Mayor & Council

Regular Meeting Minutes – September 10, 2012 Mrs. Tsukamoto moved confirmation of the foregoing appointment. Dr. Esposito seconded the motion. There was no Council discussion and the motion passed with the following roll call vote recorded: Yeas: Mrs. Tsukamoto, Dr. Esposito, Mr. Links, Mr. Catalanello, Mr. Landrigan. Mrs. Vitale Nays: None There being no further business to come before the Council, the meeting was adjourned at 10:00 p.m. Respectfully submitted, Elizabeth Osborne Borough Clerk Approved October 10, 2012 (EO) PAGE 35 OF 35 Regular Meeting Minutes – September 10, 2012 WHEREAS, Michael Piano, Electric Utility Superintendent, has recommended the appointment of Jay Healy to the position of Customer Serviceman; and WHEREAS, the Administrator and Borough Council are in agreement with this recommendation; NOW, THEREFORE, BE IT RESOLVED, by the Council of the Borough of Madison, County of Morris, State of New Jersey, that Jay Healy be and is appointed to the position of Customer Serviceman effective October 1, 2012. BE IT FURTHER RESOLVED, that Mr. Healy be compensated in accordance with the current contract in effect between the Borough of Madison and Teamsters Local Union No. 469. Effective October 1, 2012, the salary for Mr. Healy will be $66,100.00 UNFINISHED BUSINESS - None APPROVAL OF VOUCHERS On motion by Mrs. Tsukamoto seconded by Dr. Esposito, and carried, the following amended vouchers of the Borough of Madison were approved for payment, and the supporting documentation of said vouchers was made part of the Supplemental Minute Book. Public Safety $24,481.43 Health & Public Assistance 19,131.48 Public Works & Engineering 312,003.70 Community Affairs 10,231.01 Finance & Borough Clerk 3,394,169.38 Utilities 1,798,975.12 Total $5,558,992.12 The following roll call vote was recorded approving the aforementioned vouchers: Yeas: Mrs. Tsukamoto, Dr. Esposito, Mr. Links, Mr. Catalanello, Mr. Landrigan. Mrs. Vitale Nays: None NEW BUSINESS Mayor Conley made the following appointment to the Local Emergency Planning Council, not requiring Council confirmation: Chief Robert C. Lucid - Drew University Representative Carmela Vitale - Senior Citizens Advisory Representative Wayne Lejewski, M.D. - Medical representative Mayor Conley also made the following appointment to the Complete Streets Committee and asked for Council confirmation Kirk Oakes of Glenwild Road PAGE 34 OF 35 Regular Meeting Minutes – September 10, 2012 BE IT RESOLVED by the Council of the Borough of Madison, County of Morris, State of New Jersey, that the following application for Raffles License, to be held as listed below, be and the same are hereby approved: THE HUDDLE CLUB I.D. No. 274-5-39130 R.A. No. 1254 – Off premise December 15, 2012 BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded to the Legalized Games of Chance Control Commission. R 227-2012 RESOLUTION OF THE BOROUGH OF MADISON APPROVING RAFFLES LICENSE APPLICATIONS SUBMITTED BY PTO KINGS ROAD SCHOOL TO CONDUCT AN ON-PREMISE 50/50 AND AN ON- PREMISE MERCHANDISE RAFFLE ON SUNDAY, OCTOBER 7, 2012 WHEREAS, N.J.S.A. 5:8-1 et seq. and N.J.A.C. 13:47-1.1 et seq. prohibit the conducting of games of chance on Sunday unless specifically authorized by a duly adopted municipal ordinance; and WHEREAS, on March 8, 1982, the Council of the Borough of Madison adopted Ordinance No. 5-82 to allow the Council, by resolution, to permit qualified organizations to conduct games of chance on Sunday; and WHEREAS, the New Jersey Legalized Games of Chance Control Commission has issued Registration Identification No. 274-5-18728 to PTO Kings Road School; and WHEREAS, an Application for Raffles Licenses, together with all necessary documents and fees, has been submitted to the Madison Borough Clerk's Office by PTO Kings Road School to conduct an on-premise 50/50 and a Merchandise Raffles Game on Sunday, October 7, 2012, at 215 Kings road, Madison; NOW, THEREFORE, BE IT RESOLVED by the Council of the Borough of Madison, County of Morris, State of New Jersey, that the afore-mentioned Applications for Raffles Licenses, R.A. No. 1256 and R.A. 1257, to be held as listed above, be and the same is hereby approved. BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded to the Legalized Games of Chance Control Commission. R 228-2012 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING APPOINTMENT OF JAY HEALY AS CUSTOMER SERVICEMAN PAGE 33 OF 35 Regular Meeting Minutes – September 10, 2012 known as Madison Tax Map Block 1801, Lot 9 also know as 14 Elmer Street in the Borough of Madison; and WHEREAS, the Borough Council agrees with this recommendation. NOW, THEREFORE, BE IT RESOLVED that the Borough accepts the updated municipal stormwater easement at property known as Madison Tax Map Block 1801, Lot 9 also know as 14 Elmer Street which was approved by the Planning Board and signed by the Planning Board Chair and Secretary and the Mayor and Borough Clerk are authorized to execute an easement agreement as may be required and approved by the Acting Borough Attorney. R 224-2012 RESOLUTION OF THE BOROUGH OF MADISON APPROVING RAFFLES LICENSE APPLICATION SUBMITTED BY PTSO MADISON HIGH SCHOOL TO CONDUCT AN ON-PREMISE 50/50 RAFFLE ON SUNDAY, OCTOBER 7, 2012 WHEREAS, N.J.S.A. 5:8-1 et seq. and N.J.A.C. 13:47-1.1 et seq. prohibit the conducting of games of chance on Sunday unless specifically authorized by a duly adopted municipal ordinance; and WHEREAS, on March 8, 1982, the Council of the Borough of Madison adopted Ordinance No. 5-82 to allow the Council, by resolution, to permit qualified organizations to conduct games of chance on Sunday; and WHEREAS, the New Jersey Legalized Games of Chance Control Commission has issued Registration Identification No. 274-5-33795 to PTSO Madison High School; and WHEREAS, an Application for Raffles License, together with all necessary documents and fees, has been submitted to the Madison Borough Clerk's Office by PTSO Madison High School to conduct an On-Premise 50/50 Raffles Game on Sunday, October 7, 2012, at 170 Ridgedale, Madison; NOW, THEREFORE, BE IT RESOLVED by the Council of the Borough of Madison, County of Morris, State of New Jersey, that the afore-mentioned Application for Raffles License, R.A. No. 1255, to be held as listed above, be and the same is hereby approved. BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded to the Legalized Games of Chance Control Commission. R 225-2012 RESOLUTION OF THE BOROUGH OF MADISON APPROVING RAFFLES LICENSE APPLICATION SUBMITTED BY THE HUDDLE, INC. d/b/a THE HUDDLE CLUB PAGE 32 OF 35 Regular Meeting Minutes – September 10, 2012 WHEREAS, the U.S. Argonne National Laboratory estimates that about 20 million barrels of diesel fuel are consumed each year by idling long-haul trucks (estimated truck emissions total about 10 million tons of CO2, 50,000 tons of nitrogen oxides, and 2,000 tons of particulates); and WHEREAS, we can avoid producing unnecessary greenhouse gas emissions and exposure to air toxics by reducing or eliminating wasteful idling; and WHEREAS, petroleum-based gasoline and diesel fuel are non-renewable fuels and should be wisely used and not wasted; and WHEREAS, idling is not generally beneficial to a vehicle’s engine because it wears engine parts; and WHEREAS, idling more than 10 seconds uses more fuel and emits more pollutants than turning a warm engine off and on again ; and WHEREAS, idling more that 10 minutes uses as much fuel as it takes to travel 5 miles; and WHEREAS, vehicle idling occurs in locations (e.g. school grounds, parking lots, drive-through windows, business centers, etc.) where persons can be exposed to air pollutant emissions; and WHEREAS, moving beyond New Jersey’s existing no-idling code of three minutes would significantly improve public health, air quality, reduce costs and greenhouse gas emissions; NOW, THEREFORE, BE IT RESOLVED, that the Borough of Madison Supports the adoption of voluntary “Idle Free Zones” by government agencies, schools, businesses, and other organizations by: • Encouraging any gasoline or diesel powered motor vehicle to turn off their engines after 10 seconds if they plan to remain in that location for more than 30 seconds. • Ensuring idling does not occur at idle-frequent locations such as school drop-off and pick up, drive through windows, gas stations, parking lots, business centers, etc. • Maintaining municipal vehicles to eliminate any visible exhaust. • Enforcing existing violations and penalties under New Jersey’s existing idling code. • Supporting broad education of the public about the health, environmental and economic impacts of idling and ways to reduce idling. R 223-2012 RESOLUTION OF THE MADISON BOROUGH COUNCIL ACCEPTING UPDATED STORMWATER EASEMENT SHOWN ACROSS BLOCK 1801, LOT 9 (14 ELMER STREET) IN THE BOROUGH OF MADISON OWNED BY STRANGLE GROUP, LLC WHEREAS, the Borough Engineer has advised that the Planning Board recommended accepting an updated municipal stormwater easement at property PAGE 31 OF 35 Regular Meeting Minutes – September 10, 2012 aforesaid Plenary Consumption licensed premises located at 30 Cook Plaza, Madison, New Jersey, to place under license the area delineated in the application form and the sketch of the licensed premises attached thereto. R 221-2012 RESOLUTION OF THE BOROUGH OF MADISON IN SUPPORT OF A SCHOOL ZONE SPEED LIMIT AT THE MADISON JUNIOR SCHOOL WHEREAS, the Madison Police Department has requested, from the New Jersey Department of Transportation (NJDOT), that along Route NJ 124 (Main Street) for both directions of traffic, 30 miles per hour between Alexander Avenue and Cross Street, except for 25 miles per hour be observed when passing through the Madison Junior School zone, during recess when the presence of children is clearly visible from the roadway, or while children are going to or leaving school during opening or closing hours (approximate mileposts 4.90-5.00); and WHEREAS, the Mayor and Council wish to support and endorse such request. NOW, THEREFORE, BE IT RESOLVED by the Council of the Borough of Madison, in the County of Morris and State of New Jersey that it endorses and supports the safety improvement request on New Jersey Route 124 (Main Street) in the Borough of Madison, County of Morris, in that area of the Madison Junior High School, as described above, and urges the NJDOT to respond to such request expeditiously. R 222-2012 RESOLUTION OF THE BOROUGH OF MADISON SUPPORTING THE ADOPTION OF ‘IDLE FREE ZONES’ BY GOVERNMENT AGENCIES, SCHOOLS, BUSINESSES AND OTHER ORGANIZATIONS WHEREAS, emissions from gasoline and diesel powered vehicles contribute significantly to air pollution, including greenhouse gases, ozone formation, fine particulates, and a multitude of potentially harmful pollutants that can trigger an asthma attack and other ailments; and WHEREAS, asthma is a significant public health concern in New Jersey, especially among children (up to 25% of NJ school age children are asthmatic) and the elderly; and WHEREAS, for every gallon of gasoline use, the average car produces about 20 pounds of carbon dioxide (CO2), the largest contributor to greenhouse climate change, with one-third of greenhouse gas emissions coming from the transportation sector; and PAGE 30 OF 35 Regular Meeting Minutes – September 10, 2012 Black Brook and Whippany River, immediately upstream of the Madison Commons detention pond, including all of the work to be done as set forth in the written proposal dated May 24, 2012 and provided such contract is in a form approved by the Acting Borough Attorney. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Borough Clerk is hereby directed to publish notice of adoption of this resolution in the official newspaper of the Borough of Madison within ten (10) days of its adoption pursuant to N.J.S.A. 40A:11-5. R 219-2012 RESOLUTION OF THE BOROUGH OF MADISON APPROVING RAFFLES LICENSE APPLICATION SUBMITTED BY HARDING TOWNSHIP EDUCATION FOUNDATION INC. BE IT RESOLVED by the Council of the Borough of Madison, County of Morris, State of New Jersey, that the following application for Raffles License, to be held as listed below, be and the same is hereby approved: HARDING TOWNSHIP EDUCATION FOUNDATION INC. I.D. No. 194-5-39167 R.A. No. 1253 – On Premise November 3, 2012 BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded to the Legalized Games of Chance Control Commission. R 220-2012 RESOLUTION OF THE BOROUGH OF MADISON APPROVING PLACE-TO-PLACE TRANSFER OF PLENARY RETAIL CONSUMPTION LICENSE #1417-33-017-005 OF SAL’S PUB, INC TRADING AS ROCCO’S TUSCANY GRILL WHEREAS, an application has been filed for a place-to-place transfer (Expansion of Premises) of Plenary Retail Consumption License #1417-33-017-005 Sal’s Pub, Inc., for purposes of expanding the premises under license wherein the sale, service, and storage of alcoholic beverages are authorized; and WHEREAS, the submitted application form is complete in all respects, the transfer fees have been paid, and the license has been properly renewed for the current license term. NOW, THEREFORE, BE IT RESOLVED that the Council of the Borough of Madison in the County of Morris and State of New Jersey, does hereby approve, effective September 10, 2012, the expansion of the PAGE 29 OF 35 Regular Meeting Minutes – September 10, 2012 WHEREAS, the applicant is willing to use State funds in accordance with its rules, regulations and applicable statues, and is willing to enter into an Amendment of the Agreement with the State for the above-named project; NOW, THEREFORE, BE IT RESOLVED by the Council of the Borough of Madison in the County of Morris and State of New Jersey, 1. That Robert H. Conley or the successor to the office of Mayor is hereby authorized to execute an amendment to the Agreement increasing funding to $2,050,000 and; 2. That the applicant has its matching share of the project, if a match is required, in the amount of $2,050,000. 3. That, in the event the State’s funds are less than the total project cost specified above, the applicant has the balance of funding necessary to complete the project, and; 4. The applicant agrees to comply with all applicable federal, state and local laws, rules and regulations in its performance of the project. 5. That this resolution shall take effect immediately. R 218-2012 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING AGREEMENT WITH OMLAND ENGINEERING ASSOCIATES, INC. WHEREAS, the Madison Borough Engineer has advised the Borough Council that professional design and engineering services are needed to prepare surveys and stream models for stabilization of the existing tributary to Black Brook and Whippany River, immediately upstream of the Madison Commons detention pond; and WHEREAS, the Borough Engineer has recommended that Omland Engineering Associates, Inc., professional engineers, be awarded a professional contract for these services at a cost not to exceed $18,300.00, based on their written proposal dated May 24, 2012; and WHEREAS, said services would constitute professional services for which a contract may be awarded without the need for competitive bidding pursuant to N.J.S.A. 40A:11-5; and WHEREAS, the Chief Financial Officer has attested to the availability of funds in an amount not to exceed $18,300.00 for this purpose, in Account 501/215; and NOW, THEREFORE, BE IT RESOLVED by the Council of the Borough of Madison in the County of Morris and State of New Jersey that the Mayor and Borough Clerk are hereby authorized to execute on behalf of the Borough a professional services contract with Omland Engineering Associates, Inc., in an amount not to exceed $18,300.00, to perform the design and engineering services to prepare surveys and stream models for stabilization of the existing tributary to PAGE 28 OF 35 Regular Meeting Minutes – September 10, 2012 WHEREAS, the Borough Engineer has recommended that the Borough submit a 2013 Municipal Aid Application to the New Jersey Department of Transportation for reconstruction of a portion of Green Avenue from Woodland Road to Shunpike Road; and WHEREAS, the Green Avenue Reconstruction Project will comprise reconstruction of a heavily used collector road, estimated to cost $629,827.00 and for which funding in the amount of $314,000.00 is being requested from the State of New Jersey Municipal Aid 2013 program; and WHEREAS, the Borough Engineer has determined that the reconstruction is urgently needed due to current road conditions and the need for curb and drainage improvements. 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 Council formally approves the grant application for the above stated purpose. BE IT FURTHER RESOLVED that the Mayor and Clerk are hereby authorized to submit an electronic grant application identified as MA-2013-Madison Borough-00062 to the New Jersey Department of Transportation on behalf of the Borough of Madison. BE IT FURTHER RESOLVED that the Mayor and Clerk are hereby authorized to sign the grant agreement on behalf of the Borough of Madison and that their signature constitutes acceptance of the terms and conditions of the grant agreement and approves the execution of the grant agreement. R 217-2012 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING AMENDMENT TO PROJECT AGREEMENT FOR GREEN ACRES GRANT TO THE MADISON RECREATION CENTER SITE WHEREAS, the New Jersey Department of Environmental Protection Green Acres Program (“State”), provides loans and/or grants to municipal and county governments and grants to nonprofit organizations for assistance in the acquisition and development of lands for outdoor recreation and conservation purposes; and WHEREAS, the Borough of Madison has previously obtained a grant of $1,600,000 from the State to fund the following project(s); Madison Borough Open Space Acquisition; and WHEREAS, the State and Borough of Madison intend to increase Green Acres funding; and PAGE 27 OF 35 Regular Meeting Minutes – September 10, 2012 Mrs. Tsukamoto moved that Ordinance 28-2012, which the Borough Clerk read by title, be adopted. Mrs. Vitale seconded the motion. There was no Council discussion, and the motion passed with the following roll call vote recorded: Yeas: Mrs. Tsukamoto, Dr. Esposito, Mr. Links, Mr. Catalanello, Mr. Landrigan. Mrs. Vitale Nays: None CONSENT AGENDA RESOLUTIONS The Clerk made the following statement: Consent Agenda Resolutions R 215-2012 through R 225-2012 and R 227-2012 and R 228-2012 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. Mrs. Tsukamoto moved adoption of the Resolutions listed on the Consent Agenda. Dr. Esposito seconded the motion. There was no Council discussion and the motion passed with the following roll call vote recorded: Yeas: Mrs. Tsukamoto, Dr. Esposito, Mr. Links, Mr. Catalanello, Mr. Landrigan. Mrs. Vitale Nays: None R 215-2012 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING AMENDMENT TO TEAMSTERS AGREEMENT WHEREAS, certain employees in the Water, Sanitation, Roads and Parks and Mechanical Service - Public Works are represented for collective bargaining purposes by Teamsters Local Union No. 469 (hereinafter "Teamsters-Public Works"); and WHEREAS, the previous collective bargaining agreement between the Borough of Madison and the Teamsters-Public Works was signed on May 22, 2006; and WHEREAS, the Borough and the Teamsters-Public Works have agreed on a side bar agreement removing the title of General Foreman from the Teamsters Union contract under certain conditions. NOW, THEREFORE, BE IT RESOLVED, by the Council of the Borough of Madison, County of Morris, State of New Jersey, that the Mayor and Borough Clerk are hereby authorized, on behalf of the Borough, to execute the attached sidebar agreement between the Borough of Madison and Teamsters Local Union No. 469. R 216-2012 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING GREEN AVENUE STATE GRANT APPLICATION PAGE 26 OF 35 Regular Meeting Minutes – September 10, 2012 Yeas: Mrs. Tsukamoto, Dr. Esposito, Mr. Links, Mr. Catalanello, Mr. Landrigan. Mrs. Vitale Nays: None ORDINANCE 27-2012 Item removed and the # retired ORDINANCE 28-2012 ORDINANCE OF THE BOROUGH OF MADISON AMENDING CHAPTER 134 ENTITLED “PARKING LOTS” WHEREAS, the governing body has recommended amendments to the Borough Code to include twenty (20) commuter spaces in the Maple Avenue Parking Lot at a the annual fee set by ordinance for commuter permits and twenty (20) additional spaces in the Kings Road Lot # 3 at a daily parking fee of $5.00: and. WHEREAS, the Borough Council wishes to implement said changes. 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 134 of the Borough Code entitled “Parking lots” shall be amended as follows: SECTION 1: Chapter 134-6 of the Code of the Borough of Madison, entitled “Use Regulations for Individual Lots” is hereby amended as follows to add the following: ... Section 5: § 134-6. Use regulations for individual lots. .... E. Maple Avenue Lot. Parking is reserved for parking of vehicles owned by the Borough of Madison or owned by an officer, employee or person in the service of the borough. Appropriate borough identification shall be displayed by hanging it on the vehicle's rear view mirror. Specific temporary exceptions for public parking use may be granted by the Governing Body on a case by case basis. Twenty (20) marked spaces are designated for commuter parking by permit only. .... SECTION 2: This ordinance shall take effect immediately and upon final passage and publication as required by law. PAGE 25 OF 35 Regular Meeting Minutes – September 10, 2012 This Ordinance shall take effect immediately upon final passage and publication as required by law. Mr. Catalanello moved that Ordinance 25-2012, which the Borough Clerk read by title, be adopted. Mrs. Tsukamoto seconded the motion. There was no Council discussion, and the motion passed with the following roll call vote recorded: Yeas: Mrs. Tsukamoto, Dr. Esposito, Mr. Links, Mr. Catalanello, Mr. Landrigan. Mrs. Vitale Nays: None ORDINANCE 26-2012 ORDINANCE OF THE BOROUGH OF MADISON APPROPRIATING $150,000.00 FROM THE WATER CAPITAL IMPROVEMENT FUND FOR SEVERAL SMALL PROJECTS ON THE FIVE YEAR CAPITAL PLAN WHEREAS, the Borough Engineer has recommended that the Borough appropriate $150,000.00 from the Water Capital Improvement Fund in order to complete several important small projects on the five year water capital plan; and WHEREAS, the Chief Financial Officer has attested to the availability of the funds in the Water Capital Improvement 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 Water Capital Improvement Fund in order to complete several important small projects on the five year water capital plan. 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 Water Capital Improvement Fund for valve replacements, cap, demister repairs and cleaning, and replacement of parts for the chlorine feed disinfection system and alarm as well as installation of emergency back-up communications radio for the supervisor monitoring and control system and replacement of old level indicators. 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. Links moved that Ordinance 26-2012, which the Borough Clerk read by title, be adopted. Mr. Catalanello seconded the motion. There was no Council discussion, and the motion passed with the following roll call vote recorded: PAGE 24 OF 35 Regular Meeting Minutes – September 10, 2012 be subject to punishment including fines and/or imprisonment as fixed by law for violations of the ordinances of the Borough of Madison. SECTION 8 - CITIZENS PRIVATE RIGHT OF ACTION In addition to any rights that were heretofore available, or which may hereafter be available, to citizens, taxpayers, or associations, to challenge violations of this ordinance, every person aggrieved by a violation of the ordinance, or any taxpayer or resident of the Borough of Madison has the right, consistent with the Rules of Court, to file charges in a court of competent jurisdiction, and/or to pursue a civil action for a violation of this ordinance in a court of competent jurisdiction, and to seek and obtain declaratory, injunctive, or other legal or equitable relief, including but not limited to, attorneys fees and costs, arising from or related to a violation of this ordinance. SECTION 9 - SEVERABILITY If any provision of this Ordinance, or the application of any such provision to any person or circumstances, shall be held invalid, the remainder of this Ordinance to the extent it can be given effect, or the application of such provision to persons or circumstances other than those to which it is held invalid shall not be affected thereby, and to this extent the provisions of this Ordinance are severable. SECTION 10 – INDEXING The monetary thresholds of “Definitions” Section (d) and Section 1(c) of this ordinance shall be increased effective March 1 of each calendar year by the percentage increase, in the prior calendar year, of the consumer price index for all urban consumers (CPI-U) for the New York-Northern New Jersey-Long Island region, rounded to the nearest $10.00. The Clerk of the Borough of Madison shall, by no later than April 1 of each calendar year, prepare and publish the revised thresholds on the official municipal website and in an official municipal newspaper. SECTION 11 - REPEALER All ordinances or parts of ordinances which are inconsistent with any provisions of this Ordinance are hereby repealed as to the extent of such inconsistencies. SECTION 12 - EFFECTIVE DATE PAGE 23 OF 35 Regular Meeting Minutes – September 10, 2012 40A:11-4, or (ii) are awarded in the case of emergency under N.J.S.A. 40A:11- 6. There is no exemption for contracts awarded pursuant to a "Fair and Open Process" under N.J.S.A. 19:44A-20 et seq. SECTION 7 - PENALTY (a) It shall be a material breach of the terms of a Borough of Madison agreement or contract for Professional Services or Extraordinary Unspecified Services when a Business Entity that is a party to such agreement or contract has: (i) made or solicited a Contribution in violation of this Ordinance; (ii) knowingly concealed or misrepresented a Contribution given or received; (iii) made or solicited Contributions through intermediaries for the purpose of concealing or misrepresenting the source of the Contribution; (iv) made or solicited any Contribution on the condition or with the agreement that it will be re- contributed to a candidate, candidate committee or joint candidates committee of any candidate for elective municipal office in Borough of Madison, or a holder of public office having ultimate responsibility for the award of a contract, or any Borough of Madison or Morris County political committee or political party committee, or any PAC; (v) engaged or employed a lobbyist or consultant with the intent or understanding that such lobbyist or consultant would make or solicit any Contribution, which if made or solicited by the professional Business Entity itself, would subject that entity to the restrictions of this Ordinance; (vi) funded contributions made by third parties, including consultants, attorneys, family members, and employees; (vii) engaged in any exchange of Contributions to circumvent the intent of this Ordinance; or (viii) directly or indirectly, through or by any other person or means, done any act which if done directly would subject that entity to the restrictions of this Ordinance. (b) Furthermore, any Business Entity that violates Section 7 (a) (i-viii) shall be disqualified from eligibility for future Borough of Madison contracts for a period of four (4) calendar years from the date of the violation. (c) Any person who knowingly, purposely, or recklessly violates any provision of this ordinance, or who conspires with another person to violate any provision of this ordinance, or who, with the purpose of promoting or facilitating a violation of this ordinance, solicits another person to commit it, or aids or agrees, or attempts to aid another person in planning or committing it, shall PAGE 22 OF 35 Regular Meeting Minutes – September 10, 2012 SECTION 4 - CONTRIBUTION STATEMENT BY BUSINESS ENTITY (a) Prior to awarding any contract or agreement to procure Professional Services" or Extraordinary Unspecified Services" from any Business Entity, the Borough of Madison or its purchasing agents and departments, as the case may be, shall receive a sworn statement from said Business Entity which is the intended recipient of said contract that he/she/it has not made a Contribution in violation of Section 1 of this Ordinance. The Borough of Madison, its purchasing agents and departments shall be responsible for informing the Borough Council that the aforementioned sworn statement has been received and that the Business Entity is not in violation of this ordinance, prior to awarding the contract or agreement. (b) A Business Entity shall have a continuing duty to report to the Borough of Madison any Contributions that constitute a violation of this act that are made during the negotiation, proposal process or the duration of a contract. The Borough of Madison, its purchasing agents and departments shall be responsible for informing the governing body within ten (10) business days after receipt of said report from the Business Entity, or at the next Borough Council meeting following receipt of said report from the Business Entity, or whichever comes first. (c) The certification required under this subsection shall be made prior to entry into the contract or agreement with the Borough of Madison, or prior to the provision of services or goods, as the case may be, and shall be in addition to any other certifications that may be required by any other provision of law. SECTION 5 - RETURN OF EXCESS CONTRIBUTIONS A Business Entity that is a party to a contract for Professional Services or Extraordinary Unspecified Services may cure a violation of Section 1 of this Ordinance, if, within 30 days after the date on which the applicable ELEC report is published, said Business Entity notifies the municipality in writing and seeks and receives reimbursement of the Contribution from the recipient of such Contribution. SECTION 6 - EXEMPTIONS The contribution limitations prior to entering into a contract in Section 1(a) do not apply to contracts which (i) are awarded to the lowest responsible bidder after public advertising for bids and bidding therefor within the meaning of N.J.S.A. PAGE 21 OF 35 Regular Meeting Minutes – September 10, 2012 Madison; (ii) $500 maximum per calendar year to a Morris County political committee or political party committee; and (iii) $500 maximum per calendar year to any PAC. However, for each Business Entity party to a contract for Professional or Extraordinary Unspecified Services as defined in subparagraph (a), or engaged in negotiations for a contract defined in subparagraph (a), when such Business Entity’s Contribution is aggregated with all “persons” defined in subparagraph (d) of “Definitions” above, by virtue of their affiliation to that Business Entity party, a maximum of $2,500 to all Borough of Madison candidates, candidate committees, joint candidate committees, and holders of public office having ultimate responsibility for the award of a contract, all Borough of Madison or Morris County political committees and political party committees as described herein combined, without violating subsection (a) of this section. (d) For purposes of this section, the office that is considered to have ultimate responsibility for the award of the contract shall be (i) the Borough of Madison Mayor or Governing body, if the contract requires approval or appropriation from the Mayor or Governing body, or (ii) the Mayor of the Borough of Madison, if the contract requires approval of the Mayor, or if a public officer who is responsible for the award of a contract is appointed by the Mayor. (e) Rules regarding subcontractors. No person may be awarded a subcontract to perform under a contract subject to this Ordinance, if the subcontractor would be disqualified by paragraph (a) from receiving the contract at the time that the subcontract is awarded. Nor may any person who would be disqualified by paragraph (a) from receiving the contract perform substantially all of obligations described in a contract for professional or extraordinary services that is subject to this ordinance. SECTION 2 - CONTRIBUTIONS MADE PRIOR TO THE EFFECTIVE DATE No Contribution or solicitation of contributions made prior to the effective date of this Ordinance shall be deemed to give rise to a violation of this Ordinance. SECTION 3 - CONTRACT RENEWAL No contract subject to this ordinance may be renewed, extended, or materially modified unless the resulting renewal, extension, or modification would be allowable under the provisions of this ordinance if it were an initial contract. PAGE 20 OF 35 Regular Meeting Minutes – September 10, 2012 used at N.J.S.A. 40A:11-5(1)(a)(ii) and/or media, public relations, lobbying, parking garage management or other consulting and/or management service (hereinafter "Extraordinary Unspecified Services") from any Business Entity if such Business Entity has solicited or made any Contribution to (i) a candidate, candidate committee or joint candidates committee of any candidate for elective municipal office in the Borough of Madison or a holder of public office having ultimate responsibility for the award of a contract, or (ii) to any Borough of Madison or Morris County political committee or political party committee, or (iii) to any continuing political committee or political action committee that regularly engages in the support of Borough of Madison municipal or Morris County elections and/or Borough of Madison municipal or Morris County candidates, candidate committees, joint candidate committees, political committees, political parties, political party committees, (hereinafter "PAC"), in excess of the thresholds specified in subsection (g) within one calendar year immediately preceding the date of the contract or agreement. (b) No Business Entity who submits a proposal for, enters into negotiations for, or agrees to any contract or agreement with the Borough of Madison or any of its departments or instrumentalities, for the rendition of Professional Services or Extraordinary Unspecified Services shall knowingly solicit or make any Contribution, to (i) a candidate, candidate committee or joint candidates committee of any candidate for elective municipal office in Borough of Madison, or a holder of public office having ultimate responsibility for the award of a contract, or (ii) to any Borough of Madison or Morris County political committee or political party committee, or (iii) any PAC between the time of first communication between that Business Entity and the municipality regarding a specific agreement for Professional Services or Extraordinary Unspecified Services, and the later of the termination of negotiations or rejection of any proposal, or the completion of the performance or specified time period of that contract or agreement. (c) The monetary thresholds of this Ordinance are: (i) a maximum of $300 per calendar year each for any purpose to any candidate or candidate committee for mayor or governing body, or $500 per calendar year to any joint candidates committee for mayor or governing body, or $300 per calendar year to a political committee or political party committee of the Borough of PAGE 19 OF 35 Regular Meeting Minutes – September 10, 2012 (b) “Contribution” has the meaning prescribed in N.J.A.C. 19:25-1.7. By way of illustration, and not limitation, this definition includes pledges, loans, and in- kind contributions. (c) A “contract for professional or extraordinary services” means all contracts for “professional services” and “extraordinary unspecifiable services” as such term is used in N.J.S.A. 40A:11-5. (d) For purposes of this Ordinance, a “Business Entity” whose contributions are regulated by this ordinance means: (i) an individual including the individual’s spouse, and any child/children; (ii) a firm; corporation; professional corporation; partnership; limited liability company; organization; association; and any other manner and kind of business entity; (iii) any person who owns 10% or more of the equity or ownership or income interests in a person or entity as defined in sections (i) and (ii) above and their spouses and child/children; (iv) all partners or officers of such an entity, in the aggregate, and their spouses and child/children; (v) any person, subcontractor, subsidiary, corporation, firm, partnership, limited liability company, organization or association who has received or indefeasibly acquired the right to receive, from a person described in subparagraph (i) above, more than $100,000.00 in compensation or income of any kind (including, by way of illustration, and not limitation: wages, salaries, sums paid to independent contractors, benefits, dividends, profit-sharing, pension contributions, deferred contributions, stock, stock options or gifts), in any twelve (12) month period prior to the award of, or during the term of, a contract subject to this ordinance; and (vi) all persons who are an “affiliate” of a Business Entity as defined in sections (i), (ii) and (v) above, as such term is used in 11 U.S.C. 101(2). SECTION 1 – PROHIBITION ON AWARDING PUBLIC CONTRACTS TO CERTAIN CONTRIBUTORS (a) To the extent that it is not inconsistent with state or federal law, the Borough of Madison and any of its departments, instrumentalities or purchasing agents shall not enter into any agreement or otherwise contract to procure "professional services" as such term is defined at N.J.S.A. 40A:11-2(6) and used at N.J.S.A. 40A:11-5(1)(a)(i) and/or banking, insurance or other consulting service (hereinafter "Professional Services"), nor "extraordinary unspecified services" as such term is defined at N.J.S.A. 40A:11-2(7) and PAGE 18 OF 35 Regular Meeting Minutes – September 10, 2012 WHEREAS, pursuant to N.J.S.A. 40:48-2, a municipality is authorized to adopt such ordinances, regulations, rules and by-laws as necessary and proper for good government, as well as the public health, safety and welfare; and, WHEREAS, pursuant to P.L.2005, c.271 (codified at N.J.S.A. 40A:11-51) a municipality is authorized to adopt by ordinance, measures limiting the awarding of public contracts to business entities that have made political contributions, and limiting the contributions that the recipient of such a contract can make during the term of a contract; and, WHEREAS, in the interest of good government, the people and the government of the Borough of Madison desire to establish a policy that will avoid the perception of improper influence in public contracting and local elections; NOW, THEREFORE, BE IT RESOLVED, it shall be the policy of the Borough of Madison to create such a regulation which states that a Business Entity which makes political contributions to municipal candidates and municipal and county political parties in excess of certain thresholds shall be limited in its ability to receive public contracts from the Borough of Madison; and, BE IT ORDAINED by the Borough of Madison, in the County of Morris County, and State of New Jersey, as follows: DEFINITIONS As used in this ordinance: (a) “Campaign Committee” means (i) every candidate for Borough of Madison elective municipal office; (ii) every candidate committee established by or for the benefit of a candidate for Borough of Madison elective municipal office; (iii) every joint candidate committee established in whole or in part by or for the benefit of a candidate for Borough of Madison elective municipal office; (iv) every political party committee of the Borough of Madison; (v) every political party committee of Morris County; and (vi) every political committee, continuing political action committee, or other form of association or organization that regularly engages in the support of candidates for the Borough of Madison municipal or Morris County elective offices or Borough of Madison municipal or Morris County political parties or political party committees. The terms in the foregoing paragraph have the meaning prescribed in N.J.A.C. 19:25-1.7. PAGE 17 OF 35 Regular Meeting Minutes – September 10, 2012 There was no Council discussion, and the motion passed with the following roll call vote recorded: Yeas: Mrs. Tsukamoto, Dr. Esposito, Mr. Links, Mr. Catalanello, Mr. Landrigan. Mrs. Vitale Nays: None Mayor Conley declared Ordinance 23-2012 adopted and finally passed and ordered the Clerk to publish the notice thereof in the newspaper and to record the ordinance as required by law. INVITATION FOR DISCUSSION (2 of 2) Mayor opened the meeting to the public for their opportunity to ask questions and make comments on any subject. 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. Don Brunner, Redmond Drive, inquired about once weekly garbage pick-up and schedule for repair work to the train trestle at Elm Street. INTRODUCTION OF ORDINANCES The Clerk made the following statement: Ordinances scheduled for introduction and first reading tonight will have a hearing during the meeting of September 24, 2012 in the 2nd Floor Council Chamber of the Hartley Dodge Memorial Building, Kings Road, in the Borough of Madison at 8 p.m., or as soon thereafter as practical, for further consideration and final adoption. Said ordinances will be published in the Madison Eagle, be posted at the main entrance to the Borough offices and be made available to members of the public requesting same, as required by law. Mayor Conley called up Ordinances for first reading and asked the Clerk to read said ordinance by title: ORDINANCE 24-2012 Item removed and the # retired ORDINANCE 25-2012 AN ORDINANCE OF THE BOROUGH OF MADISON ESTABLISHING THAT A BUSINESS ENTITY WHICH MAKES POLITICAL CONTRIBUTIONS TO MUNICIPAL CANDIDATES AND MUNICIPAL AND COUNTY POLITICAL PARTIES IN EXCESS OF CERTAIN THRESHOLDS SHALL BE LIMITED IN ITS ABILITY TO RECEIVE PUBLIC CONTRACTS FROM THE BOROUGH OF MADISON IN THE COUNTY OF MORRIS WHEREAS, large political contributions from those seeking or performing contracts with a municipality raise reasonable concerns on the part of taxpayers and residents as to their trust in government and its business practices; and, PAGE 16 OF 35 Regular Meeting Minutes – September 10, 2012 Yeas: Mrs. Tsukamoto, Dr. Esposito, Mr. Links, Mr. Catalanello, Mr. Landrigan. Mrs. Vitale Nays: None Mayor Conley declared Ordinance 22-2012 adopted and finally passed and ordered the Clerk to publish the notice thereof in the newspaper and to record the ordinance as required by law. ORDINANCE 23-2012 ORDINANCE OF THE BOROUGH OF MADISON AMENDING ORDINANCE 2- 2009 TO INCREASE SALARY RANGE FOR POSITIONS OF RECREATION DIRECTOR, PART-TIME AND STREET SWEEPER, PART-TIME WHEREAS, the Borough Council has determined that a change is required in the salary ranges for non-union part-time employees to increase ranges for the positions of Recreation Director, Part-Time and Street Sweeper, Part-Time. NOW, THEREFORE, BE IT ORDAINED, by the Council of the Borough of Madison, County of Morris, State of New Jersey, as follows: Section 1. Ordinance 2-2009 setting the salary ranges for non-union part- time employees is hereby amended for the positions of part-time Recreation Director, Part-Time and Street Sweeper, Part-Time. TITLE MINIMUM MAXIMUM Recreation Director, P/T $15.00/hr $30.00/hr Sidewalk Sweeper, P/T 7.15/hr $20.00/hr Section 2. All other provisions of the Ordinance remain unchanged. Section 3. This ordinance shall take effect immediately upon final passage and publication as required by law. Mayor Conley opened up the public hearing on Ordinance 23-2012. Since no member of the public wished to be heard, the public hearing was closed. Mr. Catalanello moved that Ordinance 23-2012, which was read by title, be finally adopted. Mrs. Tsukamoto seconded the motion. PAGE 15 OF 35 Regular Meeting Minutes – September 10, 2012 There was no Council discussion, and the motion passed with the following roll call vote recorded: Yeas: Mrs. Tsukamoto, Dr. Esposito, Mr. Links, Mr. Catalanello, Mr. Landrigan. Mrs. Vitale Nays: None Mayor Conley declared Ordinance 21-2012 adopted and finally passed and ordered the Clerk to publish the notice thereof in the newspaper and to record the ordinance as required by law. ORDINANCE 22-2012 ORDINANCE OF THE BOROUGH OF MADISON AMENDING CHAPTER 195-12A OF THE BOROUGH CODE ENTITLED “LAND USE” REGARDING ZONING PERMIT APPLICATIONS TO INCREASE FEES WHEREAS, the Land Use Administrative Official has recommended amendments to the Borough Code to increase certain fees for zoning permit applications. 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: Chapter 195-12A of the Code of the Borough of Madison, entitled “Fees” is hereby amended as follows to increase certain fees for zoning permit applications: ... Type of Fee Fee Individual lot grading plan review; new home $300.00 .... SECTION 2: This ordinance shall take effect immediately upon final passage and publication as required by law. Mayor Conley opened up the public hearing on Ordinance 22-2012. Since no member of the public wished to be heard, the public hearing was closed. Mr. Links moved that Ordinance 22-2012, which was read by title, be finally adopted. Mr. Catalanello seconded the motion. There was no Council discussion, and the motion passed with the following roll call vote recorded: PAGE 14 OF 35 Regular Meeting Minutes – September 10, 2012 Mr. Links moved that Ordinance 20-2012, which was read by title, be finally adopted. Mr. Catalanello seconded the motion. There was no Council discussion, and the motion passed with the following roll call vote recorded: Yeas: Mrs. Tsukamoto, Dr. Esposito, Mr. Links, Mr. Catalanello, Mr. Landrigan. Mrs. Vitale Nays: None Mayor Conley declared Ordinance 20-2012 adopted and finally passed and ordered the Clerk to publish the notice thereof in the newspaper and to record the ordinance as required by law. ORDINANCE 21-2012 ORDINANCE OF THE BOROUGH OF MADISON APPROPRIATING $270,000.00 FROM THE GENERAL CAPITAL IMPROVEMENT FUND FOR IMPROVEMENTS TO SAMSON AVENUE WHEREAS, the Borough Engineer has recommended that the Borough appropriate $270,000.00 from the General Capital Improvement Fund for improvements to Samson Avenue including milling and overlay and striping as a bid alternate; and WHEREAS, the Chief Financial Officer has attested to the availability of the funds in the General Capital Improvement Fund in an amount not to exceed $270,000.00 for this purpose; and WHEREAS, the Borough Council has determined that the Borough should appropriate $270,000.00 from the General Capital Improvement Fund for improvements to Samson Avenue. 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 $270,000.00 is hereby appropriated from the General Capital Improvement Fund for improvements to Samson 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. Mayor Conley opened up the public hearing on Ordinance 21-2012. Tim Harrington, Cross Gates Road, asked about the scope of the project. Since no member of the public wished to be heard, the public hearing was closed. Mr. Links moved that Ordinance 21-2012, which was read by title, be finally adopted. Mr. Catalanello seconded the motion. PAGE 13 OF 35 Regular Meeting Minutes – September 10, 2012 Mayor Conley opened up the public hearing on Ordinance 19-2012. Since no member of the public wished to be heard, the public hearing was closed. Mr. Links moved that Ordinance 19-2012, which was read by title, be finally adopted. Mr. Catalanello seconded the motion. There was no Council discussion, and the motion passed with the following roll call vote recorded: Yeas: Mrs. Tsukamoto, Dr. Esposito, Mr. Links, Mr. Catalanello, Mr. Landrigan. Mrs. Vitale Nays: None Mayor Conley declared Ordinance 19-2012 adopted and finally passed and ordered the Clerk to publish the notice thereof in the newspaper and to record the ordinance as required by law. ORDINANCE 20-2012 ORDINANCE OF THE BOROUGH OF MADISON APPROPRIATING $100,000.00 FROM THE GENERAL CAPITAL IMPROVEMENT FUND FOR IMPROVEMENTS TO THE TREADWELL PUMP STATION WHEREAS, the Borough Engineer has recommended that the Borough appropriate $100,000.00 from the General Capital Improvement Fund for pump station improvements to the Treadwell Pump Station; and WHEREAS, the Chief Financial Officer has attested to the availability of the funds in the General Capital Improvement Fund in an amount not to exceed $100,000.00 for this purpose; and WHEREAS, the Borough Council has determined that the Borough should appropriate $100,000.00 from the General Capital Improvement Fund for pump station improvements to the Treadwell Pump Station. 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 $100,000.00 is hereby appropriated from the General Capital Improvement Fund for pump station improvements to the Treadwell Pump Station. SECTION 2: The budget of the Borough is hereby amended to conform with the provisions of this Ordinance. SECTION 3: This Ordinance shall take effect as provided by law. Mayor Conley opened up the public hearing on Ordinance 20-2012. Since no member of the public wished to be heard, the public hearing was closed. PAGE 12 OF 35 Regular Meeting Minutes – September 10, 2012 Sam Cerciello, Park Avenue, suggested bidding improvement projects for the pump stations as one large project to receive better pricing from contractors. Since no other member of the public wished to be heard, the public hearing was closed. Mr. Links moved that Ordinance 18-2012, which was read by title, be finally adopted. Mr. Catalanello seconded the motion. There was no Council discussion, and the motion passed with the following roll call vote recorded: Yeas: Mrs. Tsukamoto, Dr. Esposito, Mr. Links, Mr. Catalanello, Mr. Landrigan. Mrs. Vitale Nays: None Mayor Conley declared Ordinance 18-2012 adopted and finally passed and ordered the Clerk to publish the notice thereof in the newspaper and to record the ordinance as required by law. ORDINANCE 19-2012 ORDINANCE OF THE BOROUGH OF MADISON APPROPRIATING $150,000.00 FROM THE GENERAL CAPITAL IMPROVEMENT FUND FOR IMPROVEMENTS TO THE CANDLEWOOD PUMP STATION WHEREAS, the Borough Engineer has recommended that the Borough appropriate $150,000.00 from the General Capital Improvement Fund for pump station improvements to the Candlewood Pump Station; and WHEREAS, the Chief Financial Officer has attested to the availability of the funds in the General Capital Improvement 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 General Capital Improvement Fund for pump station improvements to the Candlewood Pump Station. 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 General Capital Improvement Fund for pump station improvements to the Candlewood Pump Station. 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. PAGE 11 OF 35 Regular Meeting Minutes – September 10, 2012 up twenty (20) spaces in the Maple Avenue lot, and freeing up twenty (20) additional spaces in Lot #3 for daily parking permits. Mrs. Tsukamoto noted that she anticipates an increase of $26,000.00 in parking revenues. There was no objection to listing an ordinance for introduction. Ordinance 28-2012 is prepared for Introduction. ADVERTISED HEARINGS The Clerk made the following statement: Ordinances scheduled for hearing tonight were submitted in writing at a Regular meeting of the Mayor and Council held on August 13, 2012, were introduced by title and passed on first reading, were published in the Madison Eagle and made available to members of the general public requesting same. Mayor Conley called up Ordinances for second reading and asked the Clerk to read said ordinances by title: ORDINANCE 18-2012 ORDINANCE OF THE BOROUGH OF MADISON APPROPRIATING $485,000.00 FROM THE GENERAL CAPITAL IMPROVEMENT FUND FOR IMPROVEMENTS TO THE NORTH STREET PUMP STATION WHEREAS, the Borough Engineer has recommended that the Borough appropriate $485,000.00 from the General Capital Improvement Fund for pump station improvements to the North Street Pump Station; and WHEREAS, the Chief Financial Officer has attested to the availability of the funds in the General Capital Improvement Fund in an amount not to exceed $485,000.00 for this purpose; and WHEREAS, the Borough Council has determined that the Borough should appropriate $485,000.00 from the General Capital Improvement Fund for pump station improvements to the North Street Pump Station. 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 $485,000.00 is hereby appropriated from the General Capital Improvement Fund for pump station improvements to the North Street Pump Station. SECTION 2: The budget of the Borough is hereby amended to conform with the provisions of this Ordinance. SECTION 3: This Ordinance shall take effect as provided by law. Mayor Conley opened up the public hearing on Ordinance 18-2012. PAGE 10 OF 35 Regular Meeting Minutes – September 10, 2012 NOW, THEREFORE, BE IT RESOLVED, by the Council of the Borough of Madison in the County of Morris in the State of New Jersey that the Borough accepts the donation of the above described field house. BE IT FURTHER RESOLVED that the Borough of Madison expresses its gratitude to Madison Athletic Foundation. 9/10/2012-1 GREEN AVENUE STATE GRANT APPLICATION Borough Engineer Robert Vogel explained an application process for a grant request for the roadway reconstruction of Green Avenue noting an increase in the request. Mr. Vogel indicated that this project should rank well with the State. Mr. Vogel announced an informal community meeting to discuss future road improvement project to be held September 24, 2012. There was agreement to approve a resolution authorizing the grant application. Resolution 216-2012 is listed on the Consent Agenda. 9/10/2012-2 LED PRICE POINT SIGNS Mayor Conley provided information regarding a proposed LED sign ordinance noting that service stations are required by law to include specific information that is viable from the roadway. There was agreement to amend regulation for service stations. There was also agreement to refer the proposed ordinance back to the Planning Board. 9/10/2012-3 APPROPRIATION OF $150,000.00 FROM THE WATER CAPITAL IMPROVEMENT FUND FOR SEVERAL PROJECTS ON THE FIVE YEAR CAPITAL PLAN Mr. Vogel indicated that six independent projects at sewer pumping sites are include in the capital plan and will be covered by requested funding. There was no objection to listing an ordinance for introduction Ordinance 26-2012 is prepared for introduction. 9/10/2012-4 SENATE BILL #1534, EQUALIZING STANDING OF PRIVATE AND PUBLIC COLLEGES BEFORE LAND USE AGENCIES Mayor Conley explained that a letter sign by himself and eight other Mayor’s from communities within New Jersey that host Colleges and Universities apposing Senate bill #1534, will be sent to the State Senate. 9/10/2012-5 NOVEMBER COUNCIL MEETING DATE There was consensus to schedule a Council meeting on November 5th due to a conflict on the second Monday in November with the Veteran’s Day holiday and the New Jersey League of Municipalities Annual Conference. 9/10/2012-6 AMENDMENT TO CHAPTER 139, PEDDLING AND SOLICITING This item was removed from the agenda. 9/10/2012-7 AMENDMENT TO CHAPTER 134, PARKING LOTS Mrs. Tsukamoto provided explanation of a proposed amendment to the Borough Code Chapter 134, regarding parking lots, to increase commuter spaces by opening PAGE 9 OF 35 Regular Meeting Minutes – September 10, 2012 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. Sam Cerciello, Park Avenue, asked for explanation of proposed Ordinance 27- 2012 and Resolutions R 215-2012, R 216-2012 and R 217-2012. Mr. Codey and Mr. Giacobbe provided explanations Tim Harrington, Cross Gates Road, noted that the city of Newport, RI pays less for roadway reconstruction then the Borough and asked that descriptions of discussions be included on the meeting agenda. Sandeep Bhatt, Green Avenue, thanked Mayor and Council for meetings regarding the reconstruction of Green Avenue and urged continuation. Mr. Bhatt also inquired about the design plans and any deficiencies and asked that pot holes be repaired in the interim. AGENDA DISCUSSIONS 9/10/2012-1(a) MRC FIELD HOUSE BUILDING DONATION Mr. Giacobbe give details of a donation of a field house to the Borough from the Madison Athletic Foundation, noting that there are no liens or encumbrances. Mr. Nino Coviello representing the Madison Athletic Foundation, addressed the Mayor and Council, thanking them for accepting the gift and asked that the Junior Football Association have the right to supervise the use of the Filed House, as they have donated the appliances. Mr. Giacobbe advised that as a gift to the Borough it would be difficult to give one group authorization and suggest coming up with procedures for use of the Field House kitchen. Mr. Coviello was asked to send a letter to Mr. Codey. Mrs. Tsukamoto moved approval of Resolution R 226-2016. Dr. Esposito seconded the motion. There was no further Council discussion and the motion passed with the following roll call vote recorded: Yeas: Mrs. Tsukamoto, Dr. Esposito, Mr. Links, Mr. Catalanello, Mr. Landrigan. Mrs. Vitale Nays: None R 226-2012 RESOLUTION OF THE BOROUGH OF MADISON ACCEPTING DONATION OF A FIELD HOUSE AT THE MADISON RECREATION COMPLEX DONATED BY THE MADISON ATHLETIC FOUNDATION WHEREAS, the Madison Athletic Foundation (“MAF”) has generously offered to donate a field house at the Madison Recreation Center to the Borough; and WHEREAS, the Borough Council has concluded that it would be in the best interest of the Borough to accept the donated field house. PAGE 8 OF 35 Regular Meeting Minutes – September 10, 2012 Utilities Dr. Esposito, Chair of the Committee, made the following comments: Primary electrical service has been completed for 175 Park Avenue. Transmission line maintenance and tree trimming services continue. Hydrant maintenance program to begin. The Utilities Committee is getting together reports for the Asset Management meeting for a future utility asset management plan. The Planning Board continues discussion of a proposed LED ordinance. Public Works and Engineering Mr. Links, Chair of the Committee, made the following comments: Mr. Links reported, on behalf of the Madison Athletic Foundation, a donation of a field House at the Madison Recreation Center and thanked the Borough Administrator for making it happen. The Engineering Department has been involved in discussion with residents regarding Green Avenue and will hold an informal meeting on September 24th at 6:00 p.m. regarding pending roadway projects. Mr. Links announced that the Field House is now open for use and the maintenance shed is now complete. The Department of Public works has no report at this time. Finance and Borough Clerk Mr. Catalanello, Chair of the Committee, made the following comments: Mr. Catalanello announced that the Borough Clerk’s office will be open for late night voter registration for the upcoming General Election on October 16th until 8:00 p.m. Mr. Catalanello noted Candidates for Council positions from the Republican Party, John Hoover and Carmen Pico and Astri Baillie and Benjamin Wolkowitz as candidates for the Democratic Party. Boy Scout Troop 25 will conduct a trail project at the MRC site. The Borough Engineer and representatives from the Shade Tree Management Board and Parks Advisory Committees have approved the project and on October 20th Cadets from West Point will volunteer their help. More information will be provided. Community Affairs Mr. Landrigan, Chair of the Committee, made the following comments: Mr. Landrigan reported several health classes available at the Senior Center including Gentle Yoga and Zumba. September 12th will be the annual Senior trip at the Shore, and on September 19th the Senior Center will host a program regarding Medicare and the State Health program. Saturday September 29th the Madison Ambulance Corp. will hold a ‘Pig Roast” fundraiser. Residents can purchase tickets at the door. The Chamber of Commerce will host Bottle Hill Day on Saturday, October 6th. Mr. Landrigan noted that a number of Drew Student serve on the Madison Ambulance Corp., and have performed quite well. Health & Public Assistance Mrs. Vitale of the Committee made the following comments: Mrs. Vitale announced that the Madison Health Department will hold ‘Matter of Balance’ classes to increase balance and activity, simple exercise to increase strength and balance to be held at the Madison YMCA. Mrs. Vitale reported information regarding recent death in New Jersey from West Nile Virus noting that Madison has been treated for mosquitoes. COMMUNICATIONS AND PETITIONS-none INVITATION FOR DISCUSSION (1 of 2) Mayor Conley opened the meeting to the public for their opportunity to ask questions and make comments on those items listed on the Agenda only. PAGE 7 OF 35 Regular Meeting Minutes – September 10, 2012 Whereas, this distinguished group of community leaders successfully pooled their time, talent and finances to establish the Madison-Chatham Adult School, which is now a self-supporting, non-profit organization; and Whereas, the organization now known as the Adult School of the Chathams, Madison and Florham Park has a seventy-five year history of continuously providing extensive and widely varied classes readily available at a reasonable cost within the communities served to complement the more formal established school and college curricula; and Whereas, the Adult School has been eminently successful in anticipating, adapting and expanding its program offerings to incorporate changes in technology designed to better meet the evolving needs and interests of people, organizations and businesses; and Whereas, the Adult School offers 300 in-person classes plus 300 online classes each semester, registers just under 4,000 students each year, has daytime and evening classes at 14 different locations and attracts students from nearly 100 zip codes; NOW, THEREFORE, I, Robert H. Conley, on behalf of the Governing Body, do hereby recognize, honor and congratulate present and past members of the Board of Trustees, faculty and staff of the Adult School of the Chathams, Madison and Florham Park for their vision, foresight and dedication to the organization and for its seventy-five successful years as an increasingly more valuable resource for lifelong education in our communities. _________________________________ Robert H. Conley, Mayor September 10, 2012 REPORTS OF COMMITTEES Public Safety Mrs. Tsukamoto, Chair of the Committee, made the following comments: The Madison Police Department will be hosting a prescription drug drop off program on Saturday September 29th and encouraged residents to dispose of prescription drugs properly. Mrs. Tsukamoto reminded residents that schools are now open and to drive carefully. The Park Avenue construction project is completed, but detours remain along Main Street as PSE&G improvement work continues. September is National Preparedness Month, information can be found at www.ready.nj.govr. The Madison Police Department responded to 25 car crashes, 64 medical emergencies, made 16 arrests and answered 2,225 calls for service. The Madison Fire Department is in need of volunteers. Applications can be found at www.madisonfd.com. The newly formed Complete Streets Committee met for the first time, discussing safety issues at Tory J. Sabatini School and the Madison Junior School. A resolution is listed for consideration this evening to reduce the speed limit along Main Street in front of the Junior School. The Museum of Early Trades and Crafts recently conducted a preservation study and plan and discovered that several area of moisture have created damage. Repair projects will be completed, as the Museum is able to raise funds. PAGE 6 OF 35 Regular Meeting Minutes – September 10, 2012 WHEREAS, these households are confidentially recommended to the fund by school social workers and clergy and then are contacted by the Christmas Fund to personalize family gift lists to include ages, clothing sizes and desired toys; and WHEREAS, the gifts, which are wrapped and delivered by the volunteers, are purchased with generous donations provided by the caring community of Madison and through gift drives by Madison students, merchants and civic groups; and WHEREAS, both Patty Raneri and Kathy McBrady have volunteered to shop for the Madison Eagle Christmas Fund for over twelve years; and WHEREAS, the Madison Eagle Christmas Fund has benefited greatly from the service of Patty Raneri and Kathy McBrady as co-chairpersons who each have volunteered over 200 hours per year for the past four years; NOW, THEREFORE, I, Robert H. Conley, Mayor of the Borough of Madison, on behalf of the Governing Body, do hereby extend thanks and appreciation to Patty Raneri and Kathy McBrady for their many years as Madison Eagle Christmas Fund volunteers. Their efforts, dedication and commitment make Madison a special place in which to live. ______________________ Robert H. Conley, Mayor September 10, 2012 In recognition of the 75th Anniversary of the Adult School for the Chathams, Madison and Florham Park, Mayor Conley presented a proclamation to Dr. Victor Schumacher, Lou Gaburo, Vice President Donna Chalais, Secretary Peter Vernon, and Clare Sievers. Proclamation of the B o r o u g h o f M a d i s on In Recognition of the 75th Anniversary of The Adult School of the Chathams, Madison and Florham Park Whereas, seventy-five years ago in 1937, the chairperson of the Madison Social Planning Council called together a committee to consider the organization of an Adult Education School as a cooperative effort between the communities of Chatham, Madison and Florham Park; and PAGE 5 OF 35 Regular Meeting Minutes – September 10, 2012 Whereas, the Independent Thrift Shop, through the efforts of donors and volunteers from Madison, the Chathams, Florham Park, Springfield, Summit, Short Hills, Berkeley Heights and New Providence, provides an outstanding service for Madison and surrounding communities; and Whereas, profits from the sales of donated items purchased by the public support many worthwhile organizations each year; and Whereas, the Independent Thrift Shop, in its seventy years of operation, has donated over one million dollars to charities; NOW, THEREFORE, I, Robert H. Conley, on behalf of the Governing Body, do hereby extend congratulations to the Independent Thrift Shop on its 70th Anniversary and express thanks to the many volunteers who have diligently contributed to its success. ___________________________ Robert H. Conley, Mayor September 10, 2012 In recognition of Patty Raneri and Kathy McBrady (as co-chairpersons for the Madison Eagle Christmas Fund), Mayor Conley presented a proclamation to Patty Raneri and Kathy McBrady. Proclamation of the B o r o u g h o f M a d i s on In Recognition of Patty Raneri and Kathy McBrady September 10, 2012 WHEREAS, Patty Raneri and Kathy McBrady, long-time and highly respected volunteers for the Madison Eagle Christmas Fund, are stepping down after co- chairing the fund for the past four years; and WHEREAS, the Christmas Fund started many years ago when resident Barbara Valk and her family decided to spread the holiday spirit to a few senior citizens at Christmastime with gifts and the tradition has grown into the Madison Eagle Christmas Fund involving many volunteers; and WHEREAS, last year, these volunteers helped 100 households struggling with hardships to enjoy the holidays by providing them with gifts of warm clothing, new shoes, food gift certificates and toys for the children; and PAGE 4 OF 35 Regular Meeting Minutes – September 10, 2012 Mrs. Tsukamoto moved approval of the Executive Minutes of June 25, 2012. Dr. Esposito seconded the motion, which passed with the following roll call vote recorded: Yeas: Mrs. Tsukamoto, Dr. Esposito, Mr. Links, Mr. Catalanello, Mr. Landrigan. Mrs. Vitale Nays: None GREETINGS TO PUBLIC Mayor Conley made the following comments: Employee of the Month for September: Joseph Forte of the Department of Public Works, for discovering a water leak while mowing borough-owned property and helping the Water Department track the leak to a fire hydrant damaged by unauthorized use. The hydrant was repaired - saving the Borough water and money. Proclamations: In recognition of the 70th Anniversary of the Independent Thrift Shop, Mayor Conley presented a proclamation to current president Bev Davie and past presidents Dorrit Stagg and Marilyn (Dolly) Reeve. Proclamation of the B o r o u g h o f M a d i s on In recognition of the 70th Anniversary of the Independent Thrift Shop Whereas, the Independent Thrift Shop was founded by a dedicated group of volunteers from the Madison-Chatham Red Cross; and Whereas, in 1942, these volunteers had planned to auction donated items to help fund a new ambulance for Madison, but the auction was cancelled due to inclement weather; and Whereas, the unsold items were then taken to a store at 14 Waverly Place to sell; and Whereas, the original volunteers decided to make this a permanent project and the Independent Thrift Shop was created; and Whereas, the Independent Thrift Shop moved to 14 Central Avenue and over the years occupied space at 5 Central Avenue, then 15 Central Avenue and in 1996, moved to its current location at 33 Kings Road; and PAGE 3 OF 35 Regular Meeting Minutes – September 10, 2012 GVRS PILOT/BOE OMLAND ENGINEERING ASSOC., INC. Date of public disclosure 60 days after conclusion, if disclosure required. PERSONNEL MATTERS (6) POLICE DEPARTMENT TEAMSTERS LOCAL UNION NO. 469 HEALTH OFFICER CUSTOMER SERVICEMAN PART-TIME SALARY ADJUSTMENTS PURCHASING OFFICER Date of public disclosure 90 days after conclusion, if disclosure required. Seconded: Dr. Esposito Vote: Approved by voice vote RECONVENE IN COUNCIL CHAMBER Mayor Conley reconvened the Regular Meeting at 8 p.m. in the Council Chamber with all members present. The Pledge of Allegiance was recited by all. APPROVAL OF MINUTES Mrs. Tsukamoto moved approval of the Executive Minutes of May 30, 2012. Dr. Esposito seconded the motion, which passed with the following roll call vote recorded: Yeas: Mrs. Tsukamoto, Dr. Esposito, Mr. Links, Mr. Catalanello, Mr. Landrigan. Mrs. Vitale Nays: None Mrs. Tsukamoto moved approval of the Regular Meeting Minutes of May 30, 2012. Dr. Esposito seconded the motion, which passed with the following roll call vote recorded: Yeas: Mrs. Tsukamoto, Dr. Esposito, Mr. Links, Mr. Catalanello, Mr. Landrigan. Mrs. Vitale Nays: None Mrs. Tsukamoto moved approval of the Executive Minutes of June 11, 2012. Dr. Esposito seconded the motion, which passed with the following roll call vote recorded: Yeas: Mrs. Tsukamoto, Dr. Esposito, Mr. Links, Mr. Catalanello, Mr. Landrigan. Mrs. Vitale Nays: None Mrs. Tsukamoto moved approval of the Regular Meeting Minutes of June 11, 2012. Dr. Esposito seconded the motion, which passed with the following roll call vote recorded: Yeas: Mrs. Tsukamoto, Dr. Esposito, Mr. Links, Mr. Catalanello, Mr. Landrigan. Mrs. Vitale Nays: None PAGE 2 OF 35 MINUTES OF A REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF MADISON September 10, 2012 - 7 p.m. CALL TO ORDER The Regular Meeting of the Mayor and Council of the Borough of Madison was held on the 10th day of September, 2012. Mayor Conley called the meeting to order at 7 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 5, 2012. This Notice was made available to members of the general public.” ROLL CALL The Borough Clerk called the roll and the following acknowledged their presence: Mayor Robert H. Conley Council Members: Jeannie Tsukamoto Vincent A. Esposito Donald R. Links Robert G. Catalanello Robert Landrigan Carmela Vitale Also Present: Raymond M. Codey, Borough Administrator James E. Burnet, Assistant Borough Administrator Elizabeth Osborne, Borough Clerk Matthew J. Giacobbe, Esq. Acting Borough Attorney AGENDA REVIEW There was approval of the Regular and Executive Agenda. READING OF CLOSED SESSION RESOLUTION Mrs. Tsukamoto moved: RESOLVED, that the meeting be adjourned to an Executive Session to consider the following matters: MINUTES FOR APPROVAL (1) Executive Minutes of May 30, 2012 Executive Minutes of June 11, 2012 Executive Minutes June 25, 2012 Date of public disclosure 60 days after conclusion, if disclosure required. CONTRACT MATTERS (4) 10 MAPLE AVENUE PAY-TO-PLAY