The Regular Meeting of the Mayor and Council of the Borough of Madison was held on the 27^th day of August 2007. Mayor Kerkeslager called the meeting to order at 6 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 the change in time from 7 p.m. to 6 p.m. was provided by publishing a copy of said Notice in the Daily Record on August 24, 2007, and transmitting a copy to the Madison Eagle, Independent Press and Star Ledger, all on August 22, 2007."

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

Mayor Ellwood R. Kerkeslager

Council Members:

Astri J. Baillie
Donald J. Bowen

Carmela Vitale
John M. Elias

Absent: Mary-Anna Holden, excused

Robert H. Conley, excused

Also Present:

Joseph Mezzacca, Jr., Borough Attorney

Marilyn Schaefer, Borough Clerk

Raymond M. Codey, Acting Administrator

One Personnel Matter was removed from the Executive 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.

PERSONNEL MATTERS (2)

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

CONTRACT MATTERS (11)

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

Seconded: Mr. Bowen

Vote: Approved by voice vote of members present

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 except Mrs. Holden and Mr. Conley, who were absent, excused. The Pledge of Allegiance was recited by all.

APPROVAL OF MINUTES
Ms. Baillie moved approval of the Regular Meeting Minutes of August 13, 2007 with the following amendments:

Page 5, Invitation for Discussion, the following note will be added after Mrs. Mantone’s public comments:

………replace it with a similar black fence. (Please note that the type of fence to be used was discussed during the work session under #8 later in the meeting).

Page 6, Fire & Police building report by Mr. Codey:

………terms of the work that has been going on while the negotiations take place is that a Borough working committee is proceeding to direct work that can’t wait and is outside the scope of Eastern Builders’ contract;……….

Mr. Bowen seconded the motion, which passed with the following roll call vote recorded:

Ms. Baillie moved approval of the Executive Minutes of August 13, 2007. Mr. Bowen seconded the motion, which passed by voice vote of members present, with Mr. Elias abstaining.

Mayor Kerkeslager invited Mr. Elias to read the resolution appointing Chad M. Rybka. Mr. Elias, Mr. Rybka and his family were invited forward.

Mr. Elias read in full and moved adoption of the resolution appointing Mr. Rybka:

WHEREAS, there is a vacancy in the Madison Police Department which needs to be filled; and

WHEREAS, the Borough Chief of Police has recommended that Chad M. Rybka be appointed to the position of probationary police officer; 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 Chad M. Rybka is hereby appointed to the position of Probationary Police Officer in the Madison Police Department, effective August 28, 2007, to be compensated in accordance with terms of the collective bargaining agreement between the Borough of Madison and the Policeman’s Benevolent Association Local 92.

Ms. Baillie seconded the motion to adopt the foregoing resolution, which passed by voice vote of members present. There was a round of applause, after which Mr. Mezzacca administered the Oath of Office of Chad M. Rybka; Mr. Elias then presented the shield to Mr. Rybka. Mayor Kerkeslager added his congratulations to the new Probationary Police Officer, whose appointment is effective tomorrow.

Community Affairs

Mrs. Holden, Chair of the Committee, absent.

Utilities

Ms. Baillie, Chair of the Committee, made the following comments:

Ms. Baillie was happy to report that the Borough of Madison resubmitted its application to the Morris County Open Space Trust Fund to request $6 million rather than $3 million of grant funding for purchase of the Madison Community Recreation Center (former Exxon property); the Borough was encouraged to do so by the County, so this was good news.

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

The Madison Senior Center and the Madison Health Department are teaming up to plan a series of events to mark national Active Aging Week, September 24 – October 1, 2007. The special programs are free and are being held not only at the center but in locations around town. One of the events will be Look Who’s Cooking where Mayor Kerkeslager will lead the effort on Monday, September 24, at 10:30 a.m. at the Senior Center as part of the Mayors Wellness Campaign. Pre-registration is required by calling 973-593-3095 or see details following the link on the home page of rosenet.org/gov.

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, absent.

COMMUNICATIONS AND PETITIONS - None

Mayor Kerkeslager 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 three (3) minutes or less.

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

Mrs. Vitale moved approval of the recommendation of the Finance Committee and Operating Committee of the Madison-Chatham Joint Meeting to make final payment to DJ’s Mechanical in the amount of $65,885.76. Mr. Bowen seconded the motion, which passed by voice vote of members present.

A resolution is listed on the Consent Agenda.

08/27/07-3 AWARD CONTRACT FOR PURCHASE OF A NEW, UNUSED DIESEL ARTICULATING TRACTOR WITH ATTACHMENTS

Mrs. Vitale moved approval of Superintendent of Public Works David Maines’ recommendation to award a contract for the purchase of a new, unused diesel articulating tractor with attachments to Wilfred MacDonald, Inc. of South Hackensack in the amount of $22,590. Funds are available in Ordinance 8-2007. The motion was seconded by Ms. Baillie and passed by voice vote of members present.

A resolution will be listed on the September 10, 2007 Consent Agenda.

08/27/07-4 VISUALIZATION SOFTWARE – DDC VOTED TO FUND

Mayor Kerkeslager commented in detail including that at the last meeting of the Madison Planning Board, visualization software was introduced and presented as a way for enriching efforts to plan, particularly for the downtown and related commercial areas, and that the technology could be integrated into Madison’s planning processes; there was discussion about including the technology in the requirements for certain applicants to the Board, whereby applicants would provide materials in digital format; the Downtown Development Commission (DDC) has offered to fund Phase 1 in the amount of $11,000.00.

There were many questions including that the DDC may have some expectations that the Council will build on the initial $11,000.00 investment; Council needs more information such as where we are getting the support staff, what the Borough needs to budget and plan for as to servers and computers to operate the system, along with anticipated maintenance charges.

It was suggested that Mayor Kerkeslager arrange a presentation before the Council with discussion of the details including actual future costs of acquisition, maintenance and operation, and adding more areas of Madison to the software.

08/27/07-2 MADISON PUBLIC LIBRARY CAPITAL BUDGET REQUEST FOR ADDITIONAL $120,300.00 FOR COMPLETION OF DRAINAGE SWALE DESIGN PHASE AND PARKING LOT DESIGN PHASE

Library Director Nancy Adamczyk and Library Trustees Mark Sheeleigh and Janet Molstad were present. Mr. Sheeleigh requested $120,300 in additional 2007 capital funds for completion of the Drainage Swale Design Phase and Parking Lot Design Phase projects.

After detailed discussion, Mr. Sheeleigh was asked to work with Chief Financial Officer Robert Kalafut to amend the purpose of Ordinance 26-2007 to increase funds for drainage ditch stabilization design work by $23,025; Mr. Sheeleigh and Ms. Adamczyk were directed to come back with a request for the balance of the funding in their 2008 budget request.

Mayor Kerkeslager 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 three (3) minutes or less.

Donald Brunner, Redmond Drive, thanked the Mayor and Council, the Rotary and the YMCA for their support of the Colombian Festival, which took place recently at the Madison YMCA. Mr. Brunner asked whether the Borough would consider purchasing 13 Madison Avenue, which is a property for sale next to James Park; Mayor Kerkeslager commented that this has not entered into any Council discussion. Mr. Brunner mentioned previous comments he made at past meetings, including a crosswalk at the east end of Madison and acquiring parking from the Board of Education.

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

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 August 13, 2007, were introduced by title and passed on first reading, were published in the Madison Eagle on August 16, 2007 and made available to members of the general public requesting same.

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

ORDINANCE 51-2007

BOND ORDINANCE TO AUTHORIZE THE 2007 ROAD RECONSTRUCTION PROGRAM IN, BY AND FOR THE BOROUGH OF MADISON, IN THE COUNTY OF MORRIS, NEW JERSEY, TO APPROPRIATE THE SUM OF $1,142,000 TO PAY THE COST THEREOF, TO MAKE A DOWN PAYMENT, TO APPROPRIATE STATE AND FEDERAL GRANTS, TO AUTHORIZE THE ISSUANCE OF BONDS TO FINANCE SUCH APPROPRIATION AND TO PROVIDE FOR THE ISSUANCE OF BOND ANTICIPATION NOTES IN ANTICIPATION OF THE ISSUANCE OF SUCH BONDS

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.

Mrs. Vitale moved that Ordinance 51-2007, which the Clerk read by title, be finally adopted. 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

Nays: None

Absent: Mrs. Holden, Mr. Conley

Mayor Kerkeslager declared Ordinance 51-2007 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 52-2007

WHEREAS, the Fire Chief has recommended that the Borough appropriate $58,000.00 from the Fire Department Trust Fund for the purchase of a multi-purpose utility vehicle for the Fire Department; and

WHEREAS, the Director of Finance has attested to the availability of the funds in the Fire Department Trust Fund in an amount not to exceed $58,000.00 for this purpose; and

WHEREAS, the Borough Council has determined that the Borough should appropriate $58,000.00 from the Fire Department Trust Fund for the purchase of a multi-purpose utility vehicle for the Fire Department; 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 $58,000.00 is hereby appropriated from the Fire Department Trust Fund for the purchase of a multi-purpose utility vehicle for the Fire Department.

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.

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 52-2007, which was read by title, be finally adopted. Mrs. Vitale seconded the motion. These funds are from the Fire Department Trust Fund, which funds are generated from fines paid to the Fire Department. There was no further discussion and the motion passed by voice vote of members present.

Mayor Kerkeslager declared Ordinance 52-2007 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 53-2007

WHEREAS, the Fire Chief has recommended that the Borough appropriate $3,700.00 from the Fire Department Trust Fund to replace the fill panel for the Fire Department cascade system; and

WHEREAS, the Director of Finance has attested to the availability of the funds in the Fire Department Trust Fund in an amount not to exceed $3,700.00 for this purpose; and

WHEREAS, the Borough Council has determined that the Borough should appropriate $3,700.00 from the Fire Department Trust Fund to replace the fill panel for the Fire Department cascade system; 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 $3,700.00 is hereby appropriated from the Fire Department Trust Fund to replace the fill panel for the Fire Department cascade system.

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.

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 53-2007, 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: Ms. Baillie, Mr. Bowen, Mrs. Vitale, Mr. Elias

Nays: None

Absent: Mrs. Holden, Mr. Conley

Mayor Kerkeslager declared Ordinance 53-2007 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 176-10 OF THE BOROUGH CODE ENTITLED "TOWING AND STORAGE FEES" TO REFLECT THE INCREASE IN THE NEW JERSEY STATE POLICE FEES

WHEREAS, the Borough Chief of Police has recommended that Chapter 176 of the Borough Code entitled "Towing and Storage" be amended to raise towing and storage fees to match the State Police rates; and

WHEREAS, the Borough Council agrees with this recommendation.

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 176 of the Borough Code entitled "Towing and Storage" shall be amended as follows:

SECTION 1: Section 176-10 entitled "Towing and Storage Fees" is hereby amended to read as follows:

§ 176-10. Towing and storage fees.

 

A. Fee schedule.

 

B. Salvage title.

 

If the Madison Police call out a duty wrecker for accident or impound, and the vehicle has no value (salvage), and the owner fails to respond for payment, then the Borough of Madison will obtain title to the vehicle for salvage. The towing company will absorb the storage charge until the vehicle title is conveyed to the towing company by the Borough of Madison to discard the vehicle.

 

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 54-2007, 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: Ms. Baillie, Mr. Bowen, Mrs. Vitale, Mr. Elias

Nays: None

Absent: Mrs. Holden, Mr. Conley

Mayor Kerkeslager declared Ordinance 54-2007 adopted and finally passed and asked the Clerk to publish notice thereof in the newspaper and file the ordinance in accordance with the law.

Note to file: Ordinance 55-2007 regarding fences and walls was removed from the August 13, 2007 Agenda and the # retired.

ORDINANCE OF THE BOROUGH OF MADISON AMENDING ORDINANCE 2-2007 TO ESTABLISH SALARY RANGE FOR POSITION OF OFFICE ASSISTANT I, PART-TIME

WHEREAS, the Borough Council has determined that a change is required in the salary ranges for non-union part-time employees to add the position of Office Assistant I, Part-Time.

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 2-2007 setting the salary ranges for non-union part-time employees is hereby amended to add the salary range for the position of part-time Office Assistant I:

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 56-2007, which was 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: Ms. Baillie, Mr. Bowen, Mrs. Vitale, Mr. Elias

Nays: None

Absent: Mrs. Holden, Mr. Conley

Mayor Kerkeslager declared Ordinance 56-2007 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 57-2007

WHEREAS, the Borough Administrator has recommended that the Borough appropriate $17,000.00 from the General Capital Improvement Fund to repair the Dodge Field fence, concrete wall and basketball backboard; 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 $17,000.00 for this purpose; and

WHEREAS, the Borough Council has determined that the Borough should appropriate $17,000.00 from the General Capital Improvement Fund to repair the Dodge Field fence, concrete wall and basketball backboard; 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 $17,000.00 is hereby appropriated from the General Capital Improvement Fund to repair the Dodge Field fence, concrete wall and basketball backboard.

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.

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.

Mrs. Vitale moved that Ordinance 57-2007, which was read by title, be finally adopted. 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

Nays: None

Absent: Mrs. Holden, Mr. Conley

Mayor Kerkeslager declared Ordinance 57-2007 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 58-2007

WHEREAS, the Borough Administrator has recommended that the Borough appropriate $2,800.00 from the General Capital Improvement Fund to install a chain link fence on Samson Avenue by the railroad bridge; 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 $2,800.00 for this purpose; and

WHEREAS, the Borough Council has determined that the Borough should appropriate $2,800.00 from the General Capital Improvement Fund to install a chain link fence on Samson Avenue by the railroad bridge; 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 $2,800.00 is hereby appropriated from the General Capital Improvement Fund to install a chain link fence on Samson Avenue by the railroad bridge.

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.

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.

Mrs. Vitale moved that Ordinance 58-2007, which was read by title, be finally adopted. 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

Nays: None

Absent: Mrs. Holden, Mr. Conley

Mayor Kerkeslager declared Ordinance 58-2007 adopted and finally passed and asked the Clerk to publish notice thereof in the newspaper and file the ordinance in accordance with the law.

Note to file: Ordinance 59-2007, Land Development Ordinance, will have a hearing on September 10, 2007.

The Clerk made the following statement:

Ordinances scheduled for introduction and first reading tonight will have a hearing during the meeting of September 10, 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. Said ordinances 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 said ordinances by title:

ORDINANCE OF THE BOROUGH OF MADISON AMENDING CHAPTER 34 OF THE BOROUGH CODE ENTITLED "POLICE DEPARTMENT" TO REORGANIZE THE COMPOSITION OF THE POLICE DEPARTMENT

 

WHEREAS, the Borough Chief of Police has recommended that Chapter 34 of the Borough Code entitled "Police Department" be amended to reorganize the composition and staffing of the Police Department; and

WHEREAS, the Borough Council agrees with this recommendation.

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 34 of the Borough Code entitled "Police Department" shall be amended as follows:

SECTION 1: Section 34-1 entitled "Department established; composition" is hereby amended to read as follows:

§ 34-1. Department established; composition.

 

The Police Department of the Borough of Madison is hereby established and shall consist of a Chief of Police, and shall have one Captain, and shall have not more than three Lieutenants, not more than six Sergeants, and not more than 25 Patrol Officers, provided the full number of police officers shall not exceed 36 including the Chief of Police, and not more than two Class II special police officers as the Borough Council may from time to time appoint as requested by the Chief of Police.

 

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

Ms. Baillie moved that Ordinance 60-2007, which the Clerk read by title, be adopted. Mr. Bowen 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

Nays: None

Absent: Mrs. Holden, Mr. Conley

ORDINANCE 61-2007

ORDINANCE OF THE BOROUGH OF MADISON AMENDING CHAPTER 14 OF THE BOROUGH CODE REGARDING MUNICIPAL OFFICIALS AND EMPLOYEES

WHEREAS, the Borough of Madison adopted § 14-1 and § 14-2 of the Code of the Borough of Madison which provides for reimbursement of legal fees, in limited circumstances, to employees of the Borough who incur these expenses arising out of their employment with the Borough; and

WHEREAS, it is in the best interests of the Borough to amend these sections in order to clarify the limitations and to provide that, in the event that the Borough indemnifies a municipal employee, the amount of such indemnification for attorneys fees shall be limited to a reasonable hourly rate not to exceed the hourly rate which the Borough compensates its Borough attorney.

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:

(1) The last sentence of § 14-1 shall be replaced with: "The Borough Attorney or other attorney selected by the Borough Council shall represent the borough official or employee, at a cost not to exceed the hourly rate which the Borough compensates its Borough Attorney."

(2) Section 14-2 of the Code of the Borough of Madison shall be amended and replaced in its entirety as follows:

The Borough shall not defray the costs of defending any criminal action against any municipal employee except as may be authorized by state statute or other municipal ordinance or resolution of the Borough of Madison, and, in those circumstances, the responsibility for defraying the costs of defending such employee shall be applicable only when such criminal proceedings shall have been dismissed or result in a final disposition in favor of the employee. Further, in the event that the Borough indemnifies the employee, the cost of that indemnification shall not exceed the hourly rate paid to the Borough attorney. Nonetheless, should the Borough Council determine that there is good cause to dismiss the employee arising out of the incident or related incidents of the criminal prosecution, the Borough will not reimburse the employee or official for legal defense and costs of defending the suit, even though criminal proceedings against the employee may be dismissed or the employee found not guilty.

(3) Section 14-4 of the Code of the Borough of Madison shall be amended and replaced in its entirety as follows:

14-4. Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

OFFICIAL OR EMPLOYEE -- Any person elected, appointed or employed, paid or unpaid, in any way connected with the municipal government of the Borough of Madison, except for persons appointed to committees having no powers other than to advise. Employee shall include all persons on the municipal payroll.

(4) Repealer. All Ordinances or parts thereof in conflict or inconsistent with this Ordinance are hereby repealed, but only however, to the extent of such conflict or inconsistency, it being the legislative intent that all Ordinances or part of ordinances now existing or in effect unless the same being conflict or inconsistent with any provision of this Ordinance shall remain in effect.

 

(5) Severability. The provisions of this Ordinance are declared to be severable and if any section, subsection, sentence, clause or phrase thereof for any reason be held to be invalid or unconstitutional, such decision shall not effect the validity of the remaining sections, subsections, sentences, clauses and phrases of this Ordinance, but shall remaining in effect; it being the legislative intent that this Ordinance shall stand not withstanding the invalidity of any part.

(6) This Ordinance shall take effect upon passage and publication as provided by law.

(7) The Borough Clerk and the Borough Attorney are authorized and directed to change any Chapter, Article and/or Section numbers of the Code of the Borough of Madison, in the event that the codification of this Ordinance reveals that there is a conflict between the numbers and the existing Code, and in order to avoid confusion and possible accidental repealers of existing provisions not intended to be repealed.

Mr. Bowen moved that Ordinance 61-2007, which the Clerk read by title, be adopted. Ms. Baillie 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

Nays: None

Absent: Mrs. Holden, Mr. Conley

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. Mr. Bowen voted against adoption of R 201-2007 as he felt this should remain a volunteer position. There was no Council discussion and the motion passed with the following roll call vote recorded:

Yeas: Ms. Baillie

Mr. Bowen, as to R 200-2007, and R 202-2007 through R 208-2007

Mrs. Vitale, Mr. Elias

Nays: Mr. Bowen, as to R 201-2007

Absent: Mrs. Holden, Mr. Conley

WHEREAS, artist Patricia Brentano has created a ten-piece sculptural statement entitled the "Missing Trees," and each piece is carved out in the silhouette of a tree; and

WHEREAS, Ms. Brentano has requested permission to install one of her ten sculptures, as a part of coordinated effort at locations around the Garden State, on the front lawn of the Museum of Early Trades and Crafts on Main Street from the last weekend in August until October 14, 2007; and

WHEREAS, the Borough Administrator has recommended that the Council grant such permission.

NOW, THEREFORE, BE IT RESOLVED by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, that Patricia Brentano is hereby granted permission to install one of the ten sculptures entitled "Missing Trees" on the premises of the Museum of Early Trades and Crafts from the last week in August until October 14, 2007, provided a proper certificate of insurance is issued in favor of the Borough of Madison and provided to the Borough Administrator prior to the installation.

WHEREAS, the Teen Center Director has recommended the appointment of Christopher Bias to the position of part time Assistant Director of the Madison Teen Center; and

WHEREAS, the Borough Administrator has certified that Christopher Bias was determined to be the most qualified for the position and all background checks have been completed and cleared; and

WHEREAS, the Borough Council agrees with this recommendation.

NOW, THEREFORE, BE IT RESOLVED by the Council of the Borough of Madison, County of Morris, State of New Jersey, that Christopher Bias is appointed to the position of part time Assistant Director of the Madison Teen Center.

BE IT FURTHER RESOLVED that Christopher Bias be compensated at the rate of pay of $12.50 per hour.

WHEREAS, Holt Morgan Russell Architects (HMR) have requested payment of professional fees for the additional architectural services due to corrective work and resubmittals caused by the builder’s failure to comply with the contract and project requirements of the Fire & Police Building; and

WHEREAS, HMR has discussed this matter with the Mayor and Council, and has agreed to accept a fee of $48,416.00 for the additional architectural services from February 16, 2007 through May 7, 2007; and

WHEREAS, the payments to HMR authorized by R-116-2007 will be modified by this resolution; and

WHEREAS, HMR has advised that subsequent to the contractor default on the Fire & Police Building, they have expended time and will continue to expend time for providing professional services for corrective actions, and has advised that it will bill the Borough at the following hourly rates commencing with the work performed on May 8, 2007:

WHEREAS, the Borough Administrator has recommended that the Borough authorize payment for the services rendered as set forth herein; and

WHEREAS, the Borough Engineer has indicated that such additional costs were necessary for proper completion of the Fire & Police Building.

WHEREAS, the Director of Finance has attested to the availability of funds in an amount not to exceed $48,416.00 for the fees described herein as authorized by Ordinance 42-2005.

NOW, THEREFORE, BE IT RESOLVED by the Council of the Borough of Madison, County of Morris, State of New Jersey, that the Council of the Borough of Madison hereby authorizes payment to Holt Morgan Russell Architects in the amount of $48,416.00 for services from February 16, 2007, through May 7, 2007, concerning the Madison Fire & Police Building based on the terms and conditions set forth in their letter of August 3, 2007, signed by Robert W. Russell, which letter and acceptance modifies any prior bills submitted to the Borough for the period of February 16, 2007 through May 7, 2007, by HMR and prior resolution R-116-2007 is modified accordingly.

BE IT FURTHER RESOLVED that the hourly compensation subsequent to May 7, 2007, for HMR is hereby authorized not to exceed the following rates:

WHEREAS, the Finance Committee and Operating Committee of the Madison-Chatham Joint Meeting have recommended that payment be made to DJ’s Mechanical in the amount of $65,885.76 pursuant to a settlement agreement negotiated by David Lloyd, Esq., on behalf of the Madison-Chatham Joint Meeting.

NOW THEREFORE, BE IT RESOLVED by the Council of the Borough of Madison, in the County of Morris and State of New Jersey that they accept and affirm the recommendation of the Finance Committee and Operating Committee of the Madison-Chatham Joint Meeting that payment be made to DJ’s Mechanical in the amount of $65,885.76 pursuant to and subject to such conditions set forth in a settlement agreement negotiated by David Lloyd, Esq., on behalf of the Madison-Chatham Joint Meeting, subject to the Borough Council of Chatham also granting such authorization.

WHEREAS, in compliance with the provisions of Chapter 173 of the Borough Code, application for a Livery License has been made by John Mastrobuono, t/a Madison Livery; and

WHEREAS, the above applicant has complied with all requirements of the State Law and above-mentioned Ordinance;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Borough of Madison, County of Morris, State of New Jersey, that Livery License No. 34 be issued to John Mastrobuono, t/a Madison Livery, effective upon Council approval and through December 31, 2007.

WHEREAS, the above applicant has complied with all requirements of the State Law and above-mentioned Ordinance;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Borough of Madison, County of Morris, State of New Jersey, that Livery Driver's Permit No. 6 be issued to John Mastrobuono effective upon Council approval and through December 31, 2007.

RESOLUTION OF THE BOROUGH OF MADISON APPROVING TRANSFERS OF 2007 TAXI AND LIVERY OWNERS’ LICENSES FOR E PLUS TRANSPORTATION INC., MADISON LIMOUSINE AND ROSE CITY LIMO, INC.

WHEREAS, any license issued for any taxicab or livery may be transferred in accordance with the provisions of Chapter 173 of the Borough of Madison Code after approval of the Council and upon the payment to the Borough of a transfer fee of $10.00 for each vehicle for which the license is to be transferred; and,

WHEREAS, prior to the approval or disapproval by the Council of the transfer of the license to permit the operation of such substituted vehicle, the owner may operate such substituted vehicle or cause the same to be operated, subject to the other provisions of Chapter 173; and

WHEREAS, E Plus Transportation, Inc. has made application to transfer Taxi Owner’s Licenses Nos. 3 and 4, Madison Limousine has made application to transfer Livery Owner’s License No. 12 and Rose City Limo, Inc. has made application to transfer Livery Owner’s License No. 31, and at the same time have provided proof of insurance and paid the appropriate transfer fees;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Borough of Madison, County of Morris, State of New Jersey, to approve the license transfer requests from E Plus Transportation, Inc., Madison Limousine and Rose City Limo, Inc.

RESOLUTION OF THE BOROUGH OF MADISON APPROVING RAFFLES LICENSE APPLICATION SUBMITTED BY SOUTHEAST MORRIS PROJECT COMMUNITY PRIDE INC.

 

BE IT RESOLVED by the Council of the Borough of Madison, County of Morris, State of New Jersey, that the following application for Raffles License, to be held as listed below, 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.

WHEREAS, the Thursday Morning Club has applied to the Madison Planning Board for site plan approval and other approvals as may be necessary for partial demolition and reconstruction of a portion of their building at 25 Cook Avenue, Madison, New Jersey, known as the "Madison Community House"; and

WHEREAS, the Borough Administrator has recommended that the Technical Coordinating Committee (TCC) review fees paid by the Thursday Morning Club in the amount of $9,775.00 be refunded to the Thursday Morning Club.

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 TCC review fees in the amount of $9,775.00 as described herein is hereby waived and said amount shall be refunded to the Thursday Morning Club in regard to the above described application.

WHEREAS, the Borough of Madison previously gave to the Madison Affordable Housing Corporation an Option to Purchase property at 22 Central Avenue in the Borough of Madison, Block 1601, Lot 9; and

WHEREAS, the Madison Affordable Housing Corporation has notified the Borough Council that it intends to proceed with the purchase of said property for a purchase price of one million dollars ($1,000,000.00); and

WHEREAS, the building has been vacant for some time and the Council previously determined that a sale as authorized by N.J.S.A. 40A:12A-39 to the Madison Affordable Housing Corporation for use for Affordable Housing is appropriate.

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: In accordance with the Option Agreement, the Mayor and Borough Clerk are authorized to execute a Contract of Sale with the Madison Affordable Housing Corporation for it to purchase the property at a price of one million dollars ($1,000,000.00) and for the Borough of Madison to convey said property to the Madison Affordable Housing Corporation for said price.

SECTION 2: The Contract to be executed shall be in a form acceptable to the Borough Attorney.

SECTION 3: This Ordinance shall take effect as provided by law.

Mrs. Vitale moved adoption of the aforementioned resolution, which the Clerk read by title. Mr. Elias seconded the motion. Mr. Bowen voted against adoption of this resolution as it is in regard to the sale of the old Board of Health building. Mr. Mezzacca commented that in accordance with the option agreement, this resolution is necessary to set the sale price. There was no further discussion and the motion passed with the following roll call vote recorded:

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

Nays: Mr. Bowen

Absent: Mrs. Holden, Mr. Conley

Unfinished Business - None

On motion by Mr. Bowen, seconded by Ms. Baillie 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. Mr. Elias commented that he is not approving P.O. 07-01847, as he questioned why this was a Finance & Borough Clerk expense rather than a Downtown Development Commission expense. The Clerk will look into this for Mr. Elias.

Public Safety $14,117.55

Health & Public Assistance 5,998.97

Public Works & Engineering 139,888.27

Community Affairs 909.48

Finance & Borough Clerk 1,676,800.10

Utilities 1,217,212.24

Total $3,054,926.61

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

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

Mr. Elias to all except P.O. 07-01847

Nays: Mr. Elias, as to P.O. 07-01847

Absent: Mrs. Holden, Mr. Conley

New Business - None

There being no further business to come before the Council, the meeting was adjourned at 9:30 p.m. and the Executive Session immediately reconvened in the Committee Room.

The Regular Meeting reconvened at 11:30 p.m. in the Committee Room and immediately adjourned.

Respectfully submitted,

Marilyn Schaefer

Borough Clerk

Approved September 10, 2007 (MS)