Mayor & Council
Regular MeetingMadison, NJ · September 9, 2013
Minutes
MINUTES OF A REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE
BOROUGH OF MADISON
September 9, 2013 - 7 p.m.
CALL TO ORDER
The Regular Meeting of the Mayor and Council of the Borough of Madison was held
on the 9th day of September, 2013. 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 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:
Robert G. Catalanello
Robert Landrigan
Carmela Vitale
Astri J. Baillie
Benjamin Wolkowitz
Vacancy
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)
July 22, 2013
August 12, 2013
Date of public disclosure 60 days after conclusion, if disclosure required.
CONTRACT MATTERS (3)
Regular Meeting Minutes – September 9, 2013
IBEW
MADISON CHATHAM JOINT MEETING
TILCON NEW YORK, INC.
Date of public disclosure 60 days after conclusion, if disclosure required.
PERSONNEL MATTERS (3)
PART TIME OFFICE ASSISTANT 1- CLERK’S OFFICE
PER DIEM POLICE DISPATCHER
ZONING DEPARTMENT SUPPORT
Date of public disclosure 60 days after conclusion, if disclosure required.
LITIGATION MATTERS (2)
TAX APPEAL – 17-33 MADISON AVENUE
COLUMBIA/PARK INTERSECTION
Date of public disclosure 60 days after conclusion, if disclosure required.
POTENTIAL LITIGATION MATTERS (2)
HDM BOILER REPLACEMENT PROJECT
COLUMBIA/ PARK INTERSECTION
Date of public disclosure 60 days after conclusion, if disclosure required.
Seconded: Mr. Catalanello
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.
Mayor Conley asked for a moment of silence for recently departed Brooke Healy
and Dr. Robert Bull.
APPROVAL OF MINUTES
Ms. Baillie moved approval of the Executive Minutes of July 22, 2013. Mrs. Vitale
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
Ms. Baillie moved approval of the Regular Meeting Minutes of July 22, 2013. Mrs.
Vitale 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
Ms. Baillie moved approval of the Executive Minutes of August 12, 2013. Mrs.
Vitale seconded the motion, which passed with the following roll call vote recorded:
Yeas: Mr. Landrigan, Mrs. Vitale, Ms. Baillie, Mr. Wolkowitz
Nays: None
Abstain: Mr. Catalanello
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Regular Meeting Minutes – September 9, 2013
Ms. Baillie moved approval of the Regular Meeting Minutes of August 12, 2013.
Mrs. Vitale seconded the motion, which passed with the following roll call vote
recorded:
Yeas: Mr. Landrigan, Mrs. Vitale, Ms. Baillie, Mr. Wolkowitz
Nays: None
Abstain: Mr. Catalanello
GREETINGS TO PUBLIC
Mayor Conley noted the resignation of Councilwoman Jeannie Tsukamoto from the
Council effective August 30, 2013.
Mayor Conley administered the Oath of Office to Sergeants James Cavezza and
Joseph Longo, who were surrounded by their wives and families. There was a long
round of applause. Mayor Conley recognized the dignitaries present to honor the
newly appointed officers.
Senator Richard J. Codey, Assemblyman John F. McKeon and Assemblywoman
Mila M. Jasey presented ceremonial checks in the amount of $1,267,503 and
$325,000 representing Green Acres funding for the Madison Recreation Center.
Rotary of Madison members Ellsworth Haven and Rocco Iossa presented a check in
the amount of $ 3,839.23 for the Union Beach Summer Camp Initiative, raise at the
recent Rotary Family Fun Festival.
Mayor Conley made the following comments:
Proclamation recognizing Constitution Week, September 17-23, 2013.
Employees of the Month for September
Connie Phillips and Kristy Manion of the Madison Police Administration for their
innovative ideas to increase productivity and efficiency for the Records Department,
as well as the Madison Police Department.
REPORTS OF COMMITTEES
Health
Mrs. Vitale of the Committee made the following comments:
Mrs. Vitale reported that the Health Department will offer flu shots to residents at
two clinics, on September 18th and 27th. The Health Department will also hold a
rabies clinic. A rabies clinic is scheduled for December. Mrs. Vitale reminded
residents of West Nile virus prevention and noted information of the Borough
website. Mrs. Vitale reported for the Utility Departments. The Water Department has
installed a new pump motor at Well C and new chlorine dispensing equipment.
Monthly water testing is underway. Hydrant flushing begins today. The Electric
Utility has installed new poles, transistors and electric service on Strickland Avenue
and continues survey work at the substations.
Utilities
Vacancy, Chair of the Committee, made the following comments:
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Regular Meeting Minutes – September 9, 2013
Public Works and Engineering
Mr. Catalanello, Chair of the Committee, made the following comments:
Mr. Catalanello reported that once weekly garbage pick up will resume next week,
and that work continues at the North Street pump station with new grinder
installation. The Department of Public Works continues work on the sidewalks at the
Cook Avenue Parking Lot and preparing sports fields for all fall sports.
Community Affairs
Mr. Landrigan, Chair of the Committee, made the following comments:
Mr. Landrigan reported that repaving of the parking lot at the Civic Center is now
completed and fall programs are underway. Bottle Hill day is scheduled for Saturday
October 5th and will include the Mayor’s Mad Dash, a foot race down Main Street
against mascots from local Universities and Colleges. Mr. Landrigan also noted that
the Farmers’ Market continues on Thursdays until October and this Friday evening
is the last of the Summer Concert series in front of the Museum of Early Trades &
Crafts.
Public Safety
Ms. Baillie, Chair of the Committee, made the following comments:
Ms. Baillie reported that the first day of school occurred smoothly with many
students walking to schools, as noted by the Police Department. Ms. Baillie noted
that Project Community Pride is conducting an online survey regarding services and
encouraged residents to visit a link to the survey on the Borough website.
Finance and Borough Clerk
Mr. Wolkowitz, Chair of the Committee, made the following comments:
The Borough Clerk’s office announces that the last day for residents not yet
registered to be eligible to vote in the October 16th Special Election is Wednesday
September 25, 2013. Voter registration forms and Applications for Vote by Mail
ballots are available in the Borough Clerk’s Office or online at morriselections.org.
Mr. Wolkowitz noted that the 2014 budget process has begun and the IBEW Local
Union #1298 has settled their contract. Mr. Wolkowitz noted that an additional
municipality is interested in joining the Joint Municipal Court and more information
will follow.
COMMUNICATIONS AND PETITIONS-none
INVITATION FOR DISCUSSION (1 of 2)
Mayor Conley opened the meeting to the public for their opportunity to ask
questions and make comments on those items listed on the Agenda only. Mayor
asked that, upon recognition by the Chair, the person shall proceed to the lectern
and give his/her name and address in an audible tone of voice, and print the same
on the sheet provided for the record. He/she shall limit his/her statement to three
(3) minutes or less.
Sam Cerciello, Park Avenue, asked for clarification of Ordinance 39-2013 to
appropriate funds for the reconstruction of a portion of Rt 124, Main Street due to a
recent water main break and Resolution R 255-2013 regarding the withdrawal of tax
appeals.
Vivian James, Main Street, Director of the Museum of Early Trades & Crafts,
spoke in support of the Open Space Advisory Committee’s quarterly report, noting
that the Museum facility will require two million dollars in repairs.
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Regular Meeting Minutes – September 9, 2013
AGENDA DISCUSSIONS
09/09/2013-1 COUNCIL VACANCY PROCESS
Mr. Giacobbe provided information regarding the statutory process for filling the
Council vacancy, noting that the vacant term is through December 31, 2013.
09/09/2013-2 OPEN SPACE TRUST FUND QUARTERLY REPORT
Committee Chair Melissa Honohan provided a quarterly report of the activities of
the Open Space Trust Committee including information regarding background of the
Open Space referendum in 2004, the structure of the committee, activities in 2013
and the financial report for 2013 to date. Ms. Honohan noted that the ending
balance as of September 9th is $279,854.00. There was discussion regarding the
MRC debt and refinancing and potential future projects. Mayor Conley noted that
the Madison Athletic Foundation will make a presentation regarding fundraising at
the first Council meeting in October.
09/09/2013-3 Item removed
09/09/2013-4 AN ORDINANCE AMENDING CHAPTER 195-10(c)(1)(b) OF THE
CODE OF THE BOROUGH OF MADISON TO REQUIRE NOTIFICATION TO
PROPERTY OWNERS WITHIN 200FT FOR ANY PLANNING BOARD
APPLICATION
Ms. Baillie explained that currently, Chapter 195-10(C)(1)(B) of the Borough Code
exempts minor subdivisions from notification and the proposed ordinance would
require property owners to be noticed and allow for the opportunity to appear before
the Planning Board.
Ordinance 40-2013 is listed for Introduction.
09/09/2013-5 AN ORDINANCE AMENDING CHAPTER 195 TO PROVIDE
VARIOUS ZONING BOARD OF ADJUSTMENT CHANGES
Ms. Baillie noted that the Planning Board has reviewed the recommendations of the
Zoning Board in their annual report and accepts the proposed ordinance regarding
minor changes.
Ordinance 41-2013 is listed for Introduction.
09/09/2013-6 AN ORDINANCE TO AMEND ORDINANCE 2-3013,
APPROPRIATION OF $165,000.00 FOR PURCHASE OF A NEW
DIGGER/DERRICK TRUCK FOR THE ELECTRIC DEPARTMENT TO INCREASE
THE AMOUNT OF THE APPROPRIATION $60,000.00
There were no objections to the request for additional funds for the purchase of a
new digger/derrick truck for the Electric Department.
Ordinance 42-2013 is listed for Introduction.
09/09/2013-7 APPROPRIATION OF $125,000.00 FROM THE ELECTRIC
CAPITAL IMPROVEMENT FUND FOR REPAIRS TO THE WATER & LIGHT
BUILDING
There were no objections to Electric Utility Superintendant Michael Piano’s request
for improvements to the Water & Light building, and there was agreement to list
Ordinance 43-2013 for introduction.
Ordinance 43-2013 is listed for Introduction.
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Regular Meeting Minutes – September 9, 2013
09/09/2013-8 ALCOHOLIC BEVERAGE LICENSE TRANSFER – TAVERN AT
MAIN CORP.
Mr. Codey noted a recent settlement and stated that all necessary paperwork and
fees have been filed for renewal and transfer of the ABC license. There was
agreement to list resolutions for approval.
Resolution R 257-2013 and R 258-2013 are listed on the Consent Agenda
09/09/2013-9 APPROPRIATION OF $29,000.00 FROM THE GENERAL
CAPITAL IMPROVEMENT FUND FOR REPAIRS TO THE ROOF FASCIAS AND
SKYLIGHTS AT THE MADISON PUBLIC LIBRARY
Library Director Nancy Adamczyk provided information regarding the Library
Trustees’ recommendation for repairs to the Library roof fascias and skylights.
There was no objection to listing an ordinance for introduction.
Ordinance 44-2013 is listed for Introduction.
09/09/2013-10 APPROPRIATION OF $40,000.00 FROM THE WATER
CAPITAL IMPROVEMENT FUND FOR RESURFACING OF A SECTION OF
STATE HIGHWAY 124
There was agreement to list an ordinance to appropriate funds to repair damage to
the road way caused by a recent water main break.
Ordinance 39-2013 is listed for Introduction.
ADVERTISED HEARINGS
The Clerk made the following statement:
Ordinances scheduled for hearing tonight were submitted in writing at a Regular
meeting of the Mayor and Council held on August 12, 2013, 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 36-2013
ORDINANCE OF THE BOROUGH OF AMENDING CHAPTER 190 OF THE
MADISON BOROUGH CODE ENTITLED “WATER” TO UPDATE THE WATER
CONNECTION FEE SCHEDULE
WHEREAS, the Borough Engineer and Borough Auditor have recommended
that the Borough amend Chapter 190 of the Madison Borough Code entitled “Water”
to include an updated water connection fee schedule; and
WHEREAS, Nisivoccia and Company, LLP, Certified Public Accountants and
consultant to the Borough, has performed a study of the capital costs and interest
on debt service together with the number of equivalent users at December 31, 2012,
and based on such study has recommended a water connection fee in the amount
of $2,945.00 for new customers during 2013; and
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Regular Meeting Minutes – September 9, 2013
WHEREAS, such water connection fee is authorized by N.J.S.A. 40A:31-11
entitled “County and Municipal Water Supply”.
NOW, THEREFORE, BE IT ORDAINED by the Council of the Borough of
Madison, in the County of Morris and State of New Jersey, as follows:
SECTION 1: Chapter 190-11.2 of the Madison Borough Code, currently
entitled “Connection fee” is hereby amended as follows:
§190-11.2 Connection fee
There shall be a water connection fee established in
accordance with N.J.S.A. 40A:31-11 in addition to the fees for
department services set forth in Section 190-33. The water
connection fee for the remainder of 2013 shall be:
A. For single family dwelling units, $2,945.00, and for
multiple dwelling units, $2,945.00 per unit.
B. In the case of any building or portion thereof to be
used for industrial, commercial, educational or other
than dwelling purposes, the Borough Engineer shall
determine by accepted standards the number of units
to be connected or added to an existing connection;
where a unit equals an annual average daily flow of
248 gallons or fraction thereof: $2,945.00 per unit.
This fee shall, pursuant to statute, be recalculated at the end
of each budget year and may be reset by ordinance of the
Borough Council after public hearing, on a yearly basis. The
water connection fee shall be payable in full to the Borough of
Madison at the time a building water connection permit is
issued for connection to the municipal water system by the
Borough of Madison.
SECTION 2: This Ordinance shall take effect as provided by law.
Mayor Conley opened up the public hearing on Ordinance 36-2013. Since no
member of the public wished to be heard, the public hearing was closed.
Mrs. Vitale moved that Ordinance 36-2013, which the Clerk read by title, be finally
adopted. Mr. Catalanello seconded the motion. There was no Council discussion
and the motion passed with the following roll call vote recorded:
Yeas: Mr. Catalanello, Mr. Landrigan, Mrs. Vitale, Ms. Baillie, Mr. Wolkowitz
Nays: None
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Regular Meeting Minutes – September 9, 2013
Mayor Conley declared Ordinance 36-2013 adopted and finally passed and ordered
the Clerk to publish the notice thereof in the newspaper and to record the ordinance
as required by law.
ORDINANCE 37-2013
ORDINANCE OF THE BOROUGH OF AMENDING CHAPTER 155 OF THE
MADISON BOROUGH CODE ENTITLED “SEWER” TO UPDATE THE SEWER
CONNECTION FEE SCHEDULE
WHEREAS, the Borough Engineer and Borough Auditor have recommended
that the Borough amend Chapter 155 of the Madison Borough Code entitled
“Sewer” to include an updated sewer connection fee schedule; and
WHEREAS, Nisivoccia and Company, LLP, Certified Public Accountants and
consultant to the Borough, has performed a study of the capital costs and interest
on debt service together with the number of equivalent users at December 31, 2012,
and based on such study has recommended a sewer connection fee in the amount
of $4,775.00 for new customers during 2013; and
WHEREAS, such sewer connection fee is authorized by N.J.S.A. 40A:26A-
11 entitled “Municipal and County Sewerage Facilities”.
NOW, THEREFORE, BE IT ORDAINED by the Council of the Borough of
Madison, in the County of Morris and State of New Jersey, as follows:
SECTION 1: Chapter 155-4A of the Madison Borough Code, currently
entitled “Connection expenses; responsibility for maintenance, repair and
replacement of laterals” is hereby amended as follows:
§155-4 Connection fees; connection expenses; responsibility for
maintenance, repair and replacement of laterals.
A. Sewer connection fees.
There shall be a basic connection fee established in
accordance with N.J.S.A. 40A:26A-11. The fee for the
remainder of 2013 shall be:
1. For single family dwelling units, $4,775.00, and for
multiple dwelling units, $4,775.00 per unit.
2. In the case of any building or portion thereof to be
used for industrial, commercial, educational or other
than dwelling purposes, the Borough Engineer shall
determine by accepted standards the number of units
to be connected or added to an existing connection;
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Regular Meeting Minutes – September 9, 2013
where a unit equals an annual average daily flow of
265 gallons or fraction thereof: $4,775.00 per unit.
This fee shall, pursuant to statute, be recalculated at the end
of each budget year and may be reset by ordinance of the
Borough Council after public hearing, on a yearly basis. The
sewer connection fee is based upon the usage of a single
dwelling unit or equivalent discharge. The sewer connection
fee shall be payable in full to the Borough of Madison at the
time a building sewer permit is issued for connection to the
public sanitary sewer by the Borough of Madison.
SECTION 2: This Ordinance shall take effect as provided by law.
Mayor Conley opened up the public hearing on Ordinance 37-2013. Since no
member of the public wished to be heard, the public hearing was closed.
Mrs. Vitale moved that Ordinance 37-2013, which the Clerk read by title, be finally
adopted. Mr. Landrigan seconded the motion. There was no Council discussion and
the motion passed with the following roll call vote recorded:
Yeas: Mr. Catalanello, Mr. Landrigan, Mrs. Vitale, Ms. Baillie, Mr. Wolkowitz
Nays: None
Mayor Conley declared Ordinance 37-2013 adopted and finally passed and ordered
the Clerk to publish the notice thereof in the newspaper and to record the ordinance
as required by law.
ORDINANCE 38-2013
ORDINANCE OF THE BOROUGH OF MADISON APPROPRIATING $25,000.00
FROM THE GENERAL CAPITAL IMPROVEMENT FUND FOR IMPROVEMENTS
TO THE POLICE DEPARTMENT IMPOUND GARAGE
WHEREAS, the Chief of Police has recommended that the Borough appropriate
$25,000.00 from the General Capital Improvement Fund for improvements to the
Police Department Impound Garage; 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 $25,000.00
for this purpose; and
WHEREAS, the Borough Council has determined that the Borough should
appropriate $25,000.00 from the General Capital Improvement Fund for
improvements to the Police Department Impound Garage; and
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Regular Meeting Minutes – September 9, 2013
WHEREAS, the Chief Financial Officer has certified that adequate funds are
available for this purpose in the General Capital Improvement Fund.
NOW, THEREFORE, BE IT ORDAINED by the Council of the Borough of
Madison, in the County of Morris and State of New Jersey, as follows:
SECTION 1: The amount of $25,000.00 is hereby appropriated
from the General Capital Improvement Fund for improvements to the Police
Department Impound Garage.
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 38-2013. Since no
member of the public wished to be heard, the public hearing was closed.
Ms. Baillie moved that Ordinance 38-2013, which the Clerk read by title, be finally
adopted. Mr. Wolkowitz seconded the motion. There was no Council discussion and
the motion passed with the following roll call vote recorded:
Yeas: Mr. Catalanello, Mr. Landrigan, Mrs. Vitale, Ms. Baillie, Mr. Wolkowitz
Nays: None
Mayor Conley declared Ordinance 38-2013 adopted and finally passed and ordered
the Clerk to publish the notice thereof in the newspaper and to record the ordinance
as required by law.
INVITATION FOR DISCUSSION (2 of 2)
Mayor opened the meeting to the public for their opportunity to ask questions and
make comments on any subject. Mayor asked that, upon recognition by the Chair,
the person shall proceed to the lectern and give his/her name and address in an
audible tone of voice, and print the same on the sheet provided for the record.
He/she shall limit his/her statement to three (3) minutes or less.
Sam Cerciello, Park Avenue, asked for advice from the Borough Attorney
regarding a recent meeting of the Madison Republican Committee to selection
nominees for Council. Mr. Giacobbe noted that he can not advise residents.
Carmen Pico, North Street, raised concern regarding the condition of the
sidewalks at the ball fields at the former Green Village Road School property.
INTRODUCTION OF ORDINANCES
The Clerk made the following statement:
Ordinances scheduled for introduction and first reading tonight will have a hearing
during the meeting of September 23, 2013 in the 2nd Floor Council Chamber of the
Hartley Dodge Memorial Building, Kings Road, in the Borough of Madison at 8 p.m.,
or as soon thereafter as practical, for further consideration and final adoption. Said
ordinances will be published in the Madison Eagle, be posted at the main entrance
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Regular Meeting Minutes – September 9, 2013
to the Borough offices and be made available to members of the public requesting
same, as required by law.
Mayor Conley called up Ordinances for first reading and asked the Clerk to read
said ordinance by title:
ORDINANCE 39-2013 ORDINANCE OF THE BOROUGH OF MADISON
APPROPRIATING $40,000.00 FROM THE WATER CAPITAL IMPROVEMENT
FUND FOR RESURFACING A SECTION OF STATE HIGHWAY 124 (MAIN
STREET)
WHEREAS, the Borough Engineer has recommended that the Borough
appropriate $40,000.00 from the Water Capital Improvement Fund for roadway
resurfacing of a section of State Highway 124 (Main Street) damaged by a water
main break; and
WHEREAS, the Chief Financial Officer has attested to the availability of funds
in the Water Capital Improvement Fund in an amount not to exceed $40,000.00 for
this purpose; and
WHEREAS, the Borough Council has determined that the Borough should
appropriate $40,000.00 from the Water Capital Improvement Fund for roadway
resurfacing of a section of State Highway 124 (Main Street) damaged by a water
main break.
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 $40,000.00 is hereby appropriated
from the Water Capital Improvement Fund for roadway resurfacing of a section of
State Highway 124 (Main Street) damaged by a water main break.
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 39-2013, 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: Mr. Catalanello, Mr. Landrigan, Mrs. Vitale, Ms. Baillie, Mr. Wolkowitz
Nays: None
ORDINANCE 40-2013 ORDINANCE OF THE BOROUGH OF MADISON
AMENDING CHAPTER 195 OF THE BOROUGH CODE, LAND DEVELOPMENT
ORDINANCE, REGARDING APPLICATION NOTIFICATION REQUIREMENT
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Regular Meeting Minutes – September 9, 2013
WHEREAS, the Planning Board has recommended amending Chapter 195
of the Borough Code, the Madison Land Development Ordinance, in regard to the
requirement to notify property owners within 200 feet for any Planning Board
application; and
WHEREAS, the Borough Council has considered the proposed amendment
to the Madison Land Development Ordinance and wishes to amend the Code as
recommended.
NOW, THEREFORE, BE IT ORDAINED, by the Council of the Borough of
Madison, in the County of Morris and State of New Jersey that Chapter 195 of the
Borough Code entitled “Madison Land Development Ordinance” shall be amended
as follows:
SECTION 1: Section 195-10(C)(1)(B), entitled Notice of Applications:
REMOVE in its entirety:
(b) Minor subdivisions pursuant to § 35 of N.J.S.A. 40:55D-47; or
SECTION 2: This Ordinance shall take effect as provided by law.
Ms. Baillie moved that Ordinance 40-2013, which the Borough Clerk read by title, be
adopted. Mr. Landrigan seconded the motion. There was no Council discussion, and
the motion passed with the following roll call vote recorded:
Yeas: Mr. Catalanello, Mr. Landrigan, Mrs. Vitale, Ms. Baillie, Mr. Wolkowitz
Nays: None
ORDINANCE 41-2013 ORDINANCE OF THE BOROUGH OF MADISON
AMENDING CHAPTER 195 OF THE BOROUGH CODE, ENTITLED “LAND
DEVELOPMENT ORDINANCE” TO MAKE VARIOUS CHANGES TO IMPLEMENT
RECOMMENDATIONS IN THE ANNUAL REPORT ADOPTED BY THE ZONING
BOARD OF ADJUSTMENT
WHEREAS, the Zoning Board of Adjustment of the Borough of Madison adopted
an annual report that presented recommendations for various amendments to
Chapter 195 of the Borough Code, entitled “Land Development Ordinance”; and
WHEREAS, the recommended amendments as set forth in this Ordinance have
been reviewed and favorably recommended to the Borough Council by the Planning
Board of the Borough of Madison;
NOW, THEREFORE, be it resolved by the Council of the Borough of Madison, in
the County of Morris and the State of New Jersey, as follows:
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Regular Meeting Minutes – September 9, 2013
SECTION 1: The term “Building Coverage” in Section 195-7 is hereby
amended (with deletions shown in brackets and additions underlined) to read as
follows:
BUILDING COVERAGE - The horizontal plan projection of all
covered or roofed areas of a structure on a lot, whether permanent or
temporary, including cantilevered areas and similar projections, but
excluding roof eaves, roof overhangs, bay or bow windows, [and]
chimneys and similar projections extending [projecting] a
maximum of two feet from the structure, unenclosed front porches
(including wraparound porches extending along the side(s) of a
structure) and entry roofs, divided by the lot area, expressed as a
percentage. See Figure 2.
SECTION 2: Section 195-30.1(E) is hereby amended to add an additional
sentence at the end to read as follows:
The foregoing established front setbacks shall also apply to existing
buildings for the purpose of determining whether front setback
variance relief is required for proposed additions.
SECTION 3: Schedule A provided for by Section 195-29.3 is hereby
amended to modify note “n” to add an additional sentence at the end to read as
follows:
In accordance with Section 195-30.6, in the case of a lot on which an
existing structure is located, the minimum side setback may be
reduced by 6 inches for every foot by which the lot width is less than
the minimum, subject to a maximum reduction of 50% of the
requirement for the zone.
SECTION 4: The definition of the term “Application for Development” in
Section 195-7 is hereby amended (with deletions in brackets and additions
underlined) to read as follows:
APPLICATION FOR DEVELOPMENT - The application form and all
accompanying documents required by ordinance for approval of a
subdivision plan, site plan, planned development, conditional use,
zoning variance, appeal or interpretation request to the Board of
Adjustment or request for [direction of] the issuance of a permit
pursuant to this chapter.
SECTION 5: Section 195-30.1 is hereby amended to add a new Paragraph
H at the end to read as follows:
H. Side and rear yards in residential zones. In all residential zones
the area within 5 feet of all side and rear lot lines shall be free of
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Regular Meeting Minutes – September 9, 2013
all driveways, parking areas, walkways, decks, patios and other
paved surfaces.
SECTION 6: If any section, paragraph, subdivision, clause or provision of
this Ordinance shall be judged invalid, such adjudication shall only apply to the
section, paragraph, subdivision, clause or provision so adjudged, and the remainder
of this Ordinance shall be deemed valid and effective.
SECTION 7: All Ordinances or parts of Ordinances inconsistent herewith
are hereby repealed as to such inconsistency.
SECTION 8: This Ordinance shall take effect after final passage and
publication in accordance with law.
Ms. Baillie moved that Ordinance 41-2013, which the Borough Clerk read by title, be
adopted. Mr. Wolkowitz seconded the motion. There was no Council discussion,
and the motion passed with the following roll call vote recorded:
Yeas: Mr. Catalanello, Mr. Landrigan, Mrs. Vitale, Ms. Baillie, Mr. Wolkowitz
Nays: None
ORDINANCE 42-2013 ORDINANCE OF THE BOROUGH OF MADISON
AMENDING ORDINANCE 2-2013 TO APPROPRIATE AN ADDITIONAL
$60,000.00 FROM THE ELECTRIC CAPITAL IMPROVEMENT FUND FOR THE
PURCHASE OF A NEW DIGGER/DERRICK TRUCK AND RELATED EQUIPMENT
THEREBY INCREASING ORDINANCE 2-2013 TO $225,000.00
WHEREAS, Ordinance 2-2013 of the Borough of Madison appropriated
$165,000.00 from the Electric Capital Improvement Fund for the purchase of a new
digger/derrick truck and related equipment; and
WHEREAS, the Electric Utility Superintendent has recommended that the
Borough amend Ordinance 2-2013 to appropriate an additional $60,000.00 from the
Electric Capital Improvement Fund thereby increasing Ordinance 2-2013 to
$225,000.00 to provide for additional costs due to newer emissions standards and
equipment design specifications that have increased the estimated cost; and
WHEREAS, the Chief Financial Officer has attested to the availability of the
funds in the Electric Capital Improvement Fund in an amount not to exceed
$60,000.00 for this purpose; and
WHEREAS, the Borough Council has determined that the Borough should
amend Ordinance 2-2013 to appropriate an additional $60,000.00 from the Electric
Capital Improvement Fund thereby increasing Ordinance 2-2013 to $225,000.00 to
PAGE 14 OF 25
Regular Meeting Minutes – September 9, 2013
provide for the increased costs to purchase a new digger/derrick truck and related
equipment.
NOW, THEREFORE, BE IT ORDAINED by the Council of the Borough of
Madison, in the County of Morris and State of New Jersey, as follows:
SECTION 1: Ordinance 2-2013 is amended to appropriate $60,000.00 from
the Electric Capital Improvement Fund thereby increasing Ordinance 2-2013 to
$225,000.00 to provide for the increased costs.
SECTION 2: The budget of the Borough is hereby amended to conform
with the provisions of this Ordinance.
SECTION 3: This Ordinance shall take effect as provided by law.
Mrs. Vitale moved that Ordinance 42-2013, which the Borough Clerk read by title,
be adopted. Mr. Wolkowitz seconded the motion. There was no Council discussion,
and the motion passed with the following roll call vote recorded:
Yeas: Mr. Catalanello, Mr. Landrigan, Mrs. Vitale, Ms. Baillie, Mr. Wolkowitz
Nays: None
ORDINANCE 43-2013 ORDINANCE OF THE BOROUGH OF MADISON
APPROPRIATING $125,000.00 FROM THE ELECTRIC CAPITAL IMPROVEMENT
FUND FOR REPAIRS TO THE WATER & LIGHT BUILDING
WHEREAS, the Electric Utility Superintendent has recommended that the
Borough appropriate $125,000.00 from the Electric Capital Improvement Fund for
repairs to the exterior and interior of the Water & Light building; and
WHEREAS, the Chief Financial Officer has attested to the availability of funds
in the Electric Capital Improvement Fund in an amount not to exceed $125,000.00
for this purpose; and
WHEREAS, the Borough Council has determined that the Borough should
appropriate $125,000.00 from the Electric Capital Improvement Fund for repairs to
the Water & Light building.
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 $125,000.00 is hereby appropriated
from the Electric Capital Improvement Fund for repairs to the Water & Light building.
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 15 OF 25
Regular Meeting Minutes – September 9, 2013
Mrs. Vitale moved that Ordinance 43-2013, which the Borough Clerk read by title,
be adopted. Mr. Catalanello seconded the motion. There was no Council discussion,
and the motion passed with the following roll call vote recorded:
Yeas: Mr. Catalanello, Mr. Landrigan, Mrs. Vitale, Ms. Baillie, Mr. Wolkowitz
Nays: None
ORDINANCE 44-2013 ORDINANCE OF THE BOROUGH OF MADISON
APPROPRIATING $29,000.00 FROM THE GENERAL CAPITAL IMPROVEMENT
FUND FOR REPAIRS TO THE PUBLIC LIBRARY ROOF
WHEREAS, the Library Director has recommended that the Borough
appropriate $29,000.00 from the General Capital Improvement Fund for repairs to
the concrete roof fascias and skylights and related work at the Madison Public
Library; 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 $29,000.00
for this purpose; and
WHEREAS, the Borough Council has determined that the Borough should
appropriate $29,000.00 from the General Capital Improvement Fund for repairs to
the concrete roof fascias and skylights and related work at the Madison Public
Library.
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 $29,000.00 is hereby appropriated
from the General Capital Improvement Fund for repairs to the concrete roof fascias
and skylights and related work at the Madison Public Library.
SECTION 2: The budget of the Borough is hereby amended to
conform with the provisions of this Ordinance.
SECTION 3: This Ordinance shall take effect as provided by law.
Mrs. Vitale moved that Ordinance 44-2013, which the Borough Clerk read by title,
be adopted. Mr. Wolkowitz seconded the motion. There was no Council discussion,
and the motion passed with the following roll call vote recorded:
Yeas: 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
PAGE 16 OF 25
Regular Meeting Minutes – September 9, 2013
Resolution requiring discussion will be removed from the Consent Agenda; all
Resolutions will be reflected in full in the minutes.
Mrs. Vitale moved adoption of the Resolutions listed on the Consent Agenda.
Ms. Baillie seconded the motion. There was no Council discussion and the motion
passed with the following roll call vote recorded:
Yeas: Mr. Catalanello, Mr. Landrigan, Mrs. Vitale, Ms. Baillie, Mr. Wolkowitz
Nays: None
R 252-2013 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING
COLLECTIVE BARGAINING AGREEMENT WITH THE IBEW LU 1298
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 IBEW Local No. 1298, which has been ratified by
their members, for the period January 1, 2010 to December 31, 2013; and
WHEREAS, the Mayor and Council have 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 253-2013 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING
ADVERTISEMENT FOR OFFICE ASSISTANT I, PART-TIME
WHEREAS, the position of Office Assistant in the Borough Clerk’s Office is
vacant and there is a need for additional assistance in the Clerk’s Office and for
assistance to the Personnel Officer; and
WHEREAS, the Borough Clerk has recommended that the Borough
advertise for an Office Assistant I, Part-Time for the Borough Clerk’s Office; and
WHEREAS, funds for this purpose are contained in the 2013 Municipal
budget; and
PAGE 17 OF 25
Regular Meeting Minutes – September 9, 2013
WHEREAS, the 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 Personnel
Officer is authorized to advertise for an Office Assistant I, Part-Time for the Borough
Clerk’s Office.
R 254-2013 RESOLUTION OF THE BOROUGH OF MADISON APPROVING
THE HIRING OF MATTHEW BEHRE AS A PER DIEM DISPATCHER IN THE
MADISON POLICE DEPARTMENT
WHEREAS, Police Chief Darren Dachisen has recommended that Matthew
Behre be hired as an additional part-time, per diem dispatcher in the Police
Department, to be compensated at a rate of $22.50 per hour; and
WHEREAS, the Police Department requires additional part time personnel to
staff the communications center and reduce overtime costs associated with
emergency service communications; and
WHEREAS, per diem dispatchers do not receive any health or pension
benefits and are funded under the 2013 Police Department operating budget; and
WHEREAS, the Borough Council agrees with said recommendation.
NOW, THEREFORE, BE IT RESOLVED that the hiring of Matthew Behre as
a part-time, per diem dispatcher at the Madison Police Department, at a rate of
compensation of $22.50 per hour, is hereby approved.
R 255-2013 RESOLUTION OF THE MAYOR AND BOROUGH COUNCIL OF
THE BOROUGH OF MADISON IN THE COUNTY OF MORRIS AUTHORIZING
SETTLEMENT OF THE 2010, 2011 AND 2012 TAX APPEAL ENTITLED TOWNE
GARDENS LLC V. BOROUGH OF MADISON, DOCKET NOS.: 008803-2010,
007113-2011, AND 009086-2012 OF THE TAX ASSESSMENT OF BLOCK 1301,
LOT 15, KNOWN AS 17-33 MADISON AVENUE, IN THE BOROUGH OF
MADISON, MORRIS COUNTY, NEW JERSEY
WHEREAS, an appeal of the real property tax assessment for tax years
2010, 2011 and 2012 involving Block 1301, Lot 15, has been filed by the Taxpayer,
Towne Gardens, LLC; and
WHEREAS, the proposed Stipulation of Settlement, a copy of which is
incorporated herein as if set forth at length, has been reviewed and recommended
by the Borough Tax Assessor and Borough Tax Expert; and
WHEREAS, settlement of said matter as more fully set forth below is in the
best interest of the Borough of Madison.
PAGE 18 OF 25
Regular Meeting Minutes – September 9, 2013
NOW, THEREFORE, BE IT RESOLVED, by the Borough of Madison, New
Jersey, as follows:
1. Settlement of the 2010, 2011, and 2012 tax appeal is hereby authorized
as follows:
17-33 Madison Avenue
Block 1301, Lot 15
Year: 2010, 2011, 2012
Original Assessment County Board Judgment Settlement Amount
Land: $1,600,000 N/A
WITHDRAWN
Imprvts: $4,130,000 N/A
WITHDRAWN
Total: $5,730,000 N/A
WITHDRAWN
2. All municipal officials are hereby authorized to take whatever action may
be necessary to implement the terms of this Resolution and authorizes the
Borough Tax Appeal Attorney to enter into the Stipulation of Settlement as
provided by Taxpayer.
R 256-2013 RESOLUTION OF THE MADISON BOROUGH COUNCIL
AWARDING CONTRACT TO TILCON NEW YORK, INC. FOR THE SPORTS
FIELDS PARKING LOT PROJECT
WHEREAS, the Borough of Madison publicly advertised for bids for the
Sports Fields Parking Lot project in accordance with the Local Public Contracts Law,
N.J.S.A. 40A:11-1, et seq.; and
WHEREAS, the lowest qualified bid for the Base Bid was submitted by
Tilcon New York, Inc. of Wharton, New Jersey in the amount of $281,820.00; and
WHEREAS, the Borough Engineer has recommended that the Borough
Council award the contract for the Base Bid to Tilcon New York, Inc., in the amount
of $281,820.00; and
WHEREAS, the Chief Financial Officer has attested that funds are available
in an amount not to exceed $281,820.00 for this purpose in Ordinance 31-2013.
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. The contract for the Sports Fields Parking Lot, is hereby awarded to
Tilcon New York, Inc., based upon its bid in the amount of $281,820.00.
PAGE 19 OF 25
Regular Meeting Minutes – September 9, 2013
2. The Mayor and Borough Clerk are hereby authorized and directed on
behalf of the Borough to enter into the contract for said work.
R 257-2013 RESOLUTION OF THE BOROUGH OF MADISON RENEWING
LIQUOR LICENSE OF GENESIS RESTAURANT GROUP, INC. IN THE
BOROUGH OF MADISON FOR THE 2010-2011, 2011-2012, 2012-2013, 2013-
2014 LICENSE TERMS
WHEREAS, a settlement has been reached between the stock holders of
Genesis Restaurant Group, Inc., trading as Main Streets Café, 54 Main Street
Madison, NJ 07940 and authorization to renew the license has been received
from the New Jersey Division of Alcoholic Beverage Control; and
WHEREAS, the renewal applications have been filed, fees have been paid,
and tax clearance certificates have been received in the Clerk’s Office from Genesis
Restaurant Group for renewal of ABC Consumption License #1417-33-011-008
for the 2010-2011, 2011-2012, 2012-2013, 2013-2014 License Terms.
NOW THEREFORE BE IT RESOLVED by the Council of the Borough of
Madison, County of Morris, State of New Jersey, that the renewal applications for
Genesis Restaurant Group, Inc., trading as Main Streets Café, 54 Main Street
Madison, NJ 07940, for the 2010-2011, 2011-2012, 2012-2013, 2013-2014
license terms be, and hereby are approved.
R 258-2013 RESOLUTION OF THE BOROUGH OF MADISON APPROVING
PERSON-TO-PERSON TRANSFER OF PLENARY RETAIL CONSUMPTION
LICENSE #1417-33-011-008 FROM GENESIS RESTAURANT GROUP TO
TAVERN AT MAIN CORP.
WHEREAS, an application has been filed for a Person-to-Person Transfer of
Plenary Retail Consumption License Number 1417-33-011-008, heretofore issued to
Genesis Restaurant Group for premises located at 54 Main Street, Madison, New
Jersey;
WHEREAS, the submitted application form is complete in all respects, the
transfer fees have been paid, and the license has been properly renewed for the
current license term;
WHEREAS, the applicant is qualified to be licensed according to all
standards established by Title 33 of the New Jersey Statutes, regulations
promulgated thereunder, as well as pertinent local ordinances and conditions
consistent with Title 33.
NOW, THEREFORE BE IT RESOLVED that the Council of the Borough of
Madison, in the County of Morris and State of New Jersey, does hereby approve,
PAGE 20 OF 25
Regular Meeting Minutes – September 9, 2013
effective September 10, 2013, the transfer of the aforesaid Plenary Retail
Consumption License to Tavern at Main Corp. and does hereby direct the Borough
Clerk to endorse the license certificate to the new ownership as follows: "This
license, subject to all its terms and conditions, is hereby transferred to Tavern at
Main Corp., effective September 10, 2013.
R 259-2013 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING
USE OF THE HARTLEY DODGE MEMORIAL BY THE MADISON ARTS AND
CULTURAL ALLIANCE AND DOWNTOWN DEVELOPMENT COMMISSION ON
OCTOBER 18, 2013
WHEREAS, the Madison Arts and Cultural Alliance and Downtown
Development Commission have requested permission to hold an Art Banner Gala
on Friday, October 18, 2013, from 7:00 p.m. to 10:00 p.m., at the Hartley Dodge
Memorial; and
WHEREAS, the Assistant Borough Administrator recommends that Council
approve this request.
NOW, THEREFORE, BE IT RESOLVED, by the Council of the Borough of
Madison, in the County of Morris and State of New Jersey, that the Madison Arts
and Cultural Alliance and Downtown Development Commission is hereby given
permission to hold an Art Banner Gala at the Hartley Dodge Memorial, on Friday,
October 18, 2013, from 7:00 p.m. to 10:00 p.m., conditioned upon a Certificate of
Insurance naming the Borough of Madison as an additional insured in an amount
satisfactory to the Chief Financial Officer being provided to the Borough Clerk prior
to the event.
R 260-2013 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING
THE PRESBYTERIAN CHURCH OF MADISON TO HOST A PETTING ZOO ON
SATURDAY, OCTOBER 5, 2013, BOTTLE HILL DAY
WHEREAS, the Mayor and Council of the Borough of Madison have
authorized the Downtown Development Commission to hold an annual Bottle Hill
Day celebration for the past thirty-seven years; and
WHEREAS, the Presbyterian Church of Madison wishes to host a petting
zoo on the front lawn of the church property during Bottle Hill Day, October 5, 2013
from 11:00 a.m. to 4:00 p.m.; and
WHEREAS, the Madison Health Department has issued a temporary license
required for the hosting of a petting zoo; and
WHEREAS, the Borough Council agrees that a petting zoo is a wonderful
addition to the Bottle Hill Day activities.
PAGE 21 OF 25
Regular Meeting Minutes – September 9, 2013
NOW, THEREFORE, BE IT RESOLVED, by the Council of the Borough of
Madison, County of Morris, State of New Jersey, that the Presbyterian Church of
Madison is hereby authorized to host a petting zoo on October 5, 2013 from 11:00
a.m. to 4:00 p.m.
R 261-2013 RESOLUTION OF THE BOROUGH OF MADISON GRANTING “TIE
ONE ON” CAMPAIGN PERMISSION TO PUBLICIZE OCTOBER AS BREAST
CANCER AWARENESS MONTH
WHEREAS, Gretchen Coviello on behalf of “Tie One On” Team ID#
6002517 has requested permission to decorate Waverly Place in pink colors from
October 1, 2013, to October 31, 2013, in support of their “Tie One On” campaign to
fight breast cancer and raise awareness during “Breast Cancer Awareness Month;”
and
WHEREAS, the Borough Council has determined to grant 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 to decorate
Waverly Place in pink colors from October 1, 2013, to October 31, 2013, in support
of the “Tie One On” campaign to fight breast cancer and raise awareness during
“Breast Cancer Awareness Month” is hereby approved with the understanding that
the ribbons will be removed by organizers of the program no later than November 7,
2013.
R 262-2013 RESOLUTION OF THE BOROUGH OF MADISON APPROVING
RAFFLES LICENSE APPLICATION SUBMITTED BY THE HUDDLE, INC. D/B/A
THE HUDDLE CLUB
BE IT RESOLVED by the Council of the Borough of Madison, County of Morris,
State of New Jersey, that the following application for Raffles License, to be held as
listed below, be and the same is hereby approved:
The Huddle Inc. d/b/a The Huddle Club
I.D. No. 274-5-39130
R.A. No. 1288 – Off premise
December 14, 2013
R 263-2013 RESOLUTION OF THE BOROUGH OF MADISON APPROVING
RAFFLES LICENSE APPLICATIONS SUBMITTED BY PTSO MADISON HIGH
SCHOOL
BE IT RESOLVED by the Council of the Borough of Madison, County of Morris,
State of New Jersey, that the following applications for Raffles Licenses, to be held
as listed below, be and the same are hereby approved:
PAGE 22 OF 25
Regular Meeting Minutes – September 9, 2013
PTSO MADISON HIGH SCHOOL
I.D. No. 274-5-33795
R.A. No. 1285– On Premise
September 21, 2013
September 28, 2013
October 11, 2013
October 26, 2013
PTSO MADISON HIGH SCHOOL
I.D. No. 274-5-33795
R.A. No. 1286 – Off Premise
October 24, 2013
PTSO MADISON HIGH SCHOOL
I.D. No. 274-5-33795
R.A. No. 1287 – On Premise
October 24, 2013
R 264-2013 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING
SUBMISSION OF A GRANT APPLICATION TO THE NEW JERSEY
DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR FUNDING FROM THE
HAZARDOUS DISCHARGE SITE REMEDIATION FUND FOR REMEDIAL
ACTIONS AT THE BAYLEY ELLARD FIELD
WHEREAS, the Borough owns property known as Bayley Ellard Field, Block
201, Lot 1.02, located at 211 Madison Avenue and Danforth Road (the “Property”),
having purchased the Property in 2009 for recreational use; and
WHEREAS, the Borough has determined, subsequent to purchase of the
Property, that there has been a discharge of hazardous substances on the Property;
and
WHEREAS, the Borough applied for a grant from the New Jersey
Department of Environmental Protection (hereafter NJDEP) on June 25, 2013 for
funding from the Hazardous Discharge Site Remediation Fund for the Preliminary
Assessment and Remedial Investigation previously conducted at the property to
determine the extent or the existence of any hazardous substance; and
WHEREAS, the Borough plans to redevelop the Property so that it can be
used for recreational purposes for which it was purchased and finds that a realistic
opportunity exists for the redevelopment of the Bayley Ellard Field within a three
year period upon completion of remediation; and
WHEREAS, the Borough will implement remedial actions so that the
property can be redeveloped.
PAGE 23 OF 25
Regular Meeting Minutes – September 9, 2013
NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the
Borough of Madison, County of Morris, State of New Jersey, that the Borough is
committed to the redevelopment of Bayley Ellard Field for the purpose of municipal
recreational use and authorizes an application to the Hazardous Discharge Site
Remediation Fund for the remediation of a discharge.
R 265-2013 RESOLUTION OF THE BOROUGH OF MADISON APPROVING
RAFFLES LICENSE APPLICATION SUBMITTED BY T J MARTELL FOUNDATION
FOR LEUKEMIA, CANCER & AIDS RESEARCH INC. TO BE HELD AT POOR
HERBIE’S RESTAURANT
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, which raffles
drawing is to be held at Poor Herbie’s Restaurant, be and the same is hereby
approved:
T J MARTELL FOUNDATION FOR LEUKEMIA, CANCER & AIDS
RESEARCH
I.D. No. 732-5-38238
R.A. No. 1289 – Off Premise
December 12, 2013
R 266-2013 RESOLUTION OF THE BOROUGH OF MADISON APPROVING
RAFFLES LICENSE APPLICATIONS SUBMITTED BY THE THURSDAY
MORNING CLUB AND PTO MADISON JR. SCHOOL
BE IT RESOLVED by the Council of the Borough of Madison, County of Morris,
State of New Jersey, that the following applications for Raffles Licenses, to be held
as listed below, be and the same are hereby approved:
THURSDAY MORNING CLUB
I.D. No. 274-8-12803
R.A. No. 1290 – On Premise
November 15, 16, 2013
R.A. No. 1291 – On Premise
November 15, 16, 2013
PTO MADISON JR. SCHOOL
I.D. No. 274-5-26391
R.A. No. 1292
December 18, 2013 – off-premise
UNFINISHED BUSINESS - None
APPROVAL OF VOUCHERS
On motion by Mrs. Vitale seconded by Ms. Baillie and carried, the following
vouchers of the Borough of Madison were approved for payment, and the
PAGE 24 OF 25
Regular Meeting Minutes – September 9, 2013
supporting documentation of said vouchers was made part of the Supplemental
Minute Book.
Public Safety $42,463.89
Health & Public Assistance 2,778.20
Public Works & Engineering 227,486.23
Community Affairs 7,707.07
Finance & Borough Clerk 3,371,331.06
Utilities 2,025,984.93
Total $5,677,751.38
The following roll call vote was recorded approving the aforementioned vouchers:
Yeas: Mr. Catalanello, Mr. Landrigan, Mrs. Vitale, Ms. Baillie, Mr. Wolkowitz
Nays: None
NEW BUSINESS - None
ADJOURN
There being no further business to come before the Council, the meeting was
adjourned at 9:45 p.m.
Respectfully submitted,
Elizabeth Osborne
Borough Clerk
Approved September 23, 2013 (EO)
PAGE 25 OF 25
Agenda
MAYOR AND COUNCIL
REGULAR MEETING AGENDA
SEPTEMBER 9, 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 p.m.
6. RECONVENE WITH (ALL) MEMBERS PRESENT ON SEPTEMBER 9, 2013
7. PLEDGE OF ALLEGIANCE
8. GREETING TO PUBLIC
Promotion Ceremony - Sergeants James Cavezza and Joseph Longo
Senator Richard J. Codey, Assemblyman John F. McKeon and
Assemblywoman Mila M. Jasey - Green Acres Check Presentation
Rotary of Madison Check Presentation for the Union Beach Summer Camp Initiative
Proclamation Promoting Constitution Week
9. MINUTES FOR APPROVAL
10. REPORTS FROM COMMITTEES
Health Carmela Vitale/Vacancy
Utilities Vacancy/Carmela Vitale
Public Works and Engineering Robert Catalanello/ Astri Baillie
Community Affairs Robert Landrigan/Robert Catalanello
Public Safety Astri J. Baillie/Benjamin Wolkowitz
Finance and Borough Clerk Benjamin Wolkowitz/Robert Landrigan
11. COMMUNICATIONS AND PETITIONS
12. INVITATION FOR DISCUSSION (1 of 2)
13. AGENDA DISCUSSIONS
09/09/2013-1 COUNCIL VACANCY PROCESS
09/09/2013-2 OPEN SPACE TRUST FUND QUARTERLY REPORT
09/09/2013-3 ORDINANCE OF THE BOROUGH OF MADISON REVISING CHAPTER 217
(NOISE) OF THE CODE OF THE BOROUGH OF MADISON BOARD OF HEALTH
09/09/2013-4 AN ORDINANCE AMENDING CHAPTER 195-10(c)(1)(b) OF THE CODE OF
THE BOROUGH OF MADISON TO REQUIRE NOTIFICATION TO PROPERTY OWNERS
WITHIN 200FT FOR ANY PLANNING BOARD APPLICATION
Ord. 40-2013 listed for Introduction
LAST PRINTED 9/9/2013 8:09:00 AM1
MAYOR AND COUNCIL MEETING AGENDA – SEPTEMBER 9, 2013
09/09/2013-5 AN ORDINANCE AMENDING CHAPTER 195 TO PROVIDE VARIOUS
ZONING BOARD OF ADJUSTMENT CHANGES
Ord. 41-2013 listed for Introduction
09/09/2013-6 AN ORDINANCE TO AMEND ORDINANCE 2-3013, APPROPRIATION OF
$165,000.00 FOR PURCHASE OF A NEW DIGGER/DERRICK TRUCK FOR THE ELECTRIC
DEPARTMENT TO INCREASE THE AMOUNT OF THE APPROPRIATION $60,000.00
Ordinance 42-2013 listed for Introduction
09/09/2013-7 APPROPRIATION OF $125,000.00 FROM THE ELECTRIC CAPITAL
IMPROVEMENT FUND FOR REPAIRS TO THE WATER & LIGHT BUILDING
Ordinance 43-2013 listed for Introduction
09/09/2013-8 ALCOHOLIC BEVERAGE LICENSE TRANSFER – TAVERN AT MAIN
CORP.
Resolution R 257-2013 and R 258-2013 are listed on the Consent Agenda
09/09/2013-9 APPROPRIATION OF $29,000.00 FROM THE GENERAL CAPITAL
IMPROVEMENT FUND FOR REPAIRS TO THE ROOF FASCIAS AND SKYLIGHTS AT THE
MADISON PUBLIC LIBRARY
Ordinance 44-2013 listed for Introduction
09/09/2013-10 APPROPRIATION OF $40,000.00 FROM THE WATER CAPITAL
IMPROVEMENT FUND FOR RESURFACING OF A SECTION OF STATE HIGHWAY 124
Ordinance 39-2013 listed for Introduction
14. ORDINANCES FOR HEARING
ORDINANCE 36-2013
ORDINANCE OF THE BOROUGH OF AMENDING CHAPTER 190 OF THE MADISON
BOROUGH CODE ENTITLED “WATER” TO UPDATE THE WATER CONNECTION FEE
SCHEDULE
ORDINANCE 37-2013
ORDINANCE OF THE BOROUGH OF AMENDING CHAPTER 155 OF THE MADISON
BOROUGH CODE ENTITLED “SEWER” TO UPDATE THE SEWER CONNECTION FEE
SCHEDULE
ORDINANCE 38-2013
ORDINANCE OF THE BOROUGH OF MADISON APPROPRIATING $25,000.00 FROM THE
GENERAL CAPITAL IMPROVEMENT FUND FOR IMPROVEMENTS TO THE POLICE
DEPARTMENT IMPOUND GARAGE
15. INVITATION FOR DISCUSSION (2 of 2)
16. INTRODUCTION OF ORDINANCES
ORDINANCE 39-2013 ORDINANCE OF THE BOROUGH OF MADISON APPROPRIATING
$40,000.00 FROM THE WATER CAPITAL IMPROVEMENT FUND FOR RESURFACING A
SECTION OF STATE HIGHWAY 124 (MAIN STREET)
ORDINANCE 40-2013 ORDINANCE OF THE BOROUGH OF MADISON AMENDING
CHAPTER 195 OF THE BOROUGH CODE, LAND DEVELOPMENT ORDINANCE,
REGARDING APPLICATION NOTIFICATION REQUIREMENT
LAST PRINTED 9/9/2013 8:09:00 AM Page 2
MAYOR AND COUNCIL MEETING AGENDA – SEPTEMBER 9, 2013
ORDINANCE 41-2013 ORDINANCE OF THE BOROUGH OF MADISON AMENDING
CHAPTER 195 OF THE BOROUGH CODE, ENTITLED “LAND DEVELOPMENT ORDINANCE”
TO MAKE VARIOUS CHANGES TO IMPLEMENT RECOMMENDATIONS IN THE ANNUAL
REPORT ADOPTED BY THE ZONING BOARD OF ADJUSTMENT
ORDINANCE 42-2013 ORDINANCE OF THE BOROUGH OF MADISON AMENDING
ORDINANCE 2-2013 TO APPROPRIATE AN ADDITIONAL $60,000.00 FROM THE ELECTRIC
CAPITAL IMPROVEMENT FUND FOR THE PURCHASE OF A NEW DIGGER/DERRICK
TRUCK AND RELATED EQUIPMENT THEREBY INCREASING ORDINANCE 2-2013 TO
$225,000.00
ORDINANCE 43-2013 ORDINANCE OF THE BOROUGH OF MADISON APPROPRIATING
$125,000.00 FROM THE ELECTRIC CAPITAL IMPROVEMENT FUND FOR REPAIRS TO THE
WATER & LIGHT BUILDING
ORDINANCE 44-2013 ORDINANCE OF THE BOROUGH OF MADISON APPROPRIATING
$29,000.00 FROM THE GENERAL CAPITAL IMPROVEMENT FUND FOR REPAIRS TO THE
PUBLIC LIBRARY ROOF
17. CONSENT AGENDA RESOLUTIONS
R 252-2013 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING
COLLECTIVE BARGAINING AGREEMENT WITH THE IBEW LU 1298
R 253-2013 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING
ADVERTISEMENT FOR OFFICE ASSISTANT I, PART-TIME
R 254-2013 RESOLUTION OF THE BOROUGH OF MADISON APPROVING THE HIRING
OF MATTHEW BEHRE AS A PER DIEM DISPATCHER IN THE MADISON POLICE
DEPARTMENT
R 255-2013 RESOLUTION OF THE MAYOR AND BOROUGH COUNCIL OF THE
BOROUGH OF MADISON IN THE COUNTY OF MORRIS AUTHORIZING SETTLEMENT OF
THE 2010, 2011 AND 2012 TAX APPEAL ENTITLED TOWNE GARDENS LLC V. BOROUGH
OF MADISON, DOCKET NOS.: 008803-2010, 007113-2011, AND 009086-2012 OF THE TAX
ASSESSMENT OF BLOCK 1301, LOT 15, KNOWN AS 17-33 MADISON AVENUE, IN THE
BOROUGH OF MADISON, MORRIS COUNTY, NEW JERSEY
R 256-2013 RESOLUTION OF THE MADISON BOROUGH COUNCIL AWARDING
CONTRACT TO TILCON NEW YORK, INC. FOR THE SPORTS FIELDS PARKING LOT
PROJECT
R 257-2013 RESOLUTION OF THE BOROUGH OF MADISON RENEWING LIQUOR
LICENSE OF GENESIS RESTAURANT GROUP, INC. IN THE BOROUGH OF MADISON FOR
THE 2010-2011, 2011-2012, 2012-2013, 2013-2014 LICENSE TERMS
R 258-2013 RESOLUTION OF THE BOROUGH OF MADISON APPROVING PERSON-TO-
PERSON TRANSFER OF PLENARY RETAIL CONSUMPTION LICENSE #1417-33-011-008
FROM GENESIS RESTAURANT GROUP TO TAVERN AT MAIN CORP.
R 259-2013 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING USE OF
THE HARTLEY DODGE MEMORIAL BY THE MADISON ARTS AND CULTURAL ALLIANCE
AND DOWNTOWN DEVELOPMENT COMMISSION ON OCTOBER 18, 2013
LAST PRINTED 9/9/2013 8:09:00 AM Page 3
MAYOR AND COUNCIL MEETING AGENDA – SEPTEMBER 9, 2013
R 260-2013 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING THE
PRESBYTERIAN CHURCH OF MADISON TO HOST A PETTING ZOO ON SATURDAY,
OCTOBER 5, 2013, BOTTLE HILL DAY
R 261-2013 RESOLUTION OF THE BOROUGH OF MADISON GRANTING “TIE ONE ON”
CAMPAIGN PERMISSION TO PUBLICIZE OCTOBER AS BREAST CANCER AWARENESS
MONTH
R 262-2013 RESOLUTION OF THE BOROUGH OF MADISON APPROVING RAFFLES
LICENSE APPLICATION SUBMITTED BY THE HUDDLE, INC. D/B/A THE HUDDLE CLUB
R 263-2013 RESOLUTION OF THE BOROUGH OF MADISON APPROVING RAFFLES
LICENSE APPLICATIONS SUBMITTED BY PTSO MADISON HIGH SCHOOL
R 264-2013 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING
SUBMISSION OF A GRANT APPLICATION TO THE NEW JERSEY DEPARTMENT OF
ENVIRONMENTAL PROTECTION FOR FUNDING FROM THE HAZARDOUS DISCHARGE
SITE REMEDIATION FUND FOR REMEDIAL ACTIONS AT THE BAYLEY ELLARD FIELD
R 265-2013 RESOLUTION OF THE BOROUGH OF MADISON APPROVING RAFFLES
LICENSE APPLICATION SUBMITTED BY T J MARTELL FOUNDATION FOR LEUKEMIA,
CANCER & AIDS RESEARCH INC. TO BE HELD AT POOR HERBIE’S RESTAURANT
R 266-2013 RESOLUTION OF THE BOROUGH OF MADISON APPROVING RAFFLES
LICENSE APPLICATIONS SUBMITTED BY THE THURSDAY MORNING CLUB AND PTO
MADISON JR. SCHOOL
18. Unfinished Business
19. Approval of Vouchers
20. New Business
21. Adjournment
LAST PRINTED 9/9/2013 8:09:00 AM Page 4
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