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Mayor & Council

Regular Meeting

Madison, NJ · December 9, 2013

AgendaMinutes

Minutes

MINUTES OF A REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF MADISON December 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 December, 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: Robert G. Catalanello Robert Landrigan Carmela Vitale Astri J. Baillie Benjamin Wolkowitz Edward T. Rebholz 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) November 13, 2013 November 25, 2013 Date of public disclosure 60 days after conclusion, if disclosure required. CONTRACT MATTERS (6) 39 GREEN VILLAGE ROAD TOWNSHIP OF SPRINGFIELD HEALTH SERVICES Regular Meeting Minutes – December 9, 2013 MADISON CHATHAM JOINT MEETING JOHN GARCIA CONSTRUCTION CO. NON RESIDENTIAL DEVELOPMENT FEES SENIOR CITIZEN BUS Date of public disclosure 60 days after conclusion, if disclosure required. PERSONNEL MATTERS (2) IBEW LABOR NEGOTIATIONS UPDATE DEPUTY COURT ADMINISTRATOR Date of public disclosure 90 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. APPROVAL OF MINUTES Ms. Baillie moved approval of the Executive Minutes of November 13, 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, Mr. Rebholz Nays: None Ms. Baillie moved approval of the Regular Meeting Minutes of November 13, 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, Mr. Rebholz Nays: None Ms. Baillie moved approval of the Executive Minutes of November 25, 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, Mr. Rebholz Nays: None Ms. Baillie moved approval of the Regular Meeting Minutes of November 25, 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, Mr. Rebholz Nays: None GREETINGS TO PUBLIC Mayor Conley made the following comments: Mayor Conley acknowledged the passing of former South African President Nelson Mandela and noted that Borough flags will fly at half staff. PAGE 2 OF 25 Regular Meeting Minutes – December 9, 2013 Mayor Conley announced that the annual Reorganization meeting will be held on January 1, 2014 at 1:00 p.m. in the Council Chamber of the Hartley Dodge Memorial. Mayor Conley presented a pewter box inscribed with the image of the Hartley Dodge Memorial, in honor of outgoing Council Member Edward Rebholz. Mr. Rebholz thanked the Mayor and Council as well as the residents of Madison for the opportunity to serve as Councilmember. EMPLOYEES OF THE MONTH FOR DECEMBER: Luis Moniz of the Department of Public Works for his work going above and beyond in assisting the Borough Clerk’s Office in setting up for Council meetings and special events and his assistance on busy Election nights. Michael Marano of the Department of Public Works for his work maintaining the Hartley Dodge Memorial building and grounds as well as his dependable assistance in completing all tasks. Mayor Conley presented certificates of achievement to members of the following sports teams. CERTIFICATES OF ACHIEVEMENT PRESENTED TO: Madison High School Boys Varsity Cross-Country Team for achievement in winning the NJAC Liberty Division Championship. Madison High School Girls Volleyball Team for achievement in winning the NJSIAA Group II Section B Championship and the NJAC Independence Division Championship. Mayor Conley noted that during this season, Coach Steve Fenton achieved his 400th game win. REPORTS OF COMMITTEES Health Mrs. Vitale of the Committee made the following comments: National Influenza Vaccination Week is December 8th through the 14th. Please call the Health Department for an appointment and remember that children entering pre- school need to be vaccinated as well. On December 4th, 30 residents participated in an adult health screening clinic and 165 animals were vaccinated at a recent rabies clinic. Residents are reminded to renew animal licenses before December 31st to avoid late fees. Tonight the Health Department is conducting a men’s cancer screening clinic. Public Works and Engineering Mr. Catalanello, Chair of the Committee, made the following comments: Leaf pick up continues by the Public Works staff. Leaf bags are still available. Mr. Catalanello provided a summary of construction project completed in 2013 including the Green Avenue roadway reconstruction project, the water main replacement along Ridgedale Avenue, boiler replacement at the Hartley Dodge Memorial and the Sports Field Parking lot at the Bayley Ellard field. Earlier this year Samson and Rosedale Avenues were reconstructed as well. Mr. Catalanello noted that the PAGE 3 OF 25 Regular Meeting Minutes – December 9, 2013 Rosedale reconstruction project received a New Jersey Society of Engineers award, the second for a construction project in the Borough of Madison. The synthetic turf field project, at the MRC, won an award the previous year. All projects were designed in-house. Mr. Catalanello thanked the engineering staff for their efforts. Community Affairs Mr. Landrigan, Chair of the Committee, made the following comments: The Madison Seniors collected and delivered clothing to residents of Union Beach. The Senior Center will hold ‘Fear of Falling’ classes, on fall prevention and exercises, beginning in January. Please contact the Senior Center for more information. Mr. Landrigan reminded residents to ‘Shop Madison’. Public Safety Ms. Baillie, Chair of the Committee, made the following comments: The Madison Fire Department was honored with a dinner hosted by the owner of 39 Green Village Road to offer his appreciation of the efforts of the department during the recent structural fire. The Police Department responded to 2424 calls for service in November, as well as responding to and investigating, 49 motor vehicle incidents, conducted 207 motor vehicle stops and 201 summonses written, with 21 arrests made. Police officers also attended several training classes. Finance and Borough Clerk Mr. Wolkowitz, Chair of the Committee, made the following comments: Mr. Wolkowitz noted several items for consideration on tonight’s agenda including the dedication of FEMA reimbursement funds to the capital improvement fund, an emergency appropriation for the purchase of power for the electric utility and a resolution authorizing a two year contract for Health Services with the Township of Springfield. Mr. Wolkowitz also noted a very productive visit with the Boroughs of Sussex and Butler regarding their electric utilities. Utilities Mr. Rebholz, Chair of the Committee, made the following comments: The Electric Utility removed the transformer bank, cables and poles to facilitate in the demolition of the structure at 39 Green Village Road, and they continue to install new poles and secondary and primary voltage cables on Oxford Land and Canterbury Road. 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. AGENDA DISCUSSIONS 12/09/2013-1 DOWNTOWN DEVELOPMENT COMMISSION PRESENTATION Eric Range, Chairman of the Downtown Development Commission presented the accomplishments of the Commission for the previous year noting many functions of the Public Improvement Committee, Sign and Façade committee, the University PAGE 4 OF 25 Regular Meeting Minutes – December 9, 2013 Relation and the Parks & Redevelopment and several events including Bottle Hill Day, May Day, the Farmers’ Market and Taste of Madison. Mr. Range noted that looking ahead to 2014 the DDC is working on several project including WI-FI for Chamber of Commerce members and Borough Hall, and gateway signs for the Madison Train Station. Mayor Conley thanked the DDC members for their hard work. 12/09/2013-2 DEDICATION OF FEMA REIMBURSEMENT FUNDS Mr. Landrigan noted reimbursement fund from the Federal Emergency Management Agency (FEMA) recently received and noted that additional funds have been requested. Mr. Wolkowitz suggested that funds received from FEMA be used to support capital projects. Following discussion there was consensus to list a resolution on the Consent Agenda. Resolution R 338-2013 is listed on the Consent Agenda 12/09/2013-3 REQUEST FROM OPEN SPACE TRUST FUND FOR DEER FENCING AT THE MADISON RECREATION CENTER Ms. Baillie provided information regarding a request from the MRC Advisory Committee to fund deer fencing for the passive recreation area at the MRC to encourage native species to return to the area and eliminate invasive species. The Opens Space Committee passed a resolution at their November 13th meeting supporting the request and following discussion there was no objection to listing a resolution for consideration. Resolution R 339-2013 is listed on the Consent Agenda 12/09/2013-4 CORRECTIVE ACTION PLAN Mr. Kalafut addressed the following year end finance items, # 4 through #9 and item # 11, recommending that the Council approve the resolutions listed. There was no objection to Mr. Kalafut’s recommendation. Resolution R 332-2013 is listed on the Consent Agenda 12/10/2012-5 CANCELLATION OF COMPLETED CAPITAL IMPROVEMENT ORDINANCES Resolution R 333-2013 is listed on the Consent Agenda 12/10/2012-6 CANCELLATIONS OF ALL OUTSTANDING CHECKS AND BANK ERRORS Resolution R 334-2013 is listed on the Consent Agenda 12/10/2012-7 CANCELLATION OF OLD TRUST FUND RESERVE BALANCES Resolution R 335-2013 is listed on the Consent Agenda 12/10/2011-8 2013 BUDGET TRANSFERS Resolution R 336-2013 is listed on Consent Agenda 12/10/2011-9 EMERGENCY APPROPRIATION IN THE ELECTRIC UTILITY Resolution R 337-2013 is listed on Consent Agenda 12/10/2012-11 CANCELLATION OF GENERAL CAPITAL GRANT RECEIVABLES Resolution R 344-2013 is listed on the Consent Agenda PAGE 5 OF 25 Regular Meeting Minutes – December 9, 2013 12/09/2013-10 BOROUGH COUNCIL BY-LAWS REVIEW Mayor Conley asked that members of Council interested in serving on a committee to review the current by-laws, including changes to the invitation for the public to address Council and code of conduct, reach out to the Mayor for appointment at the January 1st Council meeting. The committee will review and recommend adoption of new by-laws in February. ADVERTISED HEARINGS The Clerk made the following statement: Ordinances scheduled for hearing tonight were submitted in writing at a Regular meeting of the Mayor and Council held on November 13, 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 47-2013 ORDINANCE OF THE BOROUGH OF MADISON ESTABLISHING A STANDING ADVISORY AUDIT COMMITTEE WHEREAS, the Mayor and Council wish to establish an advisory audit committee to provide oversight and advice to the Borough Council, Chief Financial Officer, Borough Administrator and Assistant Borough Administrator regarding the auditing of financial records and recordkeeping procedures; and WHEREAS, the Council has determined that it is in the best interest of the Borough of Madison to establish such a committee. NOW, THEREFORE, BE IT ORDAINED by the Council of the Borough of Madison, in the County of Morris and the State of New Jersey as follows: SECTION 1: The Madison Borough Code is amended to include the following Chapter 9-9 entitled “Advisory Audit Committee”: Chapter 9-9: Advisory Audit Committee. §9-9-A. Establishment. The Advisory Audit Committee is hereby established to be known as “the Advisory Audit Committee of the Borough of Madison” (hereafter referred to as “the Committee”). The Committee shall consist of no more than five members, excluding the ex-officio members. §9-9-B. Purpose and Responsibilities. (1) To make recommendations to the Mayor and Council regarding records and record keeping procedures (2) The Committee will review the financial reporting and disclosure process. PAGE 6 OF 25 Regular Meeting Minutes – December 9, 2013 (3) The Committee will monitor accounting policies and principles. (4) The Committee will recommend the hiring of an auditor with the consent of the Mayor and Council. (5) The Committee will evaluate the performance and independence of external auditors. (6) The Committee will discuss risk management policies and practices with the CFO, Borough Administrator, and the Assistant Borough Administrator. (7) The Committee will review the auditor’s findings and recommendations and ensure that timely action is taken to remediate any material issues mentioned. (8) The Committee will hold a minimum of three (3) public meetings annually which shall be open to the public and shall take place at the Madison Municipal Building unless otherwise noted. §9-9-C Membership All members of the Committee shall be residents of the Borough of Madison. All members shall serve without compensation. The Committee shall be comprised of the following persons, up to a maximum of five members appointed by the Mayor with the advice and consent of Council: (1) One (1) finance Chairperson or Co-Chairperson member of the Council, (2) Up to four (4) Madison residents who have accounting and/or auditing expertise and experience. In addition to direct practitioners, individuals who have been involved in an audit, or are familiar with audits are also eligible for appointment. (3) The CFO, Borough Administrator and Assistant Borough Administrator shall be ex-officio members of the committee. §9-9-D. Terms of Office. (1) The Council Finance Chairperson or Co-Chairperson shall serve annually. (2) The resident members shall serve for a term of three years (staggered terms). The terms of office shall commence upon the day of each members appointment, unless otherwise specified at the time of appointment, and be for the initial respective periods of one, two, PAGE 7 OF 25 Regular Meeting Minutes – December 9, 2013 and three years. The term of each appointee shall be designated in his or her appointment. All subsequent appointments, except to fill vacancies, shall be for the full three-year term, to take effect on January 1 next succeeding such appointment. (3) The Mayor shall designate the Council Finance Chairperson or Co- chairperson, on a rotation basis, as Committee Chairperson, and the Committee shall select a Secretary to record minutes. The Committee shall establish its meeting schedule, which shall be duly published. The committee will meet at least three times a year. A first meeting each year should have as an agenda item a discussion concerning the identification and appointment of an audit firm, which will have to be approved by a majority of the Council. A second meeting should take place with the auditors when they are on-site, but prior to completing their audit. Ideally this second meeting will occur shortly after, if not prior to, the start of the audit. The third meeting will again include the auditors to review their findings. The Committee is responsible for an annual report to the Council concerning the audit and any recommendations with regard to financial reporting, recordkeeping and risk management. Such report shall be written, oral or both depending on the preferences of the Council. §9-9-E. Vacancies Any vacancy occurring by reason of the death, resignation or removal of any member shall be filled for the unexpired term by the Mayor with advice and consent of the Council. §9-9-F. Indemnification Members of the Standing Advisory Audit Committee shall be indemnified pursuant to Chapter 14 (Defense and Indemnification of Municipal Officials and Employees) of the Madison Borough Code. SECTION 2: This ordinance shall take effect as provided by law. Mayor Conley opened up the public hearing on Ordinance 47-2013. Since no member of the public wished to be heard, the public hearing was closed. PAGE 8 OF 25 Regular Meeting Minutes – December 9, 2013 Mr. Wolkowitz moved that Ordinance 47-2013, which was read by title, be finally adopted. Mr. Landrigan seconded the motion. There was no further Council discussion, and the motion passed with the following roll call vote recorded: Yeas: Mr. Catalanello, Mr. Landrigan, Mrs. Vitale, Ms. Baillie, Mr. Wolkowitz, Mr. Rebholz Nays: None Mayor Conley declared Ordinance 47-2013 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 48-2013 ORDINANCE OF THE BOROUGH OF MADISON AMENDING CHAPTER 12 OF THE BOROUGH CODE ENTITLED “COURT” WHEREAS, the Borough of Chatham, Township of Chatham, Borough of Madison and Township of Harding wish to renew and expand the Agreement for the Creation and Operation of a Joint Municipal Court pursuant to the Uniform Shared Services and Consolidation Act (the “Agreement”); and WHEREAS, the Morris County Assignment Judge has approved the continuation and expansion of the Joint Municipal Court to include Morris Township in addition to the municipalities referenced above. NOW, THEREFORE, BE IT ORDAINED by the Council of the Borough of Madison, in the County of Morris and the State of New Jersey as follows: SECTION 1: The Madison Borough Code is amended to include the following Chapter 12 entitled “Joint Municipal Court”: Chapter 12: Joint Municipal Court §12-1. Establishment. Pursuant to the provisions of N.J.S.A. 2B:12-1 et seq., a single Joint Municipal Court is hereby established for the Borough of Chatham, Township of Chatham, Borough of Madison, Township of Harding and Township of Morris. The jurisdiction of the Joint Municipal Court shall be coextensive with the territories of the Borough of Chatham, Township of Chatham, Borough of Madison, Township of Harding and Township of Morris. §12-2 Joint Court Committee. A Joint Court Committee shall be formed consisting of two (2) representatives appointed by the respective governing bodies of the Borough of Chatham, Township of Chatham, Borough of Madison, Township PAGE 9 OF 25 Regular Meeting Minutes – December 9, 2013 of Harding and Township of Morris. The Joint Court Committee shall operate as set forth in the Agreement for the Creation and Operation of a Joint Municipal Court pursuant to the Uniform Shared Services and Consolidation Act dated October 29, 2013, as may be amended from time to time. §12-3 Agreement The Agreement for the Creation and Operation of a Joint Municipal Court pursuant to the Uniform Shared Services and Consolidation Act, dated October 29, 2013 (as it may be amended from time to time) is hereby ratified and approved. Said Agreement is on file in the office of the Municipal Clerk, Hartley Dodge Memorial, 50 Kings Road, Madison, New Jersey and is available for inspection during normal business hours. §12-4 Effective Date The expanded Joint Municipal Court shall be effective and commence on January 1, 2014 and shall remain in effect until December 31, 2017, unless subsequently extended, renewed or terminated by one or more of the participating municipalities pursuant to the Agreement for the Creation and Operation of a Joint Municipal Court pursuant to the Uniform Shared Services and Consolidation Act dated October 29, 2013 (as it may be amended from time to time). §12-5 Withdrawal of Joint Municipal Court Members A municipality may withdraw from participation in the Joint Municipal Court by delivering written notice to the Joint Municipal Court and all participating municipalities of its intention to withdraw in accordance with the agreement authorized by this Chapter. §12-6 Additional Joint Municipal Court Members Additional municipalities may join the Joint Municipal Court. Any amendment to include an additional municipality shall require approval by all participating municipalities as required by law and the agreement authorized by this Chapter. §12-7 Joint Court Staff Joint Court personnel and independent contractors shall be appointed pursuant to the appropriate statutory authority, rules of the Court and/or the Joint Court Operations Agreement as applicable. PAGE 10 OF 25 Regular Meeting Minutes – December 9, 2013 SECTION 2: In the event of any inconsistencies between the provision of this Ordinance and any prior ordinance of the Borough of Madison, the provisions hereof shall be determined to govern. All other parts, portions and provisions of the Borough Code of the Borough of Madison are hereby ratified and confirmed, except where inconsistent with the terms hereof. SECTION 3: If any article, section, subsection , sentence, clause or phrase of this Ordinance is, for any reason, held to be unconstitutional or invalid, such decision shall not affect the remaining portions of this ordinance and they shall remain in full force and effect. SECTION 4: This ordinance shall take effect immediately upon passage and publication in accordance with law. Mayor Conley opened up the public hearing on Ordinance 48-2013. Since no member of the public wished to be heard, the public hearing was closed. Ms. Baillie moved that Ordinance 48-2013, which was read by title, be finally adopted. Mr. Wolkowitz seconded the motion. There was no further Council discussion, and the motion passed with the following roll call vote recorded: Yeas: Mr. Catalanello, Mr. Landrigan, Mrs. Vitale, Ms. Baillie, Mr. Wolkowitz, Mr. Rebholz Nays: None Mayor Conley declared Ordinance 48-2013 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 49-2013 ORDINANCE OF THE BOROUGH OF MADISON AMENDING CHAPTER 34 OF THE BOROUGH CODE ENTITLED “POLICE DEPARTMENT” WHEREAS, the Borough of Madison has permitted private businesses and other public entities to retain the services of off-duty police officers; and WHEREAS, for the convenience of those private businesses and other public entities which utilize the services of off-duty law enforcement officers of the Borough of Madison Police Department and to authorize the outside employment of off-duty police officers , the Borough of Madison hereby establishes a policy regarding the use of off-duty police officers, NOW THEREFORE BE IT ORDAINED AND ENACTED by the Governing Body of the Borough of Madison, in the County of Morris, State of New Jersey, as follows: PAGE 11 OF 25 Regular Meeting Minutes – December 9, 2013 1. Chapter 34 (Police Department) of the Code of the Borough of Madison is hereby revised to read as follows: §34-20. Contracted Off-Duty Employment of Police Officers. A. Members of the Police Department shall be permitted to accept employment as safety or security personnel for private businesses or other public entities during off-duty hours, and at such times which will not interfere with the efficient performance of regularly scheduled or emergency duty for the Borough. The Borough’s needs for said police officers shall always take priority over scheduled off-duty work. B. If a private business or other public entity desires to contract with the Borough of Madison for the off-duty services of a police officer, said private business or public entity shall request the services through the office of the Chief of Police. To the extent that personnel are available, the Chief of Police or his/her designee may, but shall not be required to, assign a police officer to provide aforesaid off-duty services. The Chief of Police or his/her designee shall withhold approval if the off-duty services to be performed are inconsistent with the efficient operation and professionalism of the Police Department and/or unreasonably endangers or threatens the safety of the officer or officers who perform the work. C. The cost of the services to the private party or other public entity shall be at $60.00 per hour for the officer(s) pursuant to the PBA/SOA labor contracts, plus a $20.00 per hour vehicle-use fee, administrative and insurance fee. All payments for the aforesaid services shall be made to the Borough of Madison. The Chief of Police is hereby authorized to establish such rules and regulations as are necessary to implement this section, including a bifurcated billing process to users. Pursuant to a prior Agreement with the PBA/SOA, security in the Joint Municipal Court shall be paid at $55.00 per hour to the officer(s) with no administrative, vehicle or insurance charges. In addition, security for the Centurion Holding Corporation detail in Harding shall be paid at $35.00 per hour to the officer(s) with no administrative, vehicle or insurance charges. In addition, there shall be no administrative, vehicle or insurance charges for Board of Education, religious, charitable or not-for- profit entities and/or events. The Chief of Police or his designee shall set the administrative rate and whether same shall apply for each request for officers. D. Any private business or other public entity requesting the services of an off-duty law enforcement officer shall estimate the number of hours such services are required, which estimate shall be approved, in writing, by the Chief of Police or his/her designee. E. Prior to posting any request for services of off-duty officers, the Chief of Police or his/her designee, shall verify that there are no outstanding charges for the private business or other public entity requesting services. No services shall be performed unless all charges for prior work have been paid. PAGE 12 OF 25 Regular Meeting Minutes – December 9, 2013 F. All requests for the services of off-duty law enforcement officers in the Borough of Madison Police Department for a period of one (1) week or longer shall be forwarded to the Chief of Police or his/her designee, at least ten (10) days before such services are required, whenever possible. Any officers, when so employed by the Borough, shall be treated as an employee of the Borough, provided, however, that wages earned for outside employment shall not be applied toward the pension benefits of law enforcement officers so employed nor shall hours worked for outside employment be considered in any way compensable as overtime. This ordinance shall take effect on January 1, 2014. Mayor Conley opened up the public hearing on Ordinance 49-2013. Since no member of the public wished to be heard, the public hearing was closed. Ms. Baillie moved that Ordinance 49-2013, which was read by title, be finally adopted. Mr. Wolkowitz seconded the motion. There was no further Council discussion, and the motion passed with the following roll call vote recorded: Yeas: Mr. Catalanello, Mr. Landrigan, Mrs. Vitale, Ms. Baillie, Mr. Wolkowitz, Mr. Rebholz Nays: None Mayor Conley declared Ordinance 49-2013 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. INTRODUCTION OF ORDINANCES- NONE CONSENT AGENDA RESOLUTIONS The Clerk made the following statement: Consent Agenda Resolutions will be enacted with a single motion; any Resolution requiring expenditure is supported by a Certification of Availability of Funds; any Resolution requiring discussion will be removed from the Consent Agenda; all Resolutions will be reflected in full in the minutes. Mrs. Vitale moved adoption of the Resolutions listed on the Consent Agenda. 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, Mr. Rebholz Nays: None PAGE 13 OF 25 Regular Meeting Minutes – December 9, 2013 R 328-2013 RESOLUTION OF THE BOROUGH OF MADISON DETERMINING TAX BLOCK 3001, LOT 23, 39 GREEN VILLAGE ROAD, BOROUGH OF MADISON, NEW JERSEY TO BE AN AREA IN NEED OF REHABILITATION WHEREAS, pursuant to N.J.S.A. 40A:12A-14, the Borough Council of the Borough of Madison (the “Council”) is authorized to determine delineated areas in the Borough of Madison which meet certain statutory criteria to be an area in need of rehabilitation; and WHEREAS, the existing building situated on property designated on the Official Tax Map of the Borough of Madison as Block 3001, Lot 23, and commonly known as 39 Green Village Road, Madison, New Jersey (the “Property”), has been an important part of both the Green Village Road streetscape and the Madison Borough community for many years; and WHEREAS, the location, shape and dimensions of the Property are shown on the Tax Map sheet attached as Exhibit A; and WHEREAS, the building has recently been severely damaged by fire, and has also suffered significant water damage as a result of the activation of the building’s sprinkler system in response to the fire; and WHEREAS, the Borough Council by resolution R 324-2013 referred the issue to the Planning Board; and WHEREAS, the Planning Board discussed the issue on December 3, 2013 and referred the matter back to the Borough Council with a recommendation to proceed with the Area In Need of Rehabilitation designation; and WHEREAS, as a result of fire and water damage, the building is in a deteriorated, substandard, and unsafe condition; and WHEREAS, the building was constructed in the 1920s and is more than fifty (50) years old; WHEREAS, the building is vacant and uninhabitable in its current condition; and WHEREAS, the water and sewer infrastructure serving the building is more than fifty (50) years old and is in need of repair and/or substantial maintenance; and WHEREAS, as a direct result of the conditions described above, the Council has determined that a program of rehabilitation may be expected to prevent further deterioration of the Property, restore the Property to a safe, functional and visually pleasing condition, and thereby promote the overall development of the Madison community; and PAGE 14 OF 25 Regular Meeting Minutes – December 9, 2013 WHEREAS, the Property meets statutory criteria for designation as an area in need of rehabilitation. NOW THEREFORE, BE IT HEREBY RESOLVED by the Borough Council of the Borough of Madison that the delineated area designated on the Tax Map of the Borough of Madison as Block 3001, Lot 23, and commonly known as 39 Green Village Road, Madison, New Jersey, be and hereby is determined pursuant to N.J.S.A. 40A:12A-14 to be an area in need of rehabilitation. BE IT FURTHER RESOLVED that the Borough Clerk shall promptly forward a certified true copy of this resolution to the Commissioner of the New Jersey Department of Community Affairs in conformance with the requirements of N.J.S.A. 40A:12A-14. R 329-2013 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING A SHARED SERVICE AGREEMENT FOR HEALTH SERVICES WITH THE TOWNSHIP OF SPRINGFIELD WHEREAS, the Township of Springfield and the Borough of Madison have agreed to enter into a Shared Services agreement for Local Public Health Services to furnish to the Township of Springfield health services of a technical and professional nature as hereinafter set forth, in consideration of payment as hereinafter provided, all according to N.J.S.A. 26:3A2-1 et seq.; and WHEREAS, the Madison Borough Council has reviewed the proposed agreement and is agreeable to contracting for such services. NOW, THEREFORE, BE IT RESOLVED by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, that the Mayor and Borough Clerk are authorized to enter into a Shared Services agreement for Local Public Health Services as described herein in such form approved by the Borough Attorney. R 330-2013 RESOLUTION OF THE BOROUGH OF MADISON REQUESTING THE MADISON-CHATHAM JOINT MEETING TO AMEND THE JOINT MEETING OPERATING AGREEMENT WHEREAS, pursuant to an agreement dated August 29, 1910, the Boroughs of Madison and Chatham have jointly provided, maintained and operated trunk sewers and a sewage treatment and disposal plant for the collection and disposal of sewage; and PAGE 15 OF 25 Regular Meeting Minutes – December 9, 2013 WHEREAS, the current Joint Meeting Operating Agreement provides the budgetary allocations between the participating towns is computed based on equivalent connections and not metered gallonage; and WHEREAS, in 2013 Madison is paying 65.50% of the Joint Meeting budget , but only sent 61.97% of the waste flow processed by the Joint Meeting; and WHEREAS, Madison Borough installed a master meter in April of 2012 to capture all gallonage from the Borough of Madison being sent to the Joint Meeting for treatment; and WHEREAS, the Borough of Madison’s budgetary allocation consistently exceeds the percentage of sewage attributable to Madison processed at the Joint Meeting; and WHEREAS, the Borough Council has reviewed the data and wishes to request the operating agreement to be amended to provide for meters to be utilized instead of equivalent connections, to correctly reflect flow percentages attributable to Madison on an annual basis. NOW, THEREFORE, BE IT RESOLVED by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, that the Mayor and Borough Clerk are authorized to enter into an amended agreement with the Borough of Chatham for the operation of the sewage treatment and disposal plant using accurate billing formulas as described herein, in such form as approved by the Borough Attorney. R 331-2013 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING PAYMENT IN THE AMOUNT OF $39,153.55 TO JOHN GARCIA CONSTRUCTION COMPANY FOR FORCE MAIN REPAIR SERVICES ON RIDGEDALE AVENUE PURCHASED ON AN EMERGENCY BASIS WHEREAS, the Borough Engineer has advised the Borough Council and the State of New Jersey that force main repair services were required on an emergency basis in order to protect the health and welfare of the public; and WHEREAS, the Borough expended $39,153.55 for such services on an emergency basis, pursuant to N.J.S.A 40A:11-6, and WHEREAS, the Borough Engineer has requested that the Borough authorize payment to John Garcia Construction Company, of Clifton, New Jersey, in the amount of $39,153.55, for emergency services which payment is authorized pursuant to N.J.S.A 40A:11-6(b); and WHEREAS, the Borough Council has determined to authorize payment in the total amount of $39,153.55 for the emergency purchase; and PAGE 16 OF 25 Regular Meeting Minutes – December 9, 2013 WHEREAS, the Chief Financial Officer has attested that funds are available in the amount of $39,153.55, in Ordinances 38-2010 and 18-2012. NOW, THEREFORE, BE IT RESOLVED by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, that payment is authorized to John Garcia Construction Co. in the amount of $39,153.55, for emergency services described herein. R 332-2013 RESOLUTION OF THE BOROUGH OF MADISON COUNCIL APPROVING CORRECTIVE ACTION PLAN REPORT WHEREAS, the 2012 Audit Report prepared by the Municipal Auditor contained ten (10) recommendations to be remedied, and; WHEREAS, the Chief Financial Officer has prepared a Corrective Action Plan which the Borough Council has reviewed and approved. NOW, THEREFORE, BE IT RESOLVED, by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, that the Corrective Action Plan attached hereto is hereby approved. R 333-2013 RESOLUTION OF THE BOROUGH OF MADISON CANCELLING COMPLETED CAPITAL IMPROVEMENT ORDINANCES WHEREAS, the Chief Financial Officer has reviewed a list of open capital projects with the appropriate department head and has determined that several capital projects have been completed and the improvement authorization accounts should be closed; and WHEREAS, the Chief Financial Officer has recommended that the Council adopt a Resolution canceling the open dollar balances in such completed projects; and WHEREAS, the Borough Council has determined to make such cancellation. NOW, THEREFORE, BE IT RESOLVED by the Council of the Borough of Madison, in the County of Morris and State of New Jersey that the list of open capital projects annexed hereto are hereby cancelled. R 334-2013 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING CANCELLATION OF OLD OUTSTANDING CHECKS, BANK ERRORS AND RETURNED CHECKS WHEREAS, the Madison Borough Chief Financial Officer has recommended that old outstanding checks, bank errors and returned checks be canceled as being out of date; and PAGE 17 OF 25 Regular Meeting Minutes – December 9, 2013 WHEREAS, the Chief Financial Officer has indicated that the Chief Accountant has recommended these items should be canceled. NOW, THEREFORE, BE IT RESOLVED, by the Council of the Borough of Madison, in the County of Morris and State of New Jersey as follows: 1. All outstanding checks and charges listed on the attached Memorandum dated October 23, 2013 from Francine DeAngelis, Chief Accountant, to Robert F. Kalafut, Chief Financial Officer, be canceled. 2. The Chief Financial Officer is authorized to take whatever action is necessary to effectuate this Resolution. R 335-2013 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING CANCELLATION OF AN OLD TRUST FUND RESERVE BALANCES WHEREAS, the Madison Borough Chief Financial Officer has recommended that old Trust Fund Reserves be cancelled, with these funds to be transferred to the Miscellaneous Revenue Account. NOW, THEREFORE, BE IT RESOLVED, by the Council of the Borough of Madison, in the County of Morris and State of New Jersey as follows: 3. All state Trust Fund Reserve balances as listed on the attached schedule prepared by the Chief Financial Officer, be cancelled, with these funds to be transferred to the Miscellaneous Revenue Account. 4. The Chief Financial Officer is authorized to take whatever action is necessary to effectuate this Resolution. R 336-2013 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING 2013 BUDGET TRANSFERS WHEREAS, there appears to be insufficient funds in the following accounts (excepting the appropriation for Contingent Expenses or Deferred Charges) to meet the demands for the balance of Police Department – Overtime, Municipal Court – Other Expenses, and; WHEREAS, there appears to be surplus in the following accounts (excepting the appropriation for Contingent Expenses, Deferred Charges, Cash Deficit of Preceding Year, Reserve for Uncollected Taxes, Down Payments, Capital Improvement Fund, or Interest and Debt Redemption Charges), over and above the demand deemed to be necessary for the balance of the Current Year, in Health Insurance – Other Expenses. PAGE 18 OF 25 Regular Meeting Minutes – December 9, 2013 NOW, THEREFORE, BE IT RESOLVED, (not less than two-thirds of all the members thereof affirmatively concurring) that in accordance with the provision of R.S. 40A:4-58, part of the surplus in the account heretofore mentioned be and the same are hereby transferred to the account (excepting the appropriation for Contingent Expenses or Deferred Charges) mentioned as being insufficient, to meet the current demands, and; BE IT FURTHER RESOLVED, that the Chief Financial Officer be and is hereby authorized and directed to make the following transfers: R 337-2013 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING AN EMERGENCY APPROPRIATION IN THE BOROUGH OF MADISON ELECTRIC UTILITY FUND WHEREAS, an emergency has arisen with respect to the cost for Purchased Power in the Electric Utility Administration Budget for the cost of wholesale purchased power and no adequate provision was made in the 2013 budget for the aforesaid purpose; and WHEREAS, N.J.S.A. 40A:4-46 provides for the creation of an emergency appropriation for the purpose above mentioned; and WHEREAS, the total amount of emergency appropriations created including the appropriation to be created by this resolution is $500,000.00; and NOW, THEREFORE, BE IT RESOLVED by the Council of the Borough of Madison, County of Morris, State of New Jersey (not less than two thirds of all the members thereof affirmatively concurring) that in accordance with N.J.S.A. 40A:4-48: 1. An emergency appropriation be and the same is hereby made for Electric Utility Budget – Wholesale Purchased Power in the amount of $500,000.00; 2. That said emergency appropriation shall be provided for in full in the 2014 budget and is requested to be excluded for CAPS pursuant to N.J.S.A. 40A:4-45.3c(1); 3. That two certified copies of this resolution be filed with the Director of Local Government Services. R 338-2013 RESOLUTION OF THE BOROUGH OF MADISON DEDICATING ALL FUNDS RECEIVED FROM FEDERAL EMERGENCY MANAGEMENT AGENCY FOR SUPERSTORM SANDY REIMBURSEMENTS TO THE GENERAL CAPITAL IMPROVEMENT FUND PAGE 19 OF 25 Regular Meeting Minutes – December 9, 2013 WHEREAS, the Borough of Madison has and will receive reimbursements from FEMA for Superstorm Sandy in the amount of approximately $1,000,000; and WHEREAS, these funds when received will be deposited in the Current Fund as Miscellaneous Revenue Not Anticipated and will flow directly into the Municipal Surplus Account; and WHEREAS, it is the wishes of the Mayor and Council to dedicate these funds to the General Capital Improvement Fund to support the funding of additional capital projects. 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; All funds received from FEMA for Reimbursement of Superstorm Sandy claims will be dedicated and transferred to the General Capital Fund. R 339-2013 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING THE USE OF UP TO $25,000.00 IN MUNICIPAL OPEN SPACE TRUST FUNDS FOR DEER FENCING FOR THE PASSIVE RECREATION AREA AT THE MADISON RECREATION CENTER WHEREAS, the MRC Passive Use Advisory Committee has requested funding for deer fencing for certain areas at the Madison Recreation Center; and WHEREAS, the Open Space Advisory Committee has recommended that up to $25,000.00 from the Municipal Open Space Trust Fund be disbursed for requested deer fencing at the Madison Recreation Center; and WHEREAS, the Chief Financial Officer has attested to the availability of the funds in the Municipal Open Space Trust Fund in an amount not to exceed $25,000.00 for this purpose. NOW, THEREFORE, BE IT RESOLVED, by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, that up to $25,000.00 is hereby authorized to be allocated from the Municipal Open Space Trust Fund for deer fencing at the Madison Recreation Center. R 340-2013 RESOLUTION OF THE BOROUGH OF MADISON APPROVING TRANSFER OF 2013 LIVERY OWNER’S LICENSE FOR PRECISE LIMOUSINE TRANSPORT SERVICE, LLC WHEREAS, any license issued for any taxicab or livery may be transferred to a substitute vehicle in accordance with the provisions of Chapter 173-7 of the Borough of Madison Code after approval of the Council and upon the payment to the Borough of a transfer fee of $10.00 for each vehicle for which the license is to be transferred; and PAGE 20 OF 25 Regular Meeting Minutes – December 9, 2013 WHEREAS, prior to the approval or disapproval by the Council of the transfer of the license to permit the operation of such substituted vehicle, the owner may operate such substituted vehicle or cause the same to be operated, subject to the other provisions of Chapter 173-7; and WHEREAS, Precise Limousine Transport Service, LLC, has made application to transfer Livery Owner’s License No. 13-16 to a substitute vehicle and, at the same time, has provided proof of insurance and paid the appropriate transfer fee; NOW, THEREFORE, BE IT RESOLVED by the Council of the Borough of Madison, County of Morris, State of New Jersey, to approve the license transfer request from Precise Limousine Transport Service, LLC. R 341-2013 RESOLUTION OF THE BOROUGH OF MADISON GRANTING PERMISSION TO CROSS RIVER FIBER, INC. TO USE BOROUGH OF MADISON RIGHT-OF-WAY WHEREAS, Cross River Fiber, Inc., 382 Springfield Avenue, Suite 409, Summit, NJ is seeking to install telecommunications facilities on existing poles within the Borough of Madison; and WHEREAS, Cross River Fiber, Inc. is a public utility as defined in N.J.S.A. 48:2-13 and as such has been authorized by the Federal Communications Commission and the New Jersey Board of Public Utilities to offer certain telecommunications services in the State of New Jersey; and WHEREAS, the installation of the fiber optic cable in the thoroughfares and public rights-of-way of the Borough of Madison requires the authorization and approval of the governing body of the Borough of Madison for placement of such fiber cable pursuant to N.J.S.A. 48:17-11; and WHEREAS, Cross River Fiber, Inc. desires to install fiber optic cables on existing poles within the Borough of Madison as shown on plans attached hereto as Exhibit “A”; and WHEREAS, said right of way permission shall not include the right to utilize or create any underground duct work without additional written permission; and WHEREAS, Cross River Fiber, Inc. has agreed to pay to the Borough of Madison such non-discriminatory fees as may be charged to all such similarly situated users in the Borough; and WHEREAS, the Borough of Madison finds such plans to be in the public interest. 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: PAGE 21 OF 25 Regular Meeting Minutes – December 9, 2013 1. Cross River Fiber, Inc., be and is hereby granted municipal authorization to use the right of way of the Borough of Madison to such limited extent as described herein and set forth in Exhibit “A”, provided that no utilization of underground duct work or trenching shall be permitted without additional written approval. This right of way grant is subject to approval by other departments or governmental agencies with jurisdiction and specifically subject to the prior written consent of Verizon as successor entity to Ne Jersey Bell Telephone Company pursuant to Article VII of the Agreement Governing the Joint Use of Poles between the Borough of Madison and the New Jersey Bell Telephone Company dated October 9, 1950. 2. The Mayor and Borough Clerk are hereby authorized and directed on behalf of the Borough to enter into an agreement reflecting the terms hereof in a form acceptable to the Borough Attorney. R 342-2013 RESOLUTION OF THE BOROUGH OF MADISON APPROVING RELEASE OF FUNDS FROM THE AFFORDABLE HOUSING TRUST FUND IN THE AMOUNT OF $50,000 WHEREAS, the Affordable Housing Administrator/Municipal Housing Liaison has requested the release of up to $50,000.00 from the Housing Trust Fund be authorized for supplemental funding for the Strickland Place Affordable Housing development; and WHEREAS, the release of said funds shall be in accordance with the approved spending plan for the affordable housing development; and WHEREAS, the Affordable Housing Administrator/Municipal Housing Liaison has advised the Borough that the funds in the Housing Trust Fund will be used in accordance with the rules and regulations promulgated by the Council On Affordable Housing (“COAH”) for the development of affordable housing. NOW, THEREFORE, BE IT RESOLVED by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, the release of up to $50,000.00 from the Affordable Housing Trust Fund for the purposes requested herein, to be used in accordance with the rules and regulations promulgated by COAH and the approved spending plan for the development of affordable housing is hereby authorized. R 343-2013 RESOLUTION OF THE BOROUGH OF MADISON APPROVING RAFFLES LICENSE APPLICATION SUBMITTED BY FRIENDS OF MADISON PUBLIC LIBRARY PAGE 22 OF 25 Regular Meeting Minutes – December 9, 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: FRIENDS OF MADISON PUBLIC LIBRARY I.D. No. 274-5-37411 R.A. No. 1300 – Off Premise 50/50 March 8, 2014 R 344-2013 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING CANCELLATION OF OLD GENERAL CAPITAL GRANTS RECEIVABLES WHEREAS, the Madison Borough Chief Financial Officer has recommended that old General Capital Grant Receivables and Reserves for Receivables be cancelled. 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: 5. All General Capital Grant Receivables as listed on the attached schedule prepared by the Chief Financial Officer, be cancelled. The Chief Financial Officer is authorized to take whatever action is necessary to effectuate this Resolution. R 345-2013 RESOLUTION OF THE BOROUGH OF MADISON RATIFYING APPOINTMENT OF LAUREN VACCARELLO TO THE POSITION OF INTERN WHEREAS, the Borough Administrator has recommended the appointment of Lauren Vaccarello to the position of Intern for the Borough of Madison; 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 appointment of Lauren Vaccarello to the position of Intern, effective December 16, 2013, at the rate of pay of $9.00 per hour is hereby ratified. R 346-2013 RESOLUTION OF THE BOROUGH OF MADISON RENEWING BOWLING ALLEY LICENSE FOR PLAZA LANES FOR 2014 BE IT RESOLVED, by the Council of the Borough of Madison, County of Morris, State of New Jersey, that the following Bowling Alley License renewal be approved for the year 2014: Company Name: PLAZA LANES INC. Name of Bowling Alley: PLAZA LANES Location of Bowling Alley: 53 Madison Plaza Madison, New Jersey PAGE 23 OF 25 Regular Meeting Minutes – December 9, 2013 R 347-2013 RESOLUTION OF THE BOROUGH OF MADISON SUPPORTING SUSTAINABLE JERSEY SMALL GRANT APPLICATIONS BY THE SUSTAINABLE MADISON ADVISORY COMMITTEE WHEREAS, the Sustainable Madison Advisory Committee wishes to make improvement to the Madison Recreation Center (MRC) and continue sustainable promotion and community building; and WHEREAS, the Sustainable Madison Advisory Committee wishes to submit grant applications to the Sustainable Jersey Small Grant program in the amount of $20,000.00 for deer fencing at the MRC and in the amount of $2,000 for sustainable promotion and community building; and WHEREAS, Madison Recreation Center Ad Hoc Master Planning Committee has discussed and endorses the various projects. NOW, THEREFORE, BE IT RESOLVED, by the Council of the Borough of Madison, County of Morris and State of New Jersey, that the Borough of Madison supports and endorses the above-described applications to the Sustainable Jersey Small Grant program by the Sustainable Madison Advisory Committee. R 348-2013 RESOLUTION OF THE BOROUGH OF MADISON APPROVING RAFFLES LICENSE APPLICATIONS SUBMITTED BY ST.VINCENT MARTYR CHURCH 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: ST. VINCENT MARTYR CHURCH I.D. No. 274-1-812 R.A. No. 1301 – Off Premise Merchandise R.A. No. 1302 – On Premise Merchandise R.A. No. 1303 – Off Premise Merchandise Date of Raffles: March 22, 2014 R 349-2013 RESOLUTION OF THE BOROUGH OF MADISON APPOINTING THERESA M. RIZZO TO THE POSITION OF DEPUTY COURT ADMINISTRATOR WHEREAS, the Township of Morris will join the Joint Municipal Court of Madison, the Chathams and Harding effective January 1, 2014; and WHEREAS, additional staff is required to handle the increase in volume; and WHEREAS, the Municipal Court Administrator has recommended that Theresa M. Rizzo, the current Morris Township Deputy Court Administrator, be PAGE 24 OF 25 Regular Meeting Minutes – December 9, 2013 appointed to the position of Deputy Court Administrator, effective January 1, 2014; 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 Theresa M. Rizzo is hereby appointed to the position of Deputy Court Administrator of the Madison Municipal Court, effective January 1, 2014, to be compensated at $52,835.00 annually. UNFINISHED BUSINESS - None APPROVAL OF VOUCHERS On motion by Mrs. Vitale seconded by Mr. Catalanello 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 $11,187.30 Health & Public Assistance 2,287.07 Public Works & Engineering 183,754.62 Community Affairs 6,379.17 Finance & Borough Clerk 3,774,390.33 Utilities 41,928.59 Total $4,019,927.08 The following roll call vote was recorded approving the aforementioned vouchers: Yeas: Mr. Catalanello, Mr. Landrigan, Mrs. Vitale, Ms. Baillie, Mr. Wolkowitz, Mr. Rebholz Nays: None NEW BUSINESS - None ADJOURN There being no further business to come before the Council, the meeting was adjourned at 10:15 p.m. Respectfully submitted, Elizabeth Osborne Borough Clerk Approved February 24, 2014 (EO) PAGE 25 OF 25

Agenda

MAYOR AND COUNCIL REGULAR MEETING AGENDA DECEMBER 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 DECEMBER 9, 2013 7. PLEDGE OF ALLEGIANCE 8. MINUTES FOR APPROVAL Executive Minutes of November 13, 2013 Regular Minutes of November 13, 2013 Executive Minutes of November 25, 2013 Regular Minutes of November 25, 2013 9. GREETING TO PUBLIC Madison High School Boys Varsity Cross-Country Team Madison High School Girls Volleyball Team 10. REPORTS FROM COMMITTEES Health Carmela Vitale/Edward Rebholz 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 Utilities Edward Rebholz /Carmela Vitale 11. COMMUNICATIONS AND PETITIONS 12. INVITATION FOR DISCUSSION (1 of 2) Mayor Conley opened the meeting to the public for their opportunity to ask questions and make comments on any discussion items on the agenda or resolutions. There will be another invitation for discussion later in the meeting for any other subject. The Mayor asked that, upon recognition by the Chair, the person shall proceed to the lectern and give his/her name and address in an audible tone of voice, and print the same on the sheet provided for the record. He/she shall limit his/her statement to three (3) minutes or less. 13. AGENDA DISCUSSIONS 12/09/2013-1 DOWNTOWN DEVELOPMENT COMMISSION PRESENTATION 12/09/2013-2 DEDICATION OF FEMA REIMBURSEMENT FUNDS Resolution 338-2013 listed on the Consent Agenda 12/09/2013-3 REQUEST FROM OPEN SPACE TRUST FUND FOR DEER FENCING AT THE MADISON RECREATION CENTER Resolution 339-2013 listed on the Consent Agenda LAST PRINTED 12/9/2013 12:36:00 PM1 MAYOR AND COUNCIL MEETING AGENDA – DECEMBER 9, 2013 12/09/2013-4 CORRECTIVE ACTION PLAN Resolution 332-2013 listed on the Consent Agenda 12/10/2012-5 CANCELLATION OF COMPLETED CAPITAL IMPROVEMENT ORDINANCES Resolution 333-2013 listed on the Consent Agenda 12/10/2012-6 CANCELLATIONS OF ALL OUTSTANDING CHECKS AND BANK ERRORS Resolution 334-2013 listed on the Consent Agenda 12/10/2012-7 CANCELLATION OF OLD TRUST FUND RESERVE BALANCES Resolution 335-2013 listed on the Consent Agenda 12/10/2011-8 2013 BUDGET TRANSFERS Resolution R 336-2013 Listed on Consent Agenda 12/10/2011-9 EMERGENCY APPROPRIATION IN THE ELECTRIC UTILITY Resolution R 337-2013 Listed on Consent Agenda 12/09/2013-10 BOROUGH COUNCIL BY-LAWS REVIEW 12/10/2012-11 CANCELLATION OF GENERAL CAPITAL GRANT RECEIVABLES Resolution 344-2013 listed on the Consent Agenda 14. ORDINANCES FOR HEARING ORDINANCE 47-2013 ORDINANCE OF THE BOROUGH OF MADISON ESTABLISHING A STANDING ADVISORY AUDIT COMMITTEE ORDINANCE 48-2013 ORDINANCE OF THE BOROUGH OF MADISON AMENDING CHAPTER 12 OF THE BOROUGH CODE ENTITLED “COURT” ORDINANCE 49-2013 ORDINANCE OF THE BOROUGH OF MADISON AMENDING CHAPTER 34 OF THE BOROUGH CODE ENTITLED “POLICE DEPARTMENT” 15. INVITATION FOR DISCUSSION (2 of 2) 16. INTRODUCTION OF ORDINANCES-none 17. CONSENT AGENDA RESOLUTIONS R 328-2013 RESOLUTION OF THE BOROUGH OF MADISON DETERMINING TAX BLOCK 3001, LOT 23, 39 GREEN VILLAGE ROAD, BOROUGH OF MADISON, NEW JERSEY TO BE AN AREA IN NEED OF REHABILITATION R 329-2013 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING A SHARED SERVICE AGREEMENT FOR HEALTH SERVICES WITH THE TOWNSHIP OF SPRINGFIELD LAST PRINTED 12/9/2013 12:36:00 PM Page 2 MAYOR AND COUNCIL MEETING AGENDA – DECEMBER 9, 2013 R 330-2013 RESOLUTION OF THE BOROUGH OF MADISON REQUESTING THE MADISON-CHATHAM JOINT MEETING TO AMEND THE JOINT MEETING OPERATING AGREEMENT R 331-2013 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING PAYMENT IN THE AMOUNT OF $39,153.55 TO JOHN GARCIA CONSTRUCTION COMPANY FOR FORCE MAIN REPAIR SERVICES ON RIDGEDALE AVENUE PURCHASED ON AN EMERGENCY BASIS R 332-2013 RESOLUTION OF THE BOROUGH OF MADISON COUNCIL APPROVING CORRECTIVE ACTION PLAN REPORT R 333-2013 RESOLUTION OF THE BOROUGH OF MADISON CANCELLING COMPLETED CAPITAL IMPROVEMENT ORDINANCES R 334-2013 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING CANCELLATION OF OLD OUTSTANDING CHECKS, BANK ERRORS AND RETURNED CHECKS R 335-2013 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING CANCELLATION OF AN OLD TRUST FUND RESERVE BALANCES R 336-2013 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING 2013 BUDGET TRANSFERS R 337-2013 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING AN EMERGENCY APPROPRIATION IN THE BOROUGH OF MADISON ELECTRIC UTILITY FUND R 338-2013 RESOLUTION OF THE BOROUGH OF MADISON DEDICATING ALL FUNDS RECEIVED FROM FEDERAL EMERGENCY MANAGEMENT AGENCY FOR SUPERSTORM SANDY REIMBURSEMENTS TO THE GENERAL CAPITAL IMPROVEMENT FUND R 339-2013 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING THE USE OF UP TO $43,000.00 IN MUNICIPAL OPEN SPACE TRUST FUNDS FOR DEER FENCING FOR THE PASSIVE RECREATION AREA AT THE MADISON RECREATION CENTER R 340-2013 RESOLUTION OF THE BOROUGH OF MADISON APPROVING TRANSFER OF 2013 LIVERY OWNER’S LICENSE FOR PRECISE LIMOUSINE TRANSPORT SERVICE, LLC R 341-2013 RESOLUTION OF THE BOROUGH OF MADISON GRANTING PERMISSION TO CROSS RIVER FIBER, INC. TO USE BOROUGH OF MADISON RIGHT-OF-WAY R 342-2013 RESOLUTION OF THE BOROUGH OF MADISON APPROVING RELEASE OF FUNDS FROM THE AFFORDABLE HOUSING TRUST FUND IN THE AMOUNT OF $50,000 R 343-2013 RESOLUTION OF THE BOROUGH OF MADISON APPROVING RAFFLES LICENSE APPLICATION SUBMITTED BY FRIENDS OF MADISON PUBLIC LIBRARY R 344-2013 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING CANCELLATION OF OLD GENERAL CAPITAL GRANTS RECEIVABLES R 345-2013 RESOLUTION OF THE BOROUGH OF MADISON RATIFYING APPOINTMENT OF LAUREN VACCARELLO TO THE POSITION OF INTERN LAST PRINTED 12/9/2013 12:36:00 PM Page 3 MAYOR AND COUNCIL MEETING AGENDA – DECEMBER 9, 2013 R 346-2013 RESOLUTION OF THE BOROUGH OF MADISON RENEWING BOWLING ALLEY LICENSE FOR PLAZA LANES FOR 2014 R 347-2013 RESOLUTION OF THE BOROUGH OF MADISON SUPPORTING SUSTAINABLE JERSEY SMALL GRANT APPLICATIONS BY THE SUSTAINABLE MADISON ADVISORY COMMITTEE R 348-2013 RESOLUTION OF THE BOROUGH OF MADISON APPROVING RAFFLES LICENSE APPLICATIONS SUBMITTED BY ST.VINCENT MARTYR CHURCH R 349-2013 RESOLUTION OF THE BOROUGH OF MADISON APPOINTING THERESA M. RIZZO TO THE POSITION OF DEPUTY COURT ADMINISTRATOR 18. Unfinished Business 19. Approval of Vouchers 20. New Business 21. Adjournment LAST PRINTED 12/9/2013 12:36:00 PM Page 4

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