Mayor & Council

Regular Meeting Minutes – December 10, 2012 Community Affairs 2,376.24 Finance & Borough Clerk 2,898,295.71 Utilities 292,654.04 Total $3,444,686.40 The following roll call vote was recorded approving the aforementioned vouchers: Yeas: Mrs. Tsukamoto, Dr. Esposito, Mr. Links, Mr. Landrigan. Mrs. Vitale Nays: None Absent: Mr. Catalanello NEW BUSINESS - None ADJOURN There being no further business to come before the Council, the meeting was adjourned at 9:30 p.m. Respectfully submitted, Elizabeth Osborne Borough Clerk Approved January 14, 2013 (EO) PAGE 24 OF 24 Regular Meeting Minutes – December 10, 2012 improvements at a total price not to exceed $33,471.90, in a form acceptable to the Borough Attorney. 3. When received, the Business Entity Disclosure Certification, Political Contribution Disclosure Form and the Determination of Value shall be placed on file with this resolution. 4. The Borough Clerk is hereby directed to publish notice of the 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 296-2012 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING NOTICE OF DEED RESTRICTION FOR A PORTION OF THE PREMISES KNOWN AS BLOCK 601, LOT 1.01 ON THE CURRENT TAX MAP OF THE BOROUGH OF MADISON WHEREAS, the Borough Engineer has recommended that the Borough Council authorize a Notice of Deed Restriction on a portion of the property commonly know as the Madison Recreation Center, Block 1401, Lot 5.02 on the current tax map of the Borough of Madison, to facilitate the disbursement of New Jersey Department of Environmental Protection, Green Acres Program funding; and WHEREAS, the New Jersey DEP, Green Acres Program will provide funding to the Borough of Madison for costs associated with the acquisition of property known as the Madison Recreation Center in the amount in excess of $1.2 million dollars; and WHEREAS, the Borough Council has determined to authorize the execution of a Notice of Deed Restriction to a portion of the deed for the Madison Recreation Center site. NOW, THEREFORE, BE IT RESOLVED, by the Council of the Borough of Madison, County of Morris, and State of New Jersey, that the Mayor and Borough Clerk are hereby authorized to execute on behalf of the Borough of Madison a Notice of Deed Restriction in a form approved by the Acting Borough Attorney. UNFINISHED BUSINESS - None APPROVAL OF VOUCHERS On motion by Mrs. Tsukamoto seconded by Dr. Esposito and carried, the following vouchers of the Borough of Madison were approved for payment, and the supporting documentation of said vouchers was made part of the Supplemental Minute Book. Public Safety $59,558.68 Health & Public Assistance 3,344.15 Public Works & Engineering 188,457.58 PAGE 23 OF 24 Regular Meeting Minutes – December 10, 2012 WHEREAS, the Borough of Madison desires to purchase services for fence installation on property owned by and known as Block 601 Lot 1.01 in the Borough of Madison from an authorized vendor under State and County Contracts; and WHEREAS, the purchase of goods and services through pre-bid State and County agencies by local contracting units is authorized by the Local Public Contracts Law, N.J.S.A. 40A:11-12, et seq; and WHEREAS, E.B. FENCE, LLC. OF CEDARBROOK, NEW JERSEY has been awarded New Jersey State and Morris County Cooperative Bid Contracts; and WHEREAS, the Borough Engineer has recommended that the Borough Council utilize these contracts for fence installation in the total amount of $33,471.90; and WHEREAS, the Borough Engineer has determined and certified in writing that the cumulative value of services in this calendar year will exceed $17,500.00; and WHEREAS, E.B. FENCE, LLC. OF CEDARBROOK, NEW JERSEY must submit to the Borough Purchasing Agent the required documents to satisfy the requirements of N.J.S.A. 19:44A-20.5, since this matter may be awarded via cooperative bidding; and WHEREAS, E.B. FENCE, LLC. OF CEDARBROOK, NEW JERSEY, must complete and submit a Business Entity Disclosure Certification which certifies that the vendor has not made any reportable contributions to a political or candidate committee in the Borough of Madison in the previous one year; and WHEREAS, the Director of Finance has attested that funds will be available in an amount not to exceed $33,471.90 for this purpose, pursuant to R280-2012 authorizing use of Municipal Open Space Trust funds. NOW, THEREFORE, BE IT RESOLVED by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, as follows: 1. Upon ten days after receipt of the Business Entity Disclosure Certification and other required documents from E.B. FENCE, LLC., the purchase of services for fence improvements on Madison Tax Block 601 Lot 1.01 at a total price not to exceed $33,471.90 is hereby approved under New Jersey State and Morris County contracts. 2. Upon ten days after receipt of the Business Entity Disclosure Certification and other required documents from E.B. FENCE, LLC., the Mayor and Borough Clerk are hereby authorized and directed on behalf of the Borough to execute a purchase order and contract to E.B. FENCE, LLC.. for the fence PAGE 22 OF 24 Regular Meeting Minutes – December 10, 2012 WHEREAS, There appears to be insufficient funds in the following accounts (excepting the appropriation for Contingent Expenses or Deferred Charges) to meet the demands for the balance of Police Department – Overtime, Health Department – Other Expenses, and; WHEREAS, There appears to be surplus in the following accounts (excepting the appropriation for Contingent Expenses, Deferred Charges, Cash Deficit of Preceding Year, Reserve for Uncollected Taxes, Down Payments, Capital Improvement Fund, or Interest and Debt Redemption Charges), over and above the demand deemed to be necessary for the balance of the Current Year, in Health Insurance – Other Expenses, Health Department – Salaries & Wages, and Police Department – Other Expenses. NOW, THEREFORE, BE IT RESOLVED, (not less than two-thirds of all the members thereof affirmatively concurring) that in accordance with the provision of R.S. 40A:4-58, part of the surplus in the account heretofore mentioned be and the same are hereby transferred to the account (excepting the appropriation for Contingent Expenses or Deferred Charges) mentioned as being insufficient, to meet the current demands, and; BE IT FURTHER RESOLVED, that the Chief Financial Officer be and is hereby authorized and directed to make the following transfers: R 294-2012 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING CANCELLATION OF AN OLD ACCOUNT BALANCE IN THE WATER UTILITY OPERATING FUND WHEREAS, the Chief Financial Officer has recommended that an old Revenue Accounts Receivable Balance in the Water Utility Operating Fund in the amount of $1,658.60 be canceled; and WHEREAS, the Chief Financial Officer has indicated that the Auditors have recommended that this balance should be canceled. 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 amount of $1,658.60 in the Water Utility Operating Fund be canceled as being out of date. R 295-2012 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING SERVICES FROM E.B. FENCE, LLC. OF CEDAR BROOK, NEW JERSEY UNDER STATE AND COUNTY CONTRACT FOR FENCE MATERIAL AND CONSTRUCTION PAGE 21 OF 24 Regular Meeting Minutes – December 10, 2012 WHEREAS, the Chief Financial Officer has indicated that the Chief Accountant has recommended these items should be canceled. NOW, THEREFORE, BE IT RESOLVED, by the Council of the Borough of Madison, in the County of Morris and State of New Jersey as follows: 1. All outstanding checks and charges listed on the attached Memorandum dated October 22, 2012 from Francine DeAngelis, Chief Accountant, to Robert Kalafut. Chief Financial Officer, be canceled. 2. The Chief Financial Officer is authorized to take whatever action is necessary to effectuate this Resolution. R 291-2012 RESOLUTION FO THE BOROUGH OF MADISON AUTHORIZING CANCELLATION OF OLD FEDERAL AND STATE GRANT RESERVE BALANCES WHEREAS, the Madison Borough Chief Financial Officer has recommended that old Federal and State Grant Reserve Balances be canceled, with these funds to be transferred to the Miscellaneous Revenue Account. 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: 3. All federal and state grant reserve balances as listed on the attached schedule prepared by the Chief Financial Officer, be canceled, with these funds to be transferred to the Miscellaneous Revenue Account. 4. The Chief Financial Officer is authorized to take whatever action is necessary to effectuate this Resolution. R 292-2012 RESOLUTION OF THE BOROUGH OF MADISON COUNCIL APPROVING CORRECTIVE ACTION PLAN REPORT WHEREAS, the 2011 Audit Report prepared by the Municipal Auditor contained seven (7) recommendations to be remedied, and; WHEREAS, the Chief Financial Officer has prepared a Corrective Action Plan which the Borough Council has reviewed and approved. 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 Corrective Action Plan attached hereto is hereby approved. R 293-2012 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING 2012 BUDGET TRANSFERS PAGE 20 OF 24 Regular Meeting Minutes – December 10, 2012 WHEREAS, the Borough Engineer, Acting Purchasing Agent and Acting Borough Attorney have recommended that the Borough Council award the contract to Cifelli & Son General Construction, Inc. in the amount of $230,345.50; and WHEREAS, the Chief Financial Officer has attested that funds will be available in an amount not to exceed $230,345.50 for this purpose which funds were appropriated by Ordinance 21-2012. 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 the Samson Avenue Improvements is hereby awarded to Cifelli & Son General Construction, Inc., based upon its bid in the amount of $230,345.50. 2. The Mayor and Borough Clerk are hereby authorized and directed on behalf of the Borough to enter into the contract with Cifelli & Son General Construction, Inc., in a form acceptable to the Acting Borough Attorney. R 289-2012 RESOLUTION OF THE BOROUGH OF MADISON CANCELLING COMPLETED CAPITAL IMPROVEMENT ORDINANCES WHEREAS, the Chief Financial Officer has reviewed a list of open capital projects and has determined that several capital projects have been completed and the improvement authorization accounts should be closed; and WHEREAS, the Chief Financial Officer has recommended that the Council adopt a Resolution canceling the open dollar balances in such completed projects; and WHEREAS, the Borough Council has determined to make such cancellation. NOW, THEREFORE, BE IT RESOLVED by the Council of the Borough of Madison, in the County of Morris and State of New Jersey that the list of open capital projects annexed hereto are hereby cancelled. R 290-2012 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING CANCELLATION OF OLD OUTSTANDING CHECKS, BANK ERRORS AND RETURNED CHECKS WHEREAS, the Madison Borough Chief Financial Officer has recommended that old outstanding checks, bank errors and returned checks be canceled as being out of date; and PAGE 19 OF 24 Regular Meeting Minutes – December 10, 2012 WHEREAS, three qualified bids were received from Turtle & Hughes, Inc., of Bridgewater, New Jersey, Spectrum Power Products, LLC of Bath, Pennsylvania, and Stuart C. Irby Co. of Liverpool, New York; and WHEREAS, the Electric Utility Superintendent, Acting Purchasing Agent and Acting Borough Attorney have recommended that the Borough Council award a contract for certain electric materials to Turtle & Hughes, Inc., for the Electric Department in an amount not to exceed $13,106.66 and a contract for certain electric materials to Spectrum Power Products, LLC in an amount not to exceed $3,692.85 and a contract for certain electric materials to Stuart C. Irby Co. in an amount not to exceed $6,823.46; and WHEREAS, the Chief Financial Officer has attested that funds will be available in an amount not to exceed $24,000.00 for this purpose, in Account 502, subaccount 315. 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 the purchase of certain electric materials for the Electric Department is hereby awarded to each of the following: Turtle & Hughes, Inc. in an amount not to exceed $13,106.66; Spectrum Power Products, LLC in an amount not to exceed $3692.85 and Stuart C. Irby Co. in an amount not to exceed $6,823.46. 2. The Mayor and Borough Clerk are hereby authorized and directed on behalf of the Borough to enter into contracts with Turtle & Hughes, Inc., Spectrum Power Products, LLC, and Stuart C. Irby Co., in a form acceptable to the Acting Borough Attorney. R 288-2012 RESOLUTION OF THE MADISON BOROUGH COUNCIL AWARDING CONTRACT TO CIFELLI & SON GENERAL CONSTRUCTION, INC. OF NUTLEY NJ FOR PROJECT ENTITLED SAMSON AVENUE IMPROVEMENTS WHEREAS, the Borough of Madison publicly advertised for bids for the Samson Avenue Improvements project (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 (base bid, plus add alternate) was submitted by Cifelli & Son General Construction, Inc., in the amount of $230,345.50; and PAGE 18 OF 24 Regular Meeting Minutes – December 10, 2012 R 286-2012 RESOLUTION OF THE BOROUGH OF MADISON AWARDING MEDIUM VOLTAGE LOAD INTERRUPTER SWITCHES AND PREFERRED/ALTERNATE SWITCHES BID TO STUART C. IRBY, COMPANY OF LIVERPOOL, NEW YORK IN THE AMOUNT OF $214,430.00 WHEREAS, the Borough of Madison publicly advertised for the purchase of medium voltage load interrupter switches and preferred/alternate switches (the “Contract”) in accordance with the Local Public Contracts Law, N.J.S.A. 40A:11-1, et seq.; and WHEREAS, the lowest qualified bid was submitted by Stuart C. Irby Co., of Liverpool, New York, in the amount of $214,430.00; and WHEREAS, the Electric Utility Superintendent, Acting Purchasing Agent and Acting Borough Attorney have recommended that the Borough Council award the contract to Stuart C. Irby Co., of Liverpool, New York, in the amount of $214,430.00; and WHEREAS, the Chief Financial Officer has attested that funds will be available in an amount not to exceed $214,430.00 for this purpose which funds were appropriated by Ordinance 25-2011. 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 the purchase of medium voltage load interrupter switches and preferred/alternate switches is hereby awarded to Stuart C. Irby Co., of Liverpool, New York, based upon its bid in the amount of $214,430.00. 2. The Mayor and Borough Clerk are hereby authorized and directed on behalf of the Borough to enter into the contract with Stuart C. Irby Co., in a form acceptable to the Acting Borough Attorney. R 287-2012 RESOLUTION OF THE MADISON BOROUGH COUNCIL AWARDING ELECTRIC MATERIALS BID TO SUMMIT ELECTRIC SUPPLY IN THE AMOUNT OF $17,703.50 AND TURTLE & HUGHES IN THE AMOUNT OF $14,204.86 AND SPECTRUM POWER PRODUCTS IN THE AMOUNT OF $21,057.04 WHEREAS, the Borough of Madison publicly advertised for bids for the purchase of Electric Department materials in accordance with the Local Public Contracts Law, N.J.S.A. 40A:11-1, et seq.; and WHEREAS, three bids were received for various electric materials for the Electric Department; and PAGE 17 OF 24 Regular Meeting Minutes – December 10, 2012 WHEREAS, S-2/A-1171 is also based on the misconception that smaller governments are less efficient and effective than larger ones, an assumption that is not necessarily the case and contrary to lessons learned from recent events in which the municipal elected officials and professionals were very effective in pooling their resources and responding quickly; and WHEREAS, there is no overnight cure to our property tax crisis and shared services, and consolidation or other cost saving measures are long-term actions where benefits/savings may not be seen for a number of years down the road; NOW, THEREFORE, BE IT RESOLVED by the governing body of the Borough of Madison in the County of Morris strongly opposes S-2/A-1171 not only on the issue of the voter penalty but on the loss of the Civil Service reform; and BE IT FURTHER RESOLVED that S-2/A-1171 be reviewed by the Red Tape Review Commission, which has tirelessly worked to remove government hurdles, and the Civil Service Commission before the bill proceeds to ensure that the proposed amendments do not create additional Civil Service burdens and hurdles that further impede shared services and drive up cost; and BE IT FURTHER RESOLVED, that copies of this Resolution be forwarded to the Governor of the State of New Jersey, our State Legislators and the League of Municipalities. R 285-2012 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING MORRIS HABITAT FOR HUMANITY 14TH ANNUAL BIKE & HIKE ON SATURDAY, JUNE 1, 2013 WHEREAS, Morris County Habitat for Humanity has requested to hold a “Bike & Hike” event in Madison on Saturday, June 1, 2013, for the benefit of supporting Morris Habitat’s mission to build affordable housing in and around Morris County; and WHEREAS, the run will begin at 7:30 a.m., on the grounds of Giralda Farms; and WHEREAS, Acting Police Chief Dachisen recommends approval of this request. NOW, THEREFORE, BE IT RESOLVED, by the Council of the Borough of Madison, County of Morris, State of New Jersey, that the request of Morris County Habitat for Humanity to hold a “Bike & Hike” in Madison on Saturday, June 1, 2013, as described herein is hereby approved, subject to any safety requirements imposed by the Madison Police Department, and the Mayor is authorized to sign a Hold Harmless Agreement as approved by the Acting Borough Attorney and to request a Certificate of Liability Insurance for this event. PAGE 16 OF 24 Regular Meeting Minutes – December 10, 2012 WHEREAS, initially S-2 removed or reduced many of the roadblocks that increase the costs of shared services – things like terminal leave, pay, civil service mandates, employee tenure requirements – many of the original provisions in the bill could reduce the costs and hurdles to shared services and consolidations, produce municipal savings and promote relief for our taxpayers; and WHEREAS, the recent amendments to S-2 removed many of the labor provisions that would have given municipalities tools to implement a shared service without the time consuming hurdles that diminished the savings and will now discourage shared services from a municipalities' perspective by continuing the hindrances imposed by Civil Service; and WHEREAS, the amendments removed not only the preamble language that the bill would “supersede existing Civil Service and tenure provisions” but also removed the suspension of Civil Service rules regarding layoff, transfer, seniority, testing, bumping rights and tenure; and WHEREAS, the amendments would now require that any non-civil service municipality who has a shared service agreement with a civil service municipality serving as the Lead Agency be brought into the civil service system, thus expanding the civil service system; and WHEREAS, the amendments would require that municipalities entering into the shared service agreement be subject to civil service rules and collective bargaining agreements for determining which employee stays, protects the seniority provisions removing management prerogatives on retaining the best qualified and most efficient work force; and WHEREAS, the amendments would require that any contractual provision dispute be settled by mediation, or if necessary, arbitration which will impede the process from moving expeditiously and will not result in cost savings, and which will likely result in mediation and arbitration becoming the norm thus leading to delays and additional cost; and WHEREAS, S-2 would, on the one hand, allow the voters to express their will; but on the other hand, inform those voters that they will lose their State Aid if their will does not comport with that of a majority of the appointed members of the Local Unit, Realignment and Consolidation Commissioner, (LUARCC); and WHEREAS, while we appreciate the consideration and acceptance of the amendments that would clarify the process, on balance, the benefits of those amendments are outweighed by the lose of the suspension of the Civil Service rules and regulations; and WHEREAS, S-2/A-1171 is based on the misconception that municipalities do not share services when in fact shared Services are not a new concept to municipalities, dating back well before the Interlocal Services Act of 1973;and PAGE 15 OF 24 Regular Meeting Minutes – December 10, 2012 Absent: Mr. Catalanello R 282-2012 RESOLUTION OF THE BOROUGH OF MADISON APPROVING RAFFLES LICENSE APPLICATION SUBMITTED BY FRIENDS OF THE MADISON PUBLIC LIBRARY 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: FRIENDS OF MADISON PUBLIC LIBRARY I.D. No. 274-5-37411 R.A. No. 1263 – Off Premise 50/50 March 2, 2013 BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded to the Legalized Games of Chance Control Commission. R 283-2012 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING INTERLOCAL SERVICES AGREEMENT WITH THE BOROUGH OF CHATHAM TO PROVIDE CONSTRUCTION CODE, PLUMBING SUB-CODE AND ELECTRICAL SUB-CODE SERVICES WHEREAS, the Borough Administrator has recommended that a revised Interlocal Services Agreement be entered into with the Borough of Chatham to provide enhanced construction code, plumbing sub-code and electrical sub-code services; and WHEREAS, the Borough of Madison would be the provider of said services and the Borough of Chatham would be the recipient of said services; and WHEREAS, the revised Interlocal Services Agreement would terminate on December 31, 2014, with a provision that either party may terminate its participation in the Agreement by giving the other party 120 days written notice in advance; 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 is authorized to execute and the Borough Clerk is authorized to attest to a revised Interlocal Services Agreement with the Borough of Chatham as described herein in a form approved by the Acting Borough Attorney. R 284-2012 RESOLUTION OF THE BOROUGH OF MADISON OPPOSING NEW JERSEY SENATE BILL S-2/A-1171, REGARDING SHARED SERVICES WHEREAS, S-2/A-1171 are meant to promote the more effective operation of local government and sharing of services among local units and PAGE 14 OF 24 Regular Meeting Minutes – December 10, 2012 Mayor Conley opened up the public hearing on Ordinance 40-2012. Since no member of the public wished to be heard, the public hearing was closed. Dr. Esposito moved that Ordinance 40-2012, which was read by title, be finally 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. Landrigan. Mrs. Vitale Nays: None Absent: Mr. Catalanello Mayor Conley declared Ordinance 40-3012 adopted and finally passed and asked the Clerk to publish notice thereof in the newspaper and file the ordinance in accordance with the 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. Sam DeMarzo, Ridgedale Avenue, thanked Council Member Links for his efforts to make the construction of the synthetic turf fields at the Madison Recreation Center a reality, and thanked him for his service to the Borough. Tom Piskula, Valley Road, noted that he looks forward to Council’s continuing work to redevelop the Green Village Road School property and hopes that shared services efforts will continue. Mr. Piskula also asked that the Council liaison appointed to the Board of Education attend Board meetings more regularly. Carmen Pico, North Street, thanked Council Member Links for his service as Council Member. Kenneth Sullivan, Independence Court, noted that roadway reconstruction on Woodland Road is not completed and noted that storm debris in his neighborhood has not been removed. INTRODUCTION OF ORDINANCES -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. 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. Landrigan. Mrs. Vitale Nays: None PAGE 13 OF 24 Regular Meeting Minutes – December 10, 2012 SECTION 3: This Ordinance shall take effect as provided by law. Mayor Conley opened up the public hearing on Ordinance 39-2012. Since no member of the public wished to be heard, the public hearing was closed. Dr. Esposito moved that Ordinance 39-2012, which was read by title, be finally 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. Landrigan. Mrs. Vitale Nays: None Absent: Mr. Catalanello Mayor Conley declared Ordinance 39-3012 adopted and finally passed and asked the Clerk to publish notice thereof in the newspaper and file the ordinance in accordance with the law. ORDINANCE 40-2012 ORDINANCE OF THE BOROUGH OF MADISON APPROPRIATING $70,000.00 FROM THE GENERAL CAPITAL IMPROVEMENT FUND FOR THE PURCHASE OF A UTILITY TRUCK AND ACCESSORIES WHEREAS, the Superintendent of Public Works has recommended that the Borough appropriate $70,000.00 from the General Capital Improvement Fund for the purchase of a utility truck and accessories, lost in recent Hurricane Sandy; 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 $70,000.00 for this purpose; and WHEREAS, the Borough Council has determined that the Borough should appropriate $70,000.00 from the General Capital Improvement Fund for the purchase of a utility truck and accessories. 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 $70,000.00 is hereby appropriated from the General Capital Improvement Fund for the purchase of a utility 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. PAGE 12 OF 24 Regular Meeting Minutes – December 10, 2012 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 38-2012. Since no member of the public wished to be heard, the public hearing was closed. Dr. Esposito moved that Ordinance 38-2012, which was read by title, be finally 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. Landrigan. Mrs. Vitale Nays: None Absent: Mr. Catalanello Mayor Conley declared Ordinance 38-3012 adopted and finally passed and asked the Clerk to publish notice thereof in the newspaper and file the ordinance in accordance with the law. ORDINANCE 39-2012 ORDINANCE OF THE BOROUGH OF MADISON APPROPRIATING $46,000.00 FROM THE GENERAL CAPITAL IMPROVEMENT FUND FOR TWO HVAC UNITS FOR THE MADISON PUBLIC LIBRARY WHEREAS, the Library Director has recommended that the Borough appropriate $46,000.00 from the General Capital Improvement Fund to replace HVAC units at the Madison Free Public Library; and WHEREAS, the approved 2012 Capital Budget recognized this expenditure; 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 $46,000.00 for this purpose; and WHEREAS, the Borough Council has determined that the Borough should appropriate $46,000.00 from the General Capital Improvement Fund to replace HVAC units at the Madison Free Public Library; 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 $46,000.00 is hereby appropriated from the General Capital Improvement Fund to replace HVAC units at the Madison Free Public Library SECTION 2: The budget of the Borough is hereby amended to conform with the provisions of this Ordinance. PAGE 11 OF 24 Regular Meeting Minutes – December 10, 2012 Mr. Kalafut explained that the Auditors have recommended cancellation of this account, which has been on the balance sheet as a stand alone amount for over ten year. There was no objection to listing Resolution R 294-2012on the Consent Agenda. 12/10/2011-7 BOROUGH OF UNION BEACH UPDATE Mayor Conley thanked staff and residents who participated in last weeks meeting with officials in the storm damaged community of Union Beach, New Jersey, and noted that their electric system has been damaged and inspection and inspectors are needed, before restoration. This community is also in need of police vehicles, ambulances and fire trucks. Mayor Conley thanked the many Madison church groups, schools and individuals for their help. Mayor Conley noted that staff and several students of the Madison Junior School will be making a trip to Union Beach to help with clean up. 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 November 26, 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 38-2012 ORDINANCE OF THE BOROUGH OF MADISON APPROPRIATING $480,000.00 FROM THE GENERAL CAPITAL IMPROVEMENT FUND FOR ROAD IMPROVEMENTS ON ROSEDALE AVENUE WHEREAS, the Borough Engineer has recommended that the Borough appropriate $480,000.00 from the General Capital Improvement Fund for road improvements to Rosedale Avenue, including new pavement, traffic calming and pedestrian sidewalk ramp improvements; 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 $480,000.00 for this purpose; and WHEREAS, the Borough Council has determined that the Borough should appropriate $480,000.00 from the General Capital Improvement Fund for road improvements to Rosedale 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 $480,000.00 is hereby appropriated from the General Capital Improvement Fund for road improvements to Rosedale Avenue. PAGE 10 OF 24 Regular Meeting Minutes – December 10, 2012 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. 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. Richard Zipper, Greenwood Avenue, asked if part of the roadway reconstruction place for Rosedale Avenue include improvement of site line at the intersection of Rosedale and Greenwood Avenues. Borough Engineer Robert Vogel noted that the Complete Streets committee has discussed improvements, including stripping, which is part of the improvements project. AGENDA DISCUSSIONS 12/10/2012-1 CANCELLATION OF COMPLETED CAPITAL IMPROVEMENT ORDINANCES After a review of the schedule of open capital ordinances, Borough of Madison CFO Robert Mr. Kalafut recommended cancelling 14 ordinances in the General Capital Fund in the amount of $51,881.19, cancelling 4 ordinances in the Water Capital Fund in the amount of $58,678.61 and cancelling 2 ordinances in the Electric Capital Fund in the amount of $2,706.00, for a total of 20 ordinances. There was no objection to listing Resolution R 289-2012 on the Consent Agenda. Resolution 289-2012 is listed on the Consent Agenda. 12/10/2012-2 CANCELLATIONS OF ALL OUTSTANDING CHECKS AND BANK ERRORS Mr. Kalafut explained that this is a routine resolution approved annually to cancel outstanding checks and bank errors. Resolution R 290-2012 is listed on the Consent Agenda. 12/10/2012-3 CANCELLATION OF GRANT APPROPRIATION RESERVE BALANCES Mr. Kalafut reported that the 2009 Report of Audit contained a recommendation to investigate the older grant reserves and to make a determination as to continued recognition or proper disposition. Mr. Kalafut recommends cancellation of listed grant fund reserves. There was no objection to listing Resolution R 291-2012 on the Consent Agenda. 12/10/2011-4 2012 CORRECTIVE ACTION PLAN Mr. Kalafut explained that this is a mandatory resolution accepting the Corrective Action Plan which addresses seven (7) recommendations of the 2011 Audit Report. Resolution R 292-2012 is listed on the Consent Agenda. 12/10/2011-5 2012 BUDGET TRANSFERS Mr. Kalafut explained that there are two storm related transfers necessary that are allowed to be authorized during the last two months of the current budget year by resolution. Resolution R 293-2012 is listed on the Consent Agenda. 12/10/2011-6 CANCELLATION OF ACCOUNTS RECEIVABLE ACCOUNT/WATER UTILITY OPERATING FUND PAGE 9 OF 24 Regular Meeting Minutes – December 10, 2012 Esposito congratulated the Madison High School Dodgers football team as State Champions. Public Works and Engineering Mr. Links, Chair of the Committee, made the following comments: Mr. Links reported that the Public Works Department is completing storm cleanup including tree stump removal. The Samson Avenue Improvements project is targeted to begin in the Spring of 2013. Public Service Gas & Electric has completed work on Main Street and will replace gas lines on Crestwood Road. Please refer to the Borough website for additional information on projects Finance and Borough Clerk Mr. Catalanello, Chair of the Committee, absent. Community Affairs Mr. Landrigan, Chair of the Committee, made the following comments: Mr. Landrigan reported that the Senior Citizen Advisory Committee continues to help residents of Union Beach, hard hit by Superstorm Sandy, by knitting and crocheting, as well as collecting warm clothing. They continue to work with other organizations in town, including the Thursday Morning Club, Shabbat of South East Morris County, St. Vincent’s Church and the Madison Public Library. They will be using the Blue Pearl’s email list. Mr. Landrigan encouraged residents to continue to support local businesses and noted that $50.00 gift cards can be purchased at Cramer’s Carpets for $45.00, with a portion of the proceeds going to the Union Beach recovery efforts. Test poles will be installed in the downtown area, to display artwork. Health & Public Assistance Mrs. Vitale of the Committee made the following comments: Mrs. Vitale reported several activates at the Madison Health Department, noting that residents can find cat and dog licenses registration forms on the Borough website, and a new page for retail establishments including food handlers’ license applications. The Health Department is donating over 100 masks to be use when working on cleanup in Union Beach. The Health Department has also arranged, along with Walgreen’s and CVS of Chatham, to provide tetanus vaccines to volunteers. COMMUNICATIONS AND PETITIONS The Borough Clerk announced receipt of the following communications: E-mail received November 27, 2012 from Rob Bazaral, Glenwild Circle regarding a Madison Community Theatre E-Mail received November 30, 2012 from Alex Haidukwych, Wayne Blvd regarding repairs to Neighborhood watch sign that needs repair. E-mail received December 5, 2012 from Shawn Murphy, Greenwood Avenue regarding debris collection. E-mail received December 5, 2012 from David Williams, Highland Avenue regarding Union Beach relief efforts. PAGE 8 OF 24 Regular Meeting Minutes – December 10, 2012 privilege of working with him and extend our best wishes to him and his family in all future endeavors. _______________________________________________ Robert H. Conley, Mayor _______________________________________________ Jeannie Tsukamoto, Council President _______________________________________________ Vincent Esposito, Council Member _______________________________________________ Robert G. Catalanello, Council Member _______________________________________________ Robert Landrigan, Council Member _______________________________________________ Carmela Vitale, Council Member December 10, 2012 Presentation of Gifts Mayor Conley presented Mr. Links with gifts from the Mayor and Council—a pewter box engraved with the Hartley Dodge Memorial and a Council chair engraved with Mr. Links’ name and years of service as Council Member. Mr. Links thanked all and expressed his thoughts and best wishes to the citizens of Madison. There was a long round of applause in Mr. Links’ honor. REPORTS OF COMMITTEES Public Safety Mrs. Tsukamoto, Chair of the Committee, made the following comments: Mrs. Tsukamoto reported that the Madison Police Department responded to over 2200 calls for service in the month of November, including 48 motor vehicle crashes The Police issued 178 summonses and made13 arrests. Mrs. Tsukamoto report the annual services calls in 2012. The Police Department collected over 1000 lbs of food for the Interfaith Food Pantry of Morris County. Mrs. Tsukamoto reported that the Madison Fire Department wishes to thank neighboring communities for their mutual aid in 2012, including Fire Departments from Florham Park, Chatham Borough, Cedar Knolls, Morris Township, New Vernon, Green Village and the Morris County Fire Coordinator. Mrs. Tsukamoto also reported mutual aid offered by the Madison Fire Department to other communities. Utilities Dr. Esposito, Chair of the Committee, made the following comments: Dr. Esposito announced that Jim Burnet was unanimously elected as President of the Public Power Association of New Jersey at their organization meeting hosted by Madison on December 6th. The Electric Utility staff continues to repair storm related damage, and thanked the staff of the Utility and the Public Works Department for their efforts. Dr. Esposito also announced that Lincoln Place has been designated, by the New Jersey Planning Association as a ‘Great Place in New Jersey’. Dr. PAGE 7 OF 24 Regular Meeting Minutes – December 10, 2012 Robert H. Conley, Mayor December 10, 2012 Proclamation for outgoing Council Member Donald Links. Mayor Conley read and presented a Proclamation in honor of outgoing Council Member Donald Links: DONALD LINKS Whereas, Don Links has served the Borough of Madison as Council Member from January 1, 2010 through December 31, 2012; and Whereas, during his term of office Councilman Links served as Chair and Co- Chair of: Community Affairs, Co-Chair - 2012 Health and Public Assistance, Chair – 2010 and 2011 Public Works and Engineering, Chair – 2012 Utilities, Co-Chair –2010 and 2011 Whereas, Councilman Links has served on the following Boards and Commissions: Board of Education – 2010, 2011 and 2012 Environmental Commission – 2012 Historic Preservation Commission – 2012 Library Trustee – 2009, 2010, 2011 and 2012 Local Assistance Board – 2010 MAASA – 2010 and 2011 Parks Advisory Committee – 2012 Property Maintenance Emergency Committee – 2010 and 2011 Shade Tree Management Board – 2012 Sustainable Madison Advisory Committee – 2012 Whereas, Councilman Links was a tireless advocate for expanding and enhancing all recreational sports programs throughout the Borough; and Whereas, Councilman Links was the driving force behind the development of two lighted, artificial turf fields and a field house at the Madison Recreation Complex (MRC) to serve thousands of children and their families; and Whereas, Councilman Links initiated the planning for a lightning detection system for all sports fields to protect participants and spectators; NOW, THEREFORE, BE IT RESOLVED that the Governing Body of the Borough of Madison, in the County of Morris and State of New Jersey, wishes to express its gratitude and appreciation to Councilman Don Links for his dedicated service and commitment to Madison. We, the Mayor and Members of Council, have enjoyed the PAGE 6 OF 24 Regular Meeting Minutes – December 10, 2012 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 Jim Burke for his hard work and dedicated efforts in restoring power to the residents of the Borough of Madison. _____________________________ Robert H. Conley, Mayor December 10, 2012 Proclamation in recognition of Vision Electric for their support to the Madison Electric Utility in restoring power to the residents of the Borough of Madison, to Angelo Iossa. Proclamation of the B o r o u g h o f M a d i s on In Recognition of VISION ELECTRIC WHEREAS, on October 29, 2012, Superstorm Sandy hit the Northeast, slamming into New Jersey with up to 80 mph winds and an unprecedented 13-foot surge of seawater, causing massive destruction and devastating blackouts; and WHEREAS, the Borough of Madison sustained major damage caused by thirty snapped utility poles and hundreds of fallen trees, as well as a town-wide blackout caused by two downed JCP&L feeder lines; and WHEREAS, after the repair of the JCP&L feeder lines, the dedicated members of the Madison Electric Utility worked round-the-clock to restore power to the Borough; and WHEREAS, Borough employees were supported in their restoration work by Darren Moran and Greg Heller of Vision Electric who from the second day after the storm assisted in disassembling downed wires and poles from the damaged and de- energized areas of town, thereby allowing the Public Works Department to begin clearing downed trees; and WHEREAS, these employees of Vision Electric also performed visual inspections of certain areas and secured downed residential service wires to expedite the re- energizing of the Borough’s electric circuits; and WHEREAS, for the next week, George Bielen, Bruno Ferreira, Greg Heller and Darren Moran of Vision Electric assisted the Borough by working to reattach and re-energize approximately 70 residential services; and WHEREAS, Angelo Iossa, owner of Vision Electric, and his daughter Kathryn, volunteered their assistance by preceding the crews to determine if the work could be performed by employees of Vision Electric or if the Madison Electric Utility was required; 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 the employees of Vision Electric for their hard work and dedicated efforts in restoring power to the residents of the Borough of Madison. _____________________________ PAGE 5 OF 24 Regular Meeting Minutes – December 10, 2012 WHEREAS, the New Jersey State constitution declares that all persons are by nature free and independent and have certain natural and unalienable rights; and WHEREAS, the mission of the New Jersey Coalition Against Human Trafficking is to end human trafficking through education, advocacy and assistance to survivors; NOW, THEREFORE, I, Robert H. Conley, Mayor of the Borough of Madison, on behalf of the Governing Body, do hereby proclaim January 11, 2013 as HUMAN TRAFFICKING AWARENESS DAY to raise public awareness, promote opposition to human trafficking and encourage support for the victims in the State of New Jersey and throughout the world. ———————————————————— Robert H. Conley, Mayor December 10, 2012 Proclamation in recognition of Jim Burke for his support to the Madison Electric Utility in restoring power to the residents of the Borough of Madison. Proclamation of the B o r o u g h o f M a d i s on In Recognition of JIM BURKE WHEREAS, on October 29, 2012, Superstorm Sandy hit the Northeast, slamming into New Jersey with up to 80 mph winds and an unprecedented 13-foot surge of seawater, causing massive destruction and devastating blackouts; and WHEREAS, the Borough of Madison sustained major damage caused by thirty snapped utility poles and hundreds of fallen trees, as well as a town-wide blackout caused by two downed JCP&L feeder lines; and WHEREAS, after the repair of the JCP&L feeder lines, the dedicated members of the Madison Electric Utility worked round-the-clock to restore power to the Borough; and WHEREAS, Borough employees were supported in their restoration work by Jim Burke of Burke Electric who from the second day after the storm assisted in disassembling downed wires and poles from the damaged and de-energized areas of town, thereby allowing the Public Works Department to begin clearing downed trees; and WHEREAS, Jim Burke also performed visual inspections of certain areas and secured downed residential service wires to expedite the re-energizing of the Borough’s electric circuits; and WHEREAS, for the next week, Jim Burke assisted the Borough by working to reattach and re-energize approximately 70 residential services; PAGE 4 OF 24 Regular Meeting Minutes – December 10, 2012 Mayor Conley wished residents Happy Holidays and noted that the Madison High School Dodgers football team is once again State Champions, and will be invited to a future Council meeting for recognition of their achievement. Mayor Conley noted that he Public Library abatement project went well and the Library has reopened. Mayor Conley recognized the heroic efforts of off duty Madison Police Patrol Officers Paul Papamarkos and Luis Goncalves, for their efforts to prevent a robbery. Mayor Conley made the following announcement: Employee of the Month: Frances Boardman of Planning and Zoning for her dedication working long hours at the Emergency Operations Center during Hurricane Sandy to assist Madison residents and for organizing and implementing the buses into New York City for commuters when the trains were unavailable. Mayor Conley presented Proclamations to the following individuals: Proclamation in recognition of Human Trafficking Awareness Day on January 11, 2013, to Joy Beuchfirer representing NJ Coalition Against Human Trafficking and the League of Women’s Voters and resident Bob McDowell. Proclamation of the B o r o u g h o f M a d i s on Proclaiming HUMAN TRAFFICKING AWARENESS DAY January 11, 2013 WHEREAS, human trafficking involves the coercive recruitment, transportation, transfer, harboring or receipt of persons for the purposes of sexual exploitation, forced labor, slavery or other forms of servitude; and WHEREAS, the United Nations has estimated that at least 12.3 million adults and children are in forced labor, bonded labor or forced prostitution worldwide; and WHEREAS, the U.S. Department of State has estimated that annually 14,500 to 17,500 persons are trafficked into the United States of which a disproportionate number are women and young girls; and WHEREAS, many of these victims do not speak or understand English and are unable to communicate to seek rescue; and WHEREAS, human trafficking is a form of modern day slavery and is second only to drug dealing as a growing criminal industry; and WHEREAS, New Jersey is a prime location for human trafficking because it is a major national and international transportation and shipping corridor; and PAGE 3 OF 24 Regular Meeting Minutes – December 10, 2012 ELECTRIC DEPARTMENT MATERIALS SAMSON AVENUE IMPROVEMENTS Date of public disclosure 60 days after conclusion, if disclosure required. PERSONNEL MATTERS (2) POLICE CHIEF PROMOTION POLICE DEPARTMENT ACTING APPOINTMENTS 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 September 24, 2012. Dr. Esposito seconded the motion, which passed with the following roll call vote recorded: Yeas: Mrs. Tsukamoto, Dr. Esposito, Mr. Links, Mr. Landrigan. Mrs. Vitale Nays: None Absent: Mr. Catalanello Mrs. Tsukamoto moved approval of the Regular Meeting Minutes of September 24, 2012. Dr. Esposito seconded the motion, which passed with the following roll call vote recorded: Yeas: Mrs. Tsukamoto, Dr. Esposito, Mr. Links, Mr. Landrigan. Mrs. Vitale Nays: None Absent: Mr. Catalanello Mrs. Tsukamoto moved approval of the Executive Minutes of October 10, 2012. Dr. Esposito seconded the motion, which passed with the following roll call vote recorded: Yeas: Mrs. Tsukamoto, Dr. Esposito, Mr. Links, Mr. Landrigan. Mrs. Vitale Nays: None Absent: Mr. Catalanello Mrs. Tsukamoto moved approval of the Regular Meeting Minutes of October 10, 2012. Dr. Esposito seconded the motion, which passed with the following roll call vote recorded: Yeas: Mrs. Tsukamoto, Dr. Esposito, Mr. Links, Mr. Landrigan. Mrs. Vitale Nays: None Absent: Mr. Catalanello GREETINGS TO PUBLIC Mayor Conley made the following comments: PAGE 2 OF 24 MINUTES OF A REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF MADISON December 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 December, 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 Landrigan Carmela Vitale Absent: Robert G. Catalanello, excused 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 September 24, 2012 Executive Minutes of October 10, 2012 Date of public disclosure 60 days after conclusion, if disclosure required. CONTRACT MATTERS (3) MEDIUM VOLTAGE LOAD INTERRUPTER SWITCHES