The Regular Meeting of the Mayor and Council of the Borough of Madison was held on the 9^th day of July 2007. Mayor Kerkeslager called the meeting to order at 6:00 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 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. Notice of change in time of this meeting was provided by publishing a copy of the change in time in the Madison Eagle and Daily Record on June 28, 2007, and posting and filing according to law. 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

Discussions #2(2)-Drew Dormitory Soil Moving Permit and #3-Joint Meeting/Sewer Legislation were removed from the Regular Agenda.

Mr. Elias 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.

CONTRACT MATTERS (6)

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

PERSONNEL MATTERS (2)

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.

Seconded: Ms. Baillie

Vote: 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 June 25, 2007, with amendments as follows:

Mrs. Vitale seconded the motion, which passed with the following roll call vote recorded:

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

Nays: None

Abstain: Mrs. Holden, Mr. Conley

Ms. Baillie moved approval of the Executive Minutes of June 25, 2007. Mrs. Vitale seconded the motion, which passed by voice vote with Mrs. Holden and Mr. Conley abstaining.

Mr. Bowen moved approval of the following amendment to the June 11, 2007 Regular Meeting Minutes:

Page 18:

……………..

Mrs. Holden, after a detailed statement giving her reasons, voted against adoption of the budget. Mrs. Holden’s reasons included having asked the Council to rethink the reserve for uncollected taxes, under-anticipation of revenue in the proposed budget and her wish to reduce the tax burden on residents by using surplus.

………………

Mrs. Holden seconded the motion, which passed by unanimous voice vote.

Mayor Kerkeslager made the following comments:

Effective Monday, July 16, 2007, the window hours for the Madison Main Post Office will be from 10 a.m. until 7 p.m., Monday through Friday; Saturday hours will be from 10 a.m. until 4 p.m.

Theresa DeVecchi has been selected as Employee of the Month for July. In making the selection, the Committee was impressed with her positive attitude as well as the excellent service she provided in handling the increased number of bid packages this year.

Mayor Kerkeslager gave details of the hierarchy of the Italian Police as a follow-up to the plaques given to Police Chief Chirico at the last Council Meeting.

Polizia Statale – The National Civil Police headquarters are in Rome with regional and provincial divisions. The National Police provide general police services such as patrolling of highways, railways and certain waterways, as well as assisting the local police. Every major Italian town or city has a main police station (Questura) run by the National Police.

Carabinieri – The Carabinieri Corps is a Police Corps with military status and with a general competence and responsibility for maintaining public order and a secure environment. As an armed force, the Corps reports directly to the Ministry of Defense with regard to military talks, such as military police duties for other armed forces and security of Italian diplomatic missions abroad and to the Ministry of Interior for activities related to inland public order and security. The Carabinieri Corps has in recent years been deployed in peacekeeping missions all over the world, including in Afghanistan, Bosnia and Herzegovina and Kosovo. The Carabinieri Corps is mandated to guarantee public order and protection of civilian and military assets; carry out anti-terrorist and anti-organized crime investigations; carry out military tasks in peacekeeping missions abroad; provide security for the Ministry of Foreign Affairs in Rome and abroad; insure speedy operational reaction across the country via its airborne units; conduct forensic investigations requested by judicial or Carabinieri authorities; protect public health by inspecting processing, sale and distribution of food and beverages; prevent and combat all crime against cultural heritage; prevent and combat the inland and cross-border issue and circulation of false currency; ensure that EU regulations in the agricultural and food sectors are respected.

Guardia di Finanza – the Financial Crime Investigation Unit, an Italian police force directly under the authority of the Minister of Economy and Finance, is an integral part of the Italian armed forces, as well as of the law enforcement agencies. It is also a military corps. Activities are of a financial, economic, judiciary and public safety nature—fighting tax evasion, financial crimes, smuggling, money laundering, international illegal drug trafficking, customs and borders checks, copyright violations, credit card fraud, cyber crime, money counterfeiting, terrorist financing, maintaining public order and safety, political and military defense of the Italian borders. The Financial Crime Investigation Unit also has some military police duties.

Polizia Penitenziaria – The Corps of Penitentiary Police comes under the authority of the Ministry of Justice, Department of Penitentiary Administration. Its members have civilian status, and the Penitentiary Police is one of the five law enforcement agencies of the Italian Republic.

Polizia Provinciale – Main duties are to enforce regional and national hunting and fishing laws as well as environmental protection.

Polizia Municipale (Vigili Urbani, Polizia Comunale, Polizia Urbana, Polizia Locale) – Responsible to the Mayor and limited to performing public order duties, traffic control, controlling commercial establishments to ensure they open and close according to their license.

Community Affairs

Mrs. Holden, Chair of the Committee, made the following comments:

The Mayor of Margiliano will be here in Madison on Sunday, July 15, 2007. When Mayor Kerkeslager went to Margiliano, there was a wonderful sign welcoming him there with other beautiful signage proclaiming Margiliano a Sister City with Madison; a request was made by the Forum Club to be able to put up a sign proclaiming Madison a Sister City of Margiliano, Italy, at the entrance to Madison where the historic Madison sign is located; the one at the entrance to Chatham is Sister City Chatham, New Jersey and Esterday, France; Mrs. Holden presented an example of the size of the sign and suggested that the lettering be made in equal size so it may be read very clearly; the sign would read "Welcome to Madison, New Jersey, Sister City of Margiliano, Italy". Mrs. Holden requested endorsement of a sign at the entrance to Madison proclaiming Madison as a Sister City of Margiliano, Italy. There was unanimous voice approval by Council.

The Farmers’ Market continues in full swing at the Madison High School parking lot on Thursdays from 2 p.m. to 7 p.m.

Mrs. Holden spoke of Madison being presented with an option to be a pilot project for Morris County by a segment of Morris Tomorrow called Trans Options; this is a "ride provide"; the mission is to provide reliable and reasonably priced transportation options for seniors and people with disabilities in Morris County to enable them to maintain full and active lives by providing life-sustaining and life-enriching activities they can have access to such as visiting with family, shopping, recreational activities, going to the hairdresser or barber shop, religious activities or exercise programs; the first rides will take place in late fall 2007, and they are now accepting volunteer driver applications; the initial service area they suggest for Madison would be with Florham Park, Chatham and Convent Station; it is hoped that other groups will take part in this and partner in the program and help find volunteer drivers.

Utilities

Ms. Baillie, Chair of the Committee, no report.

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

Public Works and Engineering

Mrs. Vitale, Chair of the Committee, no report.

Finance and Borough Clerk

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

Public Safety

Mr. Conley, Chair of the Committee, made the following comments:

Mr. Conley reminded the public that Tuesday, August 7, 2007, is National Night Out; more information will be available at the next meeting, or interested individuals may call the Police Department.

As an update on Traffic Calming, Mr. Conley commented on the last meeting of the Committee; at the meeting, a few things were recommended—to work on the intersections of Greenwood and Fairview, Fairview and Central, and Brittin and Central; also the Committee is working on cost estimates on traffic calming measures to be incorporated into the new paving of Chateau Thierry.

Mayor Kerkeslager took this opportunity to announce that at the Planning Board meeting of July 31^st, 7:30 p.m., 2^nd Floor Planning Board Room of the Hartley Dodge Memorial, there will be a discussion of a "Gateway Zone" at the east end of Main Street toward Chatham on Main Street; at that meeting, the Council will attend to listen to the Planning Board discussion.

COMMUNICATIONS AND PETITIONS - None

The Mayor opened the meeting to the public for their opportunity to ask questions and make comments. The Mayor 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.

Pietro Iossa of Florham Park commented about Margiliano/Madison Sister Cities. Mr. Iossa commended Mayor Kerkeslager and the Council for all they have done to make this possible; tonight, by approving the sign, the special relationship between Margiliano and Madison is secured. Mr. Iossa was born there.

Chief Financial Officer Robert Kalafut commented on his recommendation on the long-range plan, which included bonding for (1) and (2) above, and the use of funds from the Reserve for Water Filtration in (3) above, and use of the General Capital Improvement Fund for (4) above. After lengthy and detailed discussion and comments, Mr. Bowen moved approval of the above recommendations. Mr. Elias seconded the motion. Mrs. Holden voted against approving (1) and (2) above, preferring to spend down cash and bond when you need it. At the conclusion of comments, the motion passed with the following roll call vote recorded:

Yeas: Mrs. Holden, as to #(3) and #(4)

Ms. Baillie, Mr. Bowen, Mrs. Vitale, Mr. Elias, Mr. Conley

Nays: Mrs. Holden, as to #(1) and #(2)

07/09/07-2 DREW UNIVERSITY

Bohler Engineering representative Renu Shevade was present for Drew University and offered that they had no issues and were available to answer questions.

Authorize Borough Engineer to execute and submit consent forms to the NJDEP in order to obtain permits authorizing the Simplified Water Main Extension of water service to the proposed Drew Dormitory Building – A Resolution is listed on the Consent Agenda.

Soil Moving Permit application was removed from the Agenda.

Authorize the Borough Engineer to execute and submit consent forms to the NJDEP in order to obtain permits authorizing the extension of sanitary sewer service and treatment works approvals to the proposed Drew Dormitory Building – A resolution is listed on the Consent Agenda.

Mr. Elias moved approval of the above 1) and 3) authorizations. Mrs. Holden seconded the motion. Mr. Conley commented that the YMCA and Drew share the same law firm; he stated for the record that he does not have any involvement with the law firm discussions of this matter and he can be fair, and there is no conflict of interest in this matter. Ms. Shevade confirmed that the extension of the water main is being paid entirely by Drew. At the conclusion of discussions, 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

This will be brought back by Mr. Mezzacca.

07/09/07-4 PARKING AND REDEVELOPMENT STUDY

Mr. Bowen moved the above discussion. Ms. Baillie seconded the motion, which passed by unanimous consent. Mrs. Holden commented that the Parking and Redevelopment Committee of the Downtown Development Commission broke down and synthesized the report done by Phillips Preiss Shapiro with suggestions of where certain items might fall—to the Council, DDC or Planning Board; the Committee would like approval to move these to the appropriate committees from the DDC through the Council so there may be individual discussions of the different items.

Ms. Baillie noted that there were several recommendations which the Council may wish to consider. Ms. Baillie was asked to write up the recommendations and submit them for discussion at the next meeting.

07/09/07-5 BATTING CAGES

The temporary batting cages referred to and proposed for use in the Borough are in storage; the same type temporary batting cages are in use in Randolph. Comments included one batting cage proposed for Rosedale Field and one at Dodge Field; the Recreation Department needs to have input into the use of batting cages; notice to neighbors has to be given, and the time when the cages are put up and taken down must be solidified.

This will be brought back after notice to neighbors and the time when the cages will be put up and taken down is solidified.

07/09/07-6 ANNEXATION OF 8.75 ACRES OF THE BOROUGH OF MADISON PROPERTY KNOWN AS BLOCK 401, LOT 1 BY FLORHAM PARK – MADISON PLANNING BOARD RECOMMENDED TO THE GOVERNING BODY THE ANNEXATION BY RESOLUTION OF THE BOARD ON JUNE 12, 2007

Mayor Kerkeslager commented that certain things have to happen before the Borough takes this action. The resolution was removed from the Consent Agenda.

07/09/07-7 AWARD NEGOTIATED CONTRACT FOR EIGHT LAMPPOSTS

The lampposts are for the area in and around the new Fire & Police building. Mr. Bowen moved approval of awarding the contract for eight lampposts to Spring City Electrical of Spring City, PA. Ms. Baillie seconded the motion, which passed by unanimous voice vote.

A resolution is listed on the Consent Agenda.

The Mayor opened the meeting to the public for their opportunity to ask questions and make comments. The Mayor 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.

Eugene Zipper, Greenwood Avenue, in asking about the Florham Park annexation of 8.75 acres of property within the Borough of Madison, was advised that the property in question does not belong to Madison, but is owned by Rock-GW, the developer of the former Exxon property; 8.75 acres of the old Exxon site were actually in Madison and they have asked, as part of the overall realigning, to put their property fully in Florham Park. Mr. Zipper commented as to electric rates and why the cost to the Borough is not being passed on to the users; as to cablevision service, the Borough Council meeting was listed as that of Elmwood Park; as to the request for a light at Rosedale Avenue, Mr. Zipper suggested that the shrubs be cut—the hazard is overgrown shrubs at that location.

Donald Brunner, Redmond Drive, asked the Borough Council about acquiring Central Avenue school property from the Board of Education to be used for parking. Mayor Kerkeslager promised that this would be asked of the Board of Education, providing there is no Council objection.

The Clerk made the following statement:

Ordinance 44-2007 scheduled for hearing tonight was submitted in writing at a Regular meeting of the Council held on June 25, 2007, was introduced by title and passed on first reading, was published in the Madison Eagle on June 28, 2007, and made available to members of the general public requesting same.

Mayor Kerkeslager called up Ordinance 44-2007 for second reading and asked the Clerk to read said ordinance by title:

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 1-2007 setting the salary ranges for non-union full-time employees is hereby amended to add the salary range for the position of full-time Network Administrator:

Section 3. 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.

Mr. Elias moved that Ordinance 44-2007, which the Clerk read by title, be finally adopted. Mrs. Vitale 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 44-2007 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:

Ordinances being introduced at this meeting will have a public hearing on July 23, 2007, during the Regular Meeting of the Mayor and Council in the 2^nd Floor Council Chamber of the Hartley Dodge Memorial, Kings Road, in the Borough of Madison, at a meeting scheduled to begin at 7:45 p.m., or as soon as practical thereafter, at which time and place all interested parties will have an opportunity to be heard; said ordinances will be published in the Madison Eagle, be posted on the Bulletin Board at the main entrance to the Hartley Dodge Memorial and be made available to members of the public who request same.

Council Member Vitale read Ordinance 45-2007 by title and moved:

BE IT RESOLVED that the foregoing bond ordinance heretofore introduced by title, does now pass on first reading, and that said ordinance be further considered for final passage at a meeting to be held on the 23^rd day of July 2007 at 7:45 p.m., or as soon thereafter as the matter can be reached, at the regular meeting place of the Borough Council, and that at such time and place all persons interested be given an opportunity to be heard concerning said ordinance, and that the Borough Clerk is hereby authorized and directed to publish said ordinance according to law with a notice of its introduction and passage on first reading and of the time and place when and where said ordinance will be further considered for final passage.

Mr. Elias 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. Elias, Mr. Conley

Nays: Mrs. Holden

Council Member Vitale read Ordinance 46-2007 by title and moved:

BE IT RESOLVED that the foregoing bond ordinance heretofore introduced by title, does now pass on first reading, and that said ordinance be further considered for final passage at a meeting to be held on the 23^rd day of July 2007 at 7:45 p.m., or as soon thereafter as the matter can be reached, at the regular meeting place of the Borough Council, and that at such time and place all persons interested be given an opportunity to be heard concerning said ordinance, and that the Borough Clerk is hereby authorized and directed to publish said ordinance according to law with a notice of its introduction and passage on first reading and of the time and place when and where said ordinance will be further considered for final passage.

Mr. Elias seconded the motion. Mr. Mezzacca commented briefly as to the two bond ordinances; he will discuss their introduction further with the bond attorney and if he thinks it should go to the Planning Board before final adoption, he will notify the Clerk. There was no further discussion and the motion passed with the following roll call vote recorded:

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

Nays: Mrs. Holden

ORDINANCE 47-2007

ORDINANCE OF THE BOROUGH OF MADISON APPROPRIATING $590,000.00 FROM THE RESERVE FOR FILTRATION SYSTEM IN THE WATER UTILITY FOR WATER MAIN REPLACEMENT OF MUNICIPAL ROADS INCLUDING MYRTLE AVENUE, SOUTH STREET, DELLWOOD PARKWAY SOUTH, WOODCLIFF DRIVE AND DEAN STREET

WHEREAS, the Borough Engineer has recommended that the Borough appropriate $590,000.00 from the Reserve for Filtration System in the Water Utility for water main replacement of municipal roads including Myrtle Avenue, South Street, Dellwood Parkway South, Woodcliff Drive and Dean Street; and

WHEREAS, the Director of Finance has attested to the availability of the funds in the Reserve for Filtration System in the Water Utility in an amount not to exceed $590,000.00 for this purpose; and

WHEREAS, the Borough Council has determined that the Borough should appropriate $590,000.00 from the Reserve for Filtration System in the Water Utility for water main replacement of municipal roads including Myrtle Avenue, South Street, Dellwood Parkway South, Woodcliff Drive and Dean 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 $590,000.00 is hereby appropriated from the Reserve for Filtration System in the Water Utility for water main replacement of municipal roads including Myrtle Avenue, South Street, Dellwood Parkway South, Woodcliff Drive and Dean 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 approval of the above ordinance, which the Clerk read by title. 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 OF THE BOROUGH OF MADISON APPROPRIATING $108,094.10 FROM THE GENERAL CAPITAL IMPROVEMENT FUND FOR THE WOODLAND ROAD EMERGENCY SEWER REPLACEMENT PROJECT

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 $108,094.10 to replace the sanitary sewer on an emergency basis, pursuant to N.J.S.A 40A:11-6; and

WHEREAS, the Borough Engineer has requested that the Borough appropriate $108,094.10 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 $108,094.10 for this purpose; and

WHEREAS, the Borough Council has determined that the Borough should appropriate $108,094.10 from 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 $108,094.10 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 approval of the above ordinance, which the Clerk read by title. 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. Resolution R 174-2007 was not posted on the Bulletin Board as it came out of Executive Session; the Borough Attorney asked the Clerk to read R 174-2007 by title, which was done.

Mr. Elias moved adoption of the Resolutions listed on the Consent Agenda. Mrs. Vitale seconded the motion. Mrs. Holden thanked Kevin Blair whose membership in the Madison Hose Company No. 1 is being confirmed by resolution tonight. 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

WHEREAS, Chapter 18.27 of the Madison Borough Code requires that each person so voted shall be confirmed as a member of such division by the Council of the Borough of Madison.

NOW, THEREFORE, BE IT RESOLVED by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, that Kevin Blair is hereby confirmed as a member of the Madison Hose Company No.1, inc. effective immediately.

RESOLUTION OF THE BOROUGH OF MADISON AWARDING NEGOTIATED CONTRACT FOR PURCHASE OF EIGHT LAMP POSTS FOR THE FIRE AND POLICE BUILDING TO SPRING CITY ELECTRICAL IN AN AMOUNT NOT TO EXCEED $21,500

 

WHEREAS, the Borough Engineer recommended that the Borough purchase eight lamp posts for the Fire and Police Building; and

WHEREAS, the Borough on three occasions issued public bids in accordance with the Local Public Contracts Law, N.J.S.A. 40A:11-1, et seq., which were all unsuccessful, the first bid having no responses, and the second bid having only one response which was non-responsive and was rejected by the Borough pursuant to R 95-2007, and the third bid having no responses; and

WHEREAS, the Borough has negotiated the purchase of eight lamp posts for the Fire and Police Building with Spring City Electrical of Spring City, Pennsylvania for $21,500.00 pursuant to N.J.S.A. 40A:11-5.3(a); and

WHEREAS, the Borough Council has determined to award said contract to Spring City Electrical of Spring City, Pennsylvania; and

WHEREAS, the Director of Finance has attested that funds are available in an amount not to exceed $21,500.00 for this purpose, which funds were appropriated by Ordinance 42-2005.

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 contract for the purchase of eight lamp posts for the Fire and Police Building is hereby awarded to Spring City Electrical of Spring City, Pennsylvania in the amount of $21,500.00.

The Mayor and Borough Clerk are hereby authorized and directed on behalf of the Borough to enter into the contract with Spring City Electrical of Spring City, Pennsylvania in a form acceptable to the Borough Attorney.

RESOLUTION OF THE BOROUGH OF MADISON ACCEPTING DONATION OF THREE BENCHES WITH PLACEMENT TO BE DETERMINED IN CONSULTATION WITH SUPERINTENDENT OF PUBLIC WORKS, BOROUGH ENGINEER AND DOWNTOWN DEVELOPMENT COMMISSION

 

WHEREAS, Nick Lardieri, owner of Nicky’s Firehouse Family Restaurants has generously offered to donate two matching historic benches to the Borough to be placed on the sidewalk in front of his premises at 15 Central Avenue and maintained by the Borough; and

WHEREAS, Alan McDermott of Madison has generously offered to donate one matching historic bench to the Borough to be placed on the sidewalk in front of his premises at 33 Central Avenue and maintained by the Borough; and

WHEREAS, the Borough Council has concluded that it would be in the best interest of the Borough to accept the donated benches.

NOW, THEREFORE, BE IT RESOLVED, by the Council of the Borough of Madison in the County of Morris in the State of New Jersey that the Borough accepts the donation of the above described benches to be maintained by the Borough and to be placed subject to approval of the exact location by the Superintendent of the Department of Public Works, the Borough Engineer, and the Downtown Development Commission.

BE IT FURTHER RESOLVED that the Borough of Madison expresses its gratitude to Nick Lardieri and Alan McDermott.

WHEREAS, the Chief Financial Officer has recommended that Mary Lisa Baratto be reappointed to the position of Borough Tax Assessor; and

WHEREAS, Mary Lisa Baratto has served as the Borough Tax Assessor from July 29, 2003 through June 30, 2007; and

WHEREAS, pursuant to N.J.S.A. 40A:9-148, Mary Lisa Baratto will attain tenure on July 29, 2007.

NOW, THEREFORE, BE IT RESOLVED, by the Council of the Borough of Madison, in the County of Morris, State of New Jersey that Mary Lisa Baratto is hereby reappointed to the position of Tax Assessor for the four year term from July 1, 2007, through June 30, 2011.

WHEREAS, the Borough of Madison desires to award a contract for the milling and overlay of municipal roads including Dean Street, John Avenue, Dwyer Street, Howard Street, Myrtle Avenue, Burnet Road and Chateau Thierry to an authorized vendor under the Morris County Co-Operative Pricing Council program; 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:11-10, et seq.; and

WHEREAS, Schifano Construction Corporation, P.O. Box 288, One Smalley Avenue, Middlesex, New Jersey has been awarded Morris County Co-Operative Pricing Council contract number 6; and

WHEREAS, the Borough Engineer has recommended that the Borough Council utilize this contract for the milling and overlay of municipal roads including Dean Street, John Avenue, Dwyer Street, Howard Street, Myrtle Avenue, Burnet Road and Chateau Thierry in the amount of $430,000.00; and

WHEREAS, the Director of Finance has attested that funds will be available in an amount not to exceed $430,000.00 for this purpose, twenty (20) days after final adoption of Ordinance 45-2007.

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 contract for the milling and overlay of municipal roads including Dean Street, John Avenue, Dwyer Street, Howard Street, Myrtle Avenue, Burnet Road and Chateau Thierry by Schifano Construction Corporation, P.O. Box 288, One Smalley Avenue, Middlesex, New Jersey, at a total price not to exceed $430,000.00 is hereby approved under the Morris County Co-Operative Pricing Council contract number 6.

2. The Borough Administrator is hereby authorized and directed on behalf of the Borough to execute a purchase order and contract to Schifano Construction Corporation, P.O. Box 288, One Smalley Avenue, Middlesex, New Jersey, for milling and overlay of municipal roads including Dean Street, John Avenue, Dwyer Street, Howard Street, Myrtle Avenue, Burnet Road and Chateau Thierry at a total price not to exceed $430,000.00, in a form acceptable to the Borough Attorney.

R 170-2007

RESOLUTION OF THE BOROUGH OF MADISON APPROVING FINAL PAYMENT FOR WOODLAND ROAD EMERGENCY SEWER REPLACEMENT TO CHATHAM MAIN CO. IN AN AMOUNT NOT TO EXCEED $108,094.10

 

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 $108,094.10 to replace the water main on an emergency basis, pursuant to N.J.S.A 40A:11-6, and

WHEREAS, the Borough Engineer engaged the services of Chatham Main Co. to perform the emergency work; and

WHEREAS, the Borough Engineer has requested that the Borough authorize payment to Chatham Main Co. in the amount of $108,094.10 for such work which payment is authorized pursuant to N.J.S.A 40A:11-6(b); and

WHEREAS, the Borough Council has determined to authorize payment in the amount of $108,094.10 for the emergency services performed; and

WHEREAS, the Director of Finance has attested that funds will be available in the amount of $108,094.10 for this purpose upon final adoption of Ordinance 48-2007.

NOW, THEREFORE, BE IT RESOLVED by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, that upon final adoption of Ordinance 48-2007, payment in the amount of $108,094.10 is authorized to be made to Chatham Main Co. for the emergency services it performed as described herein.

RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING THE BOROUGH ENGINEER TO EXECUTE AND SUBMIT CONSENT FORMS TO THE NJDEP IN ORDER TO OBTAIN PERMITS AUTHORIZING THE SIMPLIFIED WATER MAIN EXTENSION OF WATER SERVICE TO THE PROPOSED DREW DORMITORY BUILDING

WHEREAS, Drew University has applied to the Madison Planning Board for development approvals to allow construction of a new dormitory of Block 3001, Lot 1 (hereinafter the "Property") at 36 Madison Avenue; and

WHEREAS, the New Jersey Department of Environmental Protection ("NJDEP") requires that the Borough submit consent forms before it issues a permit authorizing the extension of water main service to the Property; and

WHEREAS, the Borough Council desires to submit the appropriate consent forms to obtain a NJDEP permit authorizing the extension of water main service to the Property.

NOW, THEREFORE, BE IT RESOLVED, by the Council of the Borough of Madison, County of Morris, State of New Jersey, that the Borough authorizes the Borough Engineer to execute and submit consent forms to the NJDEP in order to obtain a permit authorizing the extension of water main service to the Property.

RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING THE BOROUGH ENGINEER TO EXECUTE AND SUBMIT CONSENT FORMS TO THE NJDEP IN ORDER TO OBTAIN PERMITS AUTHORIZING EXTENSION OF SANITARY SEWER SERVICE AND TREATMENT WORKS APPROVALS TO THE PROPOSED DREW DORMITORY BUILDING

WHEREAS, Drew University has applied to the Madison Planning Board for development approvals to allow construction of a new dormitory of Block 3001, Lot 1 (hereinafter the "Property") at 36 Madison Avenue; and

WHEREAS, the New Jersey Department of Environmental Protection ("NJDEP") requires that the Borough submit consent forms before it issues a permit authorizing the extension of sanitary sewer service and treatment works approvals to the Property; and

WHEREAS, the Borough Council desires to submit the appropriate consent forms to obtain a NJDEP permit authorizing the extension of sanitary sewer service and treatment works approvals to the Property.

NOW, THEREFORE, BE IT RESOLVED, by the Council of the Borough of Madison, County of Morris, State of New Jersey, that the Borough authorizes the Borough Engineer to execute and submit consent forms to the NJDEP in order to obtain a permit authorizing the extension of sanitary sewer service and treatment works approvals to the Property.

R 173-2007

RESOLUTION OF THE BOROUGH OF MADISON APPOINTING VINCENT PATTI TO THE POSITION OF APPRENTICE LINEMAN

WHEREAS, the Electric Utility Superintendent has recommended hiring Vincent Patti for the position of Apprentice Lineman in the Electric Utility Department; and

WHEREAS, the Borough Council agrees with this recommendation.

NOW, THEREFORE, BE IT RESOLVED, by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, that Vincent Patti is hereby appointed to the position of Apprentice Lineman in the Electric Utility Department, effective July 10, 2007, to be compensated in accordance with the current Collective Bargaining Agreement for Electric Utility Department Employees at an annual salary of $47,165.00.

WHEREAS, the Borough Administrator has advised that the Network Administrator has resigned; and

WHEREAS, the Borough Administrator has advised that said position should be filled immediately; and

WHEREAS, the Borough Administrator recommends the position become a full-time position; and

WHEREAS, the Borough Administrator recommends the appointment of James Sanderson to the full-time position of Network Administrator, effective immediately; and

WHEREAS, the Council concurs with this recommendation.

NOW, THEREFORE, BE IT RESOLVED by the Council of the Borough of Madison in the County of Morris and State of New Jersey, that James Sanderson is hereby appointed to the full-time position of Network Administrator effective immediately, but subject to a satisfactory background check within sixty (60) days; and

BE IT FURTHER RESOLVED, that James Sanderson be compensated at the annual salary of $65,000.00.

Unfinished Business - None

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 $18,210.62

Health & Public Assistance 3,079.03

Public Works & Engineering 128,945.21

Community Affairs 2,628.01

Finance & Borough Clerk 258,269.26

Utilities 50,404.25

Total $461,536.38

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

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

Mrs. Vitale, Mr. Elias, Mr. Conley

Nays: None

New Business - None

There being no further business to come before the Council, the meeting was adjourned at 9:35 p.m. and the Executive Session immediately reconvened in the Committee Room.

There being no further business to come before the Council, the Regular Meeting reconvened and immediately adjourned at 10 p.m.

Respectfully submitted,

Marilyn Schaefer

Borough Clerk

Approved July 23, 2007 (MS)