The Special Meeting of the Mayor and Council of the Borough of Madison was held on Tuesday, the 4^th day of September, 2007. Mayor Kerkeslager called the meeting to order at 5:00 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 Special Meeting Notice in the Daily Record on September 1, 2007, and filing a copy of the Notice with the Madison Eagle, Independent Press and Star-Ledger on August 30, 2007, 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 on August 30, 2007. Further notice was given that action may be taken during the public session of the meeting. 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
Donald J. Bowen
Carmela Vitale

John M. Elias

Robert H. Conley

Absent: Astri J. Baillie, excused

Also Present:

Raymond M. Codey, Acting Administrator

Joseph Mezzacca, Jr., Borough Attorney

Marilyn Schaefer, Borough Clerk

There were no changes to the Agenda.

Mayor Kerkeslager opened the meeting for public comment. Since no member of the public wished to be heard, the invitation for discussion was closed.

Mr. Elias moved:

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

CONTRACT MATTER (1)

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

Seconded: Mrs. Vitale

Vote: Approved with the following roll call vote recorded:

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

Nays: None

Absent: Ms. Baillie

The public session reconvened at 5:30 p.m. Mrs. Holden moved adoption of R 210-2007, which Mr. Elias read in full:

RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING ENTRY INTO AN AGREEMENT WITH LIBERTY MUTUAL INSURANCE COMPANY TO TAKE OVER AND COMPLETE THE FIRE AND POLICE BUILDING

 

WHEREAS, the general contract for the construction of the Fire and Police Building was terminated by the Borough upon notice to Eastern Builders, Inc. (hereinafter "Contractor"), on May 7, 2007; and

WHEREAS, the Contractor had posted a performance bond and a payment bond, both issued by Liberty Mutual Insurance Company (hereinafter "Liberty") for the benefit of the Borough of Madison; and

WHEREAS, Liberty was notified by the Borough on May 7, 2007, that the Contract had been terminated and the Borough sought Liberty to perform under both bonds that were posted; and

WHEREAS, Liberty took the opportunity to review the contract and construction documents, the Fire and Police Building, and have certain probative tests performed; and

WHEREAS, the Borough representatives and Liberty have been in negotiations regarding an agreement to take over and complete the Fire and Police Building; and

WHEREAS, an agreement with Liberty has been reached whereby Liberty will perform the remaining contractual obligations of the Contractor, perform corrective work and complete the Fire and Police Building.

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 Mayor and Borough Clerk are authorized to execute the agreement with Liberty Mutual Insurance Company to perform the remaining contractual obligations of Eastern Builders, Inc. and to complete the Fire and Police Building.

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

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

Nays:0 None

Absent: Ms. Baillie

The meeting adjourned at 5:35 p.m.

Respectfully submitted,

Marilyn Schaefer, Borough Clerk

Adopted and approved September 10, 2007 (MS)