MINUTES OF A REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF
MADISON
April 14, 2008 - 6 p.m.
Call to Order
The Regular Meeting of the Mayor and Council of the Borough of Madison was
held on the 14th day of April 2008. Mayor Holden 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 transmitting a copy of the meeting
notice to 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, 2008. Notice of
change of this meeting from 7 p.m. to 6 p.m. filed in the same manner, all on
April 8, 2008.
Roll Call
The Borough Clerk called the roll and the following acknowledged their
presence:
Mayor Mary-Anna Holden
Council Members:
Astri J. Baillie
Carmela Vitale
John M. Elias
Robert H. Conley
Jeannie Tsukamoto
Vincent A. Esposito
Also Present:
Raymond M. Codey, Borough Administrator
Marilyn Schaefer, Borough Clerk
Joseph Mezzacca, Jr., Borough Attorney
AGENDA REVIEW
Added to the Executive Agenda were three Contract Matters and one Potential
Litigation Matter.
Reading of Closed Session Resolution
Mr. Conley moved:
RESOLVED, that the meeting be adjourned to an Executive Session to
consider the following matters:
EXECUTIVE SESSION MINUTES (1)
Executive Minutes of March 24, 2008
Date of public disclosure 60 days after conclusion, if disclosure required.
PERSONNEL MATTERS (6)
Main Street Executive Director
Shared Services
Appoint Firefighter
Planning & TCC
Names for Advisory Committee
Appoint two Police Officers
Date of public disclosure 90 days after conclusion, if disclosure required.
CONTRACT MATTERS (6)
Fields Consultant
10 Maple Avenue
Verizon Wireless
Board of Education
Fire & Police Building
Change Order #5
Date of public disclosure 60 days after conclusion, if disclosure required.
POTENTIAL LITIGATION MATTERS (2)
Library
Tree Ordinance
Date of public disclosure 60 days after conclusion, if disclosure required.
Seconded: Mrs. Vitale
Vote: Unanimous voice vote
Reconvene in Council Chamber
Mayor Holden reconvened the Regular Meeting at 8 p.m. in the Council
Chamber with all members present. The Pledge of Allegiance was recited by all.
Leading the Way Awards were presented to:
LaJunta Hurt; Cicconi Family; Paul Allocco and Alfred's Sporting Goods for
their outstanding support in making May Day in Madison a success.
Appointment of Probationary Police Officer Melissa L. Kenyon of Berkeley
Heights
Mrs. Vitale read the following Resolution R 99-2008 in full and moved
approval. Mr. Conley seconded the motion, which passed with the following roll
call vote recorded:
Yeas: Ms. Baillie, Mrs. Vitale, Mr. Elias
Mr. Conley, Mrs. Tsukamoto, Dr. Esposito
Nays: None
R 99-2008
RESOLUTION OF THE BOROUGH OF MADISON APPOINTING MELISSA
L. KENYON OF BERKELEY HEIGHTS TO THE POSITION OF PROBATIONARY POLICE
OFFICER EFFECTIVE IMMEDIATELY
WHEREAS, the Madison Borough Chief of Police has
recommended that Melissa L. Kenyon be appointed to the position of Probationary
Police Officer in the Madison Police Department; and
WHEREAS, the Madison Borough Council, after due
consideration, has determined to appoint Melissa L. Kenyon to the position of
Probationary Police Officer in the Madison Police Department.
NOW, THEREFORE, BE IT RESOLVED by the Council of the
Borough of Madison, in the County of Morris and State of New Jersey, that
Melissa L. Kenyon is hereby appointed to the position of Probationary Police
Officer in the Madison Police Department effective immediately, to be
compensated in accordance with the Police Benevolent Association Collective
Bargaining Agreement.
Mr. Mezzacca administered Melissa L. Kenyon’s Oath of Office, after which
there was a long round of applause. The Mayor and Council Members individually
shook Officer Kenyon’s hand and wished her well.
APPROVAL OF MINUTES
Ms. Baillie moved approval of the Executive Minutes of March 24,
2008. Mr. Conley seconded the motion, which passed with the following
roll call vote recorded:
Yeas
: Ms. Baillie, Mrs. Vitale, Mr. Elias
Mr. Conley, Mrs. Tsukamoto, Dr. Esposito
Nays: None
Ms. Baillie moved approval of the Regular Minutes of March 24, 2008.
Mrs. Vitale seconded the motion, which passed with the following roll call vote
recorded:
Yeas: Ms. Baillie, Mrs. Vitale, Mr. Elias
Mr. Conley, Mrs. Tsukamoto, Dr. Esposito
Nays: None
GREETINGS TO PUBLIC
Mayor Holden made the following comments:
April Employee of the Month
Lt. Jerry Mantone for his work with the Sheriff’s Labor Assistance Program
(SLAP) personnel and assistance in coordinating the moving of Borough files and
property to Bayley-Ellard.
Anniversary
On April 16, 2008, Doug Smith will reach his 35th Anniversary with the
Borough.
2008 Budget
The 2008 Budget will be introduced this evening. The Budget in Brief and
Budget in Full is posted on the Borough web site.
Flag Repair
The flag on the Borough’s flagpole is in disrepair; a local resident has
offered to repair the flag, which will save Madison significant expense;
therefore, the flag will be missing from display during repair.
REPORTS OF COMMITTEES
Finance and Borough Clerk
Ms. Baillie, Chair of the Committee, made the following comments:
The Mayor and Council have reviewed the 2008 budget with the goal of
maintaining services, providing capital projects to preserve infrastructure and
keeping taxes down; Ms. Baillie thanked Chief Financial Officer Robert Kalafut,
Administrator Raymond M. Codey and all department heads for crafting this
budget.
Public Safety
Mrs. Vitale, Chair of the Committee, made the following comments:
Again, welcomed Melissa Kenyon to Madison.
Public Works and Engineering
Mr. Elias, Chair of the Committee, made the following comments:
The Department of Public Works reported that they have, over the past month,
along with the help of volunteers, brought in and on budget the fields for
baseball and soccer. Also, this coming Saturday, April 19, 2008, at 8 a.m.
volunteers are needed for mulching projects at three playgrounds. Starting next
Monday, April 21, 2008, wood chips will be made available to residents to take
home from John Avenue’s Public Works Garage area. The Historic Preservation
Commission has noted in the newspaper this week the program "Name Your
Historic District"; contact Mr. Elias as Council Liaison with your ideas.
As to the Shade Tree Management Board and the proposed Tree Ordinance, while the
second reading is scheduled for April 28, 2008, it will be carried again to the
May 12, 2008 meeting; again, there will not be a second reading at the April 28,
2008 meeting.
Utilities
Mr. Conley, Chair of the Committee, made the following comments:
The Traffic Calming Committee did reconvene and will have a grant application
ready for the "Safe Routes to Schools" program due this month. Traffic
calming measures will be studied for Green Avenue set for reconstruction this
year.
Health & Public Assistance
Mrs. Tsukamoto, Chair of the Committee, no report.
Community Affairs
Dr. Esposito, Chair of the Committee, made the following comments:
The Madison Chamber of Commerce will hold their first retail business meeting
tomorrow, April 15, 2008; the discussions will include ways to best market
Madison retail merchants; please call Dr. James Hollenbach, President of the
Madison Chamber of Commerce, for details as to the place and time of the
meeting. The Rotary Club of Madison will host a "Community Shred" on
Saturday, April 26th, from 1 to 5 pm at the Provident Bank parking lot on Elmer
Street in Madison. Everyone is invited to bring their file boxes of unwanted
personal documents to be securely shredded on site by Shred-It Inc. The cost
will be $5 per file box, and larger boxes will cost up to $10.The Madison
Chamber of Commerce is also presenting their new value card—a $10 card will
get holders a discount at many Madison businesses. Also this year the Chamber is
introducing a "University Card" for university students. Dr. Esposito
encouraged everyone to take part in May Day on May 3, 2008, when residents get
together to spruce up Madison.
COMMUNICATIONS AND PETITIONS
The Borough Clerk announced receipt of the following communications:
From Tom Lewis of Cross Gates Road strongly advocating adoption of the tree
ordinance.
Mayor Holden commented on a letter from a resident who wanted to know why an
electric bill did not reflect a credit he had received; correspondence has been
referred to the Madison Housing Authority.
INVITATION FOR DISCUSSION (1 of 2)
Mayor Holden 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.
Eugene Zipper, Greenwood, Greenwood Avenue, is opposed to adoption of
the tree ordinance and asked if there is any intention to provide justification
for the ordinance; Mr. Zipper was advised that Madison did have some empirical
data that served as a basis for the ordinance and which was part of the genesis
for the tree ordinance.
Sam Cerciello, Park Avenue, commented that he has been doing a lot of
walking and that sidewalks are in disrepair; asked why the DDC does not pay for
the GumBuster machine. In commenting on the renovation of the HDM, was advised
that there are only a limited number of firms allowed to work on this building
because the HDM is listed on the State National Historical Register.
Tim Harrington, Cross Gates Road, commented that the acoustics in the
Council Chamber are a problem. Mr. Harrington suggested converting all water
meters to be read electronically. Mr. Codey was recognized by the Chair and
commented that in the 2008 budget $500,000 has been allocated to begin a
phased-in remote reading of water and electric meters; also funds are allocated
for a sound system in the Council Chamber as part of the design plan for this
building; even with the 9% increase in Madison’s electric rates, the Borough
is 30% to 35% under the Public Service and JCP&L rates even before their
proposed rate increases of 15% to 19%.
Since no other member of the public wished to be heard, the invitation for
discussion was closed.
BUDGET INTRODUCTION
Chief Financial Officer Robert Kalafut reported on items listed for adoption
later in the meeting:
This evening the Council will be taking action on two budget matters:
Budget Self-Examination Resolution—two out of three years, a municipality
that meets certain parameters established by the State of New Jersey is
permitted to perform Budget self-examination, which speeds up the budget
process.
Introduction of a Cap Bank Ordinance—this increases spending within the cap
from 2 l/2% to 3 l/2%; this does not increase the tax rate or taxation.
In a detailed statement, Mr. Kalafut went over the Budget in Brief pages,
available to all members and public present at the meeting, and explained the
components of the recommended property tax increase for Madison of 4.96%.
Introduction of 2008 Budget
R 100-2008
RESOLUTION OF THE BOROUGH OF MADISON APPROVING THE 2008
BUDGET AND TAX RESOLUTION
Ms. Baillie moved approval of the budget document R 100-2008, which was read
by title. Mr. Elias seconded the motion, which passed with the following roll
call vote recorded:
Yeas: Ms. Baillie, Mrs. Vitale, Mr. Elias
Mr. Conley, Mrs. Tsukamoto, Dr. Esposito
Nays: None
Mayor’s Statement:
The Budget will be published by summary in the Madison Eagle on April 24,
2008, with the hearing date of May 12, 2008. Members of the public will have an
opportunity to be heard during the hearing; copies of the 2008 budget may be
obtained without charge from the Borough Clerk during normal business hours up
to and including the public hearing. Also, copies of the Budget will be
available at the Madison Library, Morris County Library and on line at RoseNet.
Agenda Discussions
04/14/2008-1 AWARD TREE TRIMMING SERVICES BID TO HONOR TREE SERVICE –TWO
YEAR CONTRACT
Mr. Elias moved approval of Superintendent of Public Works David Maines’
recommendation to award a two-year contract for tree trimming services to Honor
Tree Service. Mr. Conley seconded the motion. There was no Council discussion
and the motion passed with the following roll call vote recorded:
Yeas: Ms. Baillie, Mrs. Vitale, Mr. Elias
Mr. Conley, Mrs. Tsukamoto, Dr. Esposito
Nays: None
Discussions #2 and #3 were handled together regarding additional maintenance
and additional cleaning of the Madison Civic Center building:
04/14/2008-2 Ratifying contract to Peter Limone for $2,584 additional
maintenance services rendered in 2007 for a total contract price of $20,068.00.
04/14/2008-3 Ratifying contract to Linda Limone for $3,866 additional
cleaning services rendered in 2007 for a total contract price of $19,706.
Superintendent of Public Works David Maines explained approval of these
additional services, which will bring their contracts through the end of the
year 2007; their services have already been rendered; their original contracts
were not through the end of the year. Mr. Elias moved approval of Mr. Maines’
recommendation. Ms. Baillie seconded the motion. Mr. Maines will provide a
breakdown of what type of maintenance services were performed and the hours
involved. A contract for 2008 for maintenance and cleaning services was bid and
awarded to a different vendor, so the Limone services were needed through the
end of 2007. There was no further discussion and the motion passed with the
following roll call vote recorded:
Yeas
: Ms. Baillie, Mrs. Vitale,
Mr. Elias
Mr. Conley, as to discussion #2
Mrs. Tsukamoto, Dr. Esposito
Nays: None
Abstain: Mr. Conley, as to discussion #3
Two resolutions are listed on the Consent Agenda.
Discussions #4 and #5 were handled together:
04/14/2008-4 AMEND ORDINANCE 36-2006 TO ADD FOUR ADDITIONAL STREETS
FOR MILLING AND OVERLAY: LYNWOOD PLACE, CRESTWOOD DRIVE, ROSEWOOD DRIVE AND
COOK AVENUE
04/14/2008-5 amend bond ordinance 45-2007 by resolution to include
noe avenue
Mr. Elias commented that the milling and overlay requests are part of the
road program and will be done within the next two weeks upon approval.
As to discussion #4, Superintendent of Public Works David Maines commented
that no additional funds are needed as the funds are available in the
ordinance; the ordinance is being amended as to purpose to include the
additional roads for milling and overlay.
As to discussion #5, Superintendent of Public Works David Maines commented
that no additional funds are needed as the funds are available in the
ordinance; the Bond Ordinance is being amended by resolution, in accordance
with the recommendation of the Borough Auditor, to include Noe Avenue for
milling and overlay.
Mr. Elias moved approval of Mr. Maines’ requests #4 and #5. Mrs. Vitale
seconded the motion, which passed with the following roll call vote recorded:
Yeas: Ms. Baillie, Mrs. Vitale, Mr. Elias
Mr. Conley, Mrs. Tsukamoto, Dr. Esposito
Nays: None
An ordinance is listed for introduction amending Ordinance 36-2006 to add
four roads to the purpose of the ordinance to include Lynwood Place, Crestwood
Drive, Rosewood Drive and Cook Avenue.
A resolution is listed on the Consent Agenda amending Bond Ordinance
45-2007 to include milling and overlay for Noe Avenue.
Discussions #6 and #7 were handled together:
04/14/2008-6 APPROPRIATE $31,000.00 FROM THE GENERAL CAPITAL
IMPROVEMENT FUND TO PURCHASE WINDOW REPLACEMENTS AND A NEW GENERATOR FOR THE
CIVIC CENTER
04/14/2008-7 APPROPRIATE $10,000.00 FROM THE GENERAL CAPITAL
IMPROVEMENT FUND TO PURCHASE A NEW REPLACEMENT ANTENNA FOR THE RADIO AT
MIDWOOD TANK
Mr. Elias commented that these requests have been discussed as part of the
2008 Capital Budget discussions.
As to discussion #6, Superintendent of Public Works David Maines
recommended appropriating $31,000.00 to purchase window replacements and a new
generator for the Civic Center where Project Community Pride will be located;
as to the window replacements, the windows are broken, can’t be opened or
locked properly and need to be replaced. As to the generator, the Board of
Health keeps medicines there which must stay under refrigeration in case of
power failure; during the flu season, the Health Department has about $35,000
worth of vaccine; the automatic generator would take over in the event of a
power outage.
As to discussion #7, Superintendent of Public Works David Maines
recommended appropriating $10,000.00 to fund purchase of a new replacement
antenna for the radio at the Midwood tank. The antenna there is over 25 years
old and is not working properly
At the conclusion of discussion, Mr. Elias moved approval of Mr. Maines’
recommendations for appropriating $31,000 for window replacements and a new
generator for the Civic Center and for appropriating $10,000.00 for the
purchase of a new replacement antenna for the radio at the Midwood tank. Mrs.
Vitale seconded the motion.
Yeas: Ms. Baillie, Mrs. Vitale, Mr. Elias
Mr. Conley, Mrs. Tsukamoto, Dr. Esposito
Nays: None
Ordinances so appropriating will be listed for introduction on the April
28, 2008 Agenda.
Discussions #8 and #9 were handled together:
04/14/2008-8 APPROPRIATE $20,000.00 FROM THE WATER CAPITAL
IMPROVEMENT FUND TO PURCHASE PORTABLE GENERATOR AND ACCESSORIES
04/14/2008-9 APPROPRIATE $20,000.00 FROM THE WATER CAPITAL
IMPROVEMENT FUND FOR THE PURCHASE OF A WATER LEAK DETECTOR FOR USE BY THE
WATER DEPARTMENT
Mr. Elias commented that these appropriations were discussed during the
formation of the 2008 Capital Budget.
As to discussion #8, Superintendent of Public Works David Maines
recommended appropriating $20,000.00 from the Water Capital Improvement Fund
to purchase a portable generator and accessories. The current portable
generator is from 1965 and must be replaced.
As to discussion #9, Superintendent of Public Works David Maines
recommended appropriating $20,000.00 from the Water Capital Improvement Fund
for the purchase of a water leak detector for use by the Water Department.
Small leaks on a water main may be detected without digging up the road.
Mr. Elias moved approval of Mr. Maines’ recommendations #8 and #9. Mrs.
Vitale seconded the motion, which passed with the following roll call vote
recorded:
Yeas: Ms. Baillie, Mrs. Vitale, Mr. Elias
Mr. Conley, Mrs. Tsukamoto, Dr. Esposito
Nays: None
Ordinances will be listed for introduction on the April 28, 2008 agenda.
04/14/2008-10 APPROPRIATE $15,000,00 FROM THE GENERAL CAPITAL
IMPROVEMENT FUND FOR THE RESURFACING IMPROVEMENTS TO THE DODGE FIELD AND LUCY
D. ANTHONY BASKETBALL COURTS
Recreation Director Doug Smith commented that the Joint Insurance Fund
recommended repairs to the courts due to cracking. The timing of the project
will probably be for September 2008 after the children are back in school.
Mr. Elias moved approval of Mr. Smith’s recommendation. Mrs. Vitale
seconded the motion, which passed with the following roll call vote recorded:
Yeas: Ms. Baillie, Mrs. Vitale, Mr. Elias
Mr. Conley, Mrs. Tsukamoto, Dr. Esposito
Nays: None
An ordinance will be listed for introduction on the April 28, 2008 agenda.
04/14/2008-11 INCREASE AWARD FROM $23,730 TO $42,160 FOR ELECTRICAL
WIRING IN THE BAYLEY ELLARD BUILDING
Ms. Baillie moved approval of Network Administrator Jim Sanderson’s
recommendation to increase the award by $18,430.00 to $42,160.00 to Johnston
Communications Voice & Data under State Contract for electrical wiring in
the Bayley Ellard building. Mrs. Vitale seconded the motion. Mr. Codey
commented on this project, which will provide greater electric capacity needed
at the site.
At the conclusion of discussion, the motion passed with the following roll
call vote recorded:
Yeas: Ms. Baillie, Mrs. Vitale, Mr. Elias
Mr. Conley, Mrs. Tsukamoto, Dr. Esposito
Nays: None
A resolution is listed on the Consent Agenda.
04/14/2008-12 appropriate $8,000.00 from the General Capital
Improvement Fund for purchase of Gumbuster Machine
Mr. Codey commented that this machine is to remove gum and other stains
from public sidewalks; the machine has been observed in use in other
municipalities. Going forward, the Downtown Development Commission (DDC) will
pay for supplies needed, such as new brushes, and they would finance the
payments for any extra help needed to operate the machine.
Dr. Esposito moved approval of the requested appropriation. Mrs. Vitale
seconded the motion. There was a long comment period on other uses for the
machine, who would be assigned to operate it and how the machine operates. The
DDC will be asked for a contribution toward the purchase of the machine.
At the conclusion of discussion, the motion passed with the following roll
call vote recorded:
Yeas: Ms. Baillie, Mrs. Vitale, Mr. Elias
Mr. Conley, Mrs. Tsukamoto, Dr. Esposito
Nays: None
An ordinance is listed for introduction later in the meeting.
04/14/2008-13 AMEND RESOLUTION R 77-2008 WHICH ESTABLISHED AN AD
HOC ADVISORY COMMITTEE FOR THE MADISON AREA RECREATION CENTER TO REDUCE THE
SIZE
Ms. Baillie commented that after discussion it was decided to reduce the
size of the committee, which would include the Chair or designee from each of
the following standing committees: Open Space, Historic Preservation and
Recreation Advisory Committee; Recreation Advisory Committee; Parks Advisory
Committee; Shade Tree Management Board; Environmental Commission; at-large
resident; a senior representative; two Council liaisons; and Ex-Officio the
Mayor.
Ms. Baillie moved approval of amending R 77-2008 to reduce the size of the
Ad Hoc Advisory Committee for the Madison Area Recreation Center. Mr. Conley
seconded the motion, which passed with the following roll call vote recorded:
Yeas: Ms. Baillie, Mrs. Vitale, Mr. Elias
Mr. Conley, Mrs. Tsukamoto, Dr. Esposito
Nays: None
A resolution is listed on the Consent Agenda.
04/14/2008-14 APPROPRIATE $30,000.00 FROM FIRE DEPARTMENT TRUST
ACCOUNT FOR PURCHASE OF FIRE DEPARTMENT VEHICLE
Mrs. Vitale moved approval of Fire Chief Atchison’s recommendation to
appropriate $30,000.00 from the Fire Department Trust Account for the purchase
of a Fire Department vehicle. Mr. Conley seconded the motion, which passed
with the following roll call vote recorded:
Yeas
: Ms. Baillie, Mrs. Vitale,
Mr. Elias
Mr. Conley, Mrs. Tsukamoto, Dr. Esposito
Nays: None
An ordinance will be listed for introduction on the April 28, 2008 Agenda.
Discussions #15 and #16 were handled together:
04/14/2008-15 APPROPRIATE $10,000.00 FROM THE GENERAL CAPITAL
IMPROVEMENT FUND FOR MISCELLANEOUS EQUIPMENT INCLUDING RUBBER MATS FOR THE
APPARATUS FLOOR, A FLOOR SCRUBBER, ADDITIONAL SHELVING AND VACUUMS
04/14/2008-16 APPROPRIATE $6,000 FROM THE GENERAL CAPITAL
IMPROVEMENT FUND FOR PURCHASE OF A COPIER MACHINE, FAX MACHINE, PRINTER AND
STORAGE UNIT
Mrs. Vitale moved approval of Fire Chief Atchison’s above
recommendations. Mr. Conley seconded the motion. These items have been
budgeted in earlier capital plans for these purposes; they are not included in
the Bond Ordinance for the Fire & Police Building; the items to be
purchased are new, not replacement items. There was no further Council
discussion, and the motion passed with the following roll call vote recorded:
Yeas: Ms. Baillie, Mrs. Vitale, Mr. Elias
Mr. Conley, Mrs. Tsukamoto, Dr. Esposito
Nays: None
Ordinances as described above are listed for introduction later in the
meeting.
04/14/2008-17 OMLAND ENGINEERING – WATER MAIN AND CHAPEL STREET
AWARDS
Mr. Codey commented that this is a contract to perform inspection services
for two projects. The figure quoted is a "not to exceed" figure; the
firm performed good work in the past, and the funding will be provided from
the funding stream from the original work.
Mr. Elias moved approval of Borough Engineer Robert Vogel’s
recommendation, as presented by Mr. Codey, to award a contract for
construction inspection work for the Chapel Street project in the amount of
$47,250, and a contract for construction inspection work for the 2007 Water
Main project in the amount of $47,250.00, both contracts to Omland Engineering
Associates. Mrs. Vitale seconded the motion, which passed with the following
roll call vote recorded:
Yeas: Ms. Baillie, Mrs. Vitale, Mr. Elias
Mr. Conley, Mrs. Tsukamoto, Dr. Esposito
Nays: None
Resolutions awarding as described above are listed on the Consent Agenda.
04/14/2008-18 WAIVE REQUIREMENT FOR PERFORMANCE BOND FOR GRACE CHURCH
CONSTRUCTION PROJECT
Mr. Codey explained the request to have the governing body waive condition
#9 in the permit requirement for Performance Bond for the Grace Church
construction project. It is within the Governing Body’s jurisdiction to
waive the requirement with the concurrence of the Borough Engineer. This is
consistent with past practice for non-profits. Mrs. Tsukamoto abstained from
the vote as her family uses Grace Church frequently.
Mr. Elias moved approval of the request. Mrs. Vitale seconded the motion,
which passed with the following roll call vote recorded:
Yeas: Ms. Baillie, Mrs. Vitale, Mr. Elias, Mr. Conley, Dr. Esposito
Nays: None
Abstain: Mrs. Tsukamoto
A resolution is listed on the Consent Agenda.
INVITATION FOR DISCUSSION (2 of 2)
Mayor Holden 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.
Eugene Zipper, Greenwood Avenue, spoke about removing gum and his
firsthand experience in removing it, and felt buying a machine is not
necessarily the best answer.
Sam Cerciello, Park Avenue, asked the Borough to start thinking of
saving some money.
Advertised Hearings
Statement of Borough Clerk:
Ordinance 19-2008 scheduled for hearing was introduced by title and passed on
first reading at a Regular Meeting of the Council held on March 24, 2008, was
published in the Madison Eagle and copies made available to members of the
public.
Mayor Holden called up Ordinance 19-2008 for hearing and asked the Borough
Clerk to read said ordinance by title:
ORDINANCE 19-2008
ORDINANCE OF THE BOROUGH OF MADISON AMENDING CHAPTER 107 OF
THE BOROUGH CODE ENTITLED "GARBAGE, MUNICIPAL SOLID WASTE AND
RECYCLABLES"
The Borough Clerk read the following proposed amendment to
Ordinance 19-2008, which was inadvertently left out when the ordinance was
introduced:
Amend Ordinance 19-2008 to Add to page 2, top of page, §
107-2. Definitions.
…………………..
As used in this chapter the following terms shall have the meanings
indicated:
………………………….
Mr. Mezzacca commented that the amendment was not
significant and the Council may proceed with amending the ordinance and
consideration for final adoption after the hearing.
Mr. Elias moved approval of the aforementioned amendment. Dr. Esposito
seconded the motion, which passed with the following roll call vote recorded:
Yeas: Ms. Baillie, Mrs. Vitale, Mr. Elias
Mr. Conley, Mrs. Tsukamoto, Dr. Esposito
Nays: None
Mayor Holden opened up the hearing and asked if any member of the public
wished to be heard. Since no member of the public wished to be heard, the
public hearing was closed.
ORDINANCE 19-2008
ORDINANCE OF THE BOROUGH OF MADISON AMENDING CHAPTER
107 OF THE BOROUGH CODE ENTITLED "GARBAGE, MUNICIPAL SOLID WASTE AND
RECYCLABLES"
WHEREAS, certain amendments to the Madison
Municipal Solid Waste and Recycling ordinance are needed pursuant to the Morris
County Solid Waste Management Plan (hereinafter "County Plan"); and
WHEREAS, the Borough Council has determined to make such
amendments to comply with the updated County Plan.
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 107 of the Madison Borough Code entitled "GARBAGE,
MUNICIPAL SOLID WASTE AND RECYCLABLES", shall be deleted and replaced
and amended in its entirety so as to read:
Chapter 107
GARBAGE, MUNICIPAL SOLID WASTE AND RECYCLABLES
Article I General Conditions and Definitions
§ 107-1. Authorization to adopt collection and
disposal rules and regulations.
|
A. |
The Borough Council may make provision, either by
contract or through its own employees or otherwise, as circumstances may
require, for the collection and disposal of commercial and residential
solid waste and recyclables; and it may also determine from time to time
the extent and frequency of collections and make suitable rules and
regulations with respect to the same. |
|
B. |
The Borough Council may from time to time determine
what material may be placed for collection as commercial and/or
residential solid waste and as recyclables and may change the designations
of each as conditions require in accordance with the Morris County Solid
Waste Management Plan. |
§ 107-2. Definitions.
A. As used in this chapter the following terms shall have the meanings
indicated:
COMMINGLED RECYCLABLES — Glass bottles and jars, aluminum
cans, bimetal cans, tin cans and plastic bottles;
DESIGNATED RECYCLABLE MATERIALS- means those materials
designated within the Morris County District Solid Waste Management Plan to be
source separated for the purpose of recycling. These materials include:
Aluminum Cans - Cans made from aluminum that was
manufactured to hold a serving of a beverage. Specifically omitted from
this definition are aluminum foil and aluminum pie plates.
Glass Bottles and Jars - Bottles and jars made from
glass including clear, brown and green glass. A bottle is defined as a
receptacle having a narrow neck and a mouth that can be corked or capped.
A jar is defined as a wide mouthed container that can be capped. Caps and
lids not included. Specifically omitted from this definition are drinking
glasses, windows, mirrors, light bulbs, and anything made of Pyrex
®
or ceramic.
Plastic Bottles (coded 1 and 2) - Plastic bottles coded
to indicate that they are comprised of the specific types of plastic
compounds (polymers) known as polyethylene terephthalate (PETE) or high
density polyethylene (HDPE). See symbols to the left. A bottle is defined
as a receptacle having a narrow neck and a mouth that can be corked or
capped. Caps and lids not included. Any item made of plastic that is not a
bottle, and any plastic bottle without one of the symbols shown to the
left is specifically omitted from this definition. Empty bottles which
contained hazardous materials, such as motor oil, antifreeze, etc. should
not be recycled.
Steel (Tin) Cans - An air-tight container for the
distribution or storage of goods, composed of thin, usually ferrous,
metal. Examples are soup cans and tuna fish cans.
Newspaper - A publication containing news, information
and advertising, usually printed on low-cost paper called newsprint.
Newspaper may include glossy inserts which come with the paper, dependent
upon the market conditions at the time.
Corrugated Cardboard - Shipping containers made with
kraft paper linerboard and corrugated medium.
Mixed Paper - Various categories of recyclable paper
including, but not limited to white and colored paper used in printers,
photocopiers and fax machines, white and colored ledger paper, carbonless
copy paper, construction paper, undeliverable mail, mailed promotional
letters/advertisements/circulars, magazines, catalogues, envelopes, soft
cover books.
Leaves - Vegetative material, typically generated in
the autumn when they fall from trees and then are raked from residents'
and/or commercial lawns.
Grass Clippings - Vegetative material generated when
grass (lawns) are cut.
Brush - Branches,
woody plants and other similar vegetative material. Leaves and grass do
not constitute brush.
Natural Wood Waste - Logs, stumps, branches and other
wood tree parts. Dimensional lumber is omitted from inclusion in this
definition.
Oil-Contaminated Soil - Non-hazardous soil that
contains petroleum hydrocarbons (gasoline, diesel, kerosene, jet fuel, #4
& #6 heating oils and certain other refinery products including coal
tar). This type of soil shall be determined to be non-hazardous in
accordance with the standards set forth in N.J.A.C. 7:26.
Used Motor Oil - Motor oil from motor vehicles, lawn
mowers, boats, etc., which has served its intended useful purpose.
Lead-Acid Batteries -
Storage batteries in which
the electrodes are grids of lead containing lead oxides that change in
composition during charging and discharging, and the electrolyte is dilute
sulfuric acid. These include starting batteries such as car batteries that
deliver a short burst of high power to start the engine. In addition, they
may include deep cell batteries found on boats or campers used to power
accessories like trolling motors, winches or lights.
Hazardous Dry Cell Batteries -
Rechargeable
batteries, such as nickel-cadmium, nickel-iron, nickel metal hydride,
lithium ion, small sealed lead acid, etc. These are often used as
substitutes for non-rechargeable batteries in standard sizes such as AAA,
AA, C, D and 9V. Rechargeable batteries are commonly found in cordless
tools, cellular and cordless phones, laptop computers, cameras, remote
controls, toys, etc. Also included in this definition are non-rechargeable
batteries that are hazardous as defined by the Resource Conservation
Recovery Act ("RCRA"), regardless of the RCRA exclusion of
household waste from the definition of hazardous waste pursuant to 40
C.F.R. 261.4(b). Non-rechargeable, hazardous batteries include older
alkaline and carbon zinc batteries as well as silver oxide, mercury and
magnesium button-type batteries, etc. It should be noted that domestically
manufactured alkaline and carbon zinc non-rechargeable batteries made
after circa 1994 eliminated mercury content to the point that they should
not be considered RCRA hazardous and therefore are not included in this
material category.
Metal Appliances - Appliances composed predominantly of
metal, and may include stoves, washing machines and dryers, for example,
if the appliance is predominantly metal. Also included are air
conditioners, refrigerators and dehumidifiers if they are predominantly
metal. If these appliances on the latter list contain refrigerants that
are prohibited by the Clean Air Act from being knowingly vented, the
refrigerant must be recovered accordingly.
Whole Tires* - Tires that are whole, not chipped into
small pieces.
*Tires are allowed to be recycled and/or incinerated for
energy recovery.;
ELECTRONIC WASTE – shall mean a computer central
processing unit and associated hardware including keyboards, modems, printers
scanners and fax machines; a cathode ray tube, a cathode ray tube device, a
flat panel display or similar video display device with a screen that is
greater than 4 inches measured diagonally and that contains one or more
circuit boards, including a television, and cell phones.
MEDICAL FACILITY — Offices of physicians and dentists,
veterinary clinics, medical testing laboratories, hospitals, health-care
facilities and other establishments which generate medical waste.
MEDICAL WASTE — All solid waste generated by a medical
facility, including but not limited to tongue depressors, cotton swabs,
medical gloves, surgical gowns, table paper, bandages and gauze, needles and
syringes, pathological wastes, liquids, throat cultures and similar waste
material. This term shall not include office waste, food waste and other solid
waste which is unrelated to any medical use.
MEDICAL WASTE, INFECTIOUS — All medical waste which
consists of needles and syringes, pathological wastes, all liquids in excess
of 20 cubic centimeters, throat cultures and similar waste.
MEDICAL WASTE, NONINFECTIOUS — All medical waste which
does not constitute "infectious medical waste."
MULTIFAMILY DWELLING – means any building or structure,
or complex of buildings in which three or more dwelling units are
owner-occupied or rented or leased, or offered for rental or lease, for
residential purposes (see NJSA 13:1E-99.13a.) and shall include hotels,
motels, or other guest houses serving transient or seasonal guests as those
terms are defined under subsection (j) of section 3 of the "Hotel and
Multiple Dwelling Law," P.L. 1967, c. 76 (C.55: 13A-1 et seq.).
MUNICIPAL RECYCLING COORDINATOR – means the person or
persons appointed by the municipal governing body to fulfill the
requirements of the Morris County Solid Waste Management Plan and the New
Jersey Statewide Mandatory Source Separation and Recycling Act and those
rules and regulations promulgated therefore.
MUNICIPAL RECYCLING ENFORCEMENT COORDINATOR – means the
person or persons named by the municipality who shall fulfill the
responsibilities with respect to recycling enforcement coordination detailed
in the March 2007 Morris County Solid Waste Management Plan Amendment
Section 8.6. This person may be the same person designated as the Municipal
Recycling Coordinator.
MUNICIPAL SOLID WASTE (MSW) STREAM – means all solid
waste generated at residential, commercial, and institutional establishments
within the boundaries of the municipality of the Borough of Madison which is
not bulky waste or construction and demolition debris.
RECYCLABLE MATERIAL – means those materials which would
otherwise become solid waste, and which may be collected, separated, or
processed and returned to the economic mainstream in the form of raw
materials or products.
SOURCE-SEPARATED RECYCLABLE MATERIALS – means
recyclable materials which are separated at the point of generation by the
generator thereof from solid waste for the purposes of recycling.
SOURCE SEPARATION – means the process by which
recyclable materials are separated at the point of generation by the
generator thereof from solid waste for the purposes of recycling.
B. All other definitions and regulations for the collection,
transportation and disposal of residential and commercial solid waste and
recyclables are set forth in the current contracts for curbside collection and
disposal of solid waste and curbside collection and disposal of recyclables
executed by the borough with private corporations. These contracts are on file
in the office of the Borough Clerk and may be examined upon request.
§ 107-3 Source Separation; Exemption
From Source Separation Requirements
A. Mandatory source separation: It shall be mandatory for
all persons who are owners, tenants, or occupants of residential and
non-residential premises, which shall include but not be limited to retail and
other commercial locations, as well as government, schools and other
institutional locations within the municipality of the Borough of Madison, to
separate designated recyclable materials from all solid waste. Designated
recyclable materials shall be deposited separate and apart from other solid
waste generated by the owners, tenants, or occupants of such premises.
Designated recyclable materials shall be placed separately at the curb in a
manner and on such days and times as may be hereinafter established by
regulations promulgated by the Borough of Madison.
B. Exemptions: Pursuant to N.J.S.A. 13:1E-99.16.6.(d), the
governing body of a municipality may exempt persons occupying commercial or
institutional premises within its municipal boundaries from the source
separation requirements of the ordinance which requires persons generating
municipal solid waste within its municipal boundaries to source separate from
the municipal solid waste stream, the specified recyclable materials if those
persons have otherwise provided for the recycling of all designated recyclable
materials. To be eligible for an exemption pursuant to this Chapter, a
commercial or institutional generator of solid waste shall file an application
for exemption with the municipal recycling coordinator on forms to be provided
for this purpose. The form shall include, at a minimum, the following
information: the name of the commercial or institutional entity; the street
address location and lot and block designation; the name, official title and
phone number of the person making application on behalf of the commercial or
institutional entity; the name, address, official contact person and telephone
number of the facility which provides the service of recycling those
designated recyclable materials, and a certification that the designated
recyclable materials will be recycled, and that, at least on an annual basis,
said recycling service provider or commercial/institutional generator shall
provide written documentation to the municipal recycling coordinator of the
total number of tons collected and recycled for each designated material.
§ 107-4. Preparation for collection; prohibited
locations.
|
A. |
All residential and commercial solid waste and
recyclables shall be placed at the curbside or other collection area
designated by the borough for collection, and the same shall be placed in
appropriate containers for collection as described herein and pursuant to
contract regulations. Containers shall be placed as near as possible to or
along the curbside. |
|
B. |
No refuse, grass clippings, yard waste, hedge
clippings, shrubbery clippings, tree branches, tree cuttings or other
similar material shall be placed, pushed, blown, raked or swept in or onto
any public walk or sidewalk so as to interfere with public travel. |
|
C. |
Curbside collection of solid waste and recyclables is
prohibited on Main Street from Park Avenue to Prospect Street, on Park
Avenue from Main Street to Ridgedale Avenue, on Waverly Place and on
Lincoln Place. For these locations, a collection point must be
established, maintained and kept clear at the rear of the building. Where
multiple commercial and/or residential establishments use the same
collection point, each container must be clearly marked to identify the
owner. |
|
D. |
No leaves, grass clippings, hedge clippings, tree
branches, tree cuttings, yard waste or other similar material shall be
placed in any manner in any street at any time. Leaves placed for
collection during fall pickup shall not be placed in any manner in a
street. |
§ 107-5. Containers.
|
A. |
Each resident or commercial establishment shall be
responsible for providing sufficient containers so as to keep all solid
waste and recyclables contained therein, except for those items defined in
the contract as "large items" which are too large to fit into a
container. Such containers shall be watertight and strong enough so that
their contents do not fall out when the containers are picked up and
emptied. |
|
B. |
Solid waste shall be placed in garbage cans such that
the container and its contents shall not weigh more than 80 pounds. Such
garbage cans shall not exceed 39 gallons in capacity and shall have
tight-fitting lids and handles. |
|
C. |
Commingled recyclables shall be placed in reusable
containers or garbage cans such that the container and its contents shall
not weigh more than 80 pounds. |
|
D. |
Newsprint may be combined and placed in strong brown
kraft paper bags or tied in bundles. Bundles shall not weigh more than 25
pounds each. |
|
E. |
Yard waste, other than leaves, shall be placed in
containers not greater than thirty-gallon capacity. The container and its
contents shall not weigh more than 80 pounds. Twigs and branches shall be
cut to no more than four-foot lengths and may be tied with twine or heavy
cotton cord. |
§ 107-6. Hours for collection.
|
A. |
No solid waste or recyclables shall be place at the
curbside or collection area before 7:00 p.m. on the evening before the day
of collection, except as otherwise provided in this chapter. |
|
B. |
No container, receptacle or uncollected material shall
be left at the curbside or collection area later than 8:00 p.m. on the day
of collection. |
§ 107-7. Metal appliances; charge for removal.
|
A. |
Metal appliances, defined in § 107-2, including
stoves, refrigerators, freezers, washing machines, dryers, dish washers
and air conditioners may be placed at the curbside no more than two days
prior to the day of collection. Refrigerator and freezer doors and any
other dangerous attachments must be removed prior to placement for
collection. |
|
B. |
Metal appliances will be picked up by borough
employees. Prior arrangements must be made with the Public Works
Department. A charge will be imposed for their removal as set forth in
§ 107-8. |
§ 107-8. Fees for collection.
The following fees will be charged for the pickup of
refrigerators, freezers, air conditioners and other white goods and heavy
appliances. Fees are to be paid to the Borough Clerk prior to making
arrangements for pickup.
|
A. |
Refrigerators and freezers containing Freon: $25. |
|
B. |
Air conditioners: $25. [Amended 8-11-2003 by Ord. No. 37-2003] |
|
C. |
All other metal appliances: $25. [Amended 8-11-2003 by
Ord. No. 37-2003] |
§ 107-9. Cleanup.
The owner of any receptacle, container, packaged or bundled
solid waste and/or recyclable placed for collection shall be responsible for
cleaning and policing the curbside or collection area in the event that said
receptacle, container, package or bundle is broken and the solid waste and/or
recyclable is scattered.
§ 107-10. Dogs.
No person owning, keeping or harboring a dog shall permit,
suffer or allow said dog to damage any receptacle or container or to scatter or
otherwise disturb any garbage and/or recyclables placed for collection.
§ 107-11. Residential Dwelling Compliance Requirements
The owner of any property shall be responsible for compliance
with this Ordinance. For multifamily units, the management or owner is
responsible for setting up and maintaining the recycling system, including
collection of recyclable materials, in accordance with guidelines or regulations
established by the appropriate municipal office. Violations and penalty notices
will be directed to the owner or management, in those instances where the
violator is not easily identifiable. The management shall issue notification and
collection rules to new tenants when they arrive and every 6 months during their
occupancy.
§ 107-12. Non-Residential Establishment Compliance Requirements
A. All non-residential generators, including commercial,
industrial and institutional establishments, of solid waste shall be required
to comply with the provisions of this Ordinance.
B. The arrangement for collection of designated recyclables
hereunder shall be the responsibility of the commercial, institutional or
industrial property owner or their designee, unless the municipality provides
for the collection of designated recyclable materials. All commercial,
institutional or industrial properties which provide outdoors litter
receptacles and disposal service for their contents shall also provide
receptacles for designated recyclable materials, for those materials commonly
deposited, in the location of the litter receptacle, and shall provide for
separate recycling service for their contents.
C. All non-residential facilities shall report on an annual
basis to the Municipal Recycling Coordinator, on such forms as may be
prescribed, on recycling activities at their premises, including the amount of
recycled material, by material type, collected and recycled and the vendor or
vendors providing recycling service.
D. All food service establishments, as defined in the
Health Code, shall, in addition to compliance with all other recycling
requirements, be required to recycle grease and/or cooking oil created in the
processing of food or food products, and maintain such records as may be
prescribed, for inspection by any code enforcement officer.
Article II New Developments of Certain Properties
§ 107-13 New Developments of Multi-Family Residential Units or Commercial,
Institutional, or Industrial Properties (Pursuant to N.J.S.A. 13:1E-99.13a and
99.16.6.c.)
A. Any application to the planning board of the Borough of
Madison, for subdivision or site plan approval for the construction of
multi-family dwellings of three or more units, single family developments of
50 or more units or any commercial, institutional, or industrial development
for the utilization of 1,000 square feet or more of land, must include a
recycling plan. This plan must contain, at a minimum, the following:
1) A detailed analysis of the expected composition and
amounts of solid waste and recyclables generated at the proposed
development; and
2) Locations documented on the application’s site plan
that provide for convenient recycling opportunities for all owners, tenants,
and occupants. The recycling area shall be of sufficient size, convenient
location and contain other attributes (signage, lighting, fencing, etc.) as
may be determined by the municipal recycling coordinator.
B. Prior to the issuance of a Certificate of Occupancy by
the Borough of Madison, the owner of any new multi-family housing or
commercial, institutional, or industrial development must supply a copy of a
duly executed contract with a hauling company for the purposes of collection
and recycling of source-separated recyclable materials, in those instances
where the municipality does not otherwise provide this service.
C. Provision shall be made for the indoor, or enclosed
outdoor, storage and pickup of solid waste, to be approved by the municipal
engineer.
§ 107-14 Prohibition of the Collection of Solid Waste Mixed with Recyclable
Materials
A. It shall be unlawful for solid waste collectors to
collect solid waste that is mixed with, or contains visible signs of,
designated recyclable materials. It is also unlawful for solid waste
collectors to remove for disposal those bags or containers of solid waste
which visibly display a warning notice sticker or some other device indicating
that the load of solid waste contains designated recyclable materials.
B. It shall be the responsibility of the resident or
occupant to properly segregate the uncollected solid waste for proper disposal
or recycling. Allowing such unseparated solid waste and recyclables to
accumulate will be considered a violation of this article and the local
sanitary code.
C. Once placed in the location identified by this
Ordinance, or any rules or regulations promulgated pursuant to this Ordinance,
no person, other than those authorized by the municipality, shall tamper with,
collect, remove, or otherwise handle designated recyclable materials.
ARTICLE III Enforcement, Penalties and Regulations
§ 107-15. Enforcement; random inspections.
|
A. |
Except as otherwise provided, provisions of this
chapter shall be enforced by the Madison Superintendent of Public Works.
The Superintendent may delegate said enforcement responsibilities to one
or more employees of the Borough of Madison as deemed necessary and
appropriate for effective enforcement. |
|
B. |
Random inspections of garbage set out for collection
can be conducted in order to determine if recyclable materials are
included. |
|
C. |
The provisions of Article VI, Medical Waste, shall be
enforced by the Madison Health Officer. The Health Officer may delegate
said enforcement responsibilities to one or more employees of the Borough
of Madison as deemed necessary and appropriate for effective enforcement. |
§ 107-16. Violations and penalties.
Any person, corporation, occupant, or entity that violates or
fails to comply with any provision of this ordinance or any of the rules and
regulations promulgated hereunder shall, upon conviction thereof, be punishable
by a fine not less than $25, nor more than $1,000. Each day such violation shall
be continued shall be deemed to be a separate and distinct offense.
§ 107-17. Regulations.
The Superintendent of Public Works and the Recycling
Coordinator are hereby authorized and directed to promulgate such reasonable
regulations as necessary for the efficient operation of the solid waste and
recycling collection programs, respectively, including but not limited to the
manner, days and times of collection. Said regulations may also establish
reasonable exceptions from the recycling requirements, such as for physically
disabled or handicapped persons. Such regulations shall take effect only after
adoption by resolution of the Borough Council. Such regulations may be amended
from time to time by the same procedure as deemed necessary and appropriate.
ARTICLE IV Recyclable Materials
§ 107-18. Recycling mandated.
|
A. |
There is hereby established a mandatory recycling
program for all residential, commercial and institutional establishments
of the borough for the purpose of separating recyclable materials, as
defined in § 107-2, from other waste. |
|
B. |
As set forth in N.J.S.A. 13:1E-99.13.3.b.(4)(c), and
section 9.2 (b) of the Morris County Solid Waste Management Plan, the
Borough of Madison accepts the goal of 50% recycling of municipal solid
waste by 2015 and shall monitor its level of recycling and solid waste
disposal and shall strive to achieve the recycling of 50% of the municipal
solid waste generated within its borders. |
|
C. |
To achieve the fifty-percent objective, all residential
dwellings, institutional, commercial and industrial businesses shall
source separate designated materials from all other solid waste for
recycling. |
|
D. |
All persons who are owners, lessees or occupants of any
residential or commercial property in the Borough of Madison shall
separate and exclude all recyclable materials, as defined herein and as
may be changed or augmented from time to time by the Borough Council or
other governmental agency of competent jurisdiction, from all other solid
waste which is put at the curbside or other collection point for
collection. |
|
E. |
In multi-generator buildings, such as apartment
buildings, hotels, condominiums or office buildings, the building
management as well as the generator shall be responsible for compliance
with material source separation recycling requirements mandated by the
County of Morris and the Borough of Madison. |
§ 107-19. Disposal of recyclable materials.
|
A. |
Commingled recyclables, newsprint and residential
corrugated cardboard shall be placed in containers or bundled as described
in § 107-4 and placed at the curbside or other designated collection
area or may be brought to the Recycling Center at the Public Works Garage. |
|
B. |
The owner, lessee or occupant of any commercial
establishments shall be responsible for disposing of all recyclable
materials through private contracts. Commingled recyclables, newsprint,
office paper and/or cardboard may also be brought to the Recycling Center
at the Public Works Garage. Documentation of recycling must be provided to
the Recycling Coordinator as required. |
|
C. |
Yard waste shall be placed in containers or tied as
described in § 107-4 and placed at the curbside or other designated
collection area. |
|
D. |
Tires are to be brought to service stations or tire retailers. |
|
E. |
Vehicular batteries and motor oil are to brought to service stations. |
|
F. |
Metal appliances are to be set at the curbside or other
designated collection area to be picked up by borough employees as
directed in § 107-7. |
|
G. |
Oil-contaminated soil and natural wood waste shall be
brought to an accredited recycling facility. |
|
H. |
Household batteries are to be brought to the county
recycling center during designated hazardous waste days. |
§ 107-20. Commingled recyclables.
Prior to disposal, said owners, lessees or occupants shall
remove the caps and shall rinse out glass and plastic bottles and aluminum and
tin cans.
§ 107-21. Unauthorized collection prohibited.
From the time that recyclable materials are placed at the
curbside for collection they shall become the property of the Borough of Madison
or its authorized agents. It shall be a violation of this Article for any person
to collect, pick up or cause to be collected or picked up any such material
unless expressly authorized by the Borough of Madison. Each and every such
unauthorized collection in violation of this section shall constitute a separate
and distinct offense and may be punishable as provided in §107-16.
§ 107-22. Sale or donation of recyclable
materials permitted.
Nothing contained in this Article shall be deemed to prohibit
any owner, lessee or occupant of any premises in the Borough of Madison from
taking any recyclable material to any recycling center for sale or donation, nor
shall it prohibit drives by nonprofit organizations or groups from collecting
recyclable materials. Any such nonprofit organization or group shall obtain a
permit from the Borough Clerk to conduct a recyclable materials collection
drive.
ARTICLE V Recycling Coordinator
§ 107-23. Appointment.
The Recycling Coordinator shall be appointed by the Borough
Council, upon the recommendation of the Administrator, and shall be compensated
as set forth in the Salary Ordinance. Editor's Note: See Ch. 42, Salaries and
Compensation.
§ 107-24. Duties.
|
A. |
The Recycling Coordinator shall compile all recycling
documentation and shall file reports to the County of Morris and State of
New Jersey as required and prescribed by laws or rules and regulations
passed pursuant thereto. |
|
B. |
The Recycling Coordinator shall from time to time make
recommendations to the Borough Council for changes in the recycling
program which will enhance its effectiveness and/or bring it into
compliance with changes in the law. |
|
C. |
The Recycling Coordinator shall assist the Clean
Communities Coordinator implementing the New Jersey Clean Communities
Grant Program. |
§ 107-25. Distribution of public information.
The Recycling Coordinator shall prepare and distribute public
information to residential, commercial, educational and nonprofit organizations
and houses of worship in the Borough of Madison and other entities as enumerated
in the Morris County Solid Waste Management Plan, which will promote and/or
facilitate recycling and to summarize the recycling program and the general
regulations of this chapter.
ARTICLE VI Medical Waste
§ 107-26. Separation of medical waste required;
applicability.
|
A. |
All medical facilities shall exclude all medical waste
from all solid waste to be collected as part of the regular solid waste
collection service within the Borough of Madison. The operator of such
medical facility shall be responsible, at his or her own cost and expense,
for making separate contractual arrangements for the collection and
disposal of all medical waste in a lawful manner, which may require
separate arrangements for infectious and noninfectious medical waste. |
|
B. |
The foregoing exclusion of medical waste from all other
solid waste shall not apply to waste such as diapers, pill vials and
bandages generated by an individual residential household; provided,
however, that it shall be unlawful for medical waste from a medical
facility to be included with any solid waste placed for collection at a
residence or any other location as part of the regular solid waste
collection service within the Borough of Madison. |
§ 107-27. Collection of nonmedical solid waste
from medical facilities.
The collection of nonmedical waste from medical facilities
shall be provided in accordance with the applicable solid waste collection
contract provided for by § 107-2B of this chapter; provided, however, that
as a condition of such collection of nonmedical waste, the collection contractor
may impose additional requirements, such as but not limited to the provision by
the operator of a medical facility of satisfactory proof and/or a certification
that separate contractual arrangements have been made for the collection and
disposal of all medical waste from the medical facility and that no medical
waste will be included with the nonmedical solid waste.
§ 107-28. Liability for borough costs.
Any person who fails to exclude medical waste from solid
waste collected as part of the normal solid waste collection service within the
borough in contravention of the requirements of this Article shall be liable for
any additional costs imposed upon the borough in connection with the disposal of
said medical waste.
ARTICLE VII Severability
§ 107-29. Severability.
If any section, sentence or any part of this chapter is
adjudged unconstitutional or invalid, such judgment shall not affect, impair or
invalidate the remainder of this chapter.
Mr. Elias moved that Ordinance 19-2008, which was read by title, be finally
adopted as amended. Dr. Esposito seconded the motion. There was no Council
discussion and the motion passed with the following roll call vote recorded:
Yeas: Ms. Baillie, Mrs. Vitale, Mr. Elias
Mr. Conley, Mrs. Tsukamoto, Dr. Esposito
Nays: None
Mayor Holden declared Ordinance 19-2008 adopted as amended and finally passed
and ordered the Clerk to publish the notice thereof in the newspaper and to
record the ordinance as required by law.
Note to file: the Hearing on Ordinance 20-2008 is scheduled for April 28,
2008.
Introduction of Ordinances
The Borough Clerk stated that Ordinances set for first reading will have a
hearing date set for April 28, 2008, will be published in the Madison Eagle and
made available to members of the public requesting copies.
Mayor Holden called up ordinances for first reading and asked the Borough
Clerk to read said ordinances by title:
ORDINANCE 21-2008
ORDINANCE OF THE BOROUGH OF MADISON APPROPRIATING $8,000.00
FROM THE FUND BALANCE ACCOUNT CONTAINED IN THE GENERAL CAPITAL FUND TO PURCHASE
DOOR FOR SALT SHED
WHEREAS, the Superintendent of Public Works has
recommended that the Borough appropriate $8,000.00 from the Fund Balance Account
contained in the General Capital Fund to purchase a new door for the salt shed;
and
WHEREAS, the Director of Finance has attested
to the availability of the funds in the Fund Balance Account contained in the
General Capital Fund in an amount not to exceed $8,000.00 for this purpose; and
WHEREAS, the Borough Council has determined
that the Borough should appropriate $8,000.00 from the Fund Balance Account
contained in the General Capital Fund to purchase a new door for the salt shed;
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 $8.000.00 is hereby
appropriated from the Fund Balance Account contained in the General Capital Fund
to purchase a new door for the salt shed.
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.
Mr. Elias moved that Ordinance 21-2008, which the Borough Clerk read by
title, be adopted. Dr. Esposito seconded the motion. There was no Council
discussion and the motion passed with the following roll call vote recorded:
Yeas: Ms. Baillie, Mrs. Vitale, Mr. Elias
Mr. Conley, Mrs. Tsukamoto, Dr. Esposito
Nays: None
ORDINANCE 22-2008
ORDINANCE OF THE BOROUGH OF MADISON APPROPRIATING
$25,000.00 FROM THE GENERAL CAPITAL IMPROVEMENT FUND TO PURCHASE A ONE-TON
ROLLER
WHEREAS
, the
Superintendent of Public Works has recommended that the Borough appropriate
$25,000.00 from the General Capital Improvement Fund to purchase a one-ton
roller; 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 $25,000.00 for this purpose; and
WHEREAS, the Borough Council has determined
that the Borough should appropriate $25,000.00 from the General Capital
Improvement Fund to purchase a one-ton roller; 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 $25,000.00 is hereby
appropriated from the General Capital Improvement Fund to purchase a one-ton
roller.
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.
Mr. Elias moved that Ordinance 22-2008, which the Borough Clerk read by
title, be adopted. Dr. Esposito seconded the motion. There was no Council
discussion and the motion passed with the following roll call vote recorded:
Yeas: Ms. Baillie, Mrs. Vitale, Mr. Elias
Mr. Conley, Mrs. Tsukamoto, Dr. Esposito
Nays: None
ORDINANCE 23-2008
ORDINANCE OF THE BOROUGH OF MADISON APPROPRIATING
$50,000.00 FROM THE FUND BALANCE ACCOUNT CONTAINED IN THE GENERAL CAPITAL FUND
TO PURCHASE 5 SPREADERS AND ACCESSORIES
WHEREAS
, the
Superintendent of Public Works has recommended that the Borough appropriate
$50,000.00 from the Fund Balance Account contained in the General Capital Fund
to purchase five spreaders and accessories; and
WHEREAS, the Director of Finance has attested
to the availability of the funds in the Fund Balance Account contained in the
General Capital Fund in an amount not to exceed $50,000.00 for this purpose; and
WHEREAS, the Borough Council has determined
that the Borough should appropriate $50,000.00 from the Fund Balance Account
contained in the General Capital Fund to purchase five spreaders and
accessories; 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 $50,000.00 is hereby
appropriated from the Fund Balance Account contained in the General Capital Fund
to purchase five spreaders and accessories.
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.
Mr. Elias moved that Ordinance 23-2008, which the Borough Clerk read by
title, be adopted. Dr. Esposito seconded the motion. There was no Council
discussion and the motion passed with the following roll call vote recorded:
Yeas: Ms. Baillie, Mrs. Vitale, Mr. Elias
Mr. Conley, Mrs. Tsukamoto, Dr. Esposito
Nays: None
ORDINANCE 24-2008
ORDINANCE OF THE BOROUGH OF MADISON APPROPRIATING
$150,000.00 FROM THE FUND BALANCE ACCOUNT CONTAINED IN THE GENERAL CAPITAL
FUND TO PURCHASE A NEW CATCH BASIN CLEANER TRUCK & ACCESSORIES
WHEREAS
, the
Superintendent of Public Works has recommended that the Borough appropriate
$150,000.00 from the Fund Balance Account contained in the General Capital Fund
to purchase a new catch basin cleaner truck and accessories; and
WHEREAS, the Director of Finance has attested
to the availability of the funds in the Fund Balance Account contained in the
General Capital Fund in an amount not to exceed $150,000.00 for this purpose;
and
WHEREAS, the Borough Council has determined
that the Borough should appropriate $150,000.00 from the Fund Balance Account
contained in the General Capital Fund to purchase a new catch basin cleaner
truck and accessories; 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 $150,000.00 is hereby
appropriated from the Fund Balance Account contained in the General Capital Fund
to purchase a new catch basin cleaner truck and accessories.
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.
Mr. Elias moved that Ordinance 24-2008, which the Borough Clerk read by
title, be adopted. Dr. Esposito seconded the motion. There was no Council
discussion and the motion passed with the following roll call vote recorded:
Yeas: Ms. Baillie, Mrs. Vitale, Mr. Elias
Mr. Conley, Mrs. Tsukamoto, Dr. Esposito
Nays: None
ORDINANCE 25-2008
ORDINANCE OF THE BOROUGH OF MADISON APPROPRIATING
$30,000.00 FROM THE WATER CAPITAL IMPROVEMENT FUND FOR COMPUTER UPGRADES AND
REPLACEMENTS IN THE WATER SYSTEM WATER WELLS
WHEREAS, the Superintendent of Public Works has
recommended that the Borough appropriate $30,000.00 from the Water Capital
Improvement Fund for computer upgrades and replacements in the water system
water wells; 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 $30,000.00 for this purpose; and
WHEREAS, the Borough Council has determined
that the Borough should appropriate $30,000.00 from the Water Capital
Improvement Fund for computer upgrades and replacements in the water system
water wells; and
NOW, THEREFORE, BE IT ORDAINED by the Council of
the Borough of Madison, in the County of Morris and State of New Jersey, as
follows:
SECTION 1: The amount of $30,000.00 is hereby
appropriated from the Water Capital Improvement Fund for computer upgrades and
replacements in the water system water wells.
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.
Mr. Elias moved that Ordinance 25-2008, which the Borough Clerk read by
title, be adopted. Dr. Esposito seconded the motion. There was no Council
discussion and the motion passed with the following roll call vote recorded:
Yeas: Ms. Baillie, Mrs. Vitale, Mr. Elias
Mr. Conley, Mrs. Tsukamoto, Dr. Esposito
Nays: None
ORDINANCE 26-2008
ORDINANCE OF THE BOROUGH OF MADISON AMENDING ORDINANCE
36-2006 APPROPRIATING $300,000.00 TO ADD FOUR MORE STREETS FOR MILLING AND
OVERLAY: LYNWOOD PLACE, CRESTWOOD DRIVE, ROSEWOOD DRIVE AND COOK AVENUE
WHEREAS, Ordinance 36-2006 of the Borough of
Madison appropriated $300,000.00 from the General Capital Improvement Fund for
the 2006 milling and overlay projects of Bruns Street, Buckingham Drive,
Canterbury Road, Norman Circle, and Oxford Lane; and
WHEREAS, Ordinance 76-2007 amended Ordinance
36-2006 to include Colonial Way, Olde Greenhouse Lane, and Danforth Road between
Morris Place and Madison Avenue; and
WHEREAS, the Superintendent of Public Works has
recommended that the Borough further amend Ordinance 36-2006 to authorize
additional scope of work for the milling and overlay projects to include Lynwood
Place, Crestwood Drive, Rosewood Drive and Cook Avenue; and
WHEREAS, the Superintendent of Public Works has
also recommended that the capital budget be amended to include these projects,
and the cost will be the current balance of Ordinance 36-2006; 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 the current balance of Ordinance
36-2006; 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 Lynwood Place, Crestwood
Drive, Rosewood Drive and Cook 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 Lynwood
Place, Crestwood Drive, Rosewood Drive and Cook 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.
Mr. Elias moved that Ordinance 26-2008, which the Borough Clerk read by
title, be adopted. Dr. Esposito seconded the motion. It was noted that there is
no new appropriation, the funds are in place from Ordinance 36-2006, and that
ordinance is being amended as to purpose to add four more streets. There was no
further discussion, and the motion passed with the following roll call vote
recorded:
Yeas: Ms. Baillie, Mrs. Vitale, Mr. Elias
Mr. Conley, Mrs. Tsukamoto, Dr. Esposito
Nays: None
ORDINANCE 27-2008
ORDINANCE OF THE BOROUGH OF MADISON APPROPRIATING $10,000.00
FROM THE GENERAL CAPITAL IMPROVEMENT FUND FOR EQUIPMENT INCLUDING RUBBER MATS
FOR THE APPARATUS FLOOR, A FLOOR SCRUBBER, ADDITIONAL SHELVING AND VACUUMS FOR
THE FIRE DEPARTMENT
WHEREAS, the Fire Chief has recommended that the
Borough appropriate $10,000.00 from the General Capital Improvement Fund for
equipment including rubber mats for the apparatus floor, a floor scrubber,
additional shelving and vacuums for the Fire Department; and
WHEREAS, the Director of Finance has attested
to the availability of the funds in the General Capital Improvement Fund in an
amount not to exceed $10,000.00 for this purpose; and
WHEREAS, the Borough Council has determined
that the Borough should appropriate $10,000.00 from the General Capital
Improvement Fund for equipment including rubber mats for the apparatus floor, a
floor scrubber, additional shelving and vacuums 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 $10,000.00 is hereby
appropriated from the General Capital Improvement Fund for equipment including
rubber mats for the apparatus floor, a floor scrubber, additional shelving and
vacuums 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.
Mrs. Vitale moved that Ordinance 27-2008, which the Borough Clerk read by
title, be adopted. Dr. Esposito seconded the motion. There was no Council
discussion and the motion passed with the following roll call vote recorded:
Yeas: Ms. Baillie, Mrs. Vitale, Mr. Elias
Mr. Conley, Mrs. Tsukamoto, Dr. Esposito
Nays: None
ORDINANCE 28-2008
ORDINANCE OF THE BOROUGH OF MADISON APPROPRIATING $6,000.00
FROM THE GENERAL CAPITAL IMPROVEMENT FUND FOR OFFICE EQUIPMENT INCLUDING COPIER
MACHINE, FAX MACHINE, PRINTER AND STORAGE UNIT WITH COUNTERTOP FOR THE MADISON
FIRE DEPARTMENT
WHEREAS, the Fire Chief has recommended that the
Borough appropriate $6,000.00 from the General Capital Improvement Fund for
office equipment including copier machine, fax machine, printer, and storage
unit with countertop; 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 $6,000.00 for this purpose; and
WHEREAS, the Borough Council has determined
that the Borough should appropriate $6,000.00 from the General Capital
Improvement Fund for office equipment including copier machine, fax machine,
printer, and storage unit with countertop; 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 $6,000.00 is hereby
appropriated from the General Capital Improvement Fund for office equipment
including copier machine, fax machine, printer, and storage unit with
countertop.
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 28-2008, which the Borough Clerk read by
title, be adopted. Mr. Conley seconded the motion. There was no Council
discussion and the motion passed with the following roll call vote recorded:
Yeas: Ms. Baillie, Mrs. Vitale, Mr. Elias
Mr. Conley, Mrs. Tsukamoto, Dr. Esposito
Nays: None
ORDINANCE 29-2008
ORDINANCE OF THE BOROUGH OF MADISON APPROPRIATING $8,000.00
FROM THE GENERAL CAPITAL IMPROVEMENT FUND FOR PURCHASE OF GUM BUSTER MACHINE AND
ACCESSORIES
WHEREAS, the Borough Administrator has recommended
that the Borough appropriate $8,000.00 from the General Capital Improvement Fund
for purchase of a GumBuster Gum Removal Machine and accessories; 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 $8,000.00 for this purpose; and
WHEREAS, the Borough Council has determined
that the Borough should appropriate $8,000.00 from the General Capital
Improvement Fund for purchase of a GumBuster Gum Removal Machine and
accessories; 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 $8,000.00 is hereby
appropriated from the General Capital Improvement Fund for purchase of a
GumBuster Gum Removal Machine and accessories.
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.
Dr. Esposito moved that Ordinance 29-2008, which the Borough Clerk read by
title, be adopted. Mrs. Tsukamoto seconded the motion. It was confirmed that the
next DDC meeting is on Thursday when they will be approached about contributing
to the purchase of the machine. There was no further discussion and the motion
passed with the following roll call vote recorded:
Yeas: Ms. Baillie, Mrs. Vitale, Mr. Elias
Mr. Conley, Mrs. Tsukamoto, Dr. Esposito
Nays: None
ORDINANCE 30-2008
ORDINANCE OF THE BOROUGH OF MADISON TO EXCEED THE
MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK IN
ACCORDANCE WITH N.J.S.A. 40A: 4-45.14 – CALENDAR YEAR 2008
WHEREAS
, the Local
Government Cap Law, N.J.S. 40A: 4-45.1 et seq., provides that in the
preparation of its annual budget, a municipality shall limit any increase in
said budget to 2.5% unless authorized by ordinance to increase it to 3.5% over
the previous year’s final appropriations, subject to certain exceptions; and
WHEREAS, N.J.S.A. 40A: 4-45.15a provides that a
municipality may, when authorized by ordinance, appropriate the difference
between the amount of its actual final appropriation and the 3.5% percentage
rate as an exception to its final appropriations in either of the next two
succeeding years; and
WHEREAS, the Borough Council of the Borough of Madison in
the County of Morris finds it advisable and necessary to increase its CY 2008
budget by up to 3.5% over the previous year’s final appropriations, in the
interest of promoting the health, safety and welfare of the citizens; and
WHEREAS, the Borough Council hereby determines that a 1%
increase in the budget for said year, amounting to $157,439.43 in excess of the
increase in final appropriations otherwise permitted by the Local Government Cap
Law, is advisable and necessary; and,
WHEREAS, the Borough Council hereby determines that
any amount authorized hereinabove that is not appropriated as part of the final
budget shall be retained as an exception to final appropriation in either of the
next two succeeding years.
NOW THEREFORE BE IT ORDAINED, by the Borough Council
of the Borough of Madison in the County of Morris, a majority of the full
authorized membership of this governing body affirmatively concurring, that, in
the CY 2008 budget year, the final appropriations of the Borough of Madison
shall, in accordance with this ordinance and N.J.S.A. 40A: 4-45.14, be
increased by 3.5%, amounting to $551,038.00 and that the CY 2008 municipal
budget for the Borough of Madison be approved and adopted in accordance with
this ordinance; and
BE IT FURTHER ORDAINED, that any amount authorized
hereinabove that is not appropriated as part of the final budget shall be
retained as an exception to final appropriation in either of the next two
succeeding years; and
BE IT FURTHER ORDAINED, that a certified copy of this
ordinance as introduced be filed with the Director of the Division of Local
Government Services within 5 days of introduction; and
BE IT FURTHER ORDAINED, that a certified copy of this
ordinance upon adoption, with the recorded vote included thereon, be filed with
said Director within 5 days after such adoption.
Ms. Baillie moved that Ordinance 30-2008, 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: Ms. Baillie, Mrs. Vitale, Mr. Elias
Mr. Conley, Mrs. Tsukamoto, Dr. Esposito
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. R 112-2008 and
R 114-2008 have been removed from the Consent Agenda. R 124-2008 was added to
the Agenda and read in full. It was pointed out that R 106-2008 names members of
the Ad Hoc Committee, and this was agreeable to all.
Mr. Conley moved adoption of the Resolutions listed on the Consent Agenda.
Mrs. Vitale seconded the motion, which passed with the following roll call vote
recorded:
Yeas
: Ms. Baillie, Mrs. Vitale, Mr. Elias
Mr. Conley, as to all but R 109-2008
Mrs. Tsukamoto, as to all but R 117-2008
Dr. Esposito
Nays: None
Abstain: Mr. Conley, as to R 109-2008
Mrs. Tsukamoto, as to R 117-2008
R 101 - 2008
RESOLUTION OF THE BOROUGH OF MADISON
APPROVING RENEWAL OF LIVERY OWNER’S LICENSES
FOR ROSE CITY LIMO INC. FOR 2008
BE IT RESOLVED, by the Council of the Borough of Madison, County
of Morris, State of New Jersey, that the following Livery Owner’s License
renewals be approved for the year 2008:
LICENSE NO. NAME Vehicle
22, 23, 24, Ann Marie Davies & 4 Liveries
25 Samuel Mantone t/a
Rose City Limo Inc.
R 102- 2008
RESOLUTION OF THE BOROUGH OF MADISON
APPROVING RENEWAL OF TAXI OWNER’S LICENSES
FOR E PLUS TRANSPORTATION INC. FOR 2008
BE IT RESOLVED, by the Council of the Borough of Madison, County
of Morris, State of New Jersey, that the following Taxi Owner's License renewals
be approved for the year 2008:
LICENSE NO. NAME Vehicle
26, 27, 28, George J. Enslin, t/a 9 Taxis
29, 30, 31, E Plus Transportation Inc.
32, 33, 34
R 103 – 2008
RESOLUTION OF THE BOROUGH OF MADISON APPROVING RAFFLES LICENSE
APPLICATIONS SUBMITTED BY EPOCH INC., MADISON COOPERATIVE NURSERY SCHOOL
INC. AND PTO CENTRAL AVENUE SCHOOL
BE IT RESOLVED by the Council of the Borough of Madison, County of
Morris, State of New Jersey, that the following applications for Raffles
Licenses, to be held as listed below, be and the same are hereby approved:
EPOCH INC.
I.D. No. 274-5-26960
R.A. No. 1074 – Off Premise
October 4, 2008
MADISON COOPERATIVE NURSERY SCHOOL INC.
I.D. No. 274-5-27821
R.A. No. 1078 – On Premise
May 2, 2008
PTO CENTRAL AVENUE SCHOOL
I.D. No. 274-5-23982
R.A. No. 1079 – On Premise
May 16, 2008
BE IT FURTHER RESOLVED that a certified copy of this
Resolution be forwarded to the Legalized Games of Chance Control Commission.
R 104-2008
RESOLUTION OF THE BOROUGH OF MADISON AMENDING RESOLUTION
85-2008 TO INCREASE THE AWARD BY $18, 430 FOR A TOTAL OF $42,160.00 TO
JOHNSTON COMMUNICATIONS VOICE & DATA UNDER STATE CONTRACT #A42287/T1316
FOR ELECTRICAL INFRASTRUCTURE IN THE BAYLEY-ELLARD BUILDING
WHEREAS, the Borough of Madison desires to increase the award
made by Resolution 85-2008 to Johnston Communications Voice & Data, an
authorized vendor under state contract #A42287/T1316, for electrical
infrastructure in the Bayley-Ellard building; and
WHEREAS, the purchase of goods and services through
State agency by local contracting units is authorized by the Local Public
Contracts Law, N.J.S.A. 40A:11-12, et seq; and
WHEREAS, Johnston Communications Voice and Data, P.O.
Box 390, Kearny, New Jersey has been awarded New Jersey State contract number
A42287/T1316; and
WHEREAS, the Network Administrator has recommended
that the Borough Council utilize this contract for installation of cables and
electrical wiring in the amount of $42,160.00 from the amount of $23,730.00
awarded by R 85-2008, which is an increase of $18,430.00; and
WHEREAS, the Director of Finance has attested that
funds will be available in an amount not to exceed $42,160.00 for this purpose.
NOW, THEREFORE, BE IT RESOLVED by the Council of the
Borough of Madison, in the County of Morris and State of New Jersey, as follows:
1. The purchase of installation of cables and electrical
wiring from Johnston Communications Voice and Data, at a total price not to
exceed $42,160.00 is hereby approved under the New Jersey State contract number
A42287/T1316, and Resolution R 85-2008 is hereby amended.
2. The Mayor and Borough Clerk are hereby authorized and
directed on behalf of the Borough to execute a purchase order and contract to
Johnston Communications Voice and Data for installation of cables and electrical
wiring at a total price not to exceed $42,160.00, in a form acceptable to the
Borough Attorney.
R 105-2008
RESOLUTION OF THE MADISON BOROUGH COUNCIL APPOINTING
ROBERT DUNNE TO THE POSITION OF PROBATIONARY FIREFIGHTER
WHEREAS, Fire Captain Lou DeRosa has recommended the
appointment of Robert Dunne to the position of probationary firefighter in the
paid division of the Madison Borough Fire Department; and
WHEREAS, Fire Captain Lou DeRosa certified that
Robert Dunne is a fully qualified firefighter; and
WHEREAS, the Mayor and Council have reviewed the
recommendation and accept the Fire Captain’s representations that Robert Dunne
has met all requirements to be a probationary firefighter in the paid division.
NOW, THEREFORE, BE IT RESOLVED by the Council of the Borough of
Madison, in the County of Morris and State of New Jersey, that Robert Dunne is
hereby appointed to the position of probationary firefighter in the paid
division of the Madison Borough Fire Department, effective April 28, 2008.
BE IT FURTHER RESOLVED, that he be compensated in accordance with the
terms of the Collective Bargaining Agreement between the Firemen’s Mutual
Benevolent Association Local No. 74 and the Borough.
R 106-2008
RESOLUTION OF THE BOROUGH OF MADISON NAMING THE AD HOC
ADVISORY COMMITTEE MEMBERS FOR THE MADISON RECREATION CENTER
WHEREAS
, the
Madison Recreation Center Development Ad Hoc Advisory Committee was formed by
Resolution 77-2008 and amended by Resolution 111-2008; and
WHEREAS, the Council submits the following
appointments to the Madison Recreation Center Development Ad Hoc Advisory
Committee to the Mayor:
Recreation Advisory Committee – Marty Horn
Open Space Advisory Committee – Dan Dunham
Parks Advisory Committee – Peter Ranieri
Environmental Commission – George Van Orden
Shade Tree Management Board – Gene Cracovia
At-large representative – Jennifer McCullough
Senior representative – Charles Courtney
Council liaisons – Robert Conley and Vincent Esposito
(backup Astri Baillie)
Mayor Mary-Anna Holden, ex officio
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
Madison Recreation Center Development Ad Hoc Advisory Committee shall be
comprised of the following members:
Recreation Advisory Committee – Marty Horn
Open Space Advisory Committee – Dan Dunham
Parks Advisory Committee – Peter Ranieri
Environmental Commission – George Van Orden
Shade Tree Management Board – Gene Cracovia
At-large representative – Jennifer McCullough
Senior representative – Charles Courtney
Council liaisons – Robert Conley and Vincent Esposito
(backup Astri Baillie)
Mayor Mary-Anna Holden, ex officio
R 107-2008
RESOLUTION OF THE BOROUGH OF MADISON AWARDING TREE
TRIMMING SERVICES BID TO HONOR TREE SERVICE
WHEREAS, the Borough of Madison publicly
advertised for bids for tree trimming (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 on the
Contract was submitted by Honor Tree Service, Inc. in the amount of $110.00 per
hour for request one and request two for a total of $220.00 per hour for both
requests; and
WHEREAS, the Superintendent of Public Works has
recommended that the Contract should be awarded to Honor Tree Service, Inc., in
the amount of $110.00 per hour for request one and $110.00 per hour for request
two; and
WHEREAS, the Borough Council has determined
that this bid is fair and reasonable and that Honor Tree Service, Inc., should
be awarded the contract based on its bid; and
WHEREAS, the Director of Finance has attested
that funds are available in an amount not to exceed $220.00 per hour for this
purpose.
NOW, THEREFORE, BE IT RESOLVED by the Council
of the Borough of Madison, in the County of Morris and State of New Jersey, as
follows:
1. The Contract for tree trimming is hereby awarded to Honor
Tree Service, Inc., based upon its bid in the amount of $110.00 per hour for
request one and $110.00 per hour for request two.
2. The Mayor and Borough Clerk are hereby authorized and directed on behalf
of the Borough to enter into the Contract with Honor Tree Service, Inc., in a
form acceptable to the Borough Attorney.
R 108-2008
RESOLUTION OF THE BOROUGH OF MADISON RATIFYING CONTRACT
AWARD TO PETER LIMONE FOR MAINTENANCE SERVICES RENDERED IN 2007
WHEREAS, the Borough of Madison solicited quotes for
maintenance services for the Civic Center for 2007 (the "Contract") in
accordance with the Local Public Contracts Law; and
WHEREAS, the Contract was awarded to Peter
Limone based on his quote in the amount of $17,484.00; and
WHEREAS, Peter Limone has advised that due to
miscommunication, the quote was only for services through the beginning of
November 2007; and
WHEREAS, Peter Limone provided additional maintenance
services totaling $2,584.00; and
WHEREAS, the Superintendent of Public Works has
recommended ratifying an amended contract to Peter Limone for maintenance
services for the Civic Center for 2007 in the total amount of $20,086.00; and
WHEREAS, the Director of Finance has attested that
funds will be available in an amount not to exceed $20,068.00 for this purpose.
NOW, THEREFORE, BE IT RESOLVED by the Council of the
Borough of Madison, in the County of Morris and State of New Jersey, as follows:
1. The contract for maintenance services for 2007 at the
Civic Center is hereby awarded to Peter Limone based upon his quote in the
amount of $20,068.00.
2. Payment shall not be made until Peter Limone submits a completed Business
Entity Disclosure Certification and a Political Contribution Disclosure Form to
the Purchasing Agent, which shall be on file for ten (10) days before payment is
made.
3. The Mayor and Borough Clerk are hereby authorized and directed on behalf
of the Borough to enter into the contract with Peter Limone in a form acceptable
to the Borough Attorney.
R 109-2008
RESOLUTION OF THE BOROUGH OF MADISON RATIFYING CONTRACT
AWARD TO LINDA LIMONE FOR CLEANING SERVICES RENDERED IN 2007
WHEREAS, the Borough of Madison solicited quotes for
cleaning services for the Civic Center for 2007 (the "Contract") in
accordance with the Local Public Contracts Law; and
WHEREAS, the Contract was awarded to Linda
Limone based on her quote in the amount of $15,840.00; and
WHEREAS, Linda Limone has advised that due to
miscommunication, the quote was only for services through the beginning of
October 2007; and
WHEREAS, Linda Limone provided additional cleaning
services totaling $3,866.00; and
WHEREAS, the Superintendent of Public Works has
recommended ratifying an amended contract to Linda Limone for cleaning services
for the Civic Center for 2007 in the total amount of $19,706.00; and
WHEREAS, the Director of Finance has attested that
funds will be available in an amount not to exceed $19,706.00 for this purpose.
NOW, THEREFORE, BE IT RESOLVED by the Council of the
Borough of Madison, in the County of Morris and State of New Jersey, as follows:
1. The contract for cleaning services for 2007 at the Civic
Center is hereby awarded to Linda Limone based upon her quote in the amount of
$19,706.00.
2. Payment shall not be made until Linda Limone submits a completed Business
Entity Disclosure Certification and a Political Contribution Disclosure Form to
the Purchasing Agent, which shall be on file for ten (10) days before payment is
made.
3. The Mayor and Borough Clerk are hereby authorized and directed on behalf
of the Borough to enter into the contract with Linda Limone in a form acceptable
to the Borough Attorney.
R 110-2008
RESOLUTION OF THE BOROUGH OF MADISON AMENDING BOND
ORDINANCE 45-2007 TO INCLUDE MILLING AND OVERLAY FOR NOE AVENUE
WHEREAS
, Bond
Ordinance 45-2007 of the Borough of Madison appropriated $430,000.00 for the
2007 milling and overlay projects of Dean Street, John Avenue, Dwyer Street,
Howard Street, Myrtle Avenue, Burnet Road, and Chateau Thierry; and
WHEREAS, the Superintendent of Public Works has
recommended that the Borough amend Bond Ordinance 45-2007 to authorize
additional scope of work for the milling and overlay projects to include Noe
Avenue, with no additional funds to be appropriated; and
WHEREAS, the Director of Finance has attested
to the availability of the funds in Bond Ordinance 45-2007 for this project in
an amount not to exceed the current balance of Bond Ordinance 45-2007; and
WHEREAS, the Borough Council has determined
that the Borough should amend Bond Ordinance 45-2007 to authorize additional
scope of work for the milling and overlay projects to include Noe Avenue,
without increasing the amount of the appropriation.
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:
SECTION 1: Bond Ordinance 45-2007 is amended to
authorize additional scope of work for the milling and overlay projects to
include Noe Avenue.
SECTION 2: The budget of the Borough is hereby amended
to conform with the provisions of this Ordinance.
R 111-2008
RESOLUTION OF THE BOROUGH OF MADISON AMENDING
RESOLUTION 77-2008 TO REDUCE THE SIZE OF THE AD HOC ADVISORY COMMITTEE FOR
THE MADISON RECREATION CENTER
WHEREAS, the Madison Recreation Center Development
Ad Hoc Advisory Committee was established by Resolution 77-2008; and
WHEREAS, the Mayor and Council wish to reduce the
size of the membership of the Ad Hoc Advisory Committee.
NOW, THEREFORE, BE IT RESOLVED, by the Council of
the Borough of Madison in the County of Morris and State of New Jersey that
Resolution 77-2008 is amended to provide that the Madison Recreation Center
Development Ad Hoc Advisory Committee shall be comprised of the following
membership: one representative from each of the following standing committees:
Open Space Committee; Historic Preservation and Recreation Advisory Committee;
Recreation Advisory Committee; Parks Advisory Committee; Shade Tree Management
Board; the Environmental Commission; as well as one at-large resident; one
senior representative; two Council member liaisons; and the Mayor.
R 112-2008 was removed and the # was retired:
R 113-2008
RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING 24th
ANNUAL GIRALDA FARMS RUN ON SUNDAY, NOVEMBER 9, 2008
WHEREAS, the Rose City Runners Club has requested permission to use
portions of Loantaka Way, Woodland Road, Treadwell Avenue, Dodge Drive and
Madison Avenue in connection with the annual Giralda Farms Run; and
WHEREAS, the Police Chief recommends approval of this request; and
WHEREAS, the Rose City Runners Club has agreed to reimburse the
Madison Police Department for all expenses incurred in connection with the
monitoring of said race; and
WHEREAS, the Borough Council has reviewed said request and determined
that it should be granted.
NOW, THEREFORE, BE IT RESOLVED, by the Council of the Borough of
Madison, in the County of Morris, State of New Jersey that the Rose City Runners
Club is hereby granted permission to use portions of Loantaka Way, Woodland
Road, Treadwell Avenue, Dodge Drive and Madison Avenue in connection with the
annual Giralda Farms Run to be conducted on Sunday, November 9, 2008, between
the hours of 12:00 (noon) and 2:00 p.m. subject to the condition that the Rose
City Runners Club reimburse the Madison Police Department for all expenses
incurred in connection with the monitoring of said race.
R 114-2008 was removed and the # was retired.
R 115-2008
RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING FIFTH
ANNUAL MADISON HIGH SCHOOL EDUCATIONAL FOUNDATION 5K RUN FOR SUNDAY, MAY 4,
2008
WHEREAS, the Madison High School Educational
Foundation has requested to hold a "5K run" in Madison on Sunday, May
4, 2008; and
WHEREAS, the run will begin at 10:00 a.m. from the
Madison High School on Ridgedale Avenue to Central Avenue to Walnut Street to
Ridgedale Avenue and end at 12:00 a.m., on the Madison High School G