Mayor & Council

MINUTES OF A REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF MADISON April 28, 2014 - 7 p.m. CALL TO ORDER The Regular Meeting of the Mayor and Council of the Borough of Madison was held on the 28th day of April, 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 Astri J. Baillie Benjamin Wolkowitz Patrick W. Rowe 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 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 (7) GREEN VILLAGE ROAD SCHOOL PROPERTY IBEW NEGOTIATIONS JOINT MEETING Regular Meeting Minutes – April 28, 2014 80 GREEN VILLAGE ROAD-EASEMENT LVJJ INVESTMENTS, LLC EI ASSOCIATES FIRST OCCUPATIONAL RECYCLING & WASTE, INC. Date of public disclosure 60 days after conclusion, if disclosure required. PERSONNEL MATTERS (3) SUMMER INTERNS – ENGINEERING, PUBLIC WORKS SPECIAL LEGAL COUNSEL NON UNION FULL TIME EMPLOYEES Date of public disclosure 90 days after conclusion, if disclosure required. POTENTIAL LITIGATION (2) AGREEMENT TO RESOLVE DIFFERENCES OMEGA SERVICES MAINTENANCE CORP. 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 8:15 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 Mayor Conley made the following comments: Mayor Conley welcomed back Borough Administrator Ray Codey, and thanked Mr. Burnet for filling in in Mr. Codey’s absence. Mayor Conley noted that the annual Green Fair will be held this Thursday, May 1, 2014. Mayor Conley noted that May 7th is National Ride Your Bike to School Day and asked able residents to participate. Mayor Conley presented a proclamation to Mrs. Osborne in celebration of Municipal Clerk’s Week. Members of the Madison Garden Club presented an award to Public Works Superintendent David Maines and the staff of the Public Works Department to thank them for their efforts in supporting the work of the Garden Club. Mayor Conley, along with Mara Johnson of the Downtown Development Commission, presented annual May Day Awards to the following residents: To former Mayor Gary Ruckelshaus and Richard Romano for their efforts in maintaining the beautiful grounds at the Madison Train Station and to Melissa Cottrell who, along with the Girl Scouts, helps maintain the lot at the Madison Volunteer Ambulance Corp. The Council thanked all volunteers for their efforts. Mayor Conley also recognized this year’s tee-shirt artist, Malia Nugent. REPORTS OF COMMITTEES Health PAGE 2 OF 29 Regular Meeting Minutes – April 28, 2014 Mr. Landrigan of the Committee made the following comments: The Madison Health Department will hold female cancer screening clinics and interested resident should contact the Health Department for an appointment. Public Works and Engineering Mr. Catalanello, Chair of the Committee, made the following comments: The Department of Public Works continues work hard filling pot holes. Work has been completed on the upgrades to the Treadwell pump station and new generators will be installed. The Madison Athletic Foundation is conducting a 50/50 raffle which will be drawn this Saturday, May 3rd and tickets are still available. Utilities Mrs. Vitale, Chair of the Committee, made the following comments: The Electric Department staff has completed reconstruction of primary distribution on Pine Drive and secondary service on Canterbury Road. New outlets have been installed at the Waverly lantern and manhole cover has been replaced on Waverly Place. Poles have been removed from the former Green Village Road School property. Public Safety Ms. Baillie, Chair of the Committee, made the following comments: The Madison Fire Department responded to 16 general alarms and 12 still alarms in the month of April, as well as 35 medical calls. The Fire Department also held two drills. The Complete Streets Committee met with Sgt Joseph Longo and Chad Rybka to discuss areas of concern to pedestrians in the Borough. Finance and Borough Clerk Mr. Wolkowitz, Chair of the Committee, made the following comments: Due to the loss of North Stars Athletic Club as a polling location, Districts 2, 4, and 10 are being relocated. Postcards will be mailed to voters in early May. Late Night Voter Registration for the June Primary Election is scheduled for May 13th, which is the last day to register to be eligible to vote. The Clerk’s Office will be open until 8:00 p.m. Any resident interested in becoming a Poll Worker for elections should contact the Borough Clerk. Mr. Wolkowitz noted that the annual audit is underway and the newly formed Audit Committee will soon meet with the Auditors. At this time, three of the Borough labor unions have settled contract negotiations, including the PBA, Teamsters and the IBEW. On May 15th the Morris County Board of Taxation will hear from 36 Madison residents who filed appeals. Mr. Wolkowitz noted that the Madison Athletic Foundation and the Open Space Advisory Committee will present their quarterly reports. Community Affairs Mr. Rowe, Chair of the Committee, made the following comments: The Senior Center’s annual Spring Luncheon was held on April 23. Forty people attended, including our volunteer tax counselors. It was noted that Madison is the only community in the county to honor their volunteers with a luncheon, which may account for the unusually high retention rate that we have. This coming Saturday is May Day and volunteers are still needed. Please contact Lisa Ellis or Mara Johnson if you are interested and able to help with this great effort. Sidewalk Sounds begins this Thursday. For the next 20 weeks there will be musical performances in downtown on Thursday evenings and weekends. The Recreation Advisory Committee held a final discussion on background checks and coach training. The Council should have something to vote on in May or June. Mr. Rowe noted discussion on the condition of the fields at Bayley Ellard. The Recreation Advisory PAGE 3 OF 29 Regular Meeting Minutes – April 28, 2014 Committee agreed that that they would look to take the field out of service next spring to allow for significant work to be done. 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. Sharad Gupta; Buckingham Drive, thanked Sgt. Joseph Longo for his help regarding parking on Burnet Road during school and sporting events, and urged Council to introduce an ordinance addressing this problem Richard Taylor; Burnet Road, noted his difficulty parking at his residents during school and sport events at the Madison High School and asked Council to amend current parking regulations. Sam Cerciello; Park Avenue, asked for clarification of several proposed resolutions, including a memorandum of agreement with the IBEW union, and special counsel for the GRVS property redevelopment. AGENDA DISCUSSIONS 04/28/2014-1 AMENDING CHAPTER 185 OF THE BOROUGH CODE TO PROHIBIT PARKING ON THE SOUTH SIDE OF BURNET ROAD DURING HIGH SCHOOL AND SPORTS EVENTS Ms. Baillie noted the Traffic Safety Officer’s recommendation to amend parking regulations along Burnet Road during school and sporting events, due to safety concerns. Ordinance 10-2014 is listed for introduction. 04/28/2014-2 APPROPRIATION OF $11,000.00 FROM THE GENERAL CAPITAL IMPROVEMENT FUND FOR THE PURCHASE OF FOUR SETS OF FIREFIGHTER TURNOUT GEAR There was no objection to Fire Chief Louie DeRosa’s recommendation to appropriate funds for additional firefighter turnout gear. Ordinance 9-2014 is listed for introduction. 04/28/2014-3 APPROPRIATION OF $57,000.00 FROM THE GENERAL CAPITAL IMPROVEMENT FUND FOR PURCHASE OF NEW 4x4 PICKUP TRUCK FOR THE FIRE DEPARTMENT There was no objection to Fire Chief Louie DeRosa’s recommendation to appropriate funds for the purchase of a new 4 x 4 pickup truck for the Fire Department. PAGE 4 OF 29 Regular Meeting Minutes – April 28, 2014 Ordinance 8-2014 is listed for introduction. 04/28/2014-4 APPROPRIATION OF $65,000.00 FROM THE ELECTRIC CAPITAL IMPROVEMENT FUND FOR THE PURCHASE OF TWO PAD MOUNT TRANSFORMERS FOR THE NORTH STREET SEWER & WATER PUMP STATIONS There was agreement to list an ordinance for introduction to appropriate $65,000.00 for the purchase of two pad mount transformers for the North Street Sewer and Water pump stations. Ordinance 12-2014 is listed for introduction. 04/28/2014-5 APPROPRIATION OF $30,000.00 FROM THE ELECTRIC CAPITAL IMPROVEMENT FUND FOR THE PURCHASE OF A NEW ¾ TON PICK- UP TRUCK There was agreement to list an ordinance for introduction to appropriate $30,000.00 for the purchase of a new ¾ ton pick-up truck. Ordinance 13-2014 is listed for introduction. 04/28/2014-6 APPROPRIATION OF $25,000.00 FROM THE ELECTRIC CAPITAL IMPROVEMENT FUND FOR THE PURCHASE OF NEW BATTERY BANKS AT THE KINGS ROAD AND JAMES PARK SUBSTATIONS There was agreement to list an ordinance for introduction appropriating $25,000.00 for the purchase of new battery banks at the Kings Road and James Park substations. Ordinance 14-2014 is listed for introduction. 04/28/2014-7 APPROPRIATION OF $30,000.00 FROM THE ELECTRIC CAPITAL IMPROVEMENT FUND FOR THE PURCHASE OF A NEW FIBER-OPTIC PILOT RELAY SYSTEM There was agreement to list an ordinance for introduction to appropriate $30,000.00 from the Capital Improvement Fund for the purchase of a new fiber optic pilot relay system. Ordinance 15-2014 is listed for introduction. 04/28/2014-8 APPROPRIATION OF $10,000.00 FROM THE WATER CAPITAL IMPROVEMENT FUND FOR WELL UPGRADES There was agreement to list an ordinance for introduction to appropriate $10,000.00 for well upgrades as recommended by Public Works Superintendent David Maines. Ordinance 16-2014 is listed for introduction. 04/28/2014-9 APPROPRIATION OF $80,000.00 FROM THE WATER CAPITAL IMPROVEMENT FUND FOR THE PURCHASE OF A NEW GENERATOR AT WELL E There was agreement to list an ordinance for introduction to appropriate $80,000.00 for a new generator at Well E. Ordinance 17-2014 is listed for introduction. PAGE 5 OF 29 Regular Meeting Minutes – April 28, 2014 04/28/2014-10 APPROPRIATION OF $130,000.00 FROM THE WATER CAPITAL IMPROVEMENT FUND FOR THE PURCHASE OF A BACK HOE AT THE DPW GARAGE There was agreement to list an ordinance for introduction to appropriate $130,000.00 for the purchase of a back hoe to be use by the Department of Public Works. Ordinance 18-2014 is listed for introduction. 04/28/2014-11 APPROPRIATION OF $160,000.00 FROM THE GENERAL CAPITAL IMPROVEMENT FUND FOR THE PURCHASE OF A LIFT REPLACEMENT FOR THE MECHANICS DEPARTMENT There was agreement to list an ordinance for introduction to appropriate $160,000.00 for the purchase of a lift replacement as recommended by Public Works Superintendent David Maines. Ordinance 19-2014 is listed for introduction. 04/28/2014-12 APPROPRIATION OF $30,000.00 FROM THE GENERAL CAPITAL IMPROVEMENT FUND FOR THE PURCHASE OF A POLE BARN FOR STORAGE AT THE DPW GARAGE There was agreement to list an ordinance for introduction to appropriate $30,000.00 for the purchase of a pole barn at the DPW garage. Ordinance 20-2014 is listed for introduction. 04/28/2014-13 APPROPRIATION OF $160,000.00 FROM THE GENERAL CAPITAL IMPROVEMENT FUND FOR THE PURCHASE OF A NEW LOADER There was agreement to list an ordinance for introduction to appropriate $160,000.00 for the purchase of a new loader as recommended by Public Works Superintendent David Maines. Ordinance 21-2014 is listed for introduction. 04/28/2014-14 APPROPRIATION OF $8,000.00 FROM THE GENERAL CAPITAL IMPROVEMENT FUND TO REPLACE THE FLOOR AT THE CIVIC CENTER There was agreement to list an ordinance for introduction to appropriate $8,000.00 to replace the floor at the Madison Civic Center. Ordinance 22-2014 is listed for introduction. 04/28/2014-15 APPROPRIATION OF $450,000.00 FROM THE GENERAL CAPITAL IMPROVEMENT FUND FOR REPLACEMENT OF THE HVAC SYSTEM AT THE MADISON PUBLIC LIBRARY Library Director Nancy Adamczyk addressed the Council noting the need for replacement of the HVAC system at the Public Library. There was no objection to listing an ordinance for introduction. Ordinance 23-2014 is listed for introduction. ADVERTISED HEARINGS The Clerk made the following statement: PAGE 6 OF 29 Regular Meeting Minutes – April 28, 2014 The ordinances scheduled for hearing tonight was submitted in writing at a Regular meeting of the Mayor and Council held on Friday, April 11, 2014, was introduced by title and passed on first reading, was published in the Madison Eagle and made available to members of the general public requesting same. Mayor Conley called up Ordinance 7-2014 for second reading and asked the Clerk to read said ordinances by title: ORDINANCE 7-2014 ORDINANCE OF THE BOROUGH OF MADISON ADOPTING AN AMENDED REDEVELOPMENT PLAN IN ACCORDANCE WITH N.J.S.A. 40A:12A-7 WHEREAS, on August 22, 2011, the Mayor and Council adopted Resolution No. 192-2011 which determined a certain delineated area to be a “Redevelopment Area” as defined in N.J.S.A. 40A:12A-3; and WHEREAS, pursuant to Ordinance 32-2011, the Mayor and Council adopted a plan for redevelopment of the Redevelopment Area entitled the “Green Village School Redevelopment Plan;” and WHEREAS, the Borough’s Planner has proposed revisions to the Green Village School Redevelopment Plan by way of an amendment to the Green Village School Redevelopment Plan dated April 2014 (the “April 2014 Amended Green Village School Redevelopment Plan” or “Amended Plan”), which will supersede the aforementioned Green Village School Redevelopment Plan; and WHEREAS, on April 11, 2014, the Mayor and Council, by Resolution No. 127-2014, referred the proposed Amended Plan to the Madison Planning Board, pursuant to N.J.S.A. 40A:12A-7, for review and report thereon; and WHEREAS, the proposed Amended Plan meets all of the requirements of N.J.S.A. 40A:12A-7; and WHEREAS, the area governed by the Amended Plan is the same as defined in Resolution No. 192-2011. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Borough of Madison, County of Morris, State of New Jersey, that the “April 2014 Amended Green Village School Redevelopment Plan” is hereby adopted and it shall replace and supersede the previous Plan adopted by Ordinance 32-2011. Mr. Rowe moved that Ordinance 7-2014, which was read by title, be tabled. Mr. Wolkowitz seconded the motion. Mr. Codey explained that the proposed redevelopment ordinance will be tabled at this time. 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. Rowe Nays: None PAGE 7 OF 29 Regular Meeting Minutes – April 28, 2014 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. Richard Zipper; Green Village Road, asked that Council members speak directly into the microphone as it is difficult to hear discussions broadcast on Cable television. Mr. Zipper raised concern regarding the fence at the entrance to the Community Gardens, noting bad access from Burnet Road. Sam Cerciello; Park Avenue, asked for clarification of a Florham Park development ordinance, and the potential impact on the Borough of Madison. Joseph Balwierczak; Beech Avenue, raised concern regarding proposed development along Park Avenue and the potential impact on area neighborhoods. INTRODUCTION OF ORDINANCES The Clerk made the following statement: Ordinances scheduled for introduction and first reading tonight will have a hearing during the meeting of May 12, 2014 in the 2nd Floor Council Chamber of the Hartley Dodge Memorial Building, Kings Road, in the Borough of Madison at 8 p.m., or as soon thereafter as practical, for further consideration and final adoption. Said ordinances will be published in the Madison Eagle, be posted at the main entrance to the Borough offices and be made available to members of the public requesting same, as required by law. Mayor Conley called up Ordinances for first reading and asked the Clerk to read said ordinance by title: ORDINANCE 8-2014 ORDINANCE OF THE BOROUGH OF MADISON APPROPRIATING $57,000.00 FROM THE GENERAL CAPITAL IMPROVEMENT FUND TO PURCHASE ONE PICKUP TRUCK WHEREAS, the Fire Chief has recommended that the Borough appropriate $57,000.00 from the General Capital Improvement Fund to purchase one pickup truck for use by the Fire Department; and WHEREAS, the Chief Financial Officer has attested to the availability of the funds in the General Capital Improvement Fund in an amount not to exceed $57,000.00 for this purpose; and WHEREAS, the Borough Council has determined that the Borough should appropriate $57,000.00 from the General Capital Improvement Fund to purchase one pickup truck. NOW, THEREFORE, BE IT ORDAINED by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, as follows: PAGE 8 OF 29 Regular Meeting Minutes – April 28, 2014 SECTION 1: The amount of $57,000.00 is hereby appropriated from the General Capital Improvement Fund to purchase one pickup truck. SECTION 2: The budget of the Borough is hereby amended to conform with the provisions of this Ordinance. SECTION 3: This Ordinance shall take effect as provided by law. Ms. Baillie moved that Ordinance 8-2014, which the Borough Clerk read by title, be adopted. Mr. Wolkowitz seconded the motion. There was no Council discussion, and the motion passed with the following roll call vote recorded: Yeas: Mr. Catalanello, Mr. Landrigan, Mrs. Vitale, Ms. Baillie, Mr. Wolkowitz, Mr. Rowe Nays: None ORDINANCE 9-2014 ORDINANCE OF THE BOROUGH OF MADISON APPROPRIATING $11,000.00 FROM THE GENERAL CAPITAL IMPROVEMENT FUND TO PURCHASE FOUR SETS OF FIREFIGHTER TURNOUT GEAR WHEREAS, the Fire Chief has recommended that the Borough appropriate $11,000.00 from the General Capital Improvement Fund to purchase four (4) sets of turnout gear for use by the Fire Department; and WHEREAS, the Chief Financial Officer has attested to the availability of the funds in the General Capital Improvement Fund in an amount not to exceed $11,000.00 for this purpose; and WHEREAS, the Borough Council has determined that the Borough should appropriate $11,000.00 from the General Capital Improvement Fund to purchase four (4) sets of turnout gear. NOW, THEREFORE, BE IT ORDAINED by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, as follows: SECTION 1: The amount of $11,000.00 is hereby appropriated from the General Capital Improvement Fund to purchase four (4) sets of turnout gear. SECTION 2: The budget of the Borough is hereby amended to conform with the provisions of this Ordinance. SECTION 3: This Ordinance shall take effect as provided by law. Ms. Baillie moved that Ordinance 9-2014, which the Borough Clerk read by title, be adopted. Mr. Wolkowitz seconded the motion. There was no Council discussion, and the motion passed with the following roll call vote recorded: PAGE 9 OF 29 Regular Meeting Minutes – April 28, 2014 Yeas: Mr. Catalanello, Mr. Landrigan, Mrs. Vitale, Ms. Baillie, Mr. Wolkowitz, Mr. Rowe Nays: None ORDINANCE 10-2014 ORDINANCE OF THE BOROUGH OF MADISON AMENDING SECTION 185-29 OF THE BOROUGH CODE TO PROHIBIT PARKING ON THE SOUTH SIDE OF BURNET ROAD DURING SCHOOL AND SPORTING EVENTS WHEREAS, the Chief of Police has recommend there be no parking on the South Side of Burnet Road for the entire length, during school hours of Madison High School and during sporting events of Madison High School; and WHEREAS, the Borough Council has determined that Chapter 185 of the Madison Borough Code entitled “Vehicles and Traffic” should be amended in order to implement this change. NOW, THEREFORE, BE IT ORDAINED, by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, as follows: Section 1: Section 185-29 of the Code of the Borough of Madison entitled “Schedule I: No Parking”, is hereby amended to include the following: Name of Street Sides Location Burnet Road South From Ridgedale Avenue to Chateau Thierry Avenue The No parking restrictions will apply during the school year, during school hours and sporting events at held Madison High School Section 2: This Ordinance shall take effect as provided by law. Ms. Baillie moved that Ordinance 10-2014, which the Borough Clerk read by title, be adopted. Mr. Wolkowitz seconded the motion. There was no Council discussion, and the motion passed with the following roll call vote recorded: Yeas: Mr. Catalanello, Mr. Landrigan, Mrs. Vitale, Ms. Baillie, Mr. Wolkowitz, Mr. Rowe Nays: None PAGE 10 OF 29 Regular Meeting Minutes – April 28, 2014 ORDINANCE 11-2014 ORDINANCE OF THE BOROUGH OF MADISON REPLACING ORDINANCE 5-2008 SETTING THE SALARY RANGES FOR NON-UNION FULL-TIME EMPLOYEES WHEREAS, the Borough Council has determined to establish one ordinance setting salary ranges for non-union full-time employees. NOW, THEREFORE, BE IT ORDAINED by the Council of the Borough of Madison, County of Morris, State of New Jersey, as follows: Section 1. Ordinance 5-2008 setting the salary ranges for non-union full- time employees is hereby replaced with the following: TITLE MINIMUM MARKET MAXIMUM VALUE Borough Administrator $132,270 $155,612 $178,954 Chief of Police/Fire Chief 122,445 144,053 165,660 Chief Financial Officer 108,316 127,430 146,545 Municipal Engineer 107,308 126,246 145,183 Superintendent of Public Works 94,138 110,750 127,362 Electric Utility Superintendent 94,138 110,750 127,362 Assistant Borough Administrator 95,000 105,000 115,000 Tax Assessor 82,823 97,439 112,055 Borough Clerk 78,118 91,903 105,688 Director of Technology 68,000 80,000 92,000 Purchasing Officer 57,088 67,162 77,236 Executive Assistant 54,246 63,819 73,392 Police Office Manager 52,387 61,632 70,877 Confidential Secretary to the CFO 51,000 60,000 69,000 Deputy Borough Clerk 47,100 55,412 63,724 Confidential Secretary 45,212 53,190 61,168 Senior Dispatcher 45,933 51,592 57,252 Dispatcher 34,614 40,273 45,933 Section 2. This ordinance shall take effect as provided by law. Mr. Wolkowitz moved that Ordinance 11-2014, which the Borough Clerk read by title, be adopted. Mr. Landrigan seconded the motion. There was no Council discussion, and the motion passed with the following roll call vote recorded: Yeas: Mr. Catalanello, Mr. Landrigan, Mrs. Vitale, Ms. Baillie, Mr. Wolkowitz, Mr. Rowe Nays: None ORDINANCE 12-2014 ORDINANCE OF THE BOROUGH OF MADISON APPROPRIATING $65,000.00 FROM THE ELECTRIC CAPITAL IMPROVEMENT FUND TO PURCHASE TWO PAD MOUNT TRANSFORMERS PAGE 11 OF 29 Regular Meeting Minutes – April 28, 2014 WHEREAS, the Electric Utility Superintendent has recommended that the Borough appropriate $65,000.00 from the Electric Capital Improvement Fund to purchase two (2) pad-mount transformers for the North Street Sewer & Water Pump Stations; and WHEREAS, the Chief Financial Officer has attested to the availability of the funds in the Electric Capital Improvement Fund in an amount not to exceed $65,000.00 for this purpose; and WHEREAS, the Borough Council has determined that the Borough should appropriate $65,000.00 from the Electric Capital Improvement Fund to purchase two (2) pad-mount transformers for the North Street Sewer & Water Pump Stations. NOW, THEREFORE, BE IT ORDAINED by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, as follows: SECTION 1: The amount of $65,000.00 is hereby appropriated from the Electric Capital Improvement Fund to purchase two (2) pad-mount transformers for the North Street Sewer & Water Pump Stations. SECTION 2: The budget of the Borough is hereby amended to conform with the provisions of this Ordinance. SECTION 3: This Ordinance shall take effect as provided by law. Mrs. Vitale moved that Ordinance 12-2014, which the Borough Clerk read by title, be adopted. Mr. Rowe 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. Rowe Nays: None ORDINANCE 13-2014 ORDINANCE OF THE BOROUGH OF MADISON APPROPRIATING $30,000.00 FROM THE ELECTRIC CAPITAL IMPROVEMENT FUND TO PURCHASE A THREE QUARTER TON PICK-UP TRUCK WHEREAS, the Electric Utility Superintendent has recommended that the Borough appropriate $30,000.00 from the Electric Capital Improvement Fund to purchase a new ¾ ton pickup truck; and WHEREAS, the Chief Financial Officer has attested to the availability of the funds in the Electric Capital Improvement Fund in an amount not to exceed $30,000.00 for this purpose; and PAGE 12 OF 29 Regular Meeting Minutes – April 28, 2014 WHEREAS, the Borough Council has determined that the Borough should appropriate $30,000.00 from the Electric Capital Improvement Fund to purchase a new ¾ ton pickup truck. NOW, THEREFORE, BE IT ORDAINED by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, as follows: SECTION 1: The amount of $30,000.00 is hereby appropriated from the Electric Capital Improvement Fund to purchase a new ¾ ton pickup truck. SECTION 2: The budget of the Borough is hereby amended to conform with the provisions of this Ordinance. SECTION 3: This Ordinance shall take effect as provided by law. Mrs. Vitale moved that Ordinance 13-2014, which the Borough Clerk read by title, be adopted. Mr. Rowe 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. Rowe Nays: None ORDINANCE 14-2014 ORDINANCE OF THE BOROUGH OF MADISON APPROPRIATING $25,000.00 FROM THE ELECTRIC CAPITAL IMPROVEMENT FUND TO PURCHASE NEW BATTERY BANKS AT THE KINGS ROAD AND JAMES PARK SUBSTATIONS WHEREAS, the Electric Utility Superintendent has recommended that the Borough appropriate $25,000.00 from the Electric Capital Improvement Fund to purchase new battery banks at both the Kings Road and James Park Substations; and WHEREAS, the Chief Financial Officer has attested to the availability of the funds in the Electric Capital Improvement Fund in an amount not to exceed $25,000.00 for this purpose; and WHEREAS, the Borough Council has determined that the Borough should appropriate $25,000.00 from the Electric Capital Improvement Fund to purchase new battery banks at both the Kings Road and James Park Substations. NOW, THEREFORE, BE IT ORDAINED by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, as follows: SECTION 1: The amount of $25,000.00 is hereby appropriated from the Electric Capital Improvement Fund to purchase new battery banks at both the Kings Road and James Park Substations. PAGE 13 OF 29 Regular Meeting Minutes – April 28, 2014 SECTION 2: The budget of the Borough is hereby amended to conform with the provisions of this Ordinance. SECTION 3: This Ordinance shall take effect as provided by law. Mrs. Vitale moved that Ordinance 14-2014, which the Borough Clerk read by title, be adopted. Mr. Rowe 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. Rowe Nays: None ORDINANCE 15-2014 ORDINANCE OF THE BOROUGH OF MADISON APPROPRIATING $30,000.00 FROM THE ELECTRIC CAPITAL IMPROVEMENT FUND TO PURCHASE A NEW FIBER-OPTIC PILOT RELAY SYSTEM BETWEEN THE KINGS ROAD AND JAMES PARK SUBSTATIONS WHEREAS, the Electric Utility Superintendent has recommended that the Borough appropriate $30,000.00 from the Electric Capital Improvement Fund to purchase a fiber-optic pilot wire relay system between the Kings Road and James Park Substations; and WHEREAS, the Chief Financial Officer has attested to the availability of the funds in the Electric Capital Improvement Fund in an amount not to exceed $30,000.00 for this purpose; and WHEREAS, the Borough Council has determined that the Borough should appropriate $30,000.00 from the Electric Capital Improvement Fund to purchase a fiber-optic pilot wire relay system between the Kings Road and James Park Substations. NOW, THEREFORE, BE IT ORDAINED by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, as follows: SECTION 1: The amount of $30,000.00 is hereby appropriated from the Electric Capital Improvement Fund to purchase a fiber-optic pilot wire relay system between the Kings Road and James Park Substations. SECTION 2: The budget of the Borough is hereby amended to conform with the provisions of this Ordinance. SECTION 3: This Ordinance shall take effect as provided by law. Mrs. Vitale moved that Ordinance 15-2014, which the Borough Clerk read by title, be adopted. Mr. Rowe seconded the motion. There was no Council discussion, and the motion passed with the following roll call vote recorded: PAGE 14 OF 29 Regular Meeting Minutes – April 28, 2014 Yeas: Mr. Catalanello, Mr. Landrigan, Mrs. Vitale, Ms. Baillie, Mr. Wolkowitz, Mr. Rowe Nays: None ORDINANCE 16-2014 ORDINANCE OF THE BOROUGH OF MADISON APPROPRIATING $10,000.00 FROM THE WATER CAPITAL IMPROVEMENT FUND FOR WELL UPGRADES WHEREAS, the Public Works Superintendent has recommended that the Borough appropriate $10,000.00 from the Water Capital Improvement Fund for well upgrades; and WHEREAS, the Chief Financial Officer has attested to the availability of the funds in the Water Capital Improvement Fund in an amount not to exceed $10,000.00 for this purpose; and WHEREAS, the Borough Council has determined that the Borough should appropriate $10,000.00 from the Water Capital Improvement Fund for well upgrades. NOW, THEREFORE, BE IT ORDAINED by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, as follows: SECTION 1: The amount of $10,000.00 is hereby appropriated from the Water Capital Improvement Fund for well upgrades. SECTION 2: The budget of the Borough is hereby amended to conform with the provisions of this Ordinance. SECTION 3: This Ordinance shall take effect as provided by law. Mrs. Vitale moved that Ordinance 16-2014, which the Borough Clerk read by title, be adopted. Mr. Rowe 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. Rowe Nays: None ORDINANCE 17-2014 ORDINANCE OF THE BOROUGH OF MADISON APPROPRIATING $80,000.00 FROM THE WATER CAPITAL IMPROVEMENT FUND FOR THE PURCHASE OF A NEW GENERATOR AT WELL E WHEREAS, the Public Works Superintendent has recommended that the Borough appropriate $80,000.00 from the Water Capital Improvement Fund for the purchase of a new generator at Well E; and PAGE 15 OF 29 Regular Meeting Minutes – April 28, 2014 WHEREAS, the Chief Financial Officer has attested to the availability of the funds in the Water Capital Improvement Fund in an amount not to exceed $80,000.00 for this purpose; and WHEREAS, the Borough Council has determined that the Borough should appropriate $80,000.00 from the Water Capital Improvement Fund for the purchase of a new generator at Well E. NOW, THEREFORE, BE IT ORDAINED by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, as follows: SECTION 1: The amount of $80,000.00 is hereby appropriated from the Water Capital Improvement Fund for the purchase of a new generator at Well E. SECTION 2: The budget of the Borough is hereby amended to conform with the provisions of this Ordinance. SECTION 3: This Ordinance shall take effect as provided by law. Mrs. Vitale moved that Ordinance 17-2014, which the Borough Clerk read by title, be adopted. Mr. Rowe 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. Rowe Nays: None ORDINANCE 18-2014 ORDINANCE OF THE BOROUGH OF MADISON APPROPRIATING $130,000.00 FROM THE WATER CAPITAL IMPROVEMENT FUND FOR THE PURCHASE OF A BACK HOE FOR THE DEPARTMENT OF PUBLIC WORKS WHEREAS, the Public Works Superintendent has recommended that the Borough appropriate $130,000.00 from the Water Capital Improvement Fund for the purchase of a backhoe for use at the Public Works Garage; and WHEREAS, the Chief Financial Officer has attested to the availability of the funds in the Water Capital Improvement Fund in an amount not to exceed $130,000.00 for this purpose; and WHEREAS, the Borough Council has determined that the Borough should appropriate $130,000.00 from the Water Capital Improvement Fund for the purchase of a backhoe for use at the Public Works Garage; and NOW, THEREFORE, BE IT ORDAINED by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, as follows: PAGE 16 OF 29 Regular Meeting Minutes – April 28, 2014 SECTION 1: The amount of $130,000.00 is hereby appropriated from the Water Capital Improvement Fund for the purchase of a backhoe for use at the Public Works Garage. SECTION 2: The budget of the Borough is hereby amended to conform with the provisions of this Ordinance. SECTION 3: This Ordinance shall take effect as provided by law. Mrs. Vitale moved that Ordinance 18-2014, which the Borough Clerk read by title, be adopted. Mr. Rowe 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. Rowe Nays: None ORDINANCE 19-2014 ORDINANCE OF THE BOROUGH OF MADISON APPROPRIATING $160,000.00 FROM THE GENERAL CAPITAL IMPROVEMENT FUND FOR THE PURCHASE OF A LIFT REPLACEMENT FOR THE DEPARTMENT OF PUBLIC WORKS WHEREAS, the Public Works Superintendent has recommended that the Borough appropriate $160,000.00 from the General Capital Improvement Fund for the purchase of a lift replacement for the Department of Public Works; and WHEREAS, the Chief Financial Officer has attested to the availability of the funds in the General Capital Improvement Fund in an amount not to exceed $160,000.00 for this purpose; and WHEREAS, the Borough Council has determined that the Borough should appropriate $160,000.00 from the General Capital Improvement Fund for the purchase of a lift replacement for the Department of Public Works. NOW, THEREFORE, BE IT ORDAINED by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, as follows: SECTION 1: The amount of $160,000.00 is hereby appropriated from the General Capital Improvement Fund for the purchase of a lift replacement for the Department of Public Works. SECTION 2: The budget of the Borough is hereby amended to conform with the provisions of this Ordinance. SECTION 3: This Ordinance shall take effect as provided by law. Mrs. Vitale moved that Ordinance 19-2014, which the Borough Clerk read by title, be adopted. Mr. Rowe seconded the motion. There was no Council discussion, and the motion passed with the following roll call vote recorded: PAGE 17 OF 29 Regular Meeting Minutes – April 28, 2014 Yeas: Mr. Catalanello, Mr. Landrigan, Mrs. Vitale, Ms. Baillie, Mr. Wolkowitz, Mr. Rowe Nays: None ORDINANCE 20-2014 ORDINANCE OF THE BOROUGH OF MADISON APPROPRIATING $30,000.00 FROM THE GENERAL CAPITAL IMPROVEMENT FUND FOR THE PURCHASE OF A POLE BARN FOR STORAGE WHEREAS, the Public Works Superintendent has recommended that the Borough appropriate $30,000.00 from the General Capital Improvement Fund for the purchase of a pole barn for storage at the Department of Public Works; and WHEREAS, the Chief Financial Officer has attested to the availability of the funds in the General Capital Improvement Fund in an amount not to exceed $30,000.00 for this purpose; and WHEREAS, the Borough Council has determined that the Borough should appropriate $30,000.00 from the General Capital Improvement Fund for the purchase of a pole barn for storage at the Department of Public Works. NOW, THEREFORE, BE IT ORDAINED by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, as follows: SECTION 1: The amount of $30,000.00 is hereby appropriated from the General Capital Improvement Fund for the purchase of a pole barn for storage at the Department of Public Works. SECTION 2: The budget of the Borough is hereby amended to conform with the provisions of this Ordinance. SECTION 3: This Ordinance shall take effect as provided by law. Mrs. Vitale moved that Ordinance 20-2014, which the Borough Clerk read by title, be adopted. Mr. Rowe 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. Rowe Nays: None ORDINANCE 21-2014 ORDINANCE OF THE BOROUGH OF MADISON APPROPRIATING $160,000.00 FROM THE GENERAL CAPITAL IMPROVEMENT FUND FOR THE PURCHASE OF A LOADER FOR THE DEPARTMENT OF PUBLIC WORKS PAGE 18 OF 29 Regular Meeting Minutes – April 28, 2014 WHEREAS, the Public Works Superintendent has recommended that the Borough appropriate $160,000.00 from the General Capital Improvement Fund for the purchase of a loader for the Department of Public Works; and WHEREAS, the Chief Financial Officer has attested to the availability of the funds in the General Capital Improvement Fund in an amount not to exceed $160,000.00 for this purpose; and WHEREAS, the Borough Council has determined that the Borough should appropriate $160,000.00 from the General Capital Improvement Fund for the purchase of a loader for the Department of Public Works. NOW, THEREFORE, BE IT ORDAINED by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, as follows: SECTION 1: The amount of $160,000.00 is hereby appropriated from the General Capital Improvement Fund for the purchase of a loader for the Department of Public Works. SECTION 2: The budget of the Borough is hereby amended to conform with the provisions of this Ordinance. SECTION 3: This Ordinance shall take effect as provided by law. Mrs. Vitale moved that Ordinance 21-2014, which the Borough Clerk read by title, be adopted. Mr. Rowe 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. Rowe Nays: None ORDINANCE 22-2014 ORDINANCE OF THE BOROUGH OF MADISON APPROPRIATING $8,000.00 FROM THE GENERAL CAPITAL IMPROVEMENT FUND TO REPLACE THE CIVIC CENTER FLOOR WHEREAS, the Public Works Superintendent has recommended that the Borough appropriate $8,000.00 from the General Capital Improvement Fund for the replacement of the floor at the Madison Civic Center; and WHEREAS, the Chief Financial Officer has attested to the availability of the funds in the General Capital Improvement Fund in an amount not to exceed $8,000.00 for this purpose; and WHEREAS, the Borough Council has determined that the Borough should appropriate $8,000.00 from the General Capital Improvement Fund for the replacement of the floor at the Madison Civic Center. PAGE 19 OF 29 Regular Meeting Minutes – April 28, 2014 NOW, THEREFORE, BE IT ORDAINED by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, as follows: SECTION 1: The amount of $8,000.00 is hereby appropriated from the General Capital Improvement Fund for the replacement of the floor at the Madison Civic Center. SECTION 2: The budget of the Borough is hereby amended to conform with the provisions of this Ordinance. SECTION 3: This Ordinance shall take effect as provided by law. Mr. Catalanello moved that Ordinance 22-2014, which the Borough Clerk read by title, be adopted. Mrs. Vitale 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. Rowe Nays: None ORDINANCE 23-2014 ORDINANCE OF THE BOROUGH OF MADISON APPROPRIATING $450,000.00 FROM THE GENERAL CAPITAL IMPROVEMENT FUND FOR REPLACEMENT OF THE HVAC SYSTEM AT THE MADISON PUBLIC LIBRARY WHEREAS, the Library Director has recommended that the Borough appropriate $450,000.00 from the General Capital Improvement Fund for the replacement of the HVAC System and miscellaneous repairs and improvements at the Madison Public Library; and WHEREAS, the Chief Financial Officer has attested to the availability of the funds in the General Capital Improvement Fund in an amount not to exceed $450,000.00 for this purpose; and WHEREAS, the Borough Council has determined that the Borough should appropriate $450,000.00 from the General Capital Improvement Fund for the replacement of the HVAC System and miscellaneous repairs and improvements at the Madison Public Library; and NOW, THEREFORE, BE IT ORDAINED by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, as follows: SECTION 1: The amount of $450,000.00 is hereby appropriated from the General Capital Improvement Fund for the replacement of the HVAC System and miscellaneous repairs and improvements at the Madison Public Library. PAGE 20 OF 29 Regular Meeting Minutes – April 28, 2014 SECTION 2: The budget of the Borough is hereby amended to conform with the provisions of this Ordinance. SECTION 3: This Ordinance shall take effect as provided by law. Mr. Wolkowitz moved that Ordinance 23-2014, which the Borough Clerk read by title, be adopted. Mr. Landrigan seconded the motion. There was no Council discussion, and the motion passed with the following roll call vote recorded: Yeas: Mr. Catalanello, Mr. Landrigan, Mrs. Vitale, Ms. Baillie, Mr. Wolkowitz, Mr. Rowe Nays: None CONSENT AGENDA RESOLUTIONS The Clerk made the following statement: Consent Agenda Resolutions will be enacted with a single motion; any Resolution requiring expenditure is supported by a Certification of Availability of Funds; any Resolution requiring discussion will be removed from the Consent Agenda; all Resolutions will be reflected in full in the minutes. 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, Ms. Baillie, Mr. Wolkowitz, Mr. Rowe Nays: None R 128-2014 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING A COLLECTIVE BARGAINING AGREEMENT WITH THE IBEW LOCAL UNION #1289 WHEREAS, the Borough of Madison (“Borough”) commenced collective negotiations with IBEW Local Union #1289 bargaining unit; and WHEREAS, the Borough was able to successfully negotiate a Memorandum of Agreement/Understanding with International Brotherhood of Electrical Workers Local #1289; and WHEREAS, the Mayor and Council having considered and approved the specific terms and conditions contained in the Memorandum of Agreement for the above noted bargaining unit; NOW THEREFORE BE IT RESOLVED as follows: 1. The Mayor and Council approve the Memorandum of Agreement for the above-bargaining unit and the terms and conditions specifically set forth in the agreement; and PAGE 21 OF 29 Regular Meeting Minutes – April 28, 2014 2. The Mayor and Council direct Labor Counsel to incorporate the Memorandum of Agreement into the appropriate collective bargaining agreement as soon as practicable; and 3. The Mayor and Council hereby authorize the Borough Administrator, and Mayor to execute the finalized collective bargaining agreement without further action being necessary; and 4. The Mayor and Council authorize the Borough Administrator to effectuate the collective bargaining agreement upon execution by all necessary parties to the collective bargaining agreement. R 129-2014 RESOLUTION OF THE BOROUGH OF MADISON APPROVING 2014 MEMORIAL DAY PARADE WHEREAS, the Madison Patriotic Celebrations Committee has requested permission to hold a Memorial Day Parade and Ceremony on Monday, May 26, 2014; and WHEREAS, the parade will begin at 9:30 a.m., and proceed on a route approved by the Madison Borough Police Chief, said route beginning at the Madison Volunteer Ambulance Corp. parking lot on Prospect Street and ending in front of the Hartley Dodge Memorial where there will be a ceremony at the conclusion of the parade; and WHEREAS, Police Chief Dachisen recommends approval of this request. NOW, THEREFORE, BE IT RESOLVED, by the Council of the Borough of Madison, County of Morris, State of New Jersey, that the request of the Madison Patriotic Celebrations Committee to hold Memorial Day Parade and Ceremony on Monday, May 26, 2014, as described herein is hereby approved, subject to any safety requirements imposed by the Madison Police Department and Madison Fire Department. R 130-2014 RESOLUTION OF THE BOROUGH OF MADISON AMENDING RESOLUTION R 83-2014 TO INCREASE THE NUMBER OF HOURS PER WEEK OF THE PART-TIME PER DIEM RECORDS CLERK IN THE MADISON POLICE DEPARTMENT WHEREAS, Resolution 83-2013 authorized the hiring of Lisa Di Taranto as a part-time per diem records clerk at the Madison Police Department, not to exceed twenty (20) hours per week; and WHEREAS, the Chief Police Chief has recommended that the Borough amend Resolution 83-2013, to increase the hours from twenty (20) to twenty-nine PAGE 22 OF 29 Regular Meeting Minutes – April 28, 2014 hours (29) per week, to handle additional administrative functions to free up uniformed officers for other police duties; and WHEREAS, the Chief Financial Officer has attested that funds are available in the Police Department current operating account. NOW, THEREFORE, BE IT RESOLVED by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, that Resolution 83-2013 is amended to increase the hours of the part time per diem records clerk, not to exceed twenty-nine (29) hours per week. R 131-2014 RESOLUTION OF THE BOROUGH OF MADISON REAPPOINTING CASTANO QUIGLEY LLC AS SPECIAL REDEVELOPMENT COUNSEL FOR THE REDEVELOPMENT OF THE GREEN VILLAGE ROAD SCHOOL SITE WHEREAS, the Council has determined to reappoint Castano Quigley LLC, West Caldwell, New Jersey as Special Redevelopment Counsel to represent the Borough of Madison in the redevelopment process of the Green Village Road School site; and WHEREAS, Castano Quigley LLC will be compensated at the rate of $195.00 per hour; and WHEREAS, said services constitute professional services for which a contract may be awarded without the need of competitive bidding pursuant to N.J.S.A. 40A:11-5; and WHEREAS, the Borough Administrator has determined and certified in writing that the value of this acquisition may exceed $17,500.00; and WHEREAS, Castano Quigley LLC must submit to the Borough Purchasing Agent the required documents to satisfy the requirements of N.J.S.A. 19:44A-20.5, since this matter may be awarded without competitive bidding; and WHEREAS, Castano Quigley LLC must complete and submit a Business Entity Disclosure Certification which certifies that Castano Quigley LLC has not made any reportable contributions to a political or candidate committee in the Borough of Madison in the previous one year, and that the contract will prohibit Castano Quigley LLC, from making any reportable contributions through the term of the contract; and WHEREAS, the Chief Financial Officer has attested to the availability of funds in an amount not to exceed $195.00 per hour 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 as follows: PAGE 23 OF 29 Regular Meeting Minutes – April 28, 2014 1. Castano Quigley LLC is hereby reappointed Special Redevelopment Counsel at the rate of $195.00 per hour in regard to the aforementioned legal proceedings. 2. Ten days after receipt of the Business Entity Disclosure Certification and other required documents, the Mayor and Borough Clerk are authorized to execute on behalf of the Borough a professional services contract or retainer letter with Castano Quigley LLC at a cost not to exceed $195.00 per hour in a form acceptable to the Borough Attorney. 3. When received, the Business Entity Disclosure Certification, Political Contribution Disclosure Form and the Determination of Value shall be placed on file with this resolution. 4. The Borough Clerk is hereby directed to publish notice of the adoption of this Resolution in the official newspaper of the Borough of Madison within ten (10) days of its adoption, pursuant to N.J.S.A. 40A:11-5. R 132-2014 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING PFIZER 5K RUN ON WEDNESDAY, MAY 21, 2014 AT 6:30 P.M. WHEREAS, Pfizer has requested to hold a “5K run” in Madison on Wednesday, May 21, 2014, for the benefit of Project Community Pride; and WHEREAS, the run will begin at 6:30 p.m., on the grounds of Giralda Farms; and WHEREAS, Giralda Farms property owners have requested a Hold Harmless agreement and a Certificate of Liability Insurance regarding such use of the property; and WHEREAS, Police Chief Dachisen recommends approval of this request. NOW, THEREFORE, BE IT RESOLVED, by the Council of the Borough of Madison, County of Morris, State of New Jersey, that the request of Pfizer to hold a “5K run” in Madison on Wednesday, May 21, 2014, as described herein is hereby approved, subject to any safety requirements imposed by the Madison Police Department, and the Mayor is authorized to sign a Hold Harmless Agreement as approved by the Borough Attorney and to supply a Certificate of Liability Insurance from the Borough for this event. R 133-2014 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING DEVELOPER’S AGREEMENT BETWEEN THE BOROUGH OF MADISON AND LVJJ INVESTMENTS, LLC FOR PREMISES LOCATED AT 4 & 6 ELM STREET AND DESIGNATED AS BLOCK 1302, LOTS 5 & 6 PAGE 24 OF 29 Regular Meeting Minutes – April 28, 2014 WHEREAS, LVJJ Investments, LLC ("Developer") is the owner of certain property in the Borough of Madison located at 4 & 6 Elm Street and designated as Block 1302, Lots 5 & 6 on the current Tax Map of the Borough (the “Property”); and WHEREAS, Developer obtained from the Madison Borough Zoning Board of Adjustment development approvals for construction of 2 buildings each containing 4 single-family attached (townhouse) units and related site improvements to replace 4 existing nonconforming structures on the Property by Resolution adopted on May 10, 2012, which provided for execution of a developer’s agreement with the Borough; and WHEREAS, counsel has recommended that the attached proposed Developer’s Agreement concerning the Property be entered into; NOW, THEREFORE, BE IT RESOLVED, by the Council of the Borough of Madison, in the County of Morris and the State of New Jersey, that the attached Developer’s Agreement between LVJJ Investments, LLC and the Borough of Madison is hereby approved, and the Mayor and Borough Clerk are hereby authorized and directed on behalf of the Borough to execute the Developer’s Agreement. R 134-2014 RESOLUTION OF THE BOROUGH OF MADISON RATIFYING APPOINTMENTS OF INTERNS WILLIAM CAREY, VITO LUPPINO , III AND FRANK IANNARONE, IV, TO SUMMER INTERN POSITIONS IN THE DEPARTMENT OF PUBLIC WORKS WHEREAS, the Superintendent of Public Works has recommended appointment of William Carey, Vito Luppino, III and Frank Iannarone, IV, as Summer Interns in the Public Works Department; and WHEREAS, the Borough Council agrees with these recommendations. NOW, THEREFORE, BE IT RESOLVED, by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, that contingent upon a satisfactory background check being received, William Carey, Vito Luppino, III and Frank Iannarone, IV are hereby appointed to the position of Summer Interns in the Public Works Department at the rate of pay of $9.00 per hour. The starting employment dates to be determined by the Superintendent of Public Works. R 135-2014 RESOLUTION OF THE BOROUGH OF MADISON RATIFYING APPOINTMENTS OF INTERNS VINCENT BENNETT AND MAXWELL GOTSCH TO THE SUMMER INTERN POSITIONS IN THE ENGINEERING DEPARTMENT PAGE 25 OF 29 Regular Meeting Minutes – April 28, 2014 WHEREAS, the Borough Engineer has recommended the appointment of Vincent Bennett and Maxwell Gotsch as part-time employees/ Summer Interns in the Engineering Department; and WHEREAS, the Borough Council agrees with this recommendation, and the Chief Financial Officer has certified funds for this purpose are contained in 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 contingent upon a satisfactory background check being received, the appointment of Vincent Bennett and Maxwell Gotsch as part-time employees/ Summer Interns in the Engineering Department, at the rate of pay of $9.00 per hour is hereby approved. The starting employment dates to be established by the Borough Engineer. R 136-2014 RESOLUTION OF THE BOROUGH OF MADISON APPROVING RAFFLES LICENSE APPLICATION SUBMITTED BY PTO KINGS ROAD SCHOOL BE IT RESOLVED by the Council of the Borough of Madison, County of Morris, State of New Jersey, that the following application for Raffles License, to be held as listed below, be and the same is hereby approved: PTO KINGS ROAD SCHOOL I.D. No. 274-5-18728 R.A. No. 1311 – On Premise Merchandise June 6, 2014 R 137-2014 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING ASSIGNMENT OF CONTRACT FOR RECYCLING COLLECTION AND DISPOSAL WITH FIRST OCCUPATIONAL RECYCLING & WASTE, INC., TO SUBURBAN DISPOSAL, INC. WHEREAS, the Borough entered into a contract for a one year term with First Occupational Recycling & Waste, Inc., to collect and dispose of recycling within the Borough; and WHEREAS, First Occupational Recycling & Waste, Inc., has requested that the Borough consent to an assignment of their contract to Suburban Disposal, Inc., of Fairfield N.J., for the remainder of the term, which contract will expire at the end of 2014; and WHEREAS, the Borough Administrator has recommended that the Council authorize an assignment of the contract on such terms and conditions as the Borough Attorney may determine are in the best interests of the Borough; and WHEREAS, First Occupational Recycling & Waste, Inc., has provided copies of documentation to the Borough that indicates that Suburban Disposal, Inc., of PAGE 26 OF 29 Regular Meeting Minutes – April 28, 2014 Fairfield, New Jersey is an approved NJDEP solid waste and recycling collector and transporter. 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 Mayor and Borough Clerk are authorized to execute consent to an assignment of contract or such other documents as the Borough Attorney may determine in order to assign the balance of the recycling collection contract for the year 2014 with First Occupational Recycling & Waste, Inc. to Suburban Disposal, Inc., of Fairfield, New Jersey effective immediately. 2. The terms and conditions of the consent to assignment of contract and any other legal documents necessary shall be approved by the Borough Attorney. R 138-2014 RESOLUTION OF THE BOROUGH OF MADISON AWARDING CONTRACT TO EI ASSOCIATES FOR PROFESSIONAL ENGINEERING SERVICES AND CONSTRUCTION OVERSIGHT FOR CEILING AND LIGHTING IMPROVEMENTS AT THE MADISON PUBLIC LIBRARY IN THE AMOUNT OF $17,000.00 WHEREAS, the Borough Engineer and Library Director have recommended that the Borough obtain professional design services from EI Associates, to provide design services and construction oversight for improvements to the Madison Public Library ceiling and lighting due to the replacement of the HVAC System; and WHEREAS, said services would constitute professional services for which a contract may be awarded without the need of competitive bidding pursuant to N.J.S.A. 40A:11-5; and WHEREAS, the Borough Engineer has recommended that the Borough Council award the Contract to EI Associates, in an amount not to exceed $17,000.00; and WHEREAS, EI Associates, must submit to the Borough Purchasing Agent the required documents to satisfy the requirements of N.J.S.A. 19:44A-20.5, since this matter is being awarded without competitive bidding; and WHEREAS, EI Associates, must complete and submit a Business Entity Disclosure Certification which certifies that EI Associates, has not made any reportable contributions to a political or candidate committee in the Borough of Madison in the previous one year, and that the contract will prohibit EI Associates, from making any reportable contributions through the term of the contract; and PAGE 27 OF 29 Regular Meeting Minutes – April 28, 2014 WHEREAS, the Chief Financial Officer has attested that funds are available in an amount not to exceed $17,000.00 for this purpose in Ordinances 44-2010 and 6-2013 and. 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. Ten days after receipt of the Business Entity Disclosure Certification and other required documents from EI Associates, the Mayor and Borough Clerk are hereby authorized to execute, on behalf of the Borough, a professional service contract with EI Associates, for professional design services to provide HVAC Engineering Services in an amount not to exceed $17,000.00, such contract to be in a form approved by the Borough Attorney. 2. When received, the Business Entity Disclosure Certification, Political Contribution Disclosure Form and the Determination of Value shall be placed on file with this resolution. 3. The Borough Clerk is hereby directed to publish notice of the adoption of this resolution in the official newspaper of the Borough of Madison within ten (10) days of its adoption pursuant to N.J.S.A. 40A:11-5. R 139-2014 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING SETTLEMENT AGREEMENT WITH OMEGA SERVICE MAINTENANCE CORPORATION WHEREAS, pursuant to the Borough of Madison Resolution 194-2013 dated June 10, 2013, on or about June 12, 2013 the Borough of Madison entered into a contract with Omega Service Maintenance Corp. (the “Contractor”) in the base amount of $ 290,000.00 for construction of two (2) low pressure stream boilers and appurtenant improvements (the “Contract”) defined by technical documents entitled “Hartley Dodge Memorial Boiler Replacement”; and WHEREAS, the Contractor has alleged that it has claims against the Borough of Madison for among other things, damages resulting from (a) delays caused by the Borough of Madison and (b) the Borough of Madison’s failure to make payments that were due and owning; and WHEREAS, the Borough of Madison has alleged that it has claims against the Contractor among other things, damages resulting from (a) Contractor’s failure to complete the work required under Contract in accordance with plans and specifications (b) lack of coordination and supervision and (c) delays caused by the Contractor; and PAGE 28 OF 29 Regular Meeting Minutes – April 28, 2014 WHEREAS, the Borough of Madison and the Contractor have denied liability to each other; and WHEREAS, the parties desire to avoid the expense and inconvenience of a burdensome and protracted litigation and have agreed to settle and compile the alleged claims; and WHEREAS, a copy of the settlement agreement is attached hereto and incorporated herein. NOW, THEREFORE, BE IT RESOLVED, by the Council of the Borough of Madison, County of Morris, State of New Jersey, the following: (1) The proposed settlement agreement is hereby authorized approved. (2) The Mayor is authorized to execute the said settlement agreement (3) The Borough of Madison Administration is authorized to tale all reasonable actions necessary to effectuate the terms of this resolution. UNFINISHED BUSINESS - None APPROVAL OF VOUCHERS On motion by Mr. Landrigan, 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 $67,376.09 Health & Public Assistance 5,014.51 Public Works & Engineering 69,017.05 Community Affairs 38,476.59 Finance & Borough Clerk 90,371.30 Utilities 1,757,590.29 Total $2,027,845.83 The following roll call vote was recorded approving the aforementioned vouchers: Yeas: Mr. Catalanello, Mr. Landrigan, Mrs. Vitale, Ms. Baillie, Mr. Wolkowitz, Mr. Rowe Nays: None NEW BUSINESS - None ADJOURN There being no further business to come before the Council, the meeting was adjourned at 9:35 p.m. Respectfully submitted, Elizabeth Osborne Borough Clerk Approved July 28, 2014 (EO) PAGE 29 OF 29