fund, General Capital Fund, Water Utility Operating Fund, Water Utility Capital Fund, Electric Utility Operating Fund and Electric Utility Capital Fund.

02/12/07-4 BUDGET SCHEDULE

There was unanimous agreement to accept the budget schedule for the next budget meeting as presented by Administrator James Allison and Chief Financial Officer Robert Kalafut.

02/12/07-5 2007 CAPITAL IMPROVEMENT REQUEST – REPLACEMENT OF CURRENT MOBILE DATA TERMINALS AND SYSTEM HARDWARE IN POLICE VEHICLES

Police Chief Chirico was present and addressed the Mayor and Council regarding his request. Mrs. Holden moved approval of Police Chief Chirico’s 2007 Capital Improvement request to appropriate funds to replace current mobile data terminals and system hardware in police vehicles. Ms. Baillie seconded the motion, which passed with the following roll call vote recorded:

Yeas: Mrs. Holden, Ms. Baillie, Mr. Bowen
Mrs. Vitale, Mr. Elias, Mr. Conley

Nays: None

An ordinance is listed for introduction later in the meeting.

Discussions 6 and 7 were addressed together.

02/12/07-6 APPROVAL OF BOTTLE HILL DAY 2007

02/12/07-7 APPROVAL FOR MAY DAY 2007, A TOWN-WIDE CLEAN-UP

Mr. Bowen moved approval of Bottle Hill Day 2007 and May Day 2007. Ms. Baillie seconded the motion, which passed by unanimous voice vote.

Resolutions will be listed on the February 26, 2007 Consent Agenda.

02/12/07-8 APPROVAL OF MADISON’S FARMERS’ MARKET 2007

There was discussion as to the possibility of moving the Farmers’ Market to the Madison Plaza next year. For this year, the locations will remain unchanged. Mrs. Holden moved approval of Madison’s Farmers’ Market 2007. Mr. Conley seconded the motion, which passed by unanimous voice vote.

A resolution will be listed on the February 26, 2007 Consent Agenda.

02/12/07-9 PARKING ON KINGS ROAD – PILOT PROGRAM

Council was in unanimous agreement with Mrs. Holden’s recommendation to approve a six-month extension of the suspension of the two-hour permit parking limit on the western end of Kings Road for those with merchant permits. The area in question extends from the auto business, "Tommy’s Garage", west on the south side of Kings Road; and on the north side, from the fence of the Green Village Road School field west. This recommendation was made at the request of the Parking and Redevelopment Committee of the DDC as its membership felt that the holiday suspension was successful.

 

Mrs. Holden will see that notifying merchants is done.

 

A resolution will be listed on the February 26, 2007 Consent Agenda.

 

02/12/07-10 APPROVE THURSDAY MORNING CLUB, INC.’S (TMC) APPLICATION TO MORRIS COUNTY FOR A COMMUNITY DEVELOPMENT BLOCK GRANT

Mr. Bowen moved approval of Mrs. Holden’s recommendation to approve the Thursday Morning Club, Inc.’s application to Morris County for a Community Development Block Grant. Ms. Baillie seconded the motion, which passed by voice vote with Mr. Elias absent, as he stepped out of the meeting room for a minute.

 

A resolution is listed on the Consent Agenda.

 

02/12/07-11 APPROVAL OF ART SHOW – JUNE 2, 2007

Mr. Bowen moved approval of Mrs. Holden’s recommendation to approve the Chamber of Commerce Art Show and Sidewalk Sales for June 2, 2007. Mr. Conley seconded the motion, which passed by unanimous voice vote.

 

A resolution is listed on the Consent Agenda.

Added to Agenda

02/12/07-12 OPEN SPACE TRUST FUND

Ms. Baillie moved approval of Mr. Mezzacca’s recommendation to use $600,000.00 from the General Capital Improvement Fund for the purchase of the Livesey property. Mrs. Vitale seconded the motion. The closing is scheduled for February 15, 2007; because the Green Acres grant money will not be received in time for the closing, the General Capital Improvement Fund will be providing the funds and will be reimbursed upon receipt of the grant funds. At the conclusion of discussion, the motion passed by unanimous voice vote.

A revised resolution is listed on the Consent Agenda.

Invitation for Discussion by the Public

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.

Donald Brunner, Redmond Drive, was advised that taxes may go up even with using surplus.

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

Advertised Hearings - None

Introduction of Ordinances

The Clerk made the following statement:
The Ordinances scheduled for introduction and first reading tonight will have a hearing during the meeting of February 26, 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, for further consideration and 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:

ORDINANCE 3-2007

ORDINANCE OF THE BOROUGH OF MADISON APPROPRIATING $107,133.65 FOR WOODLAND ROAD EMERGENCY SEWER REPLACEMENT

WHEREAS, the Borough Engineer has advised the Council that the sanitary sewer on Woodland Road required emergency replacement in order to protect the health and welfare of the public; and

WHEREAS, the Borough expended $107,133.65 to replace the water main on an emergency basis, pursuant to N.J.S.A 40A:11-6; and

WHEREAS, the Borough Engineer has requested that the Borough appropriate $107,133.65 from the General Capital Improvement Fund to pay for these emergency services; and

WHEREAS, the Director of Finance has attested to the availability of the funds in the General Capital Improvement Fund in an amount not to exceed $107,133.65 for this purpose; and

WHEREAS, the Borough Council has determined that the Borough should appropriate $107,133.65from the General Capital Improvement Fund for the emergency replacement of the sanitary sewer on Woodland Road; and

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 $107,133.65 is hereby appropriated from the General Capital Improvement Fund for the emergency replacement of the sewer main on Woodland Road.

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.

Mrs. Vitale moved that Ordinance 3-2007, which was read by title, be adopted. Mr. Elias seconded the motion. There was no Council discussion and the motion passed with the following roll call vote recorded:

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

Mrs. Vitale, Mr. Elias, Mr. Conley
Nays: None

ORDINANCE 4-2007

 

ORDINANCE OF THE BOROUGH OF MADISON APPROPRIATING $130,713.98 FROM THE GENERAL CAPITAL IMPROVEMENT FUND TO INSTALL NEW DATA 911 TERMINALS AND SYSTEM HARDWARE IN POLICE VEHICLES

WHEREAS, the Chief of Police has recommended that the Borough appropriate $130,713.98 from the General Capital Improvement Fund to install new Data 911 terminals and system hardware in police vehicles; and

WHEREAS, the Director of Finance has attested to the availability of the funds in the General Capital Improvement Fund in an amount not to exceed $130,713.98 for this purpose; and

WHEREAS, the Borough Council has determined that the Borough should appropriate $130,713.98 from the General Capital Improvement Fund to install new Data 911 terminals and system hardware in police vehicles; and

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 $130,713.98 is hereby appropriated from the General Capital Improvement Fund to install new Data 911 terminals and system hardware in police vehicles.

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. Conley moved that Ordinance 4-2007, which was read by title, be adopted. Mrs. Holden seconded the motion. There was no Council discussion and the motion passed with the following roll call vote recorded:

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

Mrs. Vitale, Mr. Elias, Mr. Conley
Nays: None

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.

Mr. Elias moved adoption of the Resolutions listed on the Consent Agenda. Mrs. Vitale seconded the motion, which passed with the following roll call vote recorded:

Yeas: Mrs. Holden, as to R 40-2007 to R 45-2007, and R 47-2007 to R 50-2007

Ms. Baillie

Mr. Bowen as to R 40-2007 to R 45-2007, and R 47-2007 to R 50-2007

Mrs. Vitale, Mr. Elias, Mr. Conley
Nays: Mrs. Holden, as to R 46-2007

Mr. Bowen, as to R 46-2007

 

R 40-2007

 

RESOLUTION OF THE BOROUGH OF MADISON APPROVING USE OF MUNICIPAL OFFICERS AS TRAFFIC DIRECTORS AND AUTHORIZING BOROUGH ADMINISTRATOR TO SIGN "STATEMENT OF COST" AND "AGREEMENT PUA-1-RT 124 KINGS 013380"

 

WHEREAS, the Madison Borough Police Chief has recommended that the Borough Administrator be authorized to execute a Statement of Cost and Agreement to the New Jersey Department of Transportation to allow the New Jersey Department of Transportation to use Madison police officers as traffic directors in regard to a project known as Route 124 Kings Road Intersection Improvements to be performed within the Borough of Madison; and

WHEREAS, the Statement of Cost and Agreement provide that the Borough of Madison will be reimbursed for all hours during which police officers work in the capacity of police traffic directors for said project; and

WHEREAS, the Borough Administrator is designated as the appropriate authority pursuant to the Madison Borough Code §34-3; and

WHEREAS, the New Jersey Department of Transportation requires a municipal resolution of support for the subject Agreement.

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:

The Mayor and Borough Clerk are authorized to execute the Agreement PUA-1-Rt 124 Kings-013380 referred to as Route 124 Kings Road Intersection Improvements.

The Borough Administrator is authorized to execute the Statement of Cost for the Route 124 Kings Road Intersection Improvements.

The Borough Administrator shall be authorized to act on behalf of the Borough in regard to the above described project.

R 41-2007

RESOLUTION OF THE BOROUGH OF MADISON ACCEPTING TRAFFIC CALMING TASK FORCE FINAL REPORT AND RECOMMENDATIONS

 

 

WHEREAS, the Borough Council established the Traffic Calming Policy Task Force (‘Task Force") in 2006 to develop and recommend policy and guidelines for use of traffic calming measures on Borough roads; and

WHEREAS, the Task Force has presented a Final Report and Recommendations to the Borough Council dated December 2006; and

WHEREAS, the Borough Council has determined to accept the Final Report and Recommendations of the Task Force.

NOW, THEREFORE, BE IT RESOLVED, by the Council of the Borough of Madison, County of Morris and State of New Jersey that the Borough accepts the Final Report and Recommendations of the Task Force.

 

R 42-2007

 

RESOLUTION OF THE BOROUGH OF MADISON EXTENDING TRAFFIC CALMING POLICY TASK FORCE FOR 2007

 

WHEREAS, the Borough Council established the Traffic Calming Policy Task Force ("Task Force") by Resolution 53-2006 for the purpose of developing and recommending policy and guidelines for use of traffic calming measures on Borough roads; and

WHEREAS, the Borough Council wishes to extend the Task Force through 2007; and

WHEREAS, the Task Force will conclude and be dissolved once the traffic calming policy and guidelines are accepted by the Borough Council or at such other time as the Borough Council may determine.

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:

The Traffic Calming Policy Task Force established by Resolution 53-2006 shall remain in effect for the balance of 2007 for the purpose of developing and recommending a policy and guidelines for the use of traffic calming measures on Borough roads.

The Task Force shall not make any recommendations on the use of traffic calming methods for any particular road within the Borough.

The guidelines, once developed by the Task Force, should be submitted to the Borough Council, which the Borough Council may accept or reject.

The Task Force shall consist of the Borough Engineer and the Chief of Police and three Council Members, to be designated by the Council.

R 43-2007

RESOLUTION OF THE BOROUGH OF MADISON AWARDING CONTRACT FOR TREE TRIMMING TO HONOR TREE SERVICE, INC.

 

WHEREAS, the Borough of Madison publicly advertised for bids for tree trimming (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 Honor Tree Service, Inc. in the amount of $100.00 per hour for request one and request two for a total of $200.00 per hour for both requests; and

WHEREAS, the Superintendent of Public Works has recommended that the Contract should be awarded to Honor Tree Service, Inc., in the amount of $100.00 per hour for request one and $100.00 per hour for request two; and

WHEREAS, the Borough Council has determined that this bid is fair and reasonable and that Honor Tree Service, Inc., should be awarded the contract based on its bid; and

WHEREAS, the Director of Finance has attested that funds are available in an amount not to exceed $200.00 per hour 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 tree trimming is hereby awarded to Honor Tree Service, Inc., based upon its bid in the amount of $100.00 per hour for request one and $100.00 per hour for request two.

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

 

R 44 – 2007

RESOLUTION OF THE BOROUGH OF MADISON APPROVING RAFFLES LICENSE APPLICATIONS SUBMITTED BY PTO TOREY J. SABATINI SCHOOL

BE IT RESOLVED by the Council of the Borough of Madison, County of Morris, State of New Jersey, that the following applications for Raffles Licenses, to be held as listed below, be and the same are hereby approved:

PTO TOREY J. SABATINI SCHOOL

I.D. No. 274-5-33160

R.A. No. 1043 – On Premises
March 10, 2007

R.A. No. 1044 – On Premises
March 10, 2007

BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded to the Legalized Games of Chance Control Commission.

R 45 - 2007

RESOLUTION OF THE BOROUGH OF MADISON APPROVING RAFFLES LICENSE APPLICATION SUBMITTED BY BIG BROTHERS BIG SISTERS OF MORRIS, BERGEN & PASSAIC INC. TO CONDUCT AN ON-PREMISES 50/50 RAFFLES GAME ON SUNDAY, MARCH 25, 2007

WHEREAS, N.J.S.A. 5:8-1 et seq. and N.J.A.C. 13:47-1.1 et seq. prohibit the conducting of games of chance on Sunday unless specifically authorized by a duly adopted municipal ordinance; and

WHEREAS, on March 8, 1982, the Council of the Borough of Madison adopted Ordinance No. 5-82 to allow the Council, by resolution, to permit qualified organizations to conduct games of chance on Sunday; and

WHEREAS, the New Jersey Legalized Games of Chance Control Commission has issued Registration Identification No. 375-5-35673 to Big Brothers Big Sisters of Morris, Bergen & Passaic Inc.; and

WHEREAS, an Application for Raffles License, together with all necessary documents and fees, has been submitted to the Madison Borough Clerk's Office by Big Brothers Big Sisters of Morris, Bergen & Passaic Inc. to conduct an On-Premises 50/50 Raffles Game on Sunday, March 25, 2007, at Plaza Lanes, 53 Madison Plaza, Madison;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Borough of Madison, County of Morris, State of New Jersey, that the afore-mentioned Application for Raffles License, R.A. No. 1042, to be held as listed above, be and the same is hereby approved.

BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded to the Legalized Games of Chance Control Commission.

 

R 46-2007

 

RESOLUTION OF THE BOROUGH OF MADISON SETTING THE DATE AND TIME FOR THE 2008 ANNUAL REORGANIZATION MEETING OF THE MAYOR AND COUNCIL FOR JANUARY 2, 2008 AT 7 P.M.

WHEREAS, the Borough of Madison has previously held the annual reorganization meeting of the Mayor and Council on New Year’s day, January 1st at noon; and

WHEREAS, the annual reorganization meeting of the Governing Body must take place during the first week January, pursuant to N.J.S.A.40:45A-1

WHEREAS, the Council has determined to schedule the 2008 annual reorganization meeting to take place on Wednesday January 2, 2008 at 7 P.M, in the Council Chamber at the Hartley Dodge Memorial or such other location as may hereafter be announced.

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 annual reorganization meeting of the Mayor and Council for 2008 shall be held on January 2, 2008 at 7 P.M. in the Council Chamber at the Hartley Dodge Memorial or such other location as may hereafter be announced.

R 47-2007

RESOLUTION OF THE BOROUGH OF MADISON APPROVING THURSDAY MORNING CLUB, INC.’S (TMC) APPLICATION TO MORRIS COUNTY FOR A COMMUNITY DEVELOPMENT BLOCK GRANT

 

 

WHEREAS, the Madison Community House, owned and operated by the Thursday Morning Club at the Cook Avenue site since 1924, is suffering from serious structural difficulties; and

 

WHEREAS, nearly 60,000 individuals use the Madison Community House each year, mostly at no charge; and

 

WHEREAS, the Thursday Morning Club, Inc. has submitted an application for the 2007 County of Morris Community Development Block Grant (CDBG) program to the Morris County Division of Community Development.

 

NOW, THEREFORE, BE IT RESOLVED, by the Council of the Borough of Madison, County of Morris and State of New Jersey, that the Borough of Madison supports and endorses the above-described application to the Community Development Block Grant by the Thursday Morning Club, Inc.

 

R 48- 2007

RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING MADISON CHAMBER OF COMMERCE ART SHOW AND SIDEWALK SALES ON SATURDAY, JUNE 2, 2007 FROM 8 A.M. TO 5 P.M.

WHEREAS, the Madison Chamber of Commerce has applied for permission to close Waverly Place on Saturday, June 2, 2007, to hold an art show from 8:00 a.m. to 5:00 p.m.; and

WHEREAS, the Madison Chamber of Commerce has also applied for permission to hold sidewalk sales on the North side and South side of Main Street from Green Village Road to Greenwood Avenue, and on the North side of Main Street and Park Avenue from Green Village Road to Ridgedale Avenue, and on the East and West sides of Waverly Place on Saturday June 2, 2007, from 8:00 a.m. to 5:00 p.m.; and

WHEREAS, the Madison Chamber of Commerce has also applied for permission to utilize the northern half of James Park from 8:00 a.m. to 5:00 p.m. for not-for-profit and student art displays; and

WHEREAS, the Council has determined that permission should be granted provided that the Chamber of Commerce agrees to keep a clearance of at least ten (10) feet from all fire hydrants and keep entrances to all stores/apartments clear.

NOW, THEREFORE, BE IT RESOLVED, by the Council of the Borough of Madison, in the County of Morris, State of New Jersey, that the request for the Madison Chamber of Commerce to close Waverly Place to hold an art show from 8:00 a.m. to 5:00 p.m., and to hold sidewalk sales in locations described herein on June 2, 2007 from 8:00 a.m. to 5:00 p.m., and to utilize the northern half of James Park from 8:00 a.m. to 5:00 p.m. for art displays, is hereby granted and approved subject to the above noted conditions and subject to compliance with any safety requirements of the Madison Police Department and Fire Department.

 

R 49-2007

RESOLUTION OF THE BOROUGH OF MADISON ESTABLISHING A SISTER CITY RELATIONSHIP WITH MARIGLIANO, ITALY

 

WHEREAS, the Borough of Madison has been blessed by becoming the home to many immigrants from Italy over the past century and more; and

WHEREAS, many of those immigrants and many current residents of Madison trace their heritage to the region of Campania and to the areas in and around the town of Marigliano, located in the Province of Naples; and

WHEREAS, these Madison residents and their forebears have been and continue to be an important part of the culture and economy of Madison; and

WHEREAS, the relationship between Madison and Marigliano, Italy was formally recognized and honored by the official visit to Madison by the Mayor of Marigliano, Felice Esposito Corcione, on November 25, 2006; and

WHEREAS, the Mayor of Marigliano was warmly received and honored by the citizens of Madison at a public reception in his honor at the Hartley Dodge Memorial Building; and

WHEREAS, both towns genuinely expressed interest in humanitarian projects, including student exchanges and other resident-identified initiatives; and

WHEREAS, the Borough of Madison, New Jersey formally announces its endorsement of entering into a Sister City Relationship with the town of Marigliano, Italy.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Madison, in the County of Morris and State of New Jersey, that a Sister City Relationship is hereby established with the town of Marigliano, Italy based on our common interests in community, culture, education and history.

R 50-2007

 

 

RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING USE OF $600,000.00 FROM THE GENERAL CAPITAL IMPROVEMENT FUND FOR THE PURCHASE OF LOT 11, BLOCK 3901, KNOWN AS THE LIVESEY PROPERTY

 

WHEREAS, the Borough of Madison is about to purchase property known as Lot 11, Block 3901, for use as open space as authorized by Ordinance 62-2006 and Resolution 246-2006; and

WHEREAS, the New Jersey Green Acres program has awarded Madison $600.000.00 towards the purchase of said property; and

WHEREAS, the property received subdivision approval on January 30, 2007; and

WHEREAS, the closing is set for February 15, 2007; and

WHEREAS, the Green Acres grant money will not be received in time for

the closing; and

WHEREAS, the Council wishes to utilize the General Capital Improvement Fund for payment of said $600,000.00 for the closing upon the understanding that the General Capital Improvement Fund will be reimbursed upon receipt of the state Green Acres Funds in the amount of $600.000.00; and

WHEREAS, the Director of Finance has attested that funds will be available in an amount not to exceed $600,000.00 from the General Capital Improvement Fund; 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, that use of $600,000.00 from the General Capital Improvement Fund for part of the purchase price of Lot 11, Block 3901, as described herein is authorized, to be reimbursed to the General Capital Improvement Fund upon receipt from the state Green Acres program.

Unfinished Business - None

APPROVAL OF VOUCHERS

On motion by Mr. Elias, 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 $25,723.09

Health & Public Assistance 10,078.81

Public Works & Engineering 292,018.55

Community Affairs 6,749.95

Finance & Borough Clerk 10,242,722.70

Utilities 704,201.28

Total $11,281,494.38

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

Yeas: Mrs. Holden, Ms. Baillie, Mr. Bowen, Mrs. Vitale

Mr. Elias, as to all but P.O. #05-00393 in the name of Eastern Builders Inc for $494,315.78

Mr. Conley

Nays: Mr. Elias, as to P.O. #05-00393 in the name of Eastern Builders Inc. for $494,315.78

New Business

Mayor Kerkeslager announced the following appointment and requested Council confirmation:

dOWNTOWN DEVELOPMENT COMMISSION

Michael Kopas, College Regular Rep. Drew University, unexpired term (Harris) through December 31, 2007

Mrs. Holden moved approval of the foregoing appointment. Mr. Bowen seconded the motion, which passed by unanimous voice vote.

Mayor Kerkeslager announced the following two appointments not requiring Council confirmation:

EMERGENCY MANAGEMENT COORDINATOR

Chip Smith, three-year term through December 31, 2009

PLANNING BOARD MEMBER CLASS II

Paul Daly, one-year term through December 31, 2007

Adjourn and reconvene executive session

The Regular Meeting adjourned at 10:30 p.m. and the Executive Session immediately reconvened in the Committee Room.

RECONVENE AND ADJOURN

The Regular Meeting reconvened at 11:40 p.m. and immediately adjourned.

Respectfully submitted,

 

 

Marilyn Schaefer

Borough Clerk

Approved February 26, 2007 (MS)

 

 

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