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Mayor & Council

Regular Meeting

Madison, NJ · January 28, 2013

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Minutes

MINUTES OF A REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF MADISON January 28, 2013 - 7 p.m. CALL TO ORDER The Regular Meeting of the Mayor and Council of the Borough of Madison was held on the 28th day of January 2013. Mayor Conley called the meeting to order at 7:00 p.m. in the Committee Room of the Hartley Dodge Memorial, Kings Road, in the Borough of Madison. STATEMENT IN COMPLIANCE WITH THE OPEN PUBLIC MEETINGS ACT The Borough Clerk read the statement pursuant to the Open Public Meetings Act: “In compliance with the Open Public Meetings Act, adequate notice of this meeting of the Council was provided by 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 3, 2013. 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 Robert G. Catalanello Robert Landrigan Carmela Vitale Astri J. Baillie Benjamin Wolkowitz Also Present: Raymond M. Codey, Borough Administrator James E. Burnet, Assistant Borough Administrator Elizabeth Osborne, Borough Clerk Matthew J. Giacobbe, Esq. Borough Attorney AGENDA REVIEW There was approval of the Regular and Executive Agenda. READING OF CLOSED SESSION RESOLUTION Mrs. Vitale moved: RESOLVED, that the meeting be adjourned to an Executive Session to consider the following matters: MINUTES FOR APPROVAL (1) GREEN VILLAGE ROAD SCHOOL PROPERTY COMMITTEE MTGS Date of public disclosure 60 days after conclusion, if disclosure required. CONTRACT MATTERS (2) Regular Meeting Minutes – January 28, 2013 FMBA LABOR AGREEMENT EMPLOYEES FEDERATION Date of public disclosure 60 days after conclusion, if disclosure required. PERSONNEL MATTERS (5) PROSECUTOR PUBLIC DEFENDER NON UNION COMPENSATION ACTING LEADMAN PURCHASING OFFICER Date of public disclosure 90 days after conclusion, if disclosure required. Seconded: Mrs. Tsukamoto 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. Vitale moved approval of the Green Village Road School Property Committee Meetings held February 7, March 14, April 20, April 24, April 30, June 5, 20, September 7, and October 11, 2012. Mr. Landrigan seconded the motion, which passed with the following roll call vote recorded: Yeas: Mrs. Tsukamoto, Mr. Catalanello, Mr. Landrigan, Mrs. Vitale, Nays: None Abstain: Ms. Baillie, Mr. Wolkowitz Mrs. Vitale moved approval of the Reorganization Meeting Minutes of January 1, 2013. Mr. Landrigan seconded the motion, which passed with the following roll call vote recorded: Yeas: Mr. Catalanello, Mr. Landrigan, Mrs. Vitale, Ms. Baillie, Mr. Wolkowitz Nays: None Abstain: Mrs. Tsukamoto GREETINGS TO PUBLIC Mayor Conley made the following comments: Please read the Proclamation for Congenital Heart Defect Awareness Week, February 7 – 14-2013, requested by Alison Solomon. Mr. Daniel Seidel confirmed he will be at this evening’s Council Meeting to receive his medallion for his service on the Parks Advisory Committee. Police Department Promotions After each resolution was approved, Mayor Conley administered the oath to the following Madison Police Department members. There was a long round of applause as each officer was given his badge. PAGE 2 OF 26 Regular Meeting Minutes – January 28, 2013 R 40-2013 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING APPOINTMENT OF ACTING CHIEF OF POLICE DARREN DACHISEN TO THE POSITION OF CHIEF OF POLICE EFFECTIVE FEBRUARY 1, 2013 WHEREAS, the Borough Council, after due consideration, has determined to appoint Acting Police Chief Darren Dachisen to the position of Chief in the Madison Police Department effective February 1, 2013, at a salary of $126,000.00; 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 Darren Dachisen is hereby appointed to the position of Chief of the Madison Police Department, effective February 1, 2013. Mrs. Vitale moved adoption of Resolution R 40-2013. Mrs. Tsukamoto seconded the motion. There was no Council discussion and the motion passed with the following roll call vote recorded: Yeas: Mrs. Tsukamoto, Mr. Catalanello, Mr. Landrigan, Mrs. Vitale, Ms. Baillie, Mr. Wolkowitz Nays: None Chief Dachisen thanked the Mayor and Council for the opportunity to serve the residents of Madison. Chief Dachisen also thanked the members of the Madison Police Department and pledged continued success. R 41-2013 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING APPOINTMENT OF ACTING LIEUTENANT JOSEPH CIRELLA AS LIEUTENANT IN THE MADISON POLICE DEPARTMENT EFFECTIVE FEBRUARY 1, 2013 WHEREAS, the Borough Council, after due consideration, has determined to appoint Acting Lieutenant Joseph Cirella to the position of Lieutenant in the Madison Police Department effective February 1, 2013; NOW, THEREFORE, BE IT RESOLVED by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, that Joseph Cirella is hereby appointed to the position of Lieutenant in the Madison Police Department, effective February 1, 2013, to be compensated in accordance with the Superior Officers Collective Bargaining Agreement. Mrs. Vitale moved adoption of Resolution R 41-2013. Mrs. Tsukamoto seconded the motion. There was no Council discussion and the motion passed with the following roll call vote recorded: Yeas: Mrs. Tsukamoto, Mr. Catalanello, Mr. Landrigan, Mrs. Vitale, Ms. Baillie, Mr. Wolkowitz Nays: None PAGE 3 OF 26 Regular Meeting Minutes – January 28, 2013 R 42-2013 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING APPOINTMENT OF ACTING LIEUTENANT DENNIS LAM AS LIEUTENANT IN THE MADISON POLICE DEPARTMENT EFFECTIVE FEBRUARY 1, 2013 WHEREAS, the Borough Council, after due consideration, has determined to appoint Acting Lieutenant Dennis Lam to the position of Lieutenant in the Madison Police Department effective February 1, 2013; NOW, THEREFORE, BE IT RESOLVED by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, that Dennis Lam is hereby appointed to the position of Lieutenant in the Madison Police Department, effective February 1, 2013, to be compensated in accordance with the Superior Officers Collective Bargaining Agreement. Mrs. Vitale moved adoption of Resolution R 42-2013. Mrs. Tsukamoto seconded the motion. There was no Council discussion and the motion passed with the following roll call vote recorded: Yeas: Mrs. Tsukamoto, Mr. Catalanello, Mr. Landrigan, Mrs. Vitale, Ms. Baillie, Mr. Wolkowitz Nays: None R 43-2013 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING APPOINTMENT OF ACTING SERGEANT SEAN PLUMSTEAD AS SERGEANT IN THE MADISON POLICE DEPARTMENT EFFECTIVE FEBRUARY 1, 2013 WHEREAS, the Borough Council, after due consideration, has determined to appoint Acting Sergeant Sean Plumstead to the position of Sergeant in the Madison Police Department effective February 1, 2013; NOW, THEREFORE, BE IT RESOLVED by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, that Sean Plumbstead is hereby appointed to the position of Sergeant in the Madison Police Department, effective February 1, 2013, to be compensated in accordance with the Superior Officers Collective Bargaining Agreement. Mrs. Vitale moved adoption of Resolution R 43-2013. Mrs. Tsukamoto seconded the motion. There was no Council discussion and the motion passed with the following roll call vote recorded: Yeas: Mrs. Tsukamoto, Mr. Catalanello, Mr. Landrigan, Mrs. Vitale, Ms. Baillie, Mr. Wolkowitz Nays: None PAGE 4 OF 26 Regular Meeting Minutes – January 28, 2013 R 44-2013 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING APPOINTMENT OF ACTING SERGEANT CRAIG PERRELLI AS SERGEANT IN THE MADISON POLICE DEPARTMENT EFFECTIVE FEBRUARY 1, 2013 WHEREAS, the Borough Council, after due consideration, has determined to appoint Acting Sergeant Craig W. Perrelli, Jr. to the position of Sergeant in the Madison Police Department effective February 1, 2013; NOW, THEREFORE, BE IT RESOLVED by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, that Craig W. Perrelli, Jr. is hereby appointed to the position of Sergeant in the Madison Police Department, effective February 1, 2013, to be compensated in accordance with the Superior Officers Collective Bargaining Agreement. Mrs. Vitale moved adoption of Resolution R 44-2013. Mrs. Tsukamoto seconded the motion. There was no Council discussion and the motion passed with the following roll call vote recorded: Yeas: Mrs. Tsukamoto, Mr. Catalanello, Mr. Landrigan, Mrs. Vitale, Ms. Baillie, Mr. Wolkowitz Nays: None Mayor Conley asked for a brief recess as the Members of the Police Department and their families departed The Council meeting reconvened at 8:42 p.m. REPORTS OF COMMITTEES Health Mrs. Vitale of the Committee made the following comments: Mrs. Vitale reported that the Madison Health Department has administered over 270 Flu vaccines in the last two weeks, 130 to Borough residents and employees. The Health Department still has Flu vaccines, please call for an appointment. Mrs. Vitale reminded residents that all license renewal are due before January 31st, including food handlers’ licenses, to avoid late fees. A free rabies clinic will be held by the Health Department in Springfield on February 16th for all pet owners. The first quarterly employees’ wellness program will be held on January 29th, to discuss colds, flu and pertussis. The Madison Alliance Addressing Substance Abuse (MAASA) has purchased, through a grant, DVDs, which have been donated to the Madison Public Library entitled ‘Celebrate Calm” Brochures regarding the legal consequences of drug abuse are now displayed at the Joint Municipal Court located at the Hartley Dodge Memorial. Mrs. Vitale noted that MAASA is a wonderful group of volunteers. Mrs. Vitale stated that the recently held Green Forum was extraordinary and thanked members of the Environmental Commission for the program. Utilities Mrs. Tsukamoto, Chair of the Committee, made the following comments: PAGE 5 OF 26 Regular Meeting Minutes – January 28, 2013 Mrs. Tsukamoto reported that the Electric Utility staff continues to make storm related repairs to equipment and the Water Department quickly repaired a water main break which occurred last Tuesday. Public Works and Engineering Mr. Catalanello, Chair of the Committee, made the following comments: Mr. Catalanello reported that the Public Works Department has collected all Christmas trees and the Borough garage will be open for waste collection on Saturday February 16th. Mr. Catalanello reported that Mrs. Uhlman, Chairperson of the Environmental Commission will make a presentation regarding the recently held Green Forum at the next Council meeting scheduled for February 11th. On Saturday February 9th Community Garden member Stephen Stocker, invites the public to inspect recently installed hoop houses and view vegetables growing, even though the temperatures are below freezing. The Engineering department is working on several projects, including improvements to Samson Avenue, which will begin in the spring. A generator has been ordered for the Candlewood pump station and preparations are underway for the installation. Upgrades to the West End pump station are also happening. Mr. Catalanello reported that fencing will be installed at the Madison Recreation Center site , in order to attain remaining Green Acres funds. Community Affairs Mr. Landrigan, Chair of the Committee, made the following comments: Mr. Landrigan reported that work to the newly purchase senior van, is in the final stages. Members of the Seniors Advisory Committee have crafted more than 500 pieces of clothing to donate to the families in Union Beach ravaged by Super storm Sandy. Mr. Landrigan noted the Downtown Development Commission and Madison Arts and Cultural Alliance (MACA) will make a presentation regarding a proposed sidewalk art gallery later this evening. Mr. Landrigan stated that due to the super storm, the Borough has had expenses of over one million dollars which will be submitted to the Federal Emergency Management Administration FEMA. Also any additional work going forward will submitted. Public Safety Ms. Baillie, Chair of the Committee, made the following comments: Ms. Baillie congratulated the members of the Madison Police Department promoted tonight, and noted that two new volunteer firefighters will be sworn in at the next council meeting. Finance and Borough Clerk Mr. Wolkowitz, Chair of the Committee, made the following comments: Mr. Wolkowitz reminder residents that the first of three municipal budget hearings will be held Thursday January 30th at 7:00 p.m. Mr. Wolkowitz noted that there is a new ‘Contact Us’ button on the front page of the Borough website. Mr. Wolkowitz also announced that nominating petitions are now available in the office of the Borough Clerk office and that Candidates for Municipal Office must file those petitions in the office of the Borough Clerk by 4:00 p.m. April 1, 2013, the 64th day next proceeding the day of the June 4th primary election for the general election. COMMUNICATIONS AND PETITIONS The Borough Clerk announced receipt of the following communications: E-mail received January 24, 2013 from Byungil Kim, Main Street regarding the Green Forum PAGE 6 OF 26 Regular Meeting Minutes – January 28, 2013 E-mail received January 23, 2013 from Janice Davey, Green Avenue regarding the Historic Preservation Commission E-mail received January 18, 2013 from William Johnson, Green Village Road regarding gun restrictions Letter received January 15, 2013 from Elfriede W. Smith, Carteret Court regarding paving on Green Village Road. 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. Sam Cerciello, Park Avenue, stated his belief that the introduction of appropriation ordinances should not indicate the municipalities estimated costs. Mr. Cerciello also noted his donation of $311.00 for recovery efforts in Union Beach, N.J. Patrick Rowe, Pine Avenue, asked that municipal budget hearing be better advertised. Sandra Kolakowski, Park Avenue, thanked the Council for the Madison Athletic Foundations fund raising plan presentation and noted the Borough of Florham Park is considering building turf fields as well and perhaps a shared services agreement could be utilized for the fields. AGENDA DISCUSSIONS 01/28/2013-1 DOWNTOWN DEVELOPMENT COMMISSION SIDEWALK ART BANNER PROGRAM Eric Range, Chairman of the Downtown Development Commission and Deborah Starker, President of the Madison Cultural Arts Alliance presented information regarding a proposed sidewalk art gallery program currently being developed. The DDC and MACA are seeking permission to install temporary art in the downtown area, noting a sample on display on Waverly Place near the dry cleaner and Downtown Salon. Following the presentation there was agreement to list a resolution on the Consent Agenda. Resolution R 62-2013 is listed on the Consent Agenda. 01/28/2013-2 MRC FUND RAISING PLAN Brian Agnew of the Madison Athletic Foundation addressed the Mayor and Council regarding fundraising accomplishments to date and an update of all initiatives. Mr. Agnew noted programs such as field naming rights, donor wall and user fees, as well as a Spring Gala in 2013. Mr. Agnew stated that the giant 50/50 raffle will most likely be held every other year. Mr. Agnew stated that the MAF revenue projections for the period 2013 through 2017 are $1,250,000. Following discussion of financing for the turf fields, there was agreement to continue the discussion PAGE 7 OF 26 Regular Meeting Minutes – January 28, 2013 01/28/2013-3 COMMUNITY GARDEN SIGNAGE Mr. Catalanello noted that the Madison Community Garden Advisory Committee has requested permission to erect a sign, paid for through a private donation at the entrance to the 49 acres property denoting the community garden and the newly refurbished rain gardens at the south west corner of the MRC parking Lot. Council thanked the Committee for their efforts and had no objection to listing a resolution for approval on the Consent Agenda. Resolution R 55-2013 is listed on the Consent Agenda 01/28/2013-4 LUKE MILLER FORGE RENOVATIONS There was agreement to list a resolution for consideration to authorize the Madison Parks Advisory Committee and the Madison Historical Society to proceed with planned renovations of the Luke Miller Forge in Summerhill Park. Resolution R 54-2013 is listed on the Consent Agenda. 01/28/2013-5 DPW GARAGE ROOF REPLACEMENT There was no objection to listing an ordinance for introduction to appropriate funds to replace the Public Works Garage roof damaged during the recent hurricane, as recommended by Department of Public Works Superintendent David Maines. Ordinance 1-2013 is listed for introduction. 01/28/2013-6 LICENSING OF COMMERCIAL LANDSCAPERS Mr. Codey provided a proposed ordinance for the licensing of commercial landscapers within the Borough. Mr. Codey explained that licensing would improve regulation of leaf removal to improve stormwater management and reduce labor costs. Following discussion there was agreement to continue discussion. Mr. Codey will provide additional licensing information by surrounding municipalities. Added to the Agenda: 01/28/2013-7 COUNCIL ORIENTATION UPDATE Mr. Giacobbe provided clarification of rules and regulation regarding Council member appointments to certain Boards and Committees. Mr. Giacobbe explained that Council members appointed to the Planning Board or Board of Health are members with voting rights of these semi-autonomous boards. ADVERTISED HEARINGS- none 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. INTRODUCTION OF ORDINANCES The Borough Clerk made the following statement: Ordinance 1-2013 scheduled for first reading has a hearing date set for February 11, 2013; will be published in the Madison Eagle, posted on the Bulletin Board and made available to members of the public requesting copies. PAGE 8 OF 26 Regular Meeting Minutes – January 28, 2013 Mayor Conley called up Ordinance 1-2013 for first reading and asked the Borough Clerk to read said ordinances by title: ORDINANCE 1-2013 ORDINANCE OF THE BOROUGH OF MADISON APPROPRIATING $50,000.00 FROM THE GENERAL CAPITAL IMPROVEMENT FUND FOR REPLACEMENT OF THE DEPARTMENT OF PUBLIC WORKS GARAGE ROOF WHEREAS, the Superintendent of Public Works has recommended that the Borough appropriate $50,000.00 from the General Capital Improvement Fund for replacement of the Department of Public Works garage roof damaged in recent Superstorm Sandy; and WHEREAS, the Chief Financial Officer has attested to the availability of funds in the General Capital Improvement Fund in an amount not to exceed $50,000.00 for this purpose; and WHEREAS, the Borough Council has determined that the Borough should appropriate $50,000.00 from the General Capital Improvement Fund for replacement of the garage roof. NOW, THEREFORE, BE IT ORDAINED by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, as follows: SECTION 1: The amount of $50,000.00 is hereby appropriated from the General Capital Improvement Fund for the replacement of the garage roof. 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. Catalanello moved that Ordinance 1-2013, which the Borough Clerk read by title, be adopted. Ms. Baillie seconded the motion. There was no Council discussion, and the motion passed with the following roll call vote recorded: Yeas: Mrs. Tsukamoto, Mr. Catalanello, Mr. Landrigan. Mrs. Vitale, Ms. Baillie, Mr. Wolkowitz Nays: None CONSENT AGENDA RESOLUTIONS The Clerk made the following statement: Consent Agenda Resolutions will be enacted with a single motion; any Resolution requiring expenditure is supported by a Certification of Availability of Funds; any Resolution requiring discussion will be removed from the Consent Agenda; all Resolutions will be reflected in full in the minutes. PAGE 9 OF 26 Regular Meeting Minutes – January 28, 2013 Mrs. Vitale moved adoption of the Resolutions listed on the Consent Agenda. Mrs. Tsukamoto seconded the motion. There was no Council discussion and the motion passed with the following roll call vote recorded: Yeas: Mrs. Tsukamoto, Mr. Catalanello, Mr. Landrigan. Mrs. Vitale, Ms. Baillie, Mr. Wolkowitz Nays: None R 45-2013 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING COLLECTIVE BARGAINING AGREEMENTS WITH THE FIREMEN’S MUTUAL BENEFIT ASSOCIATION (FMBA) WHEREAS, the Borough of Madison (“Borough”) commenced collective negotiations with each of its employee bargaining units; and WHEREAS, the Borough was able to successfully negotiate a collective bargaining agreement with the Fireman’s Mutual Benevolent Association Local No. 74 for the period January 1, 2013 to December 31, 2013; and WHEREAS, the Mayor and Council having considered the specific terms and conditions contained in the memorandum of agreement for the above- enunciated bargaining unit; NOW THEREFORE BE IT RESOLVED as follows: 1. The Mayor and Council approve the agreement for the above bargaining unit; and 2. The Mayor and Council hereby authorize the Borough Administrator, Raymond M. Codey and Mayor Robert H. Conley to execute the finalized collective bargaining agreement without further action being necessary; and 3. The Mayor and Council authorize Borough Administrator Raymond M. Codey to effectuate the collective bargaining agreement upon execution by all necessary parties. R 46-2013 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING COLLECTIVE BARGAINING AGREEMENTS WITH THE EMPLOYEES FEDERATION (WHITE COLLAR AND SUPERVISORS) WHEREAS, the Borough of Madison (“Borough”) commenced collective negotiations with each of its employee bargaining units; and WHEREAS, the Borough was able to successfully negotiate a memorandum of agreement/understanding with the Borough of Madison Employees Federation (White Collar Unit & Supervisors Unit; and PAGE 10 OF 26 Regular Meeting Minutes – January 28, 2013 WHEREAS, the Mayor and Council having considered the specific terms and conditions contained in the memorandum of agreement for the above- enunciated bargaining unit; NOW THEREFORE BE IT RESOLVED as follows: 1. The Mayor and Council hereby authorize the Borough Administrator, Raymond M. Codey and Mayor Robert H. Conley to execute the finalized collective bargaining agreement without further action being necessary; and 4. The Mayor and Council authorize Borough Administrator Raymond M. Codey to effectuate the collective bargaining agreement upon execution by all necessary parties to the collective bargaining agreement. R 47-2013 RESOLUTION OF THE BOROUGH OF MADISON ACCEPTING UTILITY EASEMENT AGREEMENT FROM PUBLIC SERVICE ELECTRIC & GAS CO., IN REGARD TO PROPERTY AT BLOCK 601, LOT 1.01 KNOWN AS THE MADISON RECREATION CENTER WHEREAS, the Borough of Madison owns property on Ridgedale Avenue, Madison, New Jersey, known as Block 601, Lot 1.01; and WHEREAS, following a prior agreement with Public Service Electric and Gas (PSE&G) to provide utility services from Burnet Road to the Madison Recreation Center; the easement must be recorded at the Morris County Hall of Records; and WHEREAS, Public Service Electric & Gas has submitted the utility easement in a form approved by the Borough Attorney to the Borough Council, which easement agreements have been reviewed by Robert Vogel, Borough Engineer. 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 Utility Easement Agreement executed by PSE&G in regard to property at Block 601, Lot 1.01, known as the Madison Recreation Center, is hereby accepted by the Borough of Madison and shall be recorded in the Morris County Clerk’s Office by the Borough Attorney. R 48-2013 ITEM REMOVED AND THE # RETIRED R 49-2013 RESOLUTION OF THE BOROUGH OF MADISON RESCINDING RESOLUTION 30-2013 AWARDING CONTRACT TO ALLIED OIL, LLC FOR THE PURCHASE OF GASOLINE UNDER THE MORRIS COUNTY COOPERATIVE CONTRACT #1 GASOLINE WHEREAS, Resolution 30-2013 authorized a contract to be awarded to Allied Oil, LLC of Manville, New Jersey for the purchase of gasoline, at a total price PAGE 11 OF 26 Regular Meeting Minutes – January 28, 2013 not to exceed $200,000.00 under the Morris County Co-Operative Pricing Council contract number 1 for Gasoline; and WHEREAS, the Borough Administrator has recommended that Resolution 30-2013 be rescinded, and that the Council authorize the Superintendent of Public Works to seek quotes for a lower price from other vendors; and WHEREAS, the Mayor and Council have determined that Resolution 30- 2013 should be rescinded and that the purchase of gasoline should not be authorized through the Morris County Co-Operative Pricing Council for 2013. NOW, THEREFORE, BE IT RESOLVED by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, that Resolution 30-2013 is hereby rescinded, and the Superintendent of Public Works is authorized to seek quotes for a lower price from other vendors. R 50-2013 RESOLUTION OF THE BOROUGH OF MADISON RESCINDING RESOLUTION 32-2013 AWARDING CONTRACT TO ALLIED OIL, LLC FOR ULTRA LOW SULFUR DIESEL FUEL UNDER THE MORRIS COUNTY COOPERATIVE CONTRACT WHEREAS, Resolution 32-2013 authorized a contract to be awarded to Allied Oil, LLC of Manville, New Jersey for the purchase of Ultra Low Sulfur Diesel Fuel, at a total price not to exceed $100,000.00 under the Morris County Co- Operative Pricing Council Contract #12 Ultra Low Sulfur Diesel Fuel; and WHEREAS, the Borough Administrator has recommended that Resolution 32-2013 be rescinded, and that the Council authorize the Superintendent of Public Works to seek quotes for a lower price from other vendors; and WHEREAS, the Mayor and Council have determined that Resolution 32- 2013 should be rescinded and that the purchase of low sulfur diesel fuel should not be authorized through the Morris County Co-Operative Pricing Council for 2013. NOW, THEREFORE, BE IT RESOLVED by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, that Resolution 32-2013 is hereby rescinded, and the Superintendent of Public Works is authorized to seek quotes for a lower price from other vendors. R 51-2013 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING AND RATIFYING THE AWARD OF NON-FAIR AND OPEN CONTRACT FOR THE POSITION OF BOROUGH PROSECUTOR FOR 2013 PAGE 12 OF 26 Regular Meeting Minutes – January 28, 2013 WHEREAS, the Borough of Madison has a need to obtain the Professional Services of Maryann O’Donnell McCoy, Esq., Prosecutor, as a non-fair and open contract pursuant to the provisions of N.J.S.A. 19:44A-20.5; and WHEREAS, the Borough Administrator of the Borough of Madison has determined that the value of the professional services may exceed $17,500; and WHEREAS, the anticipated term of the contract is one year and may be extended or reduced as recommended by the Joint Court Committee and approved by this governing body; and WHEREAS, said Professional Services provider has submitted a proposal indicating a willingness to provide the services for an annual fee not to exceed $30,000.00 plus a litigation rate of $90.00 per hour as described in the contract; and WHEREAS, the Joint Court Committee authorized this action at their January 15, 2013 Board meeting; and WHEREAS, said Professional Services provider has completed and submitted a Business Entity Disclosure Certification which certifies that said provider has not made any reportable contributions to a political or candidate committee in the Borough of Madison, County of Morris, State of New Jersey in the previous year, and that the contract will prohibit said Professional Services provider from making any reportable contributions through the term of the contract, and WHEREAS, in accordance with N.J.A.C. 5:30-5.4, the Chief Financial Officer has certified as to the availability of funds in the 2013 Joint Municipal Court budget as adopted by the Joint Municipal Court Committee but contingent upon governing body approval of the 2013 municipal budget. NOW THEREFORE, BE IT RESOLVED by the Borough Council of the Borough of Madison in the County of Morris and State of New Jersey as follows: 1. The Mayor is hereby authorized to execute a contract ratifying the action of the Joint Court Committee for the professional services of Maryann O’Donnell McCoy, Esq., as Prosecutor, the cost of such professional service agreement not to exceed the amount certified by the Chief Financial Officer. 2. The Borough Clerk is hereby directed to publish notice of the adoption of this resolution in the official newspaper of the Borough within ten (10) days of its adoption pursuant to N.J.S.A. 40A:11-5. PAGE 13 OF 26 Regular Meeting Minutes – January 28, 2013 3. The resolution and contract are on file and available for public inspection in the office of the Municipal Clerk during regular business hours Monday through Friday. BE IT FURTHER RESOLVED that the Business Entity Disclosure Certification and the Determination of Value be placed on file with this resolution. R 52-2013 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING SUBMISSION OF GRANT APPLICATION TO NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION HAZARDOUS DISCHARGE SITE REMEDIATION FUND WHEREAS, the Borough Administrator has recommended that the Borough submit an application to the New Jersey Department of Environmental Protection for a grant from the Hazardous Discharge Site Remediation Fund for remediation at Block 201, Lot 1.02, commonly known as the Bayley-Ellard Fields. 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 approves the grant application for the above stated purpose, and the Borough Administrator is authorized to sign and submit such application. R 53-2013 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING AND RATIFYING THE AWARD OF NON-FAIR AND OPEN CONTRACT FOR THE POSITION OF PUBLIC DEFENDER FOR 2013 WHEREAS, the Borough of Madison has a need to obtain the Professional Services of Robert A. Warmington, Esq., Public Defender, as a non-fair and open contract pursuant to the provisions of N.J.S.A. 19:44A-20.5; and WHEREAS, the Borough Administrator of the Borough of Madison has determined that the value of the professional services may exceed $17,500; and WHEREAS, the anticipated term of the contract is one year and may be extended or reduced as recommended by the Joint Court Committee and approved by this governing body; and WHEREAS, said Professional Services provider has submitted a proposal indicating a willingness to provide the services for $85/hr Madison for an individual case; $90/hr for plea night administrative sessions as described in the contract; and WHEREAS, the Joint Court Committee authorized this action at their January 15, 2013 Board meeting; and WHEREAS, said Professional Services provider has completed and submitted a Business Entity Disclosure Certification which certifies that said provider has not PAGE 14 OF 26 Regular Meeting Minutes – January 28, 2013 made any reportable contributions to a political or candidate committee in the Borough of Madison, County of Morris, State of New Jersey in the previous year, and that the contract will prohibit said Professional Services provider from making any reportable contributions through the term of the contract, and WHEREAS, in accordance with N.J.A.C. 5:30-5.4, the Chief Financial Officer has certified as to the availability of funds in the 2013 Joint Municipal Court budget as adopted by the Joint Municipal Court Committee but contingent upon governing body approval of the 2013 municipal budget. NOW THEREFORE, BE IT RESOLVED by the Borough Council of the Borough of Madison in the County of Morris and State of New Jersey as follows: 1. The Mayor is hereby authorized to execute a contract ratifying the action of the Joint Court Committee for the professional services of Robert A. Warmington, Esq., as Public Defender, the cost of such professional service agreement not to exceed the amount certified by the Chief Financial Officer. 2. The Borough Clerk is hereby directed to publish notice of the adoption of this resolution in the official newspaper of the Borough within ten (10) days of its adoption pursuant to N.J.S.A. 40A:11-5. 3. The resolution and contract are on file and available for public inspection in the office of the Municipal Clerk during regular business hours Monday through Friday. BE IT FURTHER RESOLVED that the Business Entity Disclosure Certification and the Determination of Value be placed on file with this resolution. R 54-2013 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING IMPROVEMENTS AND ACCEPTING DONATIONS OF RENOVATIONS TO THE LUKE MILLER FORGE WHEREAS, the Madison Parks Advisory Committee, on behalf of the Madison Historical Society, has requested permission from the Borough of Madison to renovate the Luke Miller Forge located at 105 Ridgedale Avenue; and WHEREAS, the Madison Historical Society has been fundraising for several years to generate grant funds for such renovations; and WHEREAS, renovations would improve the building with forge appropriate materials as well as educational programs and projects on the value of the blacksmith trade in Madison and the Miller family. PAGE 15 OF 26 Regular Meeting Minutes – January 28, 2013 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. That the Borough hereby authorizes the Madison Parks Advisory Committee and the Madison Historical Society to proceed with planned renovations of the Luke Miller Forge in Summerhill Park. 2 Any and all contractors who do work on Borough property must provide the Borough Administrator with copies of the appropriate insurance certificates, including workers’ compensation insurance, which shall be reviewed and approved by the Borough Attorney. R 55-2013 RESOLUTION OF THE BOROUGH OF MADISON ACCEPTING DONATION OF A SIGN FOR THE MADISON COMMUNITY GARDENS AND AUTHORIZING INSTALLATION OF SIGN AT THE MADISON RECREATION CENTER WHEREAS, the Borough Council has determined that there is a need for directional signage at the Madison Community Garden located at the Madison Recreation Center (“MRC”); and WHEREAS, the Borough Council wishes to authorize the Madison Community Garden Committee to erect a 2’ x 3’ sign at Madison Recreation Center (MRC) site directing visitors to the Community Garden; and WHEREAS, the signage will be paid for through a private donation. NOW, THEREFORE, BE IT RESOLVED by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, as follows: 1. The Borough of Madison accepts the generous donation of a sign for the Madison Community Gardens. 2. That the Madison Community Garden Committee is granted permission to erect signage as outlined herein. 3. The Borough Engineer in consultation with the Community Garden Advisory Committee shall arrange for the approval and placement of such sign. R 56-2013 RESOLUTION OF THE BOROUGH OF MADISON RATIFYING THE AWARD OF A PURCHASE ORDER/CONTRACT TO ALLIED OIL, LLC FOR THE PURCHASE OF GASOLINE UNDER THE NEW JERSEY STATE COOPERATIVE CONTRACT #80914 FOR PURCHASE OF GASOLINE WHEREAS, the Borough of Madison desires to ratify an award of a purchase/order contract for the purchase of gasoline to an authorized vendor under the New Jersey State Co-Operative Pricing Council program; and PAGE 16 OF 26 Regular Meeting Minutes – January 28, 2013 WHEREAS, the purchase of goods and services by a local contracting unit is authorized by the Local Public Contracts Law, N.J.S.A. 40A:11-10, et seq.; and WHEREAS, Allied Oil, LLC of Manville, New Jersey has been awarded New Jersey State Co-Operative Pricing Council contract number 80914 Gasoline; and WHEREAS, the Superintendent of Public Works has recommended that the Borough Council utilize this contract for the purchase of gasoline in the amount of $200,000.00; and WHEREAS, the Chief Financial Officer has attested that funds are available in an amount not to exceed $200,000.00 for this purpose, which is in the 2013 Gasoline Budget #460, account 421. This is contingent upon the adoption of the 2013 Municipal Budget. NOW, THEREFORE, BE IT RESOLVED by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, that a purchase order/contract be awarded to Allied Oil, LLC of Manville, New Jersey for the purchase of gasoline, at a total price not to exceed $200,000.00 under the New Jersey State Co-Operative Pricing Council contract number 80914 Gasoline and same is hereby ratified and approved. R 57-2013 RESOLUTION OF THE BOROUGH OF MADISON RATIFYING THE AWARD OF A PURCHASE ORDER/CONTRACT TO RIGGINS, INC. FOR THE PURCHASE OF ULTRA LOW SULFUR DIESEL FUEL UNDER THE NEW JERSEY STATE COOPERATIVE CONTRACT #82763 FOR PURCHASE OF GASOLINE WHEREAS, the Borough of Madison desires to ratify an award of a purchase/order contract for the purchase of ultra low sulfur diesel fuel to an authorized vendor under the New Jersey State Co-Operative Pricing Council program; and WHEREAS, the purchase of goods and services by a local contracting unit is authorized by the Local Public Contracts Law, N.J.S.A. 40A:11-10, et seq.; and WHEREAS, Riggins, Inc. of Millville, New Jersey has been awarded New Jersey State Co-Operative Pricing Council contract number 82763 ultra low sulfur diesel fuel; and WHEREAS, the Superintendent of Public Works has recommended that the Borough Council utilize this contract for the purchase of ultra low sulfur diesel fuel in the amount of $100,000.00; and WHEREAS, the Chief Financial Officer has attested that funds are available in an amount not to exceed $100,000.00 for this purpose, which is in the 2013 PAGE 17 OF 26 Regular Meeting Minutes – January 28, 2013 Gasoline Budget #460, account 421. This is contingent upon the adoption of the 2013 Municipal Budget. NOW, THEREFORE, BE IT RESOLVED by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, that a purchase order/contract be awarded to Riggins, Inc. of Millville, New Jersey for the purchase of ultra low sulfur diesel fuel, at a total price not to exceed $100,000.00 under the New Jersey State Co-Operative Pricing Council contract number 82763 ultra low sulfur diesel fuel and same is hereby ratified and approved. R 58-2013 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING SALE OF SURPLUS PROPERTY NO LONGER NEEDED FOR PUBLIC USE ON AN ONLINE AUCTION WEBSITE WHEREAS, the Borough of Madison has determined that the vehicles listed in schedule A, attached to this resolution, are property no longer needed for public use; and WHEREAS, the State of New Jersey permits the sale of surplus property no longer needed for public use through the use on an online auction services, pursuant to the Local Unit Electronic Technology Pilot Program and Study Act, P.L. 2001, c.30.; and WHEREAS, the Borough of Madison has the vehicles listed in schedule A, attached to this resolution, and desires to sell these vehicles online; 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 Temporary Purchasing Officer, Elizabeth Osborne, is hereby authorized to post an offer to sell the vehicles listed on schedule A, on an auction website as follows: Online auction site: www.propertyroom.com Length of Auction: On-going; additional items will be added as the need arises Auction fees: To be paid through proceeds of the sale Method of Payment: See www.propertyroom.com for their acceptable payment methods Shipping: To be paid by the winning bidder Minimum Bid: $5.00 R 59-2013 RESOLUTION OF THE BOROUGH OF MADISON CONFIRMING MEMBERSHIP OF PATRICK W. DEBIASSE IN THE MADISON HOSE COMPANY NO.1, INC. WHEREAS, the Fire Chief has advised that Patrick W. DeBiasse was voted into the Madison Hose Company No.1, Inc. as a volunteer firefighter; and PAGE 18 OF 26 Regular Meeting Minutes – January 28, 2013 WHEREAS, Section 18-27 of the Madison Borough Code requires that each person so voted shall be confirmed as a member of such division by the Council of the Borough of Madison. NOW, THEREFORE, BE IT RESOLVED by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, that Patrick W. DeBiasse is hereby confirmed as a member of the Madison Hose Company No. 1, Inc. effective immediately. R 60-2013 RESOLUTION OF THE BOROUGH OF MADISON CONFIRMING MEMBERSHIP OF JOSEPH W. GILMORE IN THE MADISON HOOK & LADDER COMPANY #1 WHEREAS, the Fire Chief has advised that Joseph W. Gilmore was voted into the Madison Hook & Ladder Company #1 as a volunteer firefighter; and WHEREAS, Section 18-27 of the Madison Borough Code requires that each person so voted shall be confirmed as a member of such division by the Council of the Borough of Madison. NOW, THEREFORE, BE IT RESOLVED by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, that Joseph W. Gilmore is hereby confirmed as a member of the Madison Hook & Ladder Company #1, Inc. effective immediately. R 61-2013 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING A SPECIAL EVENT PERMIT TO ALLOW THE USE OF PUBLIC PARKING LOT NUMBER ONE BY THE ROTARY CLUB OF MADISON FOR A PUBLIC SHREDDING EVENT ON APRIL 13, 2013 WHEREAS, the Rotary Club of Madison has requested permission to use public parking lot number one on Saturday, April 13, 2013, between the hours of 11:00 a.m. and 3:00 p.m. for a public shredding event; and WHEREAS, the Borough Administrator has recommended that such permission be granted; and WHEREAS, the Rotary Club has submitted a Special Event Permit Application to the Borough as well as a Certificate of Liability Insurance naming the Borough of Madison as an additional insured; and WHEREAS, the Borough Council agrees with this recommendation. 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 Rotary Club of Madison is hereby given permission to hold a public shredding event at Madison public parking lot number one, on April 13, 2013, between the hours of 11:00 a.m. PAGE 19 OF 26 Regular Meeting Minutes – January 28, 2013 and 3:00 p.m. and subject to such safety requirements as may be directed by the Madison Police Department and/or Fire Department. R 62-2013 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING THE DOWNTOWN DEVELOPMENT COMMISSION TO INSTALL TEMPORARY ART BANNERS IN THE DOWNTOWN WHEREAS, the Downtown Development Commission has requested permission of the Borough of Madison to place temporary art banners in the downtown to create an outdoor sidewalk art gallery program; and WHEREAS, original art work will be displayed on temporary poles that are professionally installed in downtown from May Day to the week after Bottle Hill Day; and WHEREAS, the Borough Council finds that it is a benefit to the Borough of Madison and its citizens to allow an outdoor sidewalk art gallery program. NOW, THEREFORE, BE IT RESOLVED by the Council of the Borough of Madison County of Morris, State of New Jersey, as follows: 1. The Downtown Development Commission (DDC) is authorized to install temporary poles in the downtown area. 2. All proceeds from the sale of banners will be split, with artists receiving 60% of all proceeds over the first $100.00 and the remaining 40% to be split between the DDC and the Madison Arts and Cultural Alliance (MACA). 3. The DDC shall prohibit certain subjects including but not be limited to political statements, commercial advertising and indecent materials to be displayed, at the discretion of the committee. R 63-2013 RESOLUTION OF THE BOROUGH OF MADISON RENEWING THEATER LICENSE FOR CLEARVIEW MADISON CINEMA 4 FOR 2013 BE IT RESOLVED, by the Council of the Borough of Madison, County of Morris, State of New Jersey, that the following Theater License renewal be approved for the year 2013: Company Name: CCG HOLDINGS, LLC Name of Theater: CLEARVIEW MADISON CINEMA 4 PAGE 20 OF 26 Regular Meeting Minutes – January 28, 2013 Location of Theater: 14 LINCOLN PLACE MADISON, NEW JERSEY R 64-2013 RESOLUTION OF THE BOROUGH OF MADISON RENEWING AMUSEMENT DEVICE LICENSE AND PERMITS FOR CCG HOLDINGS, LLC FOR 2013 BE IT RESOLVED, by the Council of the Borough of Madison, County of Morris, State of New Jersey, that the following Amusement Device License renewal be approved for the year 2013: Clearview Madison Cinema 4 14 Lincoln Place, Madison, N.J BE IT FURTHER RESOLVED, that this License will permit operation of three amusement machines at Clearview Madison Cinema 4. R 65-2013 RESOLUTION OF THE BOROUGH OF MADISON APPROVING RAFFLES LICENSE APPLICATION SUBMITTED BY MADISON COOPERATIVE NURSERY SCHOOL 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 are hereby approved: MADISON COOPERATIVE NURSERY SCHOOL INC. I.D. No. 274-5-27821 R.A. No. 1264 – On Premise March 1, 2013 BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded to the Legalized Games of Chance Control Commission. R 66-2013 RESOLUTION OF THE BOROUGH OF MADISON APPROVING RAFFLES LICENSE APPLICATION SUBMITTED BY PTO KINGS ROAD SCHOOL 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: PTO KINGS ROAD SCHOOL I.D. No. 274-5-18728 R.A. No. 1265 – On Premise Merchandise April 19, 2013 BE IT FURTHER RESOLVED that a certified copy of this PAGE 21 OF 26 Regular Meeting Minutes – January 28, 2013 Resolution be forwarded to the Applicant along with the Raffles License. R 67-2013 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING DEVELOPER’S AGREEMENT BETWEEN THE BOROUGH OF MADISON AND 135-137 MAIN STREET, LLC FOR PREMISES AT 135-137 MAIN STREET, DESIGNATED AS BLOCK 2601, LOT 15 WHEREAS, 135-137 Main Street, LLC ("Developer") is the owner of certain property in the Borough of Madison located at 135-137 Main Street and designated as Block 2601, Lot 15 on the current Tax Map of the Borough (the “Property”); and WHEREAS, Developer obtained from the Madison Borough Planning Board development approvals for conversion to residential use of the second floor of the existing office building on the Property by Resolution adopted on January 15, 2013, which provided for execution of a developer’s agreement with the Borough; and WHEREAS, counsel has recommended that the attached proposed Developer’s Agreement concerning the Property be entered into; NOW, THEREFORE, BE IT RESOLVED, by the Council of the Borough of Madison, in the County of Morris and the State of New Jersey, that the attached Developer’s Agreement between 135-137 Main Street, LLC and the Borough of Madison regarding the approved development of the Property is hereby approved, and the Mayor and Borough Clerk are hereby authorized and directed on behalf of the Borough to execute the Developer’s Agreement. R 68-2013 RESOLUTION OF THE BOROUGH OF MADISON APPROVING RAFFLES LICENSE APPLICATION SUBMITTED BY THE JOHN TAYLOR BABBITT FOUNDATION 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: John Taylor Babbitt Foundation I.D. No. 75-4-38067 R.A. No. 1266 – On Premise Merchandise March 9, 2013 BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded to the Legalized Games of Chance Control Commission. R 69-2013 RESOLUTION OF THE BOROUGH OF MADISON APPROVING RAFFLES LICENSE APPLICATION SUBMITTED BY THE BULLPEN CLUB INC. PAGE 22 OF 26 Regular Meeting Minutes – January 28, 2013 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: BULLPEN CLUB INC. I.D. No. 274-5-35149 R.A. No. 1267 – On Premise Merchandise March 9, 2013 BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded to the Legalized Games of Chance Control Commission. R 70-2013 RESOLUTION OF THE BOROUGH OF MADISON SETTING SALARIES FOR FULL-TIME NON-UNION PERSONNEL FOR 2012 BE IT RESOLVED by the Council of the Borough of Madison, County of Morris, State of New Jersey, that the following persons be compensated at the annual salary or rate of wages, the same being within the minimum and maximum limitations established by Ordinance 5-2008, Ordinance 17-2009, and Ordinance 41-2010 to be effective January 1, 2012. 2012 POSITION AND NAME Baratto, Mary Lisa, Joint Municipal Tax Assessor 93,655.00 Burans, Christopher F., Dispatcher 40,877.00 Burnet, James, Assistant Borough Administrator 96,425.00 Codey, Raymond M., Borough Administrator 153,808.00 DeRosa, Louie E., III, Fire Chief 124,282.00 DeVecchi, Theresa, Executive Assistant 60,736.00 Kalafut, Robert, Chief Financial Officer 131,929.00 Keenan, Benjamin R., Dispatcher 38,773.00 Macaluso, Patricia, Deputy Borough Clerk 47,807.00 Maines, David, Superintendent of Public Works 113,644.00 Manion, Kristy, Confidential Secretary 53,959.00 Mittermaier, Joseph, Dispatcher 35,133.00 Osborne, Elizabeth Borough Clerk 79,290.00 Phillips, Connie, Office Manager 62,236.00 Piano, Michael, Electric Utility Superintendent 114,659.00 Rafter, John, Senior Dispatcher 52,366.00 Sanderson, James, Director of Technology 81,200.00 Sawyer, Linda, Confidential Assistant to CFO & Personnel Officer 56,921.00 Trevena, John, Police Chief 131,913.00 Vogel, Robert, Municipal Engineer 126,698.00 PAGE 23 OF 26 Regular Meeting Minutes – January 28, 2013 R 71-2013 RESOLUTION OF THE BOROUGH OF MADISON SETTING SALARIES FOR FULL-TIME NON-UNION PERSONNEL FOR 2013 BE IT RESOLVED by the Council of the Borough of Madison, County of Morris, State of New Jersey, that the following persons be compensated at the annual salary or rate of wages, the same being within the minimum and maximum limitations established by Ordinance 5-2008, Ordinance 17-2009, and Ordinance 41-2010 to be effective January 1, 2013. 2013 POSITION AND NAME Baratto, Mary Lisa, Joint Municipal Tax Assessor 95,528.00 Burans, Christopher F., Dispatcher 41,695.00 Burnet, James, Assistant Borough Administrator 98,354.00 Codey, Raymond M., Borough Administrator 156,884.00 Dachisen, Darren, Police Chief (effective 2/1/2013) 126,000.00 DeRosa, Louie E., III, Fire Chief 126,768.00 DeVecchi, Theresa, Executive Assistant 62,970.00 Kalafut, Robert, Chief Financial Officer 134,568.00 Keenan, Benjamin R., Dispatcher 39,548.00 Macaluso, Patricia, Deputy Borough Clerk 49,783.00 Maines, David, Superintendent of Public Works 115,917.00 Manion, Kristy, Confidential Secretary 56,059.00 Mittermaier, Joseph, Dispatcher 35,836.00 Osborne, Elizabeth Borough Clerk 80,876.00 Phillips, Connie, Office Manager 64,500.00 Piano, Michael, Electric Utility Superintendent 116,952.00 Rafter, John, Senior Dispatcher 53,413.00 Sanderson, James, Director of Technology 82,824.00 Sawyer, Linda, Confidential Assistant to CFO & Personnel Officer 59,080.00 Vogel, Robert, Municipal Engineer 129,232.00 R 72-2013 RESOLUTION OF THE BOROUGH OF MADISON APPROVING APPOINTMENT OF DOMINICK RENZULLI TO ACTING LEADMAN IN PARKS DEPARTMENT WHEREAS, the Superintendent of Public Works has recommended that Dominick Renzulli be appointed to the position of Acting Leadman in the Madison Parks Department; and WHEREAS, the Madison Borough Council, after due consideration, has determined to appoint Dominick Renzulli to the position of Acting Leadman in the Madison Parks Department. NOW, THEREFORE, BE IT RESOLVED by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, that Dominick Renzulli is PAGE 24 OF 26 Regular Meeting Minutes – January 28, 2013 hereby appointed to the position of Acting Leadman in the Madison Parks Department effective January 8, 2013. BE IT FURTHER RESOLVED that provided Dominick Renzulli continues to serve in this capacity, he will be entitled to receive a one (1%) percent differential in compensation effective January 28, 2013. R 73-2013 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING THE MADISON COMMUNITY GARDEN COMMITTEE TO USE A PORTION OF FEES COLLECTED FOR ROUTINE EQUIPMENT MAINTENANCE AND REPAIR BE IT RESOLVED, that the Council of the Borough of Madison, County of Morris, State of New Jersey, hereby authorizes a portion of the fees collected for community garden plot rentals to be used for the routine maintenance and repair of equipment used to maintain the community gardens, as requested by the Madison Community Garden Committee. UNFINISHED BUSINESS - None APPROVAL OF VOUCHERS On motion by Mrs. Vitale seconded by Mrs. Tsukamoto 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 $15,637.57 Health & Public Assistance 2,211.98 Public Works & Engineering 129,511.95 Community Affairs 535.23 Finance & Borough Clerk 238,985.33 Utilities 1,489,280.32 Total $1,876,162.38 The following roll call vote was recorded approving the aforementioned vouchers: Yeas: Mrs. Tsukamoto, Mr. Catalanello, Mr. Landrigan. Mrs. Vitale, Ms. Baillie, Mr. Wolkowitz Nays: None NEW BUSINESS Mayor Conley announced the following appointment and requested Council confirmation: BOARD OF HEALTH Carmen Romano, DC, of 150 Glen Alpin Road, New Vernon, for an unexpired four year term through December 31, 2015. Mrs. Vitale moved confirmation of the foregoing appointment. Ms. Baillie seconded the motion, which passed with the following roll call vote recorded: PAGE 25 OF 26 Regular Meeting Minutes – January 28, 2013 Yeas: Mrs. Tsukamoto, Mr. Catalanello, Mr. Landrigan. Mrs. Vitale, Ms. Baillie, Mr. Wolkowitz Nays: None ADJOURN There being no further business to come before the Council, the meeting was adjourned at 10:30 p.m. Respectfully submitted, Elizabeth Osborne Borough Clerk Approved April 1, 2013 (EO) PAGE 26 OF 26

Agenda

MAYOR AND COUNCIL REGULAR MEETING AGENDA JANUARY 28, 2013 Committee Room at 7:00 p.m. 1. CALL TO ORDER 2. STATEMENT IN COMPLIANCE WITH THE OPEN PUBLIC MEETINGS ACT 3. ROLL CALL 4. AGENDA REVIEW 5. READING OF CLOSED SESSION RESOLUTION Council Chamber 8:00 p.m. 6. RECONVENE WITH (ALL) MEMBERS PRESENT ON JANUARY 28, 2013 7. PLEDGE OF ALLEGIANCE 8. MINUTES FOR APPROVAL 9. GREETING TO PUBLIC State of New Jersey Green Acres Program, grant funds presentation Congenital Heart Defect Awareness Week Police Department Promotions R 40-2013 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING APPOINTMENT OF ACTING CHIEF OF POLICE DARREN DACHISEN TO THE POSITION OF CHIEF OF POLICE EFFECTIVE FEBRUARY 1, 2013 R 41-2013 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING APPOINTMENT OF ACTING LIEUTENANT JOSEPH CIRELLA AS LIEUTENANT IN THE MADISON POLICE DEPARTMENT EFFECTIVE FEBRUARY 1, 2013 R 42-2013 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING APPOINTMENT OF ACTING LIEUTENANT DENNIS LAM AS LIEUTENANT IN THE MADISON POLICE DEPARTMENT EFFECTIVE FEBRUARY 1, 2013 R 43-2013 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING APPOINTMENT OF ACTING SERGEANT SEAN PLUMSTEAD AS SERGEANT IN THE MADISON POLICE DEPARTMENT EFFECTIVE FEBRUARY 1, 2013 R 44-2013 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING APPOINTMENT OF ACTING SERGEANT CRAIG PERRELLI AS SERGEANT IN THE MADISON POLICE DEPARTMENT EFFECTIVE FEBRUARY 1, 2013 10. REPORTS FROM COMMITTEES Utilities Jeannie Tsukamoto/Carmela Vitale Public Works and Engineering Robert Catalanello/ Astri Baillie Community Affairs Robert Landrigan/Robert Catalanello Health Carmela Vitale/Jeannie Tsukamoto Public Safety Astri J. Baillie/Benjamin Wolkowitz Finance and Borough Clerk Benjamin Wolkowitz/Robert Landrigan LAST PRINTED 1/29/2013 8:46:00 AM1 MAYOR AND COUNCIL MEETING AGENDA – JANUARY 28, 2013 11. COMMUNICATIONS AND PETITIONS 12. INVITATION FOR DISCUSSION (1 of 2) 13. AGENDA DISCUSSIONS 01/28/2013-1 DOWNTOWN DEVELOPMENT COMMISSION SIDEWALK ART BANNER PROGRAM Resolution R 62-2013 is listed on the Consent Agenda 01/28/2013-2 MRC FUND RAISING PLAN 01/28/2013-3 COMMUNITY GARDEN SIGNAGE Resolution R 55-2013 is listed on the Consent Agenda 01/28/2013-4 LUKE MILLER FORGE RENOVATIONS Resolution R 54-2013 is listed on the Consent Agenda 01/28/2013-5 DPW GARAGE ROOF REPLACEMENT Ordinance 1-2013 listed for introduction 01/28/2013-6 LICENSING OF COMMERCIAL LANDSCAPERS 14. ORDINANCES FOR HEARING- none 15. INVITATION FOR DISCUSSION (2 of 2) 16. INTRODUCTION OF ORDINANCES ORDINANCE 1-2013 ORDINANCE OF THE BOROUGH OF MADISON APPROPRIATING $50,000.00 FROM THE GENERAL CAPITAL IMPROVEMENT FUND FOR REPLACEMENT OF THE DEPARTMENT OF PUBLIC WORKS GARAGE ROOF 17. CONSENT AGENDA RESOLUTIONS R 45-2013 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING COLLECTIVE BARGAINING AGREEMENTS WITH THE FIREMEN’S MUTUAL BENEFIT ASSOCIATION (FMBA) R 46-2013 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING COLLECTIVE BARGAINING AGREEMENTS WITH THE EMPLOYEES FEDERATION (WHITE COLLAR AND SUPERVISORS) R 47-2013 RESOLUTION OF THE BOROUGH OF MADISON ACCEPTING UTILITY EASEMENT AGREEMENT FROM PUBLIC SERVICE ELECTRIC & GAS CO., IN REGARD TO PROPERTY AT BLOCK 601, LOT 1.01 KNOWN AS THE MADISON RECREATION CENTER R 48-2013 RESOLUTION OF THE BOROUGH OF MADISON ACCEPTING WATER LINE AND UTILITY EASEMENT AGREEMENT FROM MADISON BOARD OF EDUCATION IN LAST PRINTED 1/29/2013 8:46:00 AM Page 2 MAYOR AND COUNCIL MEETING AGENDA – JANUARY 28, 2013 REGARD TO PROPERTY AT BLOCK 601, LOT 1 KNOWN AS THE MADISON RECREATION CENTER R 49-2013 RESOLUTION OF THE BOROUGH OF MADISON RESCINDING RESOLUTION 30-2013 AWARDING CONTRACT TO ALLIED OIL, LLC FOR THE PURCHASE OF GASOLINE UNDER THE MORRIS COUNTY COOPERATIVE CONTRACT #1 GASOLINE R 50-2013 RESOLUTION OF THE BOROUGH OF MADISON RESCINDING RESOLUTION 32-2013 AWARDING CONTRACT TO ALLIED OIL, LLC FOR ULTRA LOW SULFUR DIESEL FUEL UNDER THE MORRIS COUNTY COOPERATIVE CONTRACT R 51-2013 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING AND RATIFYING THE AWARD OF NON-FAIR AND OPEN CONTRACT FOR THE POSITION OF BOROUGH PROSECUTOR FOR 2013 R 52-2013 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING SUBMISSION OF GRANT APPLICATION TO NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION HAZARDOUS DISCHARGE SITE REMEDIATION FUND R 53-2013 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING AND RATIFYING THE AWARD OF NON-FAIR AND OPEN CONTRACT FOR THE POSITION OF PUBLIC DEFENDER FOR 2013 R 54-2013 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING IMPROVEMENTS AND ACCEPTING DONATIONS OF RENOVATIONS TO THE LUKE MILLER FORGE R 55-2013 RESOLUTION OF THE BOROUGH OF MADISON ACCEPTING DONATION OF A SIGN FOR THE MADISON COMMUNITY GARDENS AND AUTHORIZING INSTALLATION OF SIGN AT THE MADISON RECREATION CENTER R 56-2013 RESOLUTION OF THE BOROUGH OF MADISON RATIFYING THE AWARD OF A PURCHASE ORDER/CONTRACT TO ALLIED OIL, LLC FOR THE PURCHASE OF GASOLINE UNDER THE NEW JERSEY STATE COOPERATIVE CONTRACT #80914 FOR PURCHASE OF GASOLINE R 57-2013 RESOLUTION OF THE BOROUGH OF MADISON RATIFYING THE AWARD OF A PURCHASE ORDER/CONTRACT TO RIGGINS, INC. FOR THE PURCHASE OF ULTRA LOW SULFUR DIESEL FUEL UNDER THE NEW JERSEY STATE COOPERATIVE CONTRACT #82763 FOR PURCHASE OF GASOLINE R 58-2013 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING SALE OF SURPLUS PROPERTY NO LONGER NEEDED FOR PUBLIC USE ON AN ONLINE AUCTION WEBSITE R 59-2013 RESOLUTION OF THE BOROUGH OF MADISON CONFIRMING MEMBERSHIP OF PATRICK W. DEBIASSE IN THE MADISON HOSE COMPANY NO.1, INC. R 60-2013 RESOLUTION OF THE BOROUGH OF MADISON CONFIRMING MEMBERSHIP OF JOSEPH W. GILMORE IN THE MADISON HOOK & LADDER COMPANY #1 R 61-2013 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING A SPECIAL EVENT PERMIT TO ALLOW THE USE OF PUBLIC PARKING LOT NUMBER ONE BY THE ROTARY CLUB OF MADISON FOR A PUBLIC SHREDDING EVENT ON APRIL 13, 2013 LAST PRINTED 1/29/2013 8:46:00 AM Page 3 MAYOR AND COUNCIL MEETING AGENDA – JANUARY 28, 2013 R 62-2013 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING THE DOWNTOWN DEVELOPMENT COMMISSION TO INSTALL TEMPORARY ART BANNERS IN THE DOWNTOWN R 63-2013 RESOLUTION OF THE BOROUGH OF MADISON RENEWING THEATER LICENSE FOR CLEARVIEW MADISON CINEMA 4 FOR 2013 R 64-2013 RESOLUTION OF THE BOROUGH OF MADISON RENEWING AMUSEMENT DEVICE LICENSE AND PERMITS FOR CCG HOLDINGS, LLC FOR 2013 R 65-2013 RESOLUTION OF THE BOROUGH OF MADISON APPROVING RAFFLES LICENSE APPLICATION SUBMITTED BY MADISON COOPERATIVE NURSERY SCHOOL INC. R 66-2013 RESOLUTION OF THE BOROUGH OF MADISON APPROVING RAFFLES LICENSE APPLICATION SUBMITTED BY PTO KINGS ROAD SCHOOL R 67-2013 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING DEVELOPER’S AGREEMENT BETWEEN THE BOROUGH OF MADISON AND 135-137 MAIN STREET, LLC FOR PREMISES AT 135-137 MAIN STREET, DESIGNATED AS BLOCK 2601, LOT 15 R 68-2013 RESOLUTION OF THE BOROUGH OF MADISON APPROVING RAFFLES LICENSE APPLICATION SUBMITTED BY THE JOHN TAYLOR BABBITT FOUNDATION R 69-2013 RESOLUTION OF THE BOROUGH OF MADISON APPROVING RAFFLES LICENSE APPLICATION SUBMITTED BY THE BULLPEN CLUB INC. R 70-2013 RESOLUTION OF THE BOROUGH OF MADISON SETTING SALARIES FOR FULL-TIME NON-UNION PERSONNEL FOR 2012 R 71-2013 RESOLUTION OF THE BOROUGH OF MADISON SETTING SALARIES FOR FULL-TIME NON-UNION PERSONNEL FOR 2013 R 72-2013 RESOLUTION OF THE BOROUGH OF MADISON APPROVING APPOINTMENT OF DOMINICK RENZULLI TO ACTING LEADMAN IN PARKS DEPARTMENT R 73-2013 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING THE MADISON COMMUNITY GARDEN COMMITTEE TO USE A PORTION OF FEES COLLECTED FOR ROUTINE EQUIPMENT MAINTENANCE AND REPAIR 18. Unfinished Business 19. Approval of Vouchers 20. New Business 21. Adjournment LAST PRINTED 1/29/2013 8:46:00 AM Page 4

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