Mayor & Council
Regular MeetingMadison, NJ · January 13, 2014
Minutes
MINUTES OF A REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE
BOROUGH OF MADISON
January 13, 2014 - 7 p.m.
CALL TO ORDER
The Regular Meeting of the Mayor and Council of the Borough of Madison was held
on the 13th day of January, 2014. 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 2, 2014. 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
Benjamin Wolkowitz
Patrick W. Rowe
Absent: Astri J. Baillie, excused
Also Present:
James E. Burnet, Assistant Borough Administrator
Elizabeth Osborne, Borough Clerk
Matthew J. Giacobbe, Esq. Borough Attorney
Absent: Raymond M. Codey, Borough Administrator, excused
AGENDA REVIEW
There was approval of the Regular and Executive Agenda.
READING OF CLOSED SESSION RESOLUTION
Mr. Landrigan moved:
RESOLVED, that the meeting be adjourned to an Executive Session to consider the
following matters:
MINUTES FOR APPROVAL (1)
none
Date of public disclosure 60 days after conclusion, if disclosure required.
CONTRACT MATTERS (4)
DUECO INSIDE SALES
RECENT PERC RULING
Regular Meeting Minutes – January 13, 2014
PUBLIC WORKS ANNUAL CONTRACTS
PROJECT COMMUNITY PRIDE
Date of public disclosure 60 days after conclusion, if disclosure required.
PERSONNEL MATTERS (2)
PUBLIC WORKS POSITIONS
PART-TIME CLERK-TAX COLLECTOR’S OFFICE
Date of public disclosure 90 days after conclusion, if disclosure required.
LITIGATION MATTERS (2)
PLANET M.S.C., LLC VS. MADISON BOROUGH
FDU PILOT
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.
APPROVAL OF MINUTES-NONE
GREETINGS TO PUBLIC
Oath of Office Volunteer Fire Fighters – Oath Administered by Mayor Conley
Mr. Rowe moved adoption of Resolutions R 33-2014. 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, Mr. Wolkowitz, Mr. Rowe
Nays: None
Absent: Ms. Baillie
R 33-2014 RESOLUTION OF THE BOROUGH OF MADISON
CONFIRMING MEMBERSHIP OF KENNETH SYCH AND
THOMAS SYCH IN THE MADISON HOSE COMPANY NO.1,
INC.
WHEREAS, the Fire Chief has advised that Kenneth Sych and Thomas
Sych were voted into the Madison Hose Company No.1, Inc. as a volunteer
firefighters; and
WHEREAS, Section 18-27 of the Madison Borough Code requires that each
person so voted shall be confirmed as a member of such division by the Council of
the Borough of Madison.
NOW, THEREFORE, BE IT RESOLVED by the Council of the Borough of
Madison, in the County of Morris and State of New Jersey, that Kenneth Sych and
Thomas Sych are hereby confirmed as a members of the Madison Hose Company
No. 1, Inc. effective immediately.
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Regular Meeting Minutes – January 13, 2014
Oath of Office Volunteer Firefighters Kenneth Sych and Thomas Sych was
administered by Mayor Conley.
Mayor Conley presented Certificates of Achievement to the Madison High School Girls
Field Hockey Team for achievement in winning the Morris County Championship and
the NJAC Independence Division Championship.
Mayor Conley made the following comments:
EMPLOYEES OF THE MONTH FOR JANUARY:
Linda Sawyer, Sandra Emmerich and Donna Carey for the smooth transition and
adjustment to work responsibilities when Linda Sawyer took a new position in the
Purchasing Department, Sandra Emmerich moved to the Finance Department and
Donna Carey trained a new employee for the Water and Electric Department.
ANNIVERSARIES FOR THE MONTH OF JANUARY:
35TH Anniversary – Thomas DeBiasse of the Department of Public Works on January
22nd
30th Anniversary – Frank Davis of the Department of Public Works on January 3rd
REPORTS OF COMMITTEES
Health
Mr. Landrigan of the Committee made the following comments:
The Madison Health Department has influenza vaccines available. Mr. Landrigan
also noted that business retail food establishment and animal licensing is in
progress as well at the Health Department. Resident with questions should contact
the Health Department.
Public Works and Engineering
Mr. Catalanello, Chair of the Committee, made the following comments:
The Public Works staff continuing to collect curbside Christmas trees and repairing
pot holes. A yard waste collection day is scheduled at the John Street garage for
February 15, 2014.
Utilities
Mrs. Vitale, Chair of the Committee, made the following comments:
Mrs. Vitale noted the a transformer at the Madison Senior Housing has been
replaced and thanked Borough Staff for their efforts during the replacement. The
Fire Department battled a house fire on Midwood Terrace this week and Fire Chief
DeRosa sent a note of thanks to all departments that help during the event.
Public Safety
Ms. Baillie, Chair of the Committee, no report.
Finance and Borough Clerk
Mr. Wolkowitz, Chair of the Committee, made the following comments:
Mr. Wolkowitz, reporting for Public Safety, noted that Project Community Pride
reports seven new referrals year to date and PCP Social Workers have attend a
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Regular Meeting Minutes – January 13, 2014
training session on self injury. Mr. Wolkowitz noted his attendance at a PCP
symposium to discuss the future of the organization. The Fire Department
responded to a structural fire on Midwood Terrace, as well as two other emergency
calls so far this year. The Fire Department received mutual aid from Florham Park,
Chatham Borough, Chatham Township Morris Township, Morristown, Cedar Knolls
and Green Village.
Mr. Wolkowitz reported 2013 year end statistic for the Police Department including
30,308 calls for service, 416 motor vehicle accidents, 4000 motor vehicle stops,
3000 summons issued, 1400 radar stops, 221 suspicious incidents and 208 arrests.
For the Finance and Borough Clerk, Mr. Wolkowitz reported that tonight’s discussion
regarding the municipal budget will include a schedule of budget hearings starting
with the Capital Budget. Mr. Wolkowitz encouraged residents to attend and send
comments regarding the budget.
Community Affairs
Mr. Rowe, Chair of the Committee, made the following comments:
Mr. Rowe reported his attendance at the League of Municipalities Convention last
November, and at the League’s Orientation for newly elected members this past
weekend. In December, Mr. Rowe stated he met with most of the Borough
Department Heads, and expects to sit down before the end of the month with the
few missed because of a year-end work issue. Mr. Rowe noted his attendance at
the Chamber of Commerce meeting, where they reviewed their programs from last
year. The Chamber will hold their annual Holiday Party tomorrow evening at
Rocco’s at 6p.m. All residents ate invited to attend and will be asked to pay $ 25.00
at the door. Mr. Rowe also noted his attendance to the Senior Citizens’ Advisory
Committee meeting last week. Mr. Rowe reported year-end totals for participation in
three major categories at the Senior Center: Weekly activities – 8,327, Service
including the van – 7,810 One-time events – 1,793. Mr. Rowe noted that van usage
increased 33%, from 3,500 riders in 2012 to almost 4,700 in 2013.
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, inquired about proposed resolution R 42-2014
regarding a property tax appeal and the number of applicants for the position of
probationary police officer.
AGENDA DISCUSSIONS
01/13/2014-1 2014 MUNICIPAL BUDGET SCHEDULE
The following schedule was agreed to for discussion, introduction and adoption of
the 2014 Municipal Budget. The Capital Budget will be discussed this evening. At
the regularly scheduled Council meeting of January 27th, the operating budget will
be presented and a town hall meeting will be held on Saturday, February 1, 2014, at
10:00 a.m. Department Heads will present their budgets at a special meeting on
February 3rd at 7:00 p.m. and discussion will continue at the regular Council meeting
of February 10th. Final budget adjustment will be considered at the February 24,
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Regular Meeting Minutes – January 13, 2014
2014 meeting. Introduction of the budget is scheduled for the March 10th Council
meeting and the public hearing and adoption is planned for the April 14th Council
meeting.
01/13/2014-2 2014 CAPITAL BUDGET INTRODUCTION
Mr. Burnet explained the budget cycle and the process used to develop a proposed
capital budget, noting the recommendation of $3.5 million for 2014 capital projects.
Borough Engineer Robert Vogel provided details regarding roadway reconstruction
projects to be included in the 2014 Roadway Reconstruction project which will be ready to
bid February. Library Trustee Thomas Bintinger provided information regarding the capitol
projects proposed at the Public Library, including replacement of the HVAC system and
additional asbestos abatement. Following discussion there was agreement that Mr. Vogel
include reconstruction of Wilson Lane in the proposed roadway reconstruction projects.
Mayor Conley noted that the Operating Budget will be discussed at the January 27th
meeting.
01/13/2014-3 COUNCIL BY-LAWS REVIEW COMMITTEE
Mayor Conley announced Mr. Catalanello, Mr. Landrigan and Mrs. Vitale as the
members of the By-laws committee, to review and recommend changes to the
Council.
ADVERTISED HEARINGS- NONE
INVITATION FOR DISCUSSION (2 of 2)
Mayor opened the meeting to the public for their opportunity to ask questions and
make comments on any subject. Mayor asked that, upon recognition by the Chair,
the person shall proceed to the lectern and give his/her name and address in an
audible tone of voice, and print the same on the sheet provided for the record.
He/she shall limit his/her statement to three (3) minutes or less.
Tim Harrington, Cross Gates, inquired about the sale of the former Green Village
Road School property, and suggested that Prospect Street also be considered for
milling.
Mary Beth Forte, Academy Road, thanked the Mayor and Council for the overview
of the Capital Budget, and asked what the likelihood is that Academy will be
reconstructed in 2014.
Maureen Byrne, Albright Circle, noted fund raising by the Friends of the Public
Library and asked that Council consider replacement of the HVAC system.
Christine Tully, Green Village Road, asked about sidewalks along Green Village
Road, noting that the Board of Education has eliminated bus routes. Following
discussion, there was Council agreement to have the Police Department Traffic
Safety Officer contact the Board of Education.
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.
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Regular Meeting Minutes – January 13, 2014
Mr. Landrigan 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, Mr. Wolkowitz, Mr. Rowe
Nays: None
Absent: Ms. Baillie
R 34-2014 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZE THE
SUBMISSION OF THE GRANT EXTENSION FOR THE 2014 MADISON
MUNICIPAL ALLIANCE GRANT
WHEREAS, the Governor’s Council on Alcoholism and Drug Abuse established the
Municipal Alliances for the Prevention of Alcoholism and Drug Abuse in 1989 to educate
and engage residents, local government and law enforcement officials, schools, nonprofit
organizations, the faith community, parents, youth and other allies in efforts to prevent
alcoholism and drug abuse in communities throughout New Jersey.
WHEREAS, The Borough Council of the Borough of Madison, County of Morris,
State of New Jersey recognizes that the abuse of alcohol and drugs is a serious
problem in our society amongst persons of all ages; and therefore has an established
Municipal Alliance Committee; and,
WHEREAS, Madison was approved for a Municipal Alliance grant for the January
1, 2013 through December 31, 2013 grant term; and
WHEREAS, the Governor’s Council on Alcoholism and Drug Abuse has extended
the 2013 grant term until June 30, 2014, in order to transition the grant to a fiscal
year rather than calendar year cycle; and
WHEREAS, funding has been made available to Madison Municipal Alliance in the
amount of 50% of its approved 2013 grant total for the six-month extension period of
January 1, 2014 to June 30, 2014, contingent upon meeting the 25% Cash Match and
75% In-Kind Match grant requirement for the extension funding.
NOW, THEREFORE, BE IT RESOLVED that the Borough Council of the
Borough of Madison does hereby authorize the submission of the grant extension for
the Madison Municipal Alliance grant in the amount of:
DEDR $19911.00
Cash Match $ 4977.75
In-Kind $14933.25
The Borough of Madison Council acknowledges the terms and conditions for
administering the Municipal Alliance grant, including the administrative compliance
and audit requirements.
R 35-2014 RESOLUTION OF THE BOROUGH OF MADISON APPROVING
THEATER LICENSE FOR BOW TIE CINEMAS FOR 2014
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Regular Meeting Minutes – January 13, 2014
BE IT RESOLVED, by the Council of the Borough of Madison, County of Morris,
State of New Jersey, that the following Theater License be approved for the year
2014:
Company Name: BTC HOLDINGS 409, LLC
Name of Theater: BOW TIE CINEMAS
Location of Theater: 14 LINCOLN PLACE
MADISON, NEW JERSEY
R 36-2014 RESOLUTION OF THE BOROUGH OF MADISON AWARDING
CONTRACT TO DUECO INSIDE SALES OF WAUKESHA, WI FOR ONE (1) NEW
UNUSED DIGGER/DERRICK TRUCK AND CHASSIS FOR THE ELECTRIC
UTILITY DEPARTMENT IN THE AMOUNT OF $186,117.00
WHEREAS, the Borough of Madison publicly advertised for bids for the
purchase of a new unused digger/derrick truck and chassis, (the “Contract”) in
accordance with the Local Public Contracts Law, N.J.S.A. 40A:11-1, et seq.; and
WHEREAS, after review of the four bids received December 4, 2013, the
Electric Utility Superintendent has determined that the two lowest bidders were not
compliant with the bid specification; and
WHEREAS, the lowest qualified bid, complying with all bid specifications,
was submitted by Dueco Inside Sales, of Waukesha, Wisconsin, in the amount of
$186,117.00; and
WHEREAS, the Electric Utility Superintendent has recommended that the
Borough Council award the contract to Dueco Inside Sales, of Waukesha,
Wisconsin, in the amount of $186,117.00; and
WHEREAS, the Chief Financial Officer has attested that funds will be
available in an amount not to exceed $186,117.00 for this purpose in Ordinances 2-
2013 and 42-2013.
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 purchase of a new unused digger/derrick
truck and chassis is hereby awarded to Dueco Inside Sales, based upon its bid in
the amount of $186,117.00.
2. The Mayor and Borough Clerk are hereby authorized and
directed on behalf of the Borough to enter into the contract with Dueco Inside Sales,
in a form acceptable to the Borough Attorney.
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Regular Meeting Minutes – January 13, 2014
R 37-2014 RESOLUTION OF THE BOROUGH OF MADISON RATIFYING THE
AWARD OF A PURCHASE ORDER/CONTRACT TO ALLIED OIL, LLC FOR THE
PURCHASE OF GASOLINE UNDER THE NEW JERSEY STATE COOPERATIVE
CONTRACT #80914, GASOLINE
WHEREAS, the Borough of Madison desires to ratify an award of a
purchase/order contract for the purchase of gasoline to an authorized vendor under
the State Co-Operative Pricing Council program; and
WHEREAS, the purchase of goods and services by a local contracting unit is
authorized by the Local Public Contracts Law, N.J.S.A. 40A:11-10, et seq.; and
WHEREAS, Allied Oil, LLC of Manville, New Jersey has been awarded New
Jersey State Co-Operative Pricing Council contract #80914, Gasoline; and
WHEREAS, the Superintendent of Public Works has recommended that the
Borough Council utilize this contract for the purchase of gasoline in the amount of
$200,000.00; and
WHEREAS, the Chief Financial Officer has attested that funds are available
in an amount not to exceed $200,000.00 for this purpose, which is in the 2014
Gasoline Budget #460, account 421. This is contingent upon the adoption of the
2014 Municipal Budget.
NOW, THEREFORE, BE IT RESOLVED by the Council of the Borough of
Madison, in the County of Morris and State of New Jersey, that a purchase
order/contract be awarded to Allied Oil, LLC of Manville, New Jersey for the
purchase of gasoline, at a total price not to exceed $200,000.00 under the New
Jersey State Co-Operative Pricing Council contract #80914, Gasoline and same is
hereby ratified and approved.
R 38-2014 RESOLUTION OF THE BOROUGH OF MADISON RATIFYING THE
AWARD OF A PURCHASE ORDER/CONTRACT TO TREE KING FOR TREE
REMOVAL SERVICES UNDER THE MORRIS COUNTY COOPERATIVE
CONTRACT
WHEREAS, the Borough of Madison desires to ratify an award of a
purchase/order contract for Tree Removal services to an authorized vendor under
the Morris County Co-Operative Pricing Council program; and
WHEREAS, the purchase of goods and services by a local contracting unit is
authorized by the Local Public Contracts Law, N.J.S.A. 40A:11-10, et seq.; and
WHEREAS, Tree King, Inc. of Landing, New Jersey has been awarded
Morris County Co-Operative Pricing Council Contract Number 18, Tree Removal;
and
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Regular Meeting Minutes – January 13, 2014
WHEREAS, the Superintendent of Public Works has recommended that the
Borough Council utilize this contract for the purchase of Tree Removal services in
the amount of $42,000.00; and
WHEREAS, the Chief Financial Officer has attested that funds are available
in an amount not to exceed $42,000.00 for this purpose, which are in the 2014
Shade Tree Department Budget #303, account 214. This is contingent upon the
adoption of the 2014 Municipal Budget.
NOW, THEREFORE, BE IT RESOLVED by the Council of the Borough of
Madison, in the County of Morris and State of New Jersey, that a purchase
order/contract be awarded to Tree King, Inc. of Landing, New Jersey for the
purchase of Tree Removal services, at a total price not to exceed $42,000.00 under
the Morris County Co-Operative Pricing Council Contract Number 18, Tree Removal
and same is hereby ratified and approved.
R 39-2014 RESOLUTION OF THE BOROUGH OF MADISON RATIFYING THE
AWARD OF A PURCHASE ORDER/CONTRACT TO RIGGINS, INC. OF
MILLVILLE, NEW JERSEY FOR ULTRA LOW SULFUR DIESEL FUEL UNDER
THE NEW JERSEY STATE COOPERATIVE CONTRACT
WHEREAS, the Borough of Madison desires to ratify an award of a
purchase/order contract for Ultra Low Sulfur Diesel Fuel to an authorized vendor
under the State Co-Operative Pricing Council program; and
WHEREAS, the purchase of goods and services by a local contracting unit is
authorized by the Local Public Contracts Law, N.J.S.A. 40A:11-10, et seq.; and
WHEREAS, Riggins, Inc. of Millville, New Jersey has been awarded the
State Co-Operative Pricing Council Contract #82763 for Ultra Low Sulfur Diesel Fuel
and
WHEREAS, the Superintendent of Public Works has recommended that the
Borough Council utilize this contract for the purchase of Ultra Low Sulfur Diesel Fuel
in the amount of $100,000.00; and
WHEREAS, the Chief Financial Officer has attested that funds are available
in an amount not to exceed $100,000.00 for this purpose, which are in the 2014
Gasoline Budget# 460, account 421. This is contingent upon the adoption of the
2014 Municipal Budget.
NOW, THEREFORE, BE IT RESOLVED by the Council of the Borough of
Madison, in the County of Morris and State of New Jersey, that a purchase
order/contract be awarded to Riggins, Inc. of Millville, New Jersey, for Ultra Low
Sulfur Diesel Fuel, at a total price not to exceed $100,000.00 under the New Jersey
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Regular Meeting Minutes – January 13, 2014
State Co-Operative Pricing Council Contract #82763 Ultra Low Sulfur Diesel Fuel
and same is hereby ratified and approved.
R 40-2014 RESOLUTION OF THE BOROUGH OF MADISON RATIFYING THE
AWARD OF A PURCHASE ORDER/CONTRACT FOR SALT TO ATLANTIC SALT
OF LOWELL, MA, UNDER THE SOMERSET COUNTY COOPERATIVE PRICING
COUNCIL PROGRAM
WHEREAS, the Borough of Madison desires to ratify an award of a
purchase/order contract for salt to an authorized vendor under the Somerset County
Co-Operative Pricing Council program; and
WHEREAS, the purchase of goods and services by a local contracting unit is
authorized by the Local Public Contracts Law, N.J.S.A. 40A:11-10, et seq.; and
WHEREAS, Atlantic Salt of Lowell, MA, has been awarded Somerset County
Co-Operative Pricing Council Contract cc-54-12 for the purchase of salt; and
WHEREAS, the Superintendent of Public Works has recommended that the
Borough Council utilize this contract for the purchase of salt in the amount of
$113,000.00; and
WHEREAS, the Chief Financial Officer has attested that funds are available
in an amount not to exceed $113,000.00 for this purpose, which is in the 2014
Public Works Department #300, account 435. This is contingent upon the adoption
of the 2014 Municipal Budget.
NOW, THEREFORE, BE IT RESOLVED by the Council of the Borough of
Madison, in the County of Morris and State of New Jersey, that a purchase
order/contract be awarded to Atlantic Salt of Lowell, MA for the purchase of salt at a
total price not to exceed $113,000.00 under the Somerset County Co-Operative
Pricing Council Contract cc-54-12 and same is hereby ratified and approved.
R 41-2014 RESOLUTION OF THE BOROUGH OF MADISON APPOINTING
KATHLEEN PLUMBO TO THE POSITION OF PART-TIME CLERK IN THE TAX
COLLECTORS OFFICE
WHEREAS, the Tax Collector recommends the appointment of Kathleen
Plumbo to the position of Part Time Clerk in the Tax Collector’s office, effective
January 14, 2014; and
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 Kathleen Plumbo is
hereby appointed to the position of Part Time Clerk in the Tax Collector’s office,
effective January 14, 2014; and
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Regular Meeting Minutes – January 13, 2014
BE IT FURTHER RESOLVED, that Kathleen Plumbo be compensated at the
hourly rate of $14.00 per hour.
R 42-2014 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING
SETTLEMENT OF THE 2010, 2011, 2012 AND 2013 TAX APPEALS ENTITLED
PLANET M.S.C., LLC V. BOROUGH OF MADISON, DOCKET NOS. : 009523-
2010, 005260-2011, 008246-2012 AND 002953-20123 OF THE TAX
ASSESSMENT OF BLOCK 2401, LOT 4, KNOWN AS 233-237 MAIN STREET, IN
THE BOROUGH OF MADISON, MORRIS COUNTY, NEW JERSEY
WHEREAS, an appeal of the real property tax assessment for tax years
2010, 2011, 2012 and 2013 involving Block 2401, Lot 4, has been filed by the
Taxpayer, Planet M.S.C., LLC; and
WHEREAS, the proposed Stipulation of Settlement, a copy of which is
incorporated as if set forth at length herein, 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.
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. Settlement of the 2010 tax appeal is hereby authorized as follows:
233-237 Main Street
Year 2010
Original Assessment County Board Judgment Settlement Amount
Land: $1,690,000 N/A $ 1,690,000
Imprvts: $ 689,600 N/A $ 689,600
Total: $ 2,379,600 N/A $ 2,379,600
2. Settlement of the 2011 and 2012 tax appeals is hereby authorized as
follows:
233-237 Main Street
Year 2011, 2012
Original Assessment County Board Judgment Settlement Amount
Land: $1,690,000 N/A $ 1,690,000
Imprvts: $ 689,600 N/A $ 389,600
Total: $ 2,379,600 N/A $ 2,079,600
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Regular Meeting Minutes – January 13, 2014
3. Settlement of the 2013 tax appeal is hereby authorized as follows:
233-237 Main Street
Year 2013
Original Assessment County Board Judgment Settlement Amount
Land: $ 2,535,000 N/A $ 2,535,000
Imprvts: $ 1,062,400 N/A $ 1,062,400
Total: $ 3,597,400 N/A $ 3,597,400
4. All Borough 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 43-2014 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING A
SHARED SERVICE AGREEMENT WITH THE BOROUGH OF KENILWORTH TO
PROVIDE INFORMATION TECHNOLOGY SERVICES
WHEREAS, the Borough of Kenilworth and the Borough of Madison have
agreed to enter into a Shared Services agreement for the provision of Information
Technology Support Services, wherein Madison will provide the Borough of
Kenilworth with up to six (6) hours of IT Support Services per day, subject to existing
work load obligations, not to exceed twenty (20) hours per month, nor 250 hours
annually at an hourly rate of $66.00, for a total amount not to exceed $16,500.00;
and
WHEREAS, the Madison Borough Council has reviewed the proposed
agreement.
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 with the
Borough of Kenilworth for the provision of Information Technology Support Services,
such agreement to be in a form approved by the Madison Borough Attorney.
R 44-2014 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING A
SHARED SERVICE AGREEMENT WITH THE BOROUGH OF CHATHAM TO
PROVIDE INFORMATION TECHNOLOGY SERVICES
WHEREAS, the Borough of Chatham and the Borough of Madison entered
into a Shared Services agreement for the provision of Information Technology
Support Services, approved by the Madison Borough Council on May 13, 2013,
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Regular Meeting Minutes – January 13, 2014
wherein Madison provides the Borough of Chatham with up to six (6) hours of IT
Support Services per day, subject to existing work load obligations, not to exceed
twenty (20) hours per month, nor 250 hours annually, at an hourly rate of $66.00, for
a total amount not to exceed $16,500.00; and
WHEREAS, the Madison Borough Council has determined to renew said
shared services agreement.
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 with the
Borough of Chatham for the provision of Information Technology Support Services,
such agreement to be in a form approved by the Madison Borough Attorney.
R 45-2014 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING A
SHARED SERVICE AGREEMENT WITH THE TOWNSHIP OF BERKELEY
HEIGHTS TO PROVIDE INFORMATION TECHNOLOGY SERVICES
WHEREAS, the Township of Berkeley Heights and the Borough of Madison
entered into a Shared Services agreement for the provision of Information
Technology Support Services, approved by the Madison Borough Council on May
13, 2013, wherein Madison provides the Township of Berkeley Heights with up to six
(6) hours of IT Support Services per day, subject to existing work load obligations,
not to exceed twenty (20) hours per month, nor 250 hours annually, at an hourly rate
of $66.00, for a total amount not to exceed $16,500.00; and
WHEREAS, the Madison Borough Council has determined to renew said
shared services agreement.
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 with the
Township of Berkeley Heights for the provision of Information Technology Support
Services, such agreement to be in a form approved by the Madison Borough
Attorney.
R 46-2014 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING
SETTLEMENT AGREEMENT WITH THE FAIRLEIGH DICKINSON UNIVERSITY
WHEREAS, Fairleigh Dickinson University (“FDU”) is the owner of property
located on Madison Avenue, Lot 6, Block 101, as shown on the official tax map of
the Borough of Madison; and
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Regular Meeting Minutes – January 13, 2014
WHEREAS, the Borough has negotiated a settlement agreement with FDU
to resolve all tax appeal and exemption issues pending; and
WHEREAS, settlement of said matter is in the best interest of the University
and Borough of Madison.
NOW, THEREFORE, BE IT RESOLVED, by the Council of the Borough of
Madison, in the County of Morris, State of New Jersey that the Mayor and the
Borough Clerk are authorized to sign an agreement in a form approved by the
Borough Attorney and/or Special Counsel.
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 $51,251.28
Health & Public Assistance 5,846.26
Public Works & Engineering 378,017.69
Community Affairs 3,357.69
Finance & Borough Clerk 4,498,261.63
Utilities 310,079.76
Total $5,246,814.31
The following roll call vote was recorded approving the aforementioned vouchers:
Yeas: Mr. Catalanello, Mr. Landrigan, Mrs. Vitale, Mr. Wolkowitz, Mr. Rowe
Nays: None
Absent: Ms. Baillie
NEW BUSINESS
Mayor Conley announced the following appointments and requested Council
confirmation:
STRATEGIC PLANNING COMMITTEES
Chairpersons for a one-year term through December 31, 2014
Bruce Galton – Capital Budgeting
Martin Barbaro – Electric Utility
Tom Bintinger – Municipal Budget
Maureen Byrne - Operations
Mrs. Vitale moved confirmation of the foregoing appointments. Mr. Wolkowitz
seconded the motion, which passed with the following roll call vote recorded:
Yeas: Mr. Catalanello, Mr. Landrigan, Mrs. Vitale, Mr. Wolkowitz, Mr. Rowe
Nays: None
Absent: Ms. Baillie
PAGE 14 OF 15
Regular Meeting Minutes – January 13, 2014
BY-LAWS REVIEW COMMITTEE
Mr. Catalanello, Mr. Landrigan and Mrs. Vitale.
Mr. Rowe moved confirmation of the foregoing appointments. Mr. Wolkowitz
seconded the motion, which passed with the following roll call vote recorded:
Yeas: Mr. Catalanello, Mr. Landrigan, Mrs. Vitale, Mr. Wolkowitz, Mr. Rowe
Nays: None
Absent: Ms. Baillie
ADJOURN
There being no further business to come before the Council, the meeting was
adjourned at 10:50 p.m.
Respectfully submitted,
Elizabeth Osborne
Borough Clerk
Approved February 24, 2014 (EO)
PAGE 15 OF 15
Agenda
MAYOR AND COUNCIL
REGULAR MEETING AGENDA
JANUARY 13, 2014
Part 1
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 JANUARY 13, 2014
7. PLEDGE OF ALLEGIANCE
8. MINUTES FOR APPROVAL- none
9. GREETING TO PUBLIC
Oath of Office Probationary Police Officers – Oath Administered by Mayor Conley
Oath of Office Volunteer Fire Fighters – Oath Administered by Mayor Conley
R 33-2014 RESOLUTION OF THE BOROUGH OF MADISON
CONFIRMING MEMBERSHIP OF KENNETH SYCH AND THOMAS
SYCH IN THE MADISON HOSE COMPANY NO.1, INC.
Madison High School Girls Field Hockey Team-Morris County and the
NJAC Independence Division Champions
10. REPORTS FROM COMMITTEES
Health Robert Landrigan/Astri J. Baillie
Public Works and Engineering Robert Catalanello/ Carmela Vitale
Utilities Carmela Vitale/Patrick Rowe
Public Safety Astri J. Baillie/Benjamin Wolkowitz
Finance and Borough Clerk Benjamin Wolkowitz/Robert Landrigan
Community Affairs Patrick Rowe/Robert Catalanello
11. COMMUNICATIONS AND PETITIONS
12. INVITATION FOR DISCUSSION (1 of 2)
13. AGENDA DISCUSSIONS
01/13/2014-1 2014 MUNICIPAL BUDGET SCHEDULE
01/13/2014-2 2014 CAPITAL BUDGET INTRODUCTION
01/13/2014-3 COUNCIL BY-LAWS REVIEW COMMITTEE
LAST PRINTED 1/13/2014 10:16:00 AM1
MAYOR AND COUNCIL MEETING AGENDA – JANUARY 13, 2014
14. ORDINANCES FOR HEARING- none
15. INVITATION FOR DISCUSSION (2 of 2)
16. INTRODUCTION OF ORDINANCES- none
17. CONSENT AGENDA RESOLUTIONS
R 34-2014 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZE THE
SUBMISSION OF THE GRANT EXTENSION FOR THE 2014 MADISON MUNICIPAL
ALLIANCE GRANT
R 35-2014 RESOLUTION OF THE BOROUGH OF MADISON APPROVING THEATER
LICENSE FOR BOW TIE CINEMAS FOR 2014
R 36-2014 RESOLUTION OF THE BOROUGH OF MADISON AWARDING CONTRACT TO
DUECO INSIDE SALES OF WAUKESHA, WI FOR ONE (1) NEW UNUSED
DIGGER/DERRICK TRUCK AND CHASSIS FOR THE ELECTRIC UTILITY DEPARTMENT IN
THE AMOUNT OF $186,117.00
R 37-2014 RESOLUTION OF THE BOROUGH OF MADISON RATIFYING THE AWARD OF
A PURCHASE ORDER/CONTRACT TO ALLIED OIL, LLC FOR THE PURCHASE OF
GASOLINE UNDER THE NEW JERSEY STATE COOPERATIVE CONTRACT #80914,
GASOLINE
R 38-2014 RESOLUTION OF THE BOROUGH OF MADISON RATIFYING THE AWARD OF
A PURCHASE ORDER/CONTRACT TO TREE KING FOR TREE REMOVAL SERVICES
UNDER THE MORRIS COUNTY COOPERATIVE CONTRACT
R 39-2014 RESOLUTION OF THE BOROUGH OF MADISON RATIFYING THE AWARD OF
A PURCHASE ORDER/CONTRACT TO RIGGINS, INC. OF MILLVILLE, NEW JERSEY FOR
ULTRA LOW SULFUR DIESEL FUEL UNDER THE NEW JERSEY STATE COOPERATIVE
CONTRACT
R 40-2014 RESOLUTION OF THE BOROUGH OF MADISON RATIFYING THE AWARD OF
A PURCHASE ORDER/CONTRACT FOR SALT TO ATLANTIC SALT OF LOWELL, MA,
UNDER THE SOMERSET COUNTY COOPERATIVE PRICING COUNCIL PROGRAM
R 41-2014 RESOLUTION OF THE BOROUGH OF MADISON APPOINTING KATHLEEN
PLUMBO TO THE POSITION OF PART-TIME CLERK IN THE TAX COLLECTORS OFFICE
R 42-2014 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING
SETTLEMENT OF THE 2010, 2011, 2012 AND 2013 TAX APPEALS ENTITLED PLANET
M.S.C., LLC V. BOROUGH OF MADISON, DOCKET NOS. : 009523-2010, 005260-2011,
008246-2012 AND 002953-20123 OF THE TAX ASSESSMENT OF BLOCK 2401, LOT 4,
KNOWN AS 233-237 MAIN STREET, IN THE BOROUGH OF MADISON, MORRIS COUNTY,
NEW JERSEY
18. Unfinished Business
19. Approval of Vouchers
20. New Business
Strategic Planning Committee
21. Adjournment
LAST PRINTED 1/13/2014 10:16:00 AM Page 2
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