The Regular Meeting of the Mayor and Council of the Borough of Madison was held on the 22^nd day of October 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 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. Notice of change in time of this meeting to 6 p.m. was provided by posting and filing a copy of this notice with the Daily Record, Independent Press and Star-Ledger on September 26, 2007, and publishing said notice in the Madison Eagle on September 27, 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, arrived for Part 3 of the Regular Meeting

Astri J. Baillie
Donald J. Bowen
Carmela Vitale

John M. Elias

Robert H. Conley

Also Present:

Joseph Mezzacca, Jr., Borough Attorney

Marilyn Schaefer, Borough Clerk

Raymond M. Codey, Borough Administrator

One Contract Matter was added to the Executive Session along with two Personnel Matters and one Potential Litigation Matter.

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.

POTENTIAL LITIGATION MATTER (1)

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

Seconded: Mrs. Vitale

Vote: Unanimous 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 who was absent on Borough business. The Pledge of Allegiance was recited by all.

APPROVAL OF MINUTES
Ms. Baillie moved approval of the Regular Meeting Minutes of October 10, 2007, with the following amendment to page 10, discussion #9, which will read as follows:

Mr. Elias seconded the motion, which passed by voice vote of members present.

Ms. Baillie moved approval of the Executive Minutes of October 10, 2007. Mrs. Vitale seconded the motion, which passed by voice vote of members present.

Mayor Kerkeslager made the following comments:

"This evening we have the first in what I hope will be an annual Proclamation honoring family caregivers; an initiative of a resident of New Jersey started a nation-wide effort to recognize the family caregivers who throughout the year spend much of their time and energy and a lot of emotional energy taking care of other family members; so this is National Caregivers Month for 2007, and I do hereby declare November 2007 as National Family Caregivers Month in the Borough of Madison; I call upon government officials, businesses, communities, educators, religious leaders, volunteers and the entire Borough of Madison community to acknowledge the invaluable efforts of our family caregivers this month and throughout the year."

Community Affairs

Mrs. Holden, Chair of the Committee, absent.

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, made the following comments:

The first is to award to Robert Kalafut a plaque which the Borough previously received from the Morris County Municipal Joint Insurance Fund from its 20^th anniversary on September 6, 2007, acknowledging the Borough’s participation in the Joint Insurance Fund (JIF) and on the plaque is a check which I wish were for real in the amount of $3.6 million representing the estimated savings which Madison has realized over that 20-year period from its participation in the JIF; when the JIF sent the Borough the plaque they also asked that the Borough note Robert Kalafut’s contribution to its operations over the years; he has been an integral force and the Borough overall benefits from his efforts; so Mr. Kalafut was invited forward to accept the plaque. While we have Robert on his feet, we have Robert to introduce tonight a determination and award of a $20 million bond anticipation note, which he has to read into the record, per Bond Counsel.

Mr. Kalafut commented that the Borough’s Bond Counsel has determined that the Borough must start reading these into the record—the determination and award certificates for Bond Anticipation Notes as well as the Bond that we sell. This is a determination award certificate for $20 million of Bond Anticipation Notes (BAN’s) for the Borough of Madison, County of Morris and State of New Jersey.

"I, Robert Kalafut, the Chief Financial Officer of the Borough of Madison, County of Morris, State of New Jersey, (herein called the ‘Issuer’, hereby certify as follows:

"By virtue of the authority conferred upon me by four bond Ordinances adopted by the Borough Council of the Issuer on July 25, 2005, which is Ordinance 42-2005, July 23, 2007, two ordinances which are Ordinance 45-2007 and Ordinance 46-2007 and also on August 27, 2007, Ordinance 51-2007, I have determined to issue a Bond Anticipation Note, herein called the ‘Note’, of the Issuer in accordance with the following description:

"The total principal amount is $20 million; it is dated October 19, 2007; it will mature on October 17, 2008 and it is a non-callable note; the number is 07-1R, the denomination is $20 million; the registered owner is CEDE & Company; the interest rate per annum is 4.00%, payable at maturity; the place of payment will be the Chief Financial Officer at the Hartley Dodge Memorial, 50 Kings Road, in Madison, New Jersey.

"Pursuant to said authority, I have awarded and will sell the Note to Commerce Capital Markets, Inc. at the price of $20,098,800 plus an amount equal to the interest on the note accrued to the date of payment of the purchase price thereof. I will be the note Registrar/Paying Agent for this Note.

"No obligations of the Issuer other than the Note have been issued pursuant the ordinances referenced above and are now outstanding.

"In witness whereof I have hereunto set my hand this 19^th Day of October 27, 2007."

__________________________

ROBERT F. KALAFUT

Chief Financial Officer

Borough of Madison

County of Morris

New Jersey

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

For Community Affairs, the Chamber of Commerce will hold a fire extinguisher check and tag program for all Madison businesses and residents this Thursday, October 25, 2007, from 1 pm to 5 pm at the parking lot at the former Health Department building at the corner of Cook and Central. Bring your extinguishers; the Firefighters Equipment Company will charge $5.00 to tag each extinguisher. They can also recharge or replace them, if needed, for a fee. There is no need to schedule an appointment for this service. Any extinguisher more than six years old should not be brought—it should be replaced.

The Madison Recreation Department and Chamber of Commerce will be co-sponsoring the Annual Halloween Parade on Saturday, October 27, 2007; the parade will step off at 1:30 pm from the Green Village Road School field. The parade is open to all Madison youngsters; parents are welcome to dress up and accompany them; all participants are encouraged to arrive early; the route will go down Green Village Road, take a right on Main Street, a right on Waverly Place under the railroad trestle and proceed to the Hartley Dodge Memorial for a magic show. The Chamber will be providing gift certificates as prizes. In the event of rain, the magic show will be at the Junior School at 2 pm.

Public Safety and Fire Department—the Fire Department has been busy the past few weeks spreading the message of fire safety to school children and seniors alike as a result of the many requests the Fire Department receives to visit and provide safety talks. In recent years, the time frame has changed from Fire Prevention Week to Fire Prevention Month. By the end of this month, the Fire Department will have reached out to over 1,100 children, adults and seniors. It is that time of year again, though this year we have an extra week to remember to change our clocks but also to change batteries in smoke detectors. We go back to standard time on Sunday, November 4, 2007. As a reminder, the Fire Department provides smoke detectors and carbon monoxide detectors as a free service to senior citizens. Seniors need just to call the Fire Department at 973-593-3022. Once the units are installed, the firefighters will replace the batteries on a yearly basis for seniors as well.

From the Police Department, a special program - the Madison Police Department is ready to launch the Ride-Wise Program for the 2^nd year. The program rewards bicycle riders who are seen by police officers wearing their bike helmets. Police officers will be rewarding riders with coupons redeemable for different food items donated by the following locations: McCool’s Ice Cream, Romanelli’s, Duffy’s and the Madison Pharmacy. The coupons were provided through a donation from the operators of the Morristown Municipal Airport; Mr. Conley gave thanks to all those who support their program. Be sure to ride wise; the State law requires helmets for 18 and under, but often parents don’t wear the helmet, so please set a good example by wearing a helmet.

On Tuesday, October 30, 2007, the Madison Police Department will be hosting its 4^th Annual Keep Out Of Criminal Mischief Night Out. This event will be held at Clearview Madison Cinema, 14 Lincoln Place in Madison; "Meet the Robinsons" will be shown at 6:30 pm; this event is held to provide children with alternatives to walking the streets and causing mischief on "Mischief Night". The Madison Police Department, along with Coviello Brothers, Madison Junior School, Madison Alliance Against Substance Abuse, Dewey’s Comic City, Torey J. Sabatini, Kings Road and Central Avenue PTO’s, Project Community Pride, Fast Fives of East Hanover, *Waverly Television, the YMCA Teen Center and the Madison PBA Local 92 are sponsoring this worthwhile event. Every student in grades 3^rd through 6^th will be receiving a permission slip to be signed in order to participate in the event. The 7^th and 8^th graders will also receive permission slips and be invited to attend the event at the Madison Area YMCA with a special "Fun for Teen Night" from the hours 7 pm to 9:15 pm that evening. The night will include a video and games which teens are familiar with on Teen Night.

Project Community Pride Cut-A-Thon at Salvatore Minardi’s Salon raised over $1,500.00 for Project Community Pride, and they were thanked for their hard work.

Mr. Conley commented on a letter addressed to the Mayor commending both the Police and the Ambulance Squad for their excellent response to a motor vehicle crash in which a resident was involved as a passenger on October 3, 2007. Everyone involved was thanked for a great job.

Mr. Conley commented that tonight starting at 9 pm the milling and overlay will begin at the intersection of Kings Road and Madison Avenue.

Mayor Kerkeslager added some comments. Mr. Codey brought in a piece of paper a few minutes ago, and the Mayor thanked him and recognized him for pulling together an effort that has been underway for some time, which is to get shared parking in our downtown. Mr. Codey has already negotiated agreements with the Central Avenue School, Provident Bank and 14 Main Street (the old YMCA). Each of those locations has their own private parking lot, and Madison has been in the process of getting agreements to share their parking lots in the evenings and on weekends, times when the Borough needs parking in the downtown for shoppers as well as for employees, merchants and tenants. Mr. Codey was thanked for pulling these together. When the Borough completes this project, hopefully the Borough will have 170 additional parking spaces in those time frames—evenings Monday through Friday and on weekends; for reference, the Mayor mentioned that the Cook Plaza parking lot has 137 spaces.

Several Council Members, the DDC and Mayor Kerkeslager have been talking about the potential for Wi-Fi in Madison’s downtown as a benefit to all residents, but also to attract college students to the downtown; that is just in the beginning stages; the Council has generally encouraged that as a way to improve our downtown. Same thing for a "jitney"—the Borough is in the early stages of talking about a "jitney" with the universities; this time with some of the initiative coming from the universities to help get the students downtown and also take cars out of our downtown.

Tomorrow the Jets are having a cornerstone laying ceremony; the project at the old Exxon property is moving ahead; the Jets have much of the roadway in place and they are beginning their actual construction tomorrow.

As to Cougar Field, Madison officials have been involved in making sure Madison’s story is told that we have concerns about any lights being put on that field.

The Borough Clerk announced receipt of the following communications:

Communication 10/22/2007 from Trice Lawall and Ernie Hofmann of Barnsdale Road against proposed lights at Cougar Field in Chatham.

From Tonae Bettelli-Veltri of Denville, NJ, regarding the announcer of the game on Sunday October 21, 2007, when Madison Dodgers hosted the Denville Blue Angels Super Pee Wee’s, asking for an apology from the announcer. This letter was sent also to the Editors of the Daily Record, Star-Ledger and Madison Eagle.

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

Tom Driscoll, Union Hill Road, commented at length on Cougar Field and the push to put lights on that field in Chatham Township where it abuts Madison; the big turnout at the Board of Education meeting where attendees were mostly against the lighting of Cougar Field; he further commented that there is no way to meet the noise ordinance there during football games. There was discussion of the Health Officer working with the Board of Education to take some preliminary measures for compliance.

Messrs. Codey and Mezzacca were recognized by the Chair and have background on the last initiative to install lights on Cougar Field; Madison’s position is the same as it was in 1995, which is to oppose lights on Cougar Field. Both the Chatham Township Planning Board and the Madison Planning Board concurred in 1995. Mayor Kerkeslager spoke about sound late at night and said Madison is going to fight the lights and to make sure Chatham enforces their noise ordinances as to sound levels. There was discussion of the Health Department of both towns policing the sound, and this will be accomplished.

Mayor Kerkeslager commented that Madison has already begun talks with other towns about sharing fields—we are talking way into the future; it is a part of Madison’s planning for the future development of the 53 acres of the Madison Community Center.

10/22/07-1 SITE PLAN APPROVAL FOR 22-24 CENTRAL AVENUE

Messrs Codey, Mezzacca and Kerkeslager commented including that the Resolution prepared for consideration on the Consent Agenda incorporates the recommendations of the Planning Board. Mayor Kerkeslager commented that in the deed, the Housing Authority has agreed to an 18’ wide easement on the property, the north side, and the easement would allow Madison permit parking. As soon as practical, the building will be demolished and a parking lot will be created on the entire property before the holiday shopping season before any construction will begin; wi-fi capabilities will be included at the site for the Borough.

Mrs. Vitale moved approval of the site plan for 22-24 Central Avenue. Ms. Baillie seconded the motion, which passed with the following roll call vote recorded:

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

Nays: Mr. Bowen

Absent: Mrs. Holden

A resolution is listed on the Consent Agenda.

10/22/07-2A Increase in tax-exempt sewer charge by 9% effective January 1, 2008

Mr. Conley recused himself from this discussion and left the meeting room. after comments from Chief Financial Officer Robert Kalafut, who recommended the sewer charge increase, Mrs. Vitale moved approval of the recommendation. Mr. Bowen seconded the motion, which passed with the following roll call vote recorded:

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

Nays: None

Abstain: Mr. Conley

Absent: Mrs. Holden

An ordinance will be listed for introduction on the January 14, 2008 Regular Agenda.

10/22/07-2B 2007 BUDGET TRANSFERS

After comments from Chief Financial Officer Robert Kalafut, Mr. Elias moved approval of the recommended 2007 budget transfers. Mrs. Vitale seconded the motion, which passed with the following roll call vote recorded:

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

Nays: None

Absent: Mrs. Holden

A resolution is listed on the Consent Agenda.

10/22/07-2C RESOLUTION AUTHORIZING RENEWAL OF MEMBERSHIP IN THE MORRIS COUNTY JOINT INSURANCE FUND AND AUTHORIZING EXECUTION OF AGREEMENT

After comments from Chief Financial Officer Robert Kalafut as to the need for the Borough to renew membership every three years, Mr. Bowen moved approval of Mr. Kalafut’s recommendation. Ms. Baillie seconded the motion, which passed with the following roll call vote recorded:

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

Nays: None

Absent: Mrs. Holden

A resolution is listed on the Consent Agenda.

10/22/07-2D CANCELLATION OF OLD OUTSTANDING CHECKS, BANK ERRORS AND RETURNED ITEMS

After comments from Chief Financial Officer Robert Kalafut that this is an annual action, Mr. Bowen moved approval of Mr. Kalafut’s recommendation to cancel old outstanding checks, bank errors and returned items. Ms. Baillie seconded the motion, which passed by voice vote of members present.

A resolution is listed on the Consent Agenda.

10/22/07-2E CANCELLATION OF COMPLETED CAPITAL IMPROVEMENT ORDINANCES

After comments and a recommendation from Chief Financial Officer Robert Kalafut to cancel the completed capital improvement ordinances, which is a requirement of the Auditor, Mrs. Vitale moved approval of Mr. Kalafut’s recommendation. Mr. Elias seconded the motion, which passed by voice vote of members present.

A resolution is listed on the Consent Agenda.

10/22/07-3A RESOLUTION AUTHORIZING GRANT AGREEMENT WITH MORRIS COUNTY BOARD OF CHOSEN FREEHOLDERS FOR STREET IMPROVEMENT AND RECONSTRUCTION OF CHAPEL STREET

After comments from Borough Engineer Robert Vogel along with his recommendation, Mrs. Vitale moved approval to authorize a grant agreement with the Morris County Board of Chosen Freeholders for Street Improvements and Reconstruction of Chapel Street in the amount of $80,000.00. Mr. Conley seconded the motion, which passed by voice vote of members present.

A resolution is listed on the Consent Agenda.

10/22/07-3B ACCEPTANCE OF DRAINAGE EASEMENT ACROSS BLOCK 4305 LOT 12 – WAYNE PARISI APPLICANT

Borough Engineer Robert Vogel commented that the builder did a three-lot subdivision; maps were produced and filed with the County; the Borough may now accept drainage easements shown across Block 4305, Lot 12 (20 Gibbons Place) in the Borough of Madison owned by Parisi Builders, Inc. Ms. Baillie moved approval of the Borough Engineer’s recommendation to accept the drainage easements. Mr. Conley seconded the motion, which passed by voice vote of members present.

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

10/22/07-3C ORDINANCE AUTHORIZING ADDITIONAL SCOPE OF WORK FOR MILL & OVERLAY PROJECTS ON ORDINANCE 36-2006 TO INCLUDE COLONIAL, OLDE GREENHOUSE AND PART OF DANFORTH ROAD (BETWEEN MORRIS AND MADISON) TO BE AWARDED UNDER COUNTY COOP TO SCHIFANO CONSTRUCTION

Borough Engineer Robert Vogel commented that funds are available in Ordinance 36-2006 to include the additional scope of work and recommended that Ordinance 36-2006 be amended as to purpose to include the additional roads. Mrs. Vitale moved approval of Mr. Vogel’s recommendation. Mr. Conley seconded the motion, which passed by voice vote of members present.

Since this is under County Co-op to Scifano Construction, no additional resolution is needed. An ordinance amending Ordinance 36-2006 is listed for introduction later in the meeting.

10/22/07-3D RESOLUTION AUTHORIZING AGREEMENT WITH MADISON GOLF CLUB AND STERLING PROPERTIES FOR TEMPORARY CONSTRUCTION ACCESS AND PERMANENT DRAINAGE EASEMENTS ASSOCIATED WITH DREW PLACE DRAINAGE OUTFALL

Mrs. Vitale moved approval of Borough Engineer Robert Vogel’s recommendation to authorize the Borough Attorney to draw up an agreement with the Madison Golf Club and Sterling Properties for temporary construction access and permanent drainage easements associated with Drew Place drainage outfall. The motion was seconded by Ms. Baillie and carried by voice vote of members present.

The Borough Council authorized a drainage agreement with the Township of Chatham by R 212-2007 and is waiting for signature on the Interlocal Agreement. The Borough Attorney was directed to draw up an agreement as authorized by Council.

10/22/07-4 continue indefinitely the refund policy for resident commuter parking permits in the borough of madison

Mr. Conley moved approval of Police Chief Chirico’s recommendation to continue indefinitely the refund policy for resident commuter parking permits in the Borough of Madison. Mr. Bowen seconded the motion, which passed by voice vote of members present.

A resolution is listed on the Consent Agenda.

10/22/07-5 AWARD CONTRACT FOR ASBESTOS ABATEMENT AT MADISON ELECTRIC UTILITY BUILDING TO NETRIX INC. IN THE AMOUNT OF $33,000.00

Electric Utility Superintendent Michael Piano recommended awarding a contract for asbestos abatement at the Madison Electric Utility building to Netrix Inc. in the amount of $33,000.00. Mr. Bowen moved approval of Mr. Piano’s recommendation. Ms. Baillie seconded the motion, which passed by voice vote of members present.

A resolution is listed on the Consent Agenda.

10/22/07-6 2007-2008 transportation demand management (tdm) municipal initiatives grant program

Mr. Codey requested permission to apply for a grant to pursue funding to establish "jitney" service to connect Drew, Fairleigh Dickinson, St. Elizabeth’s, Hamilton Park, etc., with the Madison commercial district; funding is on a reimbursement basis; Mr. Codey would pursue cost allocation with other participants.

Mr. Bowen moved approval of Mr. Codey’s request to authorize a grant application. Ms. Baillie seconded the motion, which passed by voice vote of members present.

10/22/07-7 USE OF REMAINING CAPITAL FUNDS FROM ORDINANCE 11-2004 FOR IMPROVEMENTS AT THE CIVIC CENTER

Mr. Conley moved approval of use of the remaining capital funds from Ordinance 11-2004 for improvements at the Civic Center. Mr. Bowen seconded the motion. These funds could be used for paint and carpeting to prepare for a potential tenant on the upper floor of the front area of the Civic Center. The motion passed by voice vote of members present. Chief Financial Officer Robert Kalafut previously advised that this use is consistent with the purpose of Ordinance 11-2004.

Since the funds have already been appropriated, expenditures will appear on the Voucher Register for Council approval.

10/22/07-8 CIVIC CENTER SOUND-PROOFING EXPENDITURE

10/22/07-9 on-line auction of borough of madison surplus property and property found/recovered by the Madison police department

Mr. Conley moved approval of an on-line auction of Borough of Madison surplus property and property found/recovered by the Madison Police Department, and a three-year non-exclusive agreement with PropertyRoom.com to perform these services for the Borough of Madison, as recommended by Purchasing Officer Elizabeth Crescibene. Ms. Baillie seconded the motion, which passed by voice vote of members present.

A resolution authorizing the on-line auction of Borough of Madison surplus property and a resolution authorizing a three-year contract for the services will be listed on the November 26, 2007 Consent Agenda.

10/22/07-10 FENCE BETWEEN LIVESEY PROPERTY AND THE PARK

Mr. Bowen moved approval of the expenditure of funds from the Open Space Trust Fund for a fence between the Livesey property and Livesey Park (a flat rail fence made of wood extending the length of the side yard between the residents and the park) and a chain link fence between the park and the railroad tracks. Ms. Baillie seconded the motion, which passed by voice vote of members present.

A resolution will be listed on a future Agenda.

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.

Rich Meyer, Olde Greenhouse Lane, volunteered the past two years to do field setup for soccer, so he has been on the fields 40 out of the last 104 weeks, and commented as to making a commitment to keep the fields in good shape while making a decision as to turfing; the most dangerous spot on the Madison fields is the sprinkler holes on Rosedale Field; what we do have is getting worse; he asked for a commitment to keeping what we have in better shape.

Jim McCloskey, Dean Street, was appalled that the Soccer Club comes into the Council Chamber not asking but demanding that they get what they want.

Vincent Esposito, Buckingham Drive, is in full support of turf fields; spoke about what poor shape the fields are in; the safety issue should be brought into the discussion of turf fields; there are fewer injuries on turffed fields.

Eugene Zipper, Greenwood Avenue, commented that the $1 million you are speaking of for turfing fields has already been committed—when the Civic Center was acquired, the administration at that time intimated that when the Board of Health building was sold that money would go toward the Civic Center, so the funds are already earmarked.

Mayor Kerkeslager declared a five-minute recess, after which the meeting resumed with all members present. Mayor Kerkeslager made an announcement that the marvelous Madison Women’s Field Hockey Team won the Morris County championship one more time.

Mayor Kerkeslager asked that the record reflect that Mrs. Holden arrived at the meeting.

The Clerk made the following statement:

Ordinances scheduled for hearing tonight were submitted in writing, were introduced by title and passed on first reading at a Regular meeting of the Mayor and Council held on October 10, 2007, were published in the Madison Eagle, posted on the Bulletin Board at the main entrance to the Hartley Dodge Memorial and made available to members of the general public requesting same.

In order to allow at least 10 days between advertisement and hearing date, hearings on each of the below ordinances will be carried to the Regular Meeting of the Council of November 26, 2007, scheduled to begin at 7:45 p.m., at which time and place all interested individuals will have an opportunity to be heard and consideration will be given to final adoption. Notice of the hearing date will be published, posted and made available to members of the public.

Nevertheless, Mayor Kerkeslager invited comments and opened the hearing on each of the below ordinances and asked if anyone wished to be heard. Since no member of the public wished to be heard on the ordinances, the public hearing was closed.

ORDINANCE 72-2007

ORDINANCE OF THE BOROUGH OF MADISON AMENDING ORDINANCE 15-2007 TO INCREASE APPROPRIATION FROM $15,000.00 TO $25,000.00 FOR ASBESTOS ABATEMENT FROM THE WATER & LIGHT PLANT

WHEREAS, Ordinance 15-2007 of the Borough of Madison appropriated $15,000.00 from the Water Capital Improvement Fund for asbestos abatement from the water & light plant; and

WHEREAS, the Superintendent of Public Works has recommended that the Borough amend Ordinance 15-2007 to appropriate an additional $10,000.00 from the Water Capital Improvement Fund thereby increasing Ordinance 15-2007 to $25,000.00 for asbestos abatement from the water & light plant; and

WHEREAS, the Director of Finance has attested to the availability of the funds in the Water Capital Improvement Fund in an amount not to exceed $10,000.00 for this purpose; and

WHEREAS, the Borough Council has determined that the Borough should amend Ordinance 15-2007 to appropriate an additional $10,000.00 from the Water Capital Improvement Fund thereby increasing Ordinance 15-2007 to $25,000.00 for asbestos abatement from the water & light plant.

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: Ordinance 15-2007 is amended to appropriate an additional $10,000.00 from the Water Capital Improvement Fund thereby increasing Ordinance 15-2007 to $25,000.00 for asbestos abatement from the water & light plant.

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.

ORDINANCE 73-2007

ORDINANCE OF THE BOROUGH OF MADISON AMENDING ORDINANCE 20-2007 TO INCREASE APPROPRIATION FROM $15,000.00 TO $25,000.00 FOR ASBESTOS ABATEMENT FROM THE WATER & LIGHT PLANT

WHEREAS, Ordinance 20-2007 of the Borough of Madison appropriated $15,000.00 from the Electric Capital Improvement Fund for asbestos abatement from the water & light plant; and

WHEREAS, the Electric Utility Superintendent has recommended that the Borough amend Ordinance 20-2007 to appropriate an additional $10,000.00 from the Electric Capital Improvement Fund thereby increasing Ordinance 20-2007 to $25,000.00 for asbestos abatement from the water & light plant; and

WHEREAS, the Director of Finance has attested to the availability of the funds in the Electric Capital Improvement Fund in an amount not to exceed $10,000.00 for this purpose; and

WHEREAS, the Borough Council has determined that the Borough should amend Ordinance 20-2007 to appropriate an additional $10,000.00 from the Electric Capital Improvement Fund thereby increasing Ordinance 20-2007 to $25,000.00 for asbestos abatement from the water & light plant.

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: Ordinance 20-2007 is amended to appropriate an additional $10,000.00 from the Electric Capital Improvement Fund thereby increasing Ordinance 20-2007 to $25,000.00 for asbestos abatement from the water & light plant.

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.

ORDINANCE 74-2007

ORDINANCE OF THE BOROUGH OF MADISON APPROPRIATING $10,000.00 FROM THE ELECTRIC CAPITAL IMPROVEMENT FUND TO PURCHASE TWO 20-YARD LOCKABLE DUMPSTERS

WHEREAS, the Electric Utility Superintendent has recommended that the Borough appropriate $10,000.00 from the Electric Capital Improvement Fund to purchase two (2) 20-yard lockable dumpsters for the storage of scrap cable and metals; and

WHEREAS, the Director of Finance has attested to the availability of the funds in the Electric Capital Improvement Fund in an amount not to exceed $10,000.00 for this purpose; and

WHEREAS, the Borough Council has determined that the Borough should appropriate $10,000.00 from the Electric Capital Improvement Fund to purchase two (2) 20-yard lockable dumpsters for the storage of scrap cable and metals; 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 $10,000.00 is hereby appropriated from the Electric Capital Improvement Fund to purchase two (2) 20-yard lockable dumpsters for the storage of scrap cable and metals.

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.

ORDINANCE 75-2007

ORDINANCE OF THE BOROUGH OF MADISON APPROPRIATING $5,000.00 FROM THE WATER CAPITAL IMPROVEMENT FUND TO PURCHASE A 20 CUBIC YARD LOCKING DUMPSTER FOR THE WATER DEPARTMENT

WHEREAS, the Superintendent of Public Works has recommended that the Borough appropriate $5,000.00 from the Water Capital Improvement Fund to purchase a 20 cubic yard locking dumpster for the Water Department; and

WHEREAS, the Director of Finance has attested to the availability of the funds in the Water Capital Improvement Fund in an amount not to exceed $5,000.00 for this purpose; and

WHEREAS, the Borough Council has determined that the Borough should appropriate $5,000.00 from the Water Capital Improvement Fund to purchase a 20 cubic yard locking dumpster for the Water 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 $5,000.00 is hereby appropriated from the Water Capital Improvement Fund to purchase a 20 cubic yard locking dumpster for the Water 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.

Ordinances being introduced at this meeting will have a hearing during a Regular Meeting of the Council scheduled to begin at 7:45 p.m. or as soon as practical thereafter on November 26, 2007, when interested parties will have an opportunity to be heard; each ordinance will be published, posted and made available to members of the public.

Mayor Kerkeslager called up Ordinance 76-2007 for introduction and asked the Borough Clerk to read said ordinances by title:

WHEREAS, the Borough Engineer has recommended that the Borough amend Ordinance 36-2006 to authorize additional scope of work for the milling and overlay projects to include Colonial Way, Olde Greenhouse Lane, and Danforth Road between Morris Place and Madison Avenue; and

WHEREAS, the Borough Engineer has also recommended that the capital budget be amended to include these projects, and the cost will be $150,000.00 or the current balance of Ordinance 36-2006, whichever is less; and

WHEREAS, the Director of Finance has attested to the availability of the funds in the General Capital Improvement Fund for this project in an amount not to exceed $150,000.00 or the current balance of Ordinance 36-2006, whichever is less; and

WHEREAS, the Borough Council has determined that the Borough should amend Ordinance 36-2006 to authorize additional scope of work for the milling and overlay projects to include Colonial Way, Olde Greenhouse Lane, and Danforth Road between Morris Place and Madison Avenue, without increasing the amount of the appropriation.

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: Ordinance 36-2006 is amended to authorize additional scope of work for the milling and overlay projects to include Colonial Way, Olde Greenhouse Lane, and Danforth Road between Morris Place and Madison Avenue.

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 76-2007, which the Borough 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 Resolutions listed on the Consent Agenda. Mrs. Vitale seconded the motion. Mr. Elias read R 252-2007 and R 253-2007 by title since they were not posted on the bulletin board before the meeting. Mr. Conley commended the Borough Administrator for opening the doors with the Diocese to make the lease of Bayley Ellard happen, and also for the Diocese being so open to helping Madison in a time of need—between the fields and use of the school building, it is tremendous to have their help. The Diocese had come through for recreation fields originally and with this lease of the school building, the Diocese has been working as a true partner with Madison; Mr. Codey was thanked by all.

There was a discussion regarding R 250-2007 renewing an inactive "pocket" alcoholic beverage retail distribution license which currently has no place of business in Madison; if the Council chooses to renew this "pocket" license, the State ABC has ruled that this may be the last renewal of the license unless it becomes active before June 30, 2008. There was no further discussion, and the motion passed with the following roll call vote recorded:

Yeas: Mrs. Holden, Ms. Baillie

Mr. Bowen, as to R 240-2007, R 242-2007, R 243-2007 and R 245-2007 through and including R 252-2007
Mrs. Vitale, Mr. Elias, Mr. Conley

Nays: Mr. Bowen, as to R 241-2007 and R 244-2007

WHEREAS, the Borough of Madison publicly advertised for bids for leaf removal (the "Contract") in accordance with the Local Public Contracts Law, N.J.S.A. 40A:11-1, et seq.; and

WHEREAS, the lowest qualified bid was submitted by Grinnell of Sparta, NJ in the amount of $90,000.00; and

WHEREAS, the Superintendent of Public Works has recommended that the Borough Council award the contract to Grinnell of Sparta, NJ in the amount of $90,000.00; and

WHEREAS, the Director of Finance has attested that funds will be available in an amount not to exceed $90,000.00 for this purpose in the Public Works operating budget.

NOW, THEREFORE, BE IT RESOLVED by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, as follows:

1. The contract for leaf removal is hereby awarded to Grinnell of Sparta, NJ based upon its bid in the amount of $90,000.00.

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

WHEREAS, continued investment in open space and farmland preservation is vitally important to the state, as it enhances New Jersey’s economy, safeguards its remaining natural, agricultural, recreational and cultural resources and preserves its character; and

WHEREAS, New Jersey continues to face incredible pressure from development, losing 40 acres of open space daily to new development projects; and

WHEREAS, protecting open spaces and improving urban natural areas stabilizes local property taxes and revitalizes communities; and

WHEREAS, the Garden State Preservation Trust, the financing authority for the Green Acres, Farmland, and Historic Preservation programs is virtually depleted despite the continued need for the programs it makes possible; and

WHEREAS, it is imperative to infuse the Green Acres, Farmland, Blue Acres, and Historic Preservation programs of the State of New Jersey with a one-year $200 million bond issue while a long-term funding solution for the Garden State Preservation Trust can be determined and secured; and

WHEREAS, on November 6, 2007, the voters of New Jersey will be asked to approve the Green Acres, Farmland, Blue Acres, and Historic Preservation Bond Act of 2007; and

WHEREAS, the $200 million in bonds for these programs are desperately needed to protect, maintain, and enhance New Jersey’s natural areas and cultural sites.

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 Borough of Madison encourages the voters of New Jersey to vote yes on November 6, 2007 to approve the Green Acres, Farmland, Blue Acres, and Historic Preservation Bond Act of 2007 to provide a total of $200 million in much needed funds to these programs.

2. The Municipal Clerk is hereby authorized to provide a copy of this Resolution to the following:

 

The Honorable Jon Corzine, Office of the Governor, PO Box 001, Trenton, NJ 08625

Senator Thomas H. Kean, Jr., 57 Union Place, Suite 310, Summit, NJ 07901

Assemblyman Jon M. Bramnick, 57 Union Place, Suite 310, Summit, NJ 07901

Assemblyman Eric Munoz, 57 Union Place, Suite 310, Summit, NJ 07901

Morris Land Conservancy, 19 Boonton Ave, Boonton, NJ 07005

New Jersey Conservation Foundation, Bamboo Brook, 170 Longview Road, Far Hills, NJ 07931

The Outdoor Recreation Alliance c/o N.J. Audubon Society, 142 W. State Street, Trenton, NJ 08608

Madison Eagle

Daily Record

Star Ledger

Independent Press

WHEREAS, the Borough of Madison publicly advertised for bids for asbestos abatement at the Borough Electric Utility Building (the "Contract") in accordance with the Local Public Contracts Law, N.J.S.A. 40A:11-1, et seq.; and

WHEREAS, the lowest qualified bid was submitted by Netrix, Inc. of Paterson, New Jersey in the amount of $33,000.00; and

WHEREAS, the Electric Utility Superintendent and Public Works Superintendent have recommended that the Borough Council award the contract to Netrix, Inc. of Paterson, New Jersey in the amount of $33,000.00; and

WHEREAS, the Director of Finance has attested that funds will be available in an amount not to exceed $33,000.00 for this purpose upon final adoption of Ordinance 72-2007 and Ordinance 73-2007.

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. Upon final adoption of Ordinance 72-2007 and Ordinance 73-2007, the contract for asbestos abatement at the Borough Electric Utility Building is hereby awarded to Netrix, Inc. of Paterson, New Jersey based upon its bid in the amount of $33,000.00.

2. Upon final adoption of Ordinance 72-2007 and Ordinance 73-2007, the Mayor and Borough Clerk are hereby authorized and directed on behalf of the Borough to enter into the contract with Netrix, Inc. of Paterson, New Jersey in a form acceptable to the Borough Attorney.

RESOLUTION OF THE BOROUGH OF MADISON CONTINUING A REFUND POLICY FOR RESIDENT COMMUTER PARKING PERMITS IN THE BOROUGH OF MADISON

 

WHEREAS, the Police Chief has recommended the Borough continue the parking permit refund policy for resident commuter parking permits as follows:

Valid Resident Commuter Permit:

A resident commuter permit that was purchased in the Borough of Madison with a valid vehicle registration and proof of residency.

 

Invalid Resident Commuter Permit:

A resident commuter permit that is being used by a non-resident of the Borough of Madison, (e.g. moved from Madison to Morris Township after purchasing permit) and/or not being displayed in a vehicle that has been previously registered with the Borough of Madison.

 

Address Changes:

Address changes must be reported immediately, in writing, to the Borough of Madison Police Department, Administrative Services. If an address change makes the permit holder ineligible, the parking permit will be recalled.

 

Refund Policy:

The Borough of Madison will issue a refund for resident commuter permits, (pro-rated) provided that the permit is returned within thirty (30) days of the date of ineligibility. The date of ineligibility shall be defined as the first date on which the change is effective, not the date that the written notice is received by the Borough. No refunds will be issued if the permit holder does not comply within the above stated time period.

 

Refunds to be issued as follows:

The permit holder will be refunded a pro-rated amount based on the balance of months left on the resident commuter permit. The resident commuter permit will be resold for a pro-rated amount based on the number of months left in the permit year from the date of reissue.

 

WHEREAS, the Borough Council has reviewed the recommended policy and determined that it should be established.

NOW, THEREFORE, BE IT RESOLVED, by the Council of the Borough of Madison, in the County of Morris, State of New Jersey that the Resident Commuter Permit Parking Refund Policy is hereby established as set forth herein above, to remain in effect until modified or revoked by resolution of the Borough Council.

WHEREAS, several Cooperation Agreements between the Borough of Madison and the Madison Housing Authority since 1971, providing for cooperation inn the construction of low-income housing and senior housing, which projects have been completed; and

WHEREAS, the Housing proposes to construct twelve (12) housing units on Lot 9, Block 1601; and

WHEREAS, the Madison Planning Board held a public meeting for an advisory review and Capital Plan review, at which meeting the Planning Board recommended that the plan be sent to the municipal council with their recommendations; and

WHEREAS, the Borough Council has reviewed a site plan prepared by Goldenbaum Baill Associates, Inc. dated September 4, 2007; and

WHEREAS, the Mayor and the Borough Council have determined that the proposed use of the property for low/moderate income senior citizen housing is necessary, essential and in the public interest of the Borough of Madison and that such use does not substantially impair the use and enjoyment of surrounding properties and further that it does not substantially impair the zone plan of the Borough of Madison, but serves a public purpose of furnishing clean, sanitary and efficient housing for low/ moderate income disadvantaged persons; and

WHEREAS, these units will serve to meet part of the Borough of Madison’s obligation as assigned by the Council on Affordable Housing; and

WHEREAS, to accomplish said purpose it is necessary that all fees for permits, water, sewer and electric connections and miscellaneous items be waived and it is in the public interest to do so; and

WHEREAS, to accomplish said purpose it also necessary that variances be granted specifically for said purpose and it is in the public interest to do so.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Borough Council of the Borough of Madison, in the County of Morris and State of New Jersey, pursuant to N.J.S.A. 40A:12A-39 that the Borough Council hereby grants preliminary and final approval of the Site Plan and the following conditions and building requirements shall pertain:

The maximum number of housing units permitted shall be 12 units.

The maximum height of the building shall be four stories in 52 feet.

The minimum front yard shall be .2 feet

The minimum side yard shall be 7.2 feet

The minimum rear yard shall be 62.6 feet

The minimum lot area shall be 11,461 square feet

The minimum lot width shall be 99.9 feet

The minimum lot depth shall be 113.8 feet

The maximum impervious coverage shall be 82.9%

Maximum Building Coverage shall be 31.1%

The minimum number of parking spaces shall be 20

The maximum floor area ratio shall be 1.4

BE IT FURTHER RESOLVED that this Resolution shall become effective immediately.

RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING 2007 BUDGET TRANSFERS

WHEREAS, There appears to be insufficient funds in the following accounts (excepting the appropriation for Contingent Expenses or Deferred Charges) to meet the demands for the balance of the Current Year in Police – Salaries & Wages, Police – Vehicle Maintenance – Other Expenses, Sewer Line Maintenance – Salaries & Wages, Engineering – Other Expenses, Administration – Salaries & Wages, Public Works – Other Expenses, Municipal Support – Other Expenses, Electric Administration – Social Security – Other Expenses, Water Administration – Salaries & Wages, and;

WHEREAS, There appears to be surplus in the following accounts (excepting the appropriation for Contingent Expenses, Deferred Charges, Cash Deficit of Preceding Year, Reserve for Uncollected Taxes, Down Payments, Capital Improvement Fund, or Interest and Debt Redemption Charges), over and above the demand deemed to be necessary for the balance of the Current Year, in Construction Code – Salaries & Wages, Engineering – Salaries & Wages, Public Works – Other Expenses, Electric Administration – Other Expenses, Water Administration – Other Expenses.

NOW, THEREFORE, BE IT RESOLVED (not less than two-thirds of all the members thereof affirmatively concurring) that in accordance with the provision of R.S. 40A:4-58, part of the surplus in the account heretofore mentioned be and the same are hereby transferred to the account (excepting the appropriation for Contingent Expenses or Deferred Charges) mentioned as being insufficient, to meet the current demands, and;

BE IT FURTHER RESOLVED that the Chief Financial Officer be and is hereby authorized and directed to make the following transfers:

RESOLUTION FOR RENEWAL OF MEMBERSHIP IN THE MORRIS COUNTY MUNICIPAL JOINT INSURANCE FUND

 

WHEREAS, the Borough of Madison is a member of the Morris County Municipal Joint Insurance Fund; and

WHEREAS, said renewed membership terminates as of December 31, 2007 unless earlier renewed by agreement between the Municipality and the Fund; and

WHEREAS, the municipality desires to renew said membership;

NOW THEREFORE, be it resolved as follows:

The Borough of Madison agrees to renew its membership in the Morris County Municipal Joint Insurance Fund and to be subject to the Bylaws, Rules and Regulations, coverages, and operating procedures thereof as presently existing or as modified from time to time by lawful act of the Fund.

The Mayor and Clerk shall be and hereby are authorized to execute the agreement to renew membership annexed hereto and made a part hereof and to deliver same to the Morris County Municipal Joint Insurance Fund evidencing the Municipality’s intention to renew its membership.

WHEREAS, the Madison Borough Chief Financial Officer has recommended that old outstanding checks, bank errors and returned checks be cancelled as being out of date; and

WHEREAS, the Chief Financial Officer has indicated that the Chief Accountant has recommended these items should be cancelled.

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. All outstanding checks and charges listed on the attached Memorandum dated September 18, 2007 from Francine DeAngelis, Chief Accountant, to Robert Kalafut, Chief Financial Officer, be cancelled.

The Chief Financial Officer is authorized to take whatever action is necessary to effectuate this Resolution.

WHEREAS, the Chief Financial Officer has reviewed a list of open capital projects and has determined that several capital projects have been completed and the improvement authorization accounts should be closed; and

WHEREAS, the Chief Financial Officer has recommended that the Council adopt a Resolution canceling the open dollar balances in such completed projects; and

WHEREAS, THE Borough Council has determined to make such cancellation.

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 list of open capital projects annexed hereto are hereby cancelled.

WHEREAS, the Borough of Madison has been awarded a Community Development Block Grant from the County of Morris in the amount of $80,000.00 for street improvement and reconstruction in the Borough; and

WHEREAS, the Borough Engineer has recommended that said grant be accepted and the grant agreement be executed.

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 a grant agreement between the Borough of Madison and the County of Morris for a Community Development Block Grant in the amount of $80,000.00 for street improvement and reconstruction, in a form approved by the Borough Attorney.

R 250-2007

resolution of the borough of madison renewING 2007-2008 liquor license in the borough of madison granted to BANSI L. KHURANA with condition

WHEREAS, a Special Ruling has been issued by the State of New Jersey Division of Alcoholic Beverage Control to permit consideration of a renewal application for inactive Licenses No. 1417-44-008-005 in the name of Bansi L. Khurana pursuant to N.J.S.A. 33:1-12.39; and

WHEREAS, said license has been inactive since August 30, 2000, and the petition concerns the fifth license term for which relief is being sought; and

WHEREAS, the Special Ruling allows that, should the Governing Body of the Borough of Madison renew the subject license for the 2007-2008-license term, it shall place upon the license a special condition stating that no further renewals of this license be granted unless the license is being actively used at an approved site on or before June 30, 2008.

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 following application for renewal of Liquor License for the 2007-2008 license term is hereby approved subject to a special condition as follows:

No further renewals of this license shall be granted unless the license is being actively used at an approved site on or before June 30, 2008.

Bansi L. Khurana

Inactive (Pocket) License No. 1417-44-008-005

Mailing Address: 49 Soulice Place

New Rochelle, NY 10804

RESOLUTION OF THE BOROUGH OF MADISON APPOINTING ROBERT W. SMITH TO THE POSITION OF TEMPORARY ELECTRICAL SUBCODE OFFICIAL/ ELECTRICAL INSPECTOR, PART TIME

 

WHEREAS, Robert O’Donnell, the Electrical Subcode Official/Electrical Inspector, has resigned effective October 22, 2007; and

WHEREAS, the Purchasing/Personnel Officer has recommended that Robert W. Smith be appointed to the temporary part-time position of Electrical Subcode Official and Electrical Inspector for the Borough of Madison until a candidate is interviewed and hired for the permanent position; and

NOW THEREFORE BE IT RESOLVED by the Council of the Borough of Madison, County of Morris, and State of New Jersey, that Robert W. Smith of Rockaway, New Jersey, is hereby appointed to the position of temporary part-time Electrical Subcode Official and Electrical Inspector, effective October 29, 2007, to be compensated at the rate of $28.85 per hour as needed on Mondays and Fridays until a candidate is interviewed and hired for the permanent position.

WHEREAS, the Borough of Madison (hereinafter "Borough") and the Roman Catholic Diocese of Paterson (hereinafter "Diocese") are desirous of entering into a mutually beneficial lease agreement to allow the Borough to lease the entire school building (not including the Mansion) and parking lots owned by the Diocese at Lot 1, Block 201, Madison, New Jersey, which premises were formerly occupied by Bayley Ellard High School; and

WHEREAS, the purpose of said lease would be to provide administrative office space and meeting facilities for use by the Borough of Madison during the renovation of the Hartley Dodge Memorial building, which would thereby benefit the residents of the Borough; and

WHEREAS, the Borough Administrator has recommended that a written lease agreement between the Borough and the Diocese be entered into for lease of the entire school building (not including the Mansion) and parking lots at the premises known as Lot 1, Block 201, Madison, New Jersey, formerly occupied by Bayley Ellard High School, for a term of up to three years commencing January 1, 2008, with use of the gym and access for "fix up" commencing one week after execution of the Lease Agreement; and

WHEREAS, the rent will be $1,000.00 per month, and other consideration as set forth in the Lease agreement; and

WHEREAS, the Borough Council has determined that it is in the best interest of the Borough to enter into such written lease agreement.

NOW, THEREFORE, BE IT RESOLVED, by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, as follows:

1. The Mayor and Borough Clerk are authorized to execute a lease agreement with the Roman Catholic Diocese of Paterson to lease the entire school building (not including the Mansion) and parking lots at the premises known as Lot 1, Block 201, Madison, New Jersey, formerly occupied by Bayley Ellard High School.

2. The form of the lease is to be approved by the Borough Attorney.

Mr. Conley moved approval of R 253-2007 "Resolution of the Borough of Madison authorizing change order to Gilbane, Inc., of Lawrenceville for continuing construction management work at the Fire & Police building". Mrs. Holden seconded the motion. Council comments included that there have been many comments from the audience about Gilbane; it is key to keep this partnership together; in order to get the Fire & Police Building project done, we need Gilbane on board, and this will move us to completion. There was no further discussion and the motion passed with the following roll call vote recorded:

RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING CHANGE ORDER TO GILBANE, INC., OF LAWRENCEVILLE FOR CONTINUING CONSTRUCTION MANAGEMENT WORK AT THE FIRE & POLICE BUILDING

WHEREAS, a contract was previously awarded to Gilbane, Inc., for construction management work for the Fire and Police Building until December 2006 and extended for an additional six months thereafter; and

WHEREAS, the Borough Engineer has recommended approval of an additional Change Order extending full time construction management services for a period of six months, during the term of the Surety takeover agreement, commencing September 17, 2007, based on a proposal from Gilbane, Inc. dated September 13, 2007, in an amount not to exceed $145,740.00.

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 a Change Order to the Contract with Gilbane, Inc., to extend the term for six months commencing September 17, 2007 in an amount not to exceed $145,740.00, said change order to be in a form approved by the Borough Attorney.

Unfinished Business - None

On motion by Mr. Bowen, 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 $17,449.00

Health & Public Assistance 38,058.66

Public Works & Engineering 21,894.25

Community Affairs 4,137.60

Finance & Borough Clerk 10,468,595.26

Utilities 996,223.84

Total $11,546,358.61

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 10:30 p.m. and the Executive Session immediately reconvened in the Committee Room.

The Regular Meeting reconvened at 11:15 p.m. and immediately adjourned.

Respectfully submitted,

Marilyn Schaefer

Borough Clerk

Adopted and approved December 10, 2007 (MS)