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

Raymond M. Codey, Acting Administrator

Joseph Mezzacca, Jr., Borough Attorney

Marilyn Schaefer, Borough Clerk

One Contract Matter and one Potential Litigation Matter were added to the Executive Agenda. Three discussions were added to the open session.

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 (3)

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

POTENTIAL LITIGATION MATTER (1)

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.

Ms. Baillie moved approval of the Regular Meeting Minutes of February 26, 2007 with the following amendment to page 10, Discussion #1, last paragraph:

………………….

After detailed discussion, Mrs. Holden moved approval of the proposed configuration and the detail discussion to be sent back to committee to send the recommendations back to the committee to work through the details……………

The motion was seconded by Mrs. Vitale and carried by unanimous voice vote.

Ms. Baillie moved approval of the Executive Minutes of February 26, 2007. Mrs. Vitale seconded the motion, which passed by unanimous voice vote.

Ms. Baillie moved approval of the Open Session of Executive Minutes of February 28, 2007, and Executive Minutes of February 28, 2007. Mrs. Vitale seconded the motion which passed by voice vote, with Mrs. Holden abstaining as to the Open Session of Executive Minutes of February 28, 2007 and the Executive Minutes of February 28, 2007.

Mayor Kerkeslager asked that a moment of silence be observed in memory of Michael Finelli, who recently passed away and who was a valued member for many years in the Public Works Department and in the Madison community.

After the moment of silence, Mayor Kerkeslager made the following comments:

The local chapter of the American Red Cross has requested permission to fly their flag during the month of March, which is American Red Cross Month. Over the years, this was a practice of the Red Cross that is being re-instituted. The request came from the American Red Cross Board through their Communication and Marketing Manager, Mary Levitz.

Mayor Kerkeslager reminded the public of the scheduled informal public information meeting regarding creation of an overlay zone for the two easternmost blocks in the CC Community Commercial Zone fronting Main Street, where age-restricted and senior citizen housing is introduced as permitted uses; the meeting is scheduled for Wednesday, March 14, 2007, at 7 p.m. in the 2^nd Floor Council Chamber of the Hartley Dodge Memorial. No formal action will be taken at the meeting. Mayor Kerkeslager wanted to link that planning effort into some of the other planning efforts that are underway in the town—the Phillips Preiss Shapiro study on parking and redevelopment that is being funded by the Downtown Development Commission just had a major summary of their work that is focused on planning for parking and redevelopment in the central business districts 1 and 2; and it does some looks outside of that. The meeting scheduled for Wednesday that Mayor Kerkeslager talked about takes a look at a part of Madison’s Community Commercial Zones, the East Business District (EBD); Mayor Kerkseslager commented that Madison needs to look at all of Madison’s commercial districts; the districts are both commercial and residential zones; in many ways, Madison’s commercial districts are successful because they are also residential districts. Mayor Kerkeslager complimented the Planning Board, the Zoning Board, the Downtown Development Commission and, particularly, the Council for working the issues with a lot of public input.

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

Tax Preparation Help

Tax preparation continues through April 11, 2007, at the Madison Senior Center; residents may call 973.593.3095 for an appointment. There are trained representatives from AARP who will help residents prepare their forms.

On Monday, March 19, 2007, Cathie Coultas, President of the Madison Historical Society, will lecture at the Senior Center on the history of the rose industry and how Madison got its name as the "Rose City".

The Little League and Softball will begin their seasons with a parade on March 24, 2007.

On March 31, 2007, there will be a fundraiser for Junior Football held at the Madison High School; the price is $40 per person; interested individuals may call 973.410.9291 for tickets.

Mrs. Holden congratulated Mrs. Vitale for her work on the grant for the Hartley Dodge Memorial building, which grant was awarded to the Borough of Madison in an amount over $700,000.00. In addition, Mrs. Holden thanked Downtown Manager Janice Piccolo, Borough Engineer Robert Vogel and Architect Bob Russell for all their input in this regard. There were 141 grant applications and only 63 were funded; Mrs. Holden commented that what made the grant application so appealing was that there were out-of-state reviewers who did the scoring and also that the Borough is making the entire building handicap accessible.

Mayor Kerkeslager introduced Raymond M. Codey, the Borough’s new Administrator, who joined the Borough a little less than two weeks ago. He received a round of applause and welcome.

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

Ms. Baillie included congratulations to Downtown Manager Janice Piccolo and commented that among many hats Janice wears, she is a grant writer. Ms. Baillie also congratulated Mrs. Vitale, Borough Engineer Bob Vogel and Architect Bob Russell on the successful completion of the grant and the award to the Borough of the grant for the Hartley Dodge Memorial building.

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

Mr. Bowen commented on the outbreak of stomach virus on the Fairleigh Dickinson University campus; the situation is under control there; Mr. Bowen clarified that the matter falls under the jurisdiction of the Florham Park Board of Health. Madison’s Health Department has not identified any related outbreaks in Madison to date and continues to monitor the situation.

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

Mrs. Vitale commented that Madison’s ball fields are being readied; sidewalks and potholes are being worked on. Mrs. Vitale thanked the Public Works Department for all their hard work during the recent snow.

Mrs. Vitale expressed her thanks to Janice Piccolo for her work on the grant application for the Hartley Dodge Memorial building and commented that both she and Mrs. Piccolo spent many hours working on the grant application; it necessitated bringing together many people for input including Borough Engineer Robert Vogel, Historic Preservation Commissioner Janet Foster, Architect Bob Russell and Historian Larry Taber, who all pitched in to put forth a successful grant that will bring to the Borough about $750,000.00 in grant funds for the Hartley Dodge Memorial building.

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

Mr. Elias briefly added his congratulations and thanks to all who worked on the grant award for the Hartley Dodge Memorial.

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

This past Saturday clocks were moved ahead one hour, three weeks ahead of the past schedule; it is a good time to remember the need to change batteries in smoke detectors; there are over 600,000 deaths a year in house fires; it is a common misconception that a person will wake up and smell the smoke; a person will only wake up with the sound of the smoke detector; senior citizens in town who may be unable to accomplish this may call the Fire Department at 973.593.3021; an on-duty firefighter will schedule an appointment and will change batteries on an annual basis free of charge.

COMMUNICATIONS AND PETITIONS – None

03/12/07-1 review FIRE/POLICE BUILDING capital project;

HDM RENOVATIONS; REVIEW OF RELOCATION AND RENOVATIONS

Borough Engineer Robert Vogel reported that the project is proceeding on its normal path; interior improvements are being made. This Wednesday there is a renovations meeting; the issue that remains to be resolved is the issue of temporary relocation space. Staffing requirements for all administrative offices require relocation of 28 full-time persons, 8 part-time persons and essentially 32 work stations; the parking demand for those 32 work stations corresponds to 28 personal vehicles, 2 municipal vehicles and 8 part-time vehicles for a total of 38 vehicles; full-time usage of parking would not be expected for more than 30 vehicles for the administrative staff relocation.

Architect Bob Russell commented at the last meeting on the option of phasing construction within this building and, as a clarification, Mr. Russell indicated that the general contractor would require a significant increase in bid price to look at segmenting staff and maintaining staff in this building for reasons including maintaining temp power, maintaining communications, closing off areas for asbestos work, and maintaining an office work environment during normal work hours which would generally be normal construction hours in the building, which would cause an inflated bid price and, to Mr. Russell’s prospective, there was no question on that matter; it would also, to his prospective, exceed the budget for all relocation efforts of $242,000.00 in the bond ordinance.

In terms of renovations to municipally owned buildings, Mr. Vogel commented that the Civic Center has always been put forth as a good option. Renovation plans have been put together for that space; there is approximately 5,000 square feet available in the front of the Civic Center; Mr. Vogel reconfirmed that the reconfigured spaces within the Civic Center can be done for $30+ dollars per square foot for a total cost of renovations to the Civic Center not to exceed $175,000.00. There are 64 parking spaces that exist at the Civic Center; if trailers are needed to supplement staff spaces on the site, it will reduce the number of parking spaces by 11. Some of the issues which bring concern in using the Civic Center are parking related to special events; existing usage by the seniors and teens; and some school circulation that happens at 3 p.m. every day which makes Walnut Street very busy.

The proposed use of the Maple Avenue Lot was to restore 24 spaces for Hartley Dodge use and relinquish the rest for resident commuters; there are currently 41 spaces at the Maple Avenue Lot. There was discussion of overflow parking options and using a shuttle service.

03/12/07-2 SPACE RELOCATION PLAN FOR ALL EMPLOYEES AT ALL LOCATIONS

In terms of temporary space in municipally owned buildings for relocation of staff, Central Avenue is off the table; 10 Maple Avenue is still a consideration as to the 2^nd floor which has 600 square feet. As to converting the basement of the new Fire & Police building, there are 2,250 square feet available; Mr. Vogel mentioned the complications with regard to use of that space; the basement may be renovated for approximately $30 to $35 per square foot to have an office use; the Fire and Police Departments planned to use that space for storage; those are the renovation alternatives for municipally owned buildings.

Mr. Vogel continued that he has also looked at trailer rental options as a solution, as indicated by the Omland report in the fall of last year. They summarized that Hanover recently did a full staff move into temporary offices in trailers; if the Borough were to take 8,500 square feet of office space in total, that would cost approximately $350,000 per year, which exceeds the Borough relocation budget; if trailers were used to augment the renovations to the Civic Center, the four office trailers would net approximately 2,800 square feet of additional square feet at $39 per square foot, which would amount to an additional $112,000 for a year of rental of trailers; that would have to be bid; in summary, trailers are a viable option. The last and most difficult to nail down in a short period of time would be private property options in terms of leasing floor space; Mr. Vogel went over the spaces already looked at—Lincoln Mayflower with 11,000 square feet available; total cost would be beyond our temporary relocation budget; the new First Morris Bank site where the 2^nd floor of 2,400 square feet is currently available would translate nicely for space lost from the Cook and Central building and would not require trailers if that option were elected and may be more affordable. Mr. Vogel commented on an opportunity at the Elks Club; Bayley-Ellard, Giralda Farms and CVS have been discussed in the past. At the present time, Mr. Vogel’s recommendation would be to try to obtain leased space at a price less than the cost of trailers to augment the space that is needed in addition to the space at the Civic Center. Mr. Vogel expressed his hope that the Civic Center is still the Mayor and Council’s primary option and that the supplementary option should be pursuing private leased space.

Council continued discussion of the need for 7,000 square feet of relatively free space, which might be satisfied with the Civic Center and use of the basement of the new Fire & Police building. Mr. Vogel commented that the occupants of the new Fire & Police building don’t have any interest in office space in the basement; they need it for storage space; Eastern Builders is now occupying that site, so getting in there to make renovations of the basement could be a challenge; other concerns were voiced about relocating some employees to the new Fire & Police facility basement; Council asked for a comparison of concept plans and costs.

Mr. Vogel spoke of the need to bid renovations to the front part of the Civic Center and for Council’s concurrence to move forward; a decision as to who will relocate there must be made. Mr. Vogel and Acting Administrator Codey were asked to pick a plan and propose who will go where; it was noted that 10 Maple Avenue is limited to 11 people; Mr. Codey is also looking at private space.

Ms. Baillie spoke about the HDM meetings regarding renovations and gave details of the committee discussions as to possible materials to use in the renovation which go along with the Historic Preservation Commission standards. Ms. Baillie commented that Architect Bob Russell took all Council comments to heart and agreed that it is a good idea to make the proposed new configuration of the Mayor and Council table space a movable space, no drilling holes, and researching a large screen to fit into the bench area; in terms of the court board room, it is agreed that the Council Chamber is the centerpiece of this building; the thinking is not to overdo what is done in the board room/new court room area on the ground floor; after consideration, the administrator will continue to remain on the 2nd floor; the committee is still looking at signage and lighting options for this building and is not yet ready with recommendations; they have found some fixtures for the east and west wing stairs which all agree are appropriate.

03/12/07-3 Appropriate $30,000.00 from the General Capital Improvement Fund to enclose the generator on North Street

Mrs. Holden moved approval of Superintendent of Public Works David Maines’ recommendation to appropriate $30,000.00 from the General Capital Improvement Fund to enclose the generator on North Street. Ms. Baillie seconded the motion, which passed by unanimous voice vote.

An ordinance is listed for introduction later in the meeting.

03/12/07-4 Appropriate $40,000.00 from the General Capital Improvement Fund to purchase two lawn mowers

Mrs. Vitale moved approval of Superintendent of Public Works David Maines’ recommendation to appropriate $40,000.00 from the General Capital Improvement Fund to purchase two lawn mowers. Ms. Baillie seconded the motion, which passed by unanimous voice vote.

An ordinance is listed for introduction later in the meeting.

03/12/07-5 Appropriate $40,000.00 from the General Capital Improvement Fund to purchase one (1) pick up truck

Mrs. Holden moved approval of Superintendent of Public Works David Maines’ recommendation to appropriate $40,000.00 from the General Capital Improvement Fund to purchase one pick up truck. Ms. Baillie seconded the motion, which passed by unanimous voice vote.

An ordinance is listed for introduction later in the meeting.

03/12/07-6 Appropriate $180,000.00 from the General Capital Improvement Fund to purchase one sweeper

Mrs. Holden moved approval of Superintendent of Public Works David Maines’ recommendation to appropriate $180,000.00 from the General Capital Improvement Fund to purchase one sweeper. Ms. Baillie seconded the motion. Comments included that this machine is used 5 days a week, 7.5 hours a day, so there is not an option for shared services of this sweeper. There was no further discussion and the motion passed by unanimous voice vote.

An ordinance is listed for introduction later in the meeting.

03/12/07-7 PURCHASE OF NEW ZETRON E 911 PSAP

Mr. Conley moved approval of Police Chief Chirico’s recommendation to purchase a Zetron E 911 PSAP. Mrs. Holden seconded the motion. Comments included that this unit picks up cellular phone locations. There was no further discussion and the motion passed by unanimous voice vote.

A resolution is listed on the Consent Agenda.

03/12/07-8 APPROPRIATE $8,000.00 FROM 2007 CAPITAL IMPROVEMENT FUND FOR NEW RADIOS AND RADIO EQUIPMENT

Mr. Conley moved approval of Police Chief Chirico’s recommendation to appropriate $8,000 from the 2007 Capital Improvement Fund for new radios and radio equipment. Mrs. Holden seconded the motion, which passed by unanimous voice vote.

An ordinance will be listed for introduction on the March 26, 2007 Agenda; no resolution of award will be needed as this is being purchased under a County Co-Op contract.

03/12/07-9 APPROPRIATE $15,000.00 FROM THE 2007 CAPITAL IMPROVEMENT FUND FOR NINE (9) DEFIBRILLATORS

Mr. Conley moved approval of Police Chief Chirico’s recommendation to appropriate $15,000.00 from the 2007 Capital Improvement Fund for nine defibrillators. Mrs. Holden seconded the motion. Comments included that these defibrillators may also be used for children. There was no further discussion and the motion passed by unanimous voice vote.

An ordinance will be listed for introduction on the March 26, 2007 Agenda.

03/12/07-10 COLE PARK

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

03/12/07-11 resolution opposing the time of decision rule

Mr. Mezzacca recommended adoption of this resolution opposing the Senate bill regarding the time of decision rule, which would take away a lot of flexibility from towns. Mrs. Holden moved adoption, which was seconded by Ms. Baillie and passed by unanimous voice vote.

A resolution is listed on the Consent Agenda.

03/12/07-12 SCHEDULE CONFLICT – THE NJ LEAGUE CONFERENCE SCHEDULED FOR NOVEMBER 13, 14, 15, 16, 2007

The Borough Council meeting of Wednesday, November 14, 2007, is scheduled during the week of the League Conference. Mrs. Holden moved that the November 14, 2007 meeting be cancelled. Mr. Elias seconded the motion, which passed by unanimous voice vote.

YARD WASTE CONTRACT

Mr. Mezzacca commented that although three bids were received in this matter, the first two bids did not qualify due to the lack of proper documentation, and therefore must be rejected. The only qualifying bid was the highest bid from Waste Industries, LLC; the yard waste collection is scheduled to begin March 19, 2007, and therefore it is important that this matter move forward. A resolution has been prepared for the Consent Agenda; Mr. Mezzacca amended wording in the resolution for adoption to include that it is "for a five year contract".

Council was unanimously in favor to list the resolution as amended on the Consent Agenda.

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.

Fran Mantone, Woodland Road, in detailed comments, was satisfied with the answer to her question when advised as to the members of the committee working on the renovation of the Hartley Dodge Memorial building; was advised that all materials to be used will be submitted to the Historic Preservation Commission. Mrs. Mantone wanted to put on record one more time her views opposing the decision about 22 Central Avenue and giving an option to the Affordable Housing Corporation to purchase the property if they can secure funding; Mrs. Mantone’s comments included that it will go down as the biggest mistake this Council can make and asked the Mayor and Council to reconsider.

Jim McCloskey, Dean Street, commented that Mrs. Mantone did a fine job with her comments; spoke about proposed development in Madison and the Wednesday meeting about a proposed overlay zone.

Sam DeMarzo, Ridgedale Avenue, spoke of needing clarification as to comments at a previous meeting; asked for sidewalks to be fixed on Ridgedale Avenue; was advised that Borough Engineer Robert Vogel, who had left the meeting room, will be advised of Mr. DeMarzo’s comments regarding the need to repair sidewalks on Ridgedale Avenue.

The Clerk made the following statement:

Ordinances scheduled for hearing tonight were submitted in writing at a Regular meeting of the Mayor and Council held on February 26, 2007, were introduced by title and passed on first reading, were published in the Madison Eagle and made available to members of the general public requesting same.

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

ORDINANCE OF THE BOROUGH OF MADISON AMENDING CHAPTER 94 APPENDIX "A" SCHEDULE OF RATES FOR ELECTRIC UTILITY

 

WHEREAS, the Chief Financial Officer of the Borough of Madison has recommended that the electric utility rates be increased due to increased costs; and

WHEREAS, the Borough Chief Financial Officer has recommended that Appendix A to Chapter 94 of the Borough Code, entitled "Borough of Madison Schedule of Rates for Electric Utility December 1993" be amended to reflect the following new rates:

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: Appendix A to Chapter 94 of the Borough Code, entitled "Borough of Madison Schedule of Rates for Electric Utility December 1993" is hereby amended to revise the electric utility rates and classifications as set forth herein.

SECTION 3: All other rates and terms remain the same, except those changed herein.

SECTION 4: This Ordinance shall take effect as provided by law.

Mayor Kerkeslager opened the hearing on the above ordinance and asked if anyone wished to be heard; he commented that this ordinance increases electric rates and encouraged public comment. Since no member of the public wished to be heard, the public hearing was closed.

Mr. Elias moved that Ordinance 5-2007, which the Borough Clerk read by title, be finally adopted. Mrs. Vitale seconded the motion. Council comments included that the existing electric purchase power contract ends in December 2007, and the Mayor and Council have been looking at substantial increases in cost to the Borough of purchasing electric power; this ordinance schedules a 9% increase; others show rate increases double that; the Borough is gradually rolling out rate increases. There was no further 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

Mayor Kerkeslager declared Ordinance 5-2007 adopted and finally passed and asked the Clerk to publish notice thereof in the newspaper and file the ordinance in accordance with the law

ORDINANCE OF THE BOROUGH OF MADISON AMENDING CHAPTER FOUR OF THE MADISON BOROUGH CODE ENTITLED "ADMINISTRATOR"

WHEREAS, the Borough Attorney has recommended that the Borough Code Chapter Four entitled "Administrator" be amended to reflect the current statutory references; and

WHEREAS, the Borough Council has determined to amend said Chapter Four to revise the requirements for the position of Borough Administrator to broaden the scope of educational requirements that are acceptable.

NOW, THEREFORE, BE IT ORDAINED, by the Council of the Borough of Madison, in the County of Morris and State of New Jersey that Chapter Four of the Borough Code entitled "Administrator" is hereby amended as follows:

SECTION 1:

§ 4-2. Appointment; term of office; removal from office; qualifications.

The Borough Administrator shall qualify, be appointed and serve a term of office in accordance herewith:

A. Appointment. The Borough Administrator shall be appointed pursuant to the provisions of N.J.S.A. 40A:9-136 et seq.

B. Term of office. The term of the Borough Administrator shall be for a four-year term with the next four year term commencing on January 2, 2008, with provisions for suspension or removal as set forth in Subsection C.

C. Removal.

(1) The Borough Administrator may be removed at any time by a 2/3 vote of the Borough Council. The resolution of removal shall become effective three months after its adoption by the Borough Council. The Borough Council may provide that the resolution shall have immediate effect; provided, however, that the Borough Council shall cause to be paid to the Administrator forthwith any unpaid balance of his or her salary and his or her salary for the next three months following adoption of the resolution, unless the cause for such removal is the result of the conviction of said Administrator of an indictable offense of a subject matter relating to his or her employment.

(2) The Borough Administrator, upon receipt of a resolution of removal properly approved, may reply within 10 days of receipt and request a public hearing. A public hearing, if any, shall be held not earlier than 15 days nor later than 30 days after the request is received by the Borough Council. The findings of the hearing and the decision of removal shall be by written resolution approved by a 2/3 vote of the Borough Council.

(3) If the Borough Administrator is restored to his or her position he or she shall be entitled to any compensation lost by reason of such suspension. Also, if after once being formally appointed to a four-year term, he or she is not subsequently reappointed, the Borough of Madison shall pay his or her salary for three calendar months following the failure to reappoint.

D. Qualifications. The Borough Administrator shall be appointed on the basis of administrative qualification. A master's degree in public administration, or similar advanced degree, including other master’s degrees, or law degree, with a minimum of five years of work experience in government is required. No elected member of the Borough Council or Mayor may receive such appointment during his or her term of office nor within one year after the expiration of said term.

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

Mayor Kerkeslager opened the hearing on the above ordinance and asked if anyone wished to be heard. Since no member of the public wished to be heard, the public hearing was closed.

Ms. Baillie moved that Ordinance 6-2007, which the Clerk read by title, be finally adopted. Mr. Bowen 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

Mayor Kerkeslager declared Ordinance 6-2007 adopted and finally passed and asked the Clerk to publish notice thereof in the newspaper and file the ordinance in accordance with the law

The Clerk made the following statement:
The Ordinances scheduled for introduction and first reading tonight will have a hearing during the meeting of March 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 7-2007

ORDINANCE OF THE BOROUGH OF MADISON APPROPRIATING $30,000.00 FROM THE GENERAL CAPITAL IMPROVEMENT FUND TO ENCLOSE THE GENERATOR ON NORTH STREET

WHEREAS, the Superintendent of Public Works has recommended that the Borough appropriate $30,000.00 from the General Capital Improvement Fund to build a generator building at North Street; 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 $30,000.00 for this purpose; and

WHEREAS, the Borough Council has determined that the Borough should appropriate $30,000.00 from the General Capital Improvement Fund to build a generator building at North Street; 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 $30,000.00 is hereby appropriated from the General Capital Improvement Fund to build a generator building at North Street.

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 7-2007, which the Clerk 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 8-2007

ORDINANCE OF THE BOROUGH OF MADISON APPROPRIATING $40,000.00 FROM THE GENERAL CAPITAL IMPROVEMENT FUND TO PURCHASE TWO LAWN MOWERS

WHEREAS, the Superintendent of Public Works has recommended that the Borough appropriate $40,000.00 from the General Capital Improvement Fund to purchase two lawn mowers for use by the Public Works Department; 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 $40,000.00 for this purpose; and

WHEREAS, the Borough Council has determined that the Borough should appropriate $40,000.00 from the General Capital Improvement Fund to purchase two lawn mowers; 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 $40,000.00 is hereby appropriated from the General Capital Improvement Fund to purchase two lawn mowers.

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 8-2007, which the Clerk 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 9-2007

ORDINANCE OF THE BOROUGH OF MADISON APPROPRIATING $40,000.00 FROM THE GENERAL CAPITAL IMPROVEMENT FUND TO PURCHASE ONE PICKUP TRUCK

WHEREAS, the Superintendent of Public Works has recommended that the Borough appropriate $40,000.00 from the General Capital Improvement Fund to purchase one pickup truck for use by the Public Works Department; 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 $40,000.00 for this purpose; and

WHEREAS, the Borough Council has determined that the Borough should appropriate $40,000.00 from the General Capital Improvement Fund to purchase one pickup truck; 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 $40,000.00 is hereby appropriated from the General Capital Improvement Fund to purchase one pickup truck.

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 9-2007, which the Clerk 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 10-2007

ORDINANCE OF THE BOROUGH OF MADISON APPROPRIATING $180,000.00 FROM THE GENERAL CAPITAL IMPROVEMENT FUND TO PURCHASE ONE STREET SWEEPER

WHEREAS, the Superintendent of Public Works has recommended that the Borough appropriate $180,000.00 from the General Capital Improvement Fund to purchase one street sweeper; 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 $180,000.00 for this purpose; and

WHEREAS, the Borough Council has determined that the Borough should appropriate $180,000.00 from the General Capital Improvement Fund to purchase one street sweeper; 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 $180,000.00 is hereby appropriated from the General Capital Improvement Fund to purchase one street sweeper.

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

Mrs. Vitale moved that Ordinance 10-2007, which the Clerk 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

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 Consent Agenda. 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

 

WHEREAS, the Borough of Madison desires to purchase the Zetron E911 PSAP Telephone System from an authorized vendor under State Contract number A51008; and

WHEREAS, the purchase of goods and services by local contracting units is authorized by the Local Public Contracts Law, N.J.S.A. 40A:11-12, et seq; and

WHEREAS, Procomm Systems, Inc., 823 Uniontown Road, Phillipsburg, New Jersey has been awarded New Jersey State contract number A51008; and

WHEREAS, the Chief of Police has recommended that the Borough Council utilize this contract for said purpose in the total amount of $71,555.00; and

WHEREAS, the Director of Finance has attested that funds will be available in an amount not to exceed $71,555.00for 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 purchase of the Zetron E911 PSAP Telephone System from Procomm Systems, Inc., at a total price not to exceed $71,555.00 is hereby approved under the New Jersey State contract number A51008.

2. The Mayor and Borough Clerk are hereby authorized and directed on behalf of the Borough to execute a purchase order and contract to Procomm Systems, Inc., for the purchase of the Zetron E911 PSAP Telephone System at a total price not to exceed $71,555.00 in a form acceptable to the Borough Attorney.

RESOLUTION OF THE BOROUGH OF MADISON OPPOSING S-457, AMENDING THE TIME OF DECISION RULE

 

WHEREAS, Senate bill S-457 is intended to modify the "time of decision" rule which currently allows municipalities to change the zoning regulations during the pendency of an application for development; and

WHEREAS, under the bill the ordinances in effect at the time of an application is submitted shall govern the review of that application, and any decision made following upon that review; and

WHEREAS, "the time of decision rule" is a judicially recognized principal that decisions are to be made on the basis of laws, ordinances and regulations in effect at the time the decision is rendered; and

WHEREAS, courts have applied the "time of decision rule" to correct errors in zoning ordinances, thus giving local legislators the opportunity to correct legislative policy that had been found to be imperfectly expressed; and

WHEREAS, the "time of decision rule" has permitted a municipality to give additional legislative consideration to serious and substantial land use planning concerns that, for whatever reason, had not been previously addressed in the ordinance; and

WHEREAS, application and zoning changes require public discussion and hearings, and S-457 would permit developers to "beat the clock" by filing applications and freezing the ability of local officials to act.

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 Borough of Madison urges our State Legislators to oppose S-457.

BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to Senator Thomas H. Kean, Assemblyman Jon M. Bramnick, Assemblyman Eric Munoz, members of the Senate Community and Urban Affairs Committee, the New Jersey League of Municipalities and the Office of the Governor.

WHEREAS, the Borough of Madison publicly advertised for bids for Yard Waste Collection and Disposal in accordance with the Local Public Contracts Law, N.J.S.A. 40A:11-1, et seq.; and

WHEREAS, the Borough received three bids; and

WHEREAS, two of the bids received were missing mandatory documentation and the bids must be rejected pursuant to N.J.S.A. 40A:11-23.2; and

WHEREAS, the only qualified bid was received from Waste Industries, LLC, of Elizabeth, New Jersey.

WHEREAS, the Purchasing Agent has recommended that the Borough Council award a contract to Waste Industries, LLC, for Yard Waste Collection and Disposal in an amount not to exceed $835,000.00 for a five year contract; and

WHEREAS, the Director of Finance has attested that funds will be available in an amount not to exceed $835,000.00 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. A five year contract for the Yard Waste Collection and Disposal is hereby awarded to Waste Industries, LLC, in an amount not to exceed $835,000.00.

2. The Mayor and Borough Clerk are hereby authorized and directed on behalf of the Borough to enter into a contract with Waste Industries, LLC, in a form acceptable to the Borough Attorney.

Unfinished Business - None

On motion by Mr. Bowen, seconded by Mr. Elias, with Mr. Elias voting against payment to Eastern Builders, 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 $604,494.19

Health & Public Assistance 5,070.10

Public Works & Engineering 286,032.68

Community Affairs 3,271.04

Finance & Borough Clerk 915,726.33

Utilities 140,593.52

Total $1,955,187.86

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

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

Mr. Elias, except as to P.O. #05-00394, vendor name Eastern Builders in the amount of $547,636.90

Mr. Conley

Nays: Mr. Elias, as to P.O. #05-00394, vendor name Eastern Builders in the amount of $547,636.90

New Business - None

The meeting was adjourned and the Executive Session immediately reconvened in the Committee Room at 9:35 p.m.

The meeting reconvened in the Committee Room at 10:25 p.m. and immediately adjourned.

Respectfully submitted,

Marilyn Schaefer

Borough Clerk

Approved March 26, 2007 (MS)