Mayor & Council

MINUTES OF A REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF MADISON January 12, 2015 - 7 p.m. CALL TO ORDER The Regular Meeting of the Mayor and Council of the Borough of Madison was held on the 12th day of January, 2015. 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 8, 2015. 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 Carmela Vitale Robert Landrigan 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) November 10, 2014 November 24, 2014 December 8, 2014 Date of public disclosure 60 days after conclusion, if disclosure required. CONTRACT MATTERS (6) Regular Meeting Minutes – January 12, 2015 HISTORIC PRESERVATION EASEMENT – HDM 2015 MUNICIPAL AUDIT TOWING OPERATORS WATER LINE AND UTILITY EASEMENT AGREEMENT PUBLIC WORKS ANNUAL CONTRACTS TEAMSTERS LOCAL UNION NO. 469 Date of public disclosure 60 days after conclusion, if disclosure required. PERSONNEL MATTERS (1) FINANCIAL ASSISTANT I Date of public disclosure 90 days after conclusion, if disclosure required. LITIGATION MATTERS (1) TAX APPEAL – 15 OLDE GREENHOUSE LANE Date of public disclosure 60 days after conclusion, if disclosure required. Seconded: Mr. Catalanello Vote: Approved by voice vote RECONVENE IN COUNCIL CHAMBER Mayor Conley reconvened the Regular Meeting at 8 p.m. in the Council Chamber with all members present. The Pledge of Allegiance was recited by all. Mayor Conley asked for a moment of silence for the recent passing of former Councilmember William Primus and Land Use Attorney Brian D. Burns. APPROVAL OF MINUTES Ms. Baillie moved approval of the Executive Minutes of November 10, 2014, November 24, 2014, and December 8, 2014. Mr. Rowe seconded the motion, which passed with the following roll call vote recorded: Yeas: Mr. Catalanello, Mr. Landrigan, Mrs. Vitale, Ms. Baillie, Mr. Wolkowitz, Mr. Rowe Nays: None Ms. Baillie moved approval of the Regular Meeting Minutes of November 10, 2014, November 24, 2014, December 8, 2014 and the January 1, 2105 Reorganization meeting minutes. Mr. Rowe seconded the motion, which passed with the following roll call vote recorded: Yeas: Mr. Catalanello, Mr. Landrigan, Mrs. Vitale, Ms. Baillie, Mr. Wolkowitz, Mr. Rowe Nays: None GREETINGS TO PUBLIC Mayor Conley made the following comments: Mayor Conley reported that the Madison Public Library is starting its winter programming schedule as of this week. This month the Library will feature a Madison High School Book Arts and More program throughout the Library, which includes upcycled book crafts and blackout poetry, along with photography and fine art by local teen talent. The Opening Reception will be held Saturday, January 17th from 2:00 to 4:00 p.m. Films for adults will be held Wednesday afternoons rather PAGE 2 OF 23 Regular Meeting Minutes – January 12, 2015 than evenings during the winter months. Other special programs include Pinterest Trouble Shooting, Friday, January 16th and Eating Green, Vegetarian & Organic Lifestyle, Wednesday, January 14th.The Children’s Services Department has a very full schedule of story times and a wide variety of other programs scheduled. The Library will not be able to offer tax forms and instructions due to government budgetary cutbacks. Staff will be available to assist area residents in finding the appropriate forms online. Mayor Conley made the following announcements: EMPLOYEE OF THE MONTH: The Employee of the Month for January is P. O. Sean McCarthy for his assistance, while off duty, with a motor vehicle accident on Route 80 in the Township of Denville. ANNIVERSARIES: Frank Piccolo of the Water & Light Billing Department – 35th Anniversary on January 1st. P.O. Lisa Esposito of the Madison Police Department – 20th Anniversary on January 5th. PROCLAMATION: Mayor Conley called forward volunteer members and presented the following proclamation recognizing the Volunteers Serving the Madison Volunteer Ambulance Corps. Proclamation of the B o r o u g h o f M a d i s on In Recognition of the Volunteers Serving The Madison Volunteer Ambulance Corps WHEREAS, the Madison Volunteer Ambulance Corps was officially founded on July 15, 1954 and originally operated out of the Hartley Dodge Memorial Building; and WHEREAS, the Corps built its own headquarters at 29 Prospect Street, which was dedicated on May 30, 1963, on land generously donated by Geraldine Dodge, constructed with building materials purchased with funds raised by the Corps through fundraising efforts and built by an all volunteer labor force; and WHEREAS, the Madison Volunteer Ambulance Corps has responded to over 50,000 calls thanks to the service of the many dedicated volunteers who generously provide their time and expertise in attending to and caring for residents in need of emergency response; and WHEREAS, the Corps still has a few original members serving today, namely, Jack Luts and Sally Barylick, remarkably having served over 50 years each; and PAGE 3 OF 23 Regular Meeting Minutes – January 12, 2015 WHEREAS, members who have devoted 30 to 40 years of service to the Corps are Pat Gaburo and John Dew; and WHEREAS, Corps members who have proudly served 20 to 30 years are Ed Schmelz, Jan Wolitzky, Henry George, Shel Rockowitz, Kevin DeBiasse and James DeVico; and WHEREAS, dedicated Corps members with 10 to 20 years of service are Tim Blair, John Dorn, Elaine Caccavale, Robert Landrigan, Carmella Bassolino, Carmella Cooke, Carol Livesey, William List, Mark Caccavale, Robert Fissel and John Hicks; and WHEREAS, loyal Corps members with 5 to 10 years of service are Dr. Kim Baldino, Tim Fawcett, Nancy Napolitano, Alice Dorn, Diane Fastiggi, Michael Fastiggi, Louis Gaburo, Anthony Napolitano and Rachel Groeneveld; and WHEREAS, many new volunteers have recently joined the Corps and dutifully serve the residents of Madison; NOW, THEREFORE, I, Robert H. Conley, Mayor of the Borough of Madison, on behalf of the Governing Body, do hereby extend thanks and appreciation to the volunteers of the Madison Ambulance Corps for their efforts, dedication and commitment to the residents of the Borough of Madison. _____________________________ Robert H. Conley, Mayor January 12, 2015 REPORTS OF COMMITTEES Community Affairs Ms. Baillie, Chair of the Committee, made the following comments: With the start of the New Year there are two new activities at the Senior Center; open Mah Jongg each Tuesday at 1:15 p.m. with no registration required, and a new fitness class to promote senior health, “Not Your Daughter’s Yoga,” is being taught by Donna Sue Dowton, a certified senior fitness instructor. This yoga class uses both static poses and flowing movement to improve posture, alignment, flexibility and balance; all exercises are done standing or seated on a chair. The series is held on Tuesdays from 11:30-12:30, beginning February 3rd. The cost is $45.00 for the nine-session series. The Chamber of Commerce, the Downtown Development Commission and the Rotary Club have begun planning for the 2015 Taste of Madison fund raising event, scheduled for Monday, March 30th. Tickets will be available in February. Public Safety Mr. Catalanello, Chair of the Committee, made the following comments: The Madison Fire Department report for 2014 includes responses to 220 general alarms and 159 still alarms, 337 investigation calls and 467 medical assistance calls. The Fire Department completed 473 fire prevention drills, 270 smoke detector inspections and installed or replaced 50 smoke detector units for senior residents. The Police Department reports 2530 calls for service in December including 9 suspicious persons and 27 suspicious vehicle reports. Thirteen arrests were made PAGE 4 OF 23 Regular Meeting Minutes – January 12, 2015 in December, as well as 64 medical emergency assists. Patrolman Chad Rybka was accepted as a member of the Morris County Criminal Debriefing Team. The Police Department collected over 1400 toys as part of the ‘Toys for Tots’ program and donated two new bicycles to area residents reporting stolen bicycles. Utilities Mrs. Vitale, Chair of the Committee, made the following comments: The Water Department continues efforts on markouts for homeowners, contractors and other users, as well as emergency markouts, replacements and water sample analysis. The Public Works Department has completed work at the Rosedale Avenue skating area. Finance and Borough Clerk Mr. Landrigan of the Committee made the following comments: The Strategic Planning Committee will provide a presentation regarding the Borough’s electric and water utilities, later this evening. The Audit Committee has recommended contracting with Nisivoccia LLP, for audit services for 2015, and listed for consideration on the Consent Agenda is a collective bargaining agreement with the Teamsters Union Local No. 469. The Capital Strategic Planning Committee will report at the January 26th Council Meeting. Health Mr. Wolkowitz, Chair of the Committee, made the following comments: Influenza vaccines are still available at the Madison Health Department and annual pet licensing continues through January. Applications can be found on the Borough’s website. Public Works and Engineering Mr. Rowe, Chair of the Committee, made the following comments: The plans and specifications for the Ridgedale Avenue Reconstruction project are almost ready. The Project has received a state grant and is anticipated to be bid this spring for summer construction work. A proposal has been received to survey the northern extent of Central Avenue to finalize a plan for road narrowing, sidewalk construction, signage and striping improvements. Once surveying is complete, the proposal will be finalized and sent to Morris County for approval. The 2015 capital improvement budget proposals are being assembled. The Waverly Green Parking Lot plan and specification are nearly complete. The project should be completed this summer. The Library’s HVAC system, ceiling and lighting repair project will require rebid this spring once the consultant has modified plans for the construction. An additional appropriation has been requested. Last Saturday, the Department of Public Works held a Christmas tree recycling day at the Borough garage. Approximately 600 trees were dropped off by residents. Trees will be picked up at the curb for two more weeks, and the next Yard Waste day is February 7th from 9:00 a.m. to 3:00 p.m. COMMUNICATIONS AND PETITIONS The Borough Clerk announced receipt of the following communications: Email dated January 8, 2015, from Diane Fastiggi of Spring Garden Drive regarding Madison Junior School prom. Email dated January 9, 2015, from Rudelle Sargent-Frankin of Sherwood Avenue regarding opening of the public schools on Rev. Martin Luther King Day. PAGE 5 OF 23 Regular Meeting Minutes – January 12, 2015 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. Since no member of the public wished to be heard, the invitation for discussion was closed. AGENDA DISCUSSIONS 01/12/2015-1 STRATEGIC PLANNING COMMITTEE REPORT – ELECTRIC UTILITY Martin Barbato, Chairman of the Strategic Planning Committee for Utilities presented the committee’s findings. The presentation including an Overview, Mission Statement, reliability of service, rates, surplus and the next phase of the Committee’s work. Mr. Barbato explained the SAIDI Index Comparison - System Average Interruption Duration Index, noting Madison’s SAIDI is 91.4 minutes. The committee suggested that the Strategic planning committees should work together. 01/12/2015-2 PROPOSED INCLUSIONARY DEVELOPMENT ORDINANCE Ms. Baillie provided explanation of a proposed ordinance amendment to replace certain sections of the Borough’s existing Land Development Ordinance regarding affordable housing “growth share” requirements, requiring ten percent minimum inclusionary development for all residential projects of ten or more units, as well as payment in lieu of any partial units. The proposed amendments would be consistent with NJ Council on Affordable Housing regulations. Ordinance 1-2015 listed for introduction 01/12/2015-3 2015 COUNCIL BYLAWS There was agreement to list a resolution on the Consent Agenda adopting amendments to the Council bylaws as recommended by the Bylaws Committee. Resolution 39-2015 is listed on the Consent Agenda . 01/12/2015-4 APPROPRIATING $950,000 FROM THE GENERAL CAPITAL IMPROVEMENT FUND FOR THE RECONSTRUCTION OF RIDGEDALE AVENUE Borough Engineer Robert Vogel addressed the Council regarding a proposed ordinance to appropriate funds for the reconstruction of Ridgedale Avenue noting that the roadway comprises the top maintenance priority for the Borough. Mr. Vogel also noted that application has been made to the New Jersey Department of Transportation for municipal aid for this improvement project. Ordinance 2-2015 is listed for introduction. 01/12/2015-5 APPROPRIATING $200,000 FROM THE GENERAL CAPITAL IMPROVEMENT FUND FOR REPLACEMENT OF THE HVAC SYSTEM AND MISCELLANEOUS REPAIRS AND IMPROVEMENTS AT THE MADISON PUBLIC LIBRARY Mr. Vogel noted that all bids received for the HVAC replacement project were over the engineering estimates and additional funds will be necessary to include ceiling PAGE 6 OF 23 Regular Meeting Minutes – January 12, 2015 and lighting improvements on an expedited basis to secure favorable pricing and to maintain the acceptable schedule for the replacement of the HVAC system. Ordinance 3-2015 is listed for introduction. 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. Thomas Bintinger; Rolling Hills Court, complimented the members of the Strategic Planning Committee for the Utilities and noted that the strategic planning committees will work together. Lisa Ellis; Brittin Street, as President of the Madison Board of Education, extended an invitation to join the Boards’ Strategic Planning meeting, to discuss the current and future state of the school district. Please contact the Board of Education to respond. 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 January 26, 2015 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 1-2015 ORDINANCE OF THE BOROUGH OF MADISON AMENDING AND SUPPLEMENTING CERTAIN AFFORDABLE HOUSING PROVISIONS OF CHAPTER 195 OF THE MADISON BOROUGH CODE ENTITLED “LAND DEVELOPMENT ORDINANCE” STATEMENT OF PURPOSE: The purpose of this ordinance is to require a 10% minimum inclusionary development, in all zoning districts, for all residential projects with ten or more units, and a payment in lieu for any partial units. Due to the lack of available land within the Borough for stand-alone affordable housing projects, the Borough believes its commitment to affordable housing is best advanced by requiring inclusionary affordable housing development as set forth in this Ordinance, and by requiring all affordable housing units to remain affordable for a period of not less than 30 years. PAGE 7 OF 23 Regular Meeting Minutes – January 12, 2015 WHEREAS, the Madison Borough Planning Board has reviewed the Land Development Ordinance of the Borough of Madison and recommends that the Borough Council consider amending and supplementing that Ordinance to require a 10% minimum inclusionary development for all residential projects with ten or more units, and a payment in lieu for any partial units consistent with the regulations of the New Jersey Council on Affordable Housing (“COAH”) as now in effect or hereafter amended (the “COAH Regulations”); and WHEREAS, the Planning Board recommends to the Borough Council the adoption of these amendments and supplements to the Land Development Ordinance and finds that they are substantially consistent with the Master Plan or designed to effectuate such plan elements, and/or if they are wholly or partially inconsistent, that an affirmative vote of the majority of the full authorized membership of the governing body has been received in recognition of the substantial public benefits as cited in the Statement of Purpose section of this Ordinance. 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 195-48 of Chapter 195 of the Madison Borough Code entitled “Affordable Housing Growth Share Requirements” shall be amended and supplemented to read as follows: §195-48. Affordable Housing Inclusionary Development Requirements A. Purpose. The purpose of this § 195-48 is to require all new developments to include a minimum 10% inclusionary set aside for affordable housing. B. Applicability. The provisions of this § 195-48 shall apply to all new development activity in the Borough of Madison regardless of whether the development requires approval by the Planning Board or Board of Adjustment, except as expressly exempted herein. C. Exemptions. The provisions of this § 195-48 shall not apply to the following development activities: (1) thru (6) No change. (7) (New section added) Any redevelopment project which, prior to the date of this Ordinance: (a) is being proposed by a redeveloper that has been designated by the Borough of Madison for such project; and PAGE 8 OF 23 Regular Meeting Minutes – January 12, 2015 (b) the Redevelopment Agreement between the Borough of Madison and the designated redeveloper provides for a monetary contribution for affordable housing. D. Residential development. All new residential developments in all zones, except as exempted above, shall be subject to the following affordable housing requirements: (1) In the case of residential development in any zoning district involving the creation and/or development and/or addition of ten or more market rate dwelling units and/or single-family building lots, at least ten percent (10%) of all dwelling units and/or single family building lots must be an affordable housing unit. Any fractional affordable housing requirement may be addressed by a payment in lieu pursuant to § 195-48D(2). The required affordable housing unit(s) shall be constructed on-site, unless the Borough approves a proposal involving the provision of affordable housing elsewhere within the Borough of Madison. Construction of the affordable housing unit(s) shall be subject to the standards and requirements in § 195- 48F. Affordable housing units constructed as part of an inclusionary development under this section shall be subject to the affordable housing policies, procedures and administration provisions of § 195-47. (2) In the case of residential development involving the creation of fewer than ten dwelling units and/or single-family building lots, the developer shall be required to make a payment in lieu of providing affordable housing, which shall be placed in the payment-in-lieu fund governed by § 195-48I. The amount of the required payment shall be consistent with COAH Regulations and shall be negotiated with the Borough based on consideration of the anticipated cost of providing affordable housing units. The minimum payment amount shall be calculated based on $182,750 multiplied by the fractional affordable housing requirement as calculated to two decimal points. (3) The Planning Board may on application waive the requirement in § 195-48D(1) for affordable housing to be provided on-site and authorize a payment in lieu pursuant to § 195-48D(2). (This subsection (3) to be deleted). (E) thru (I) No Change. SECTION 2: § 195-47 of Chapter 195 of the Madison Borough Code entitled “Affordable housing policies, procedures and administration” shall be PAGE 9 OF 23 Regular Meeting Minutes – January 12, 2015 amended and supplemented to increase the length of affordability controls, as follows: In subsections D, 0(1), P(2)(a)[1], and P(5)(a)[1], the words “20 years” shall be replaced by the words “30 years”. SECTION 3: This ordinance supersedes any inconsistent provisions of the Land Development Ordinance of the Borough of Madison, whether or not stated expressly herein. All other provisions of the Land Development Ordinance not inconsistent herewith shall remain in effect. SECTION 4: This Ordinance shall take effect as provided by law. Ms. Baillie moved that Ordinance 1-2015, 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 2-2015 ORDINANCE OF THE BOROUGH OF MADISON APPROPRIATING $950,000.00 FROM THE GENERAL CAPITAL IMPROVEMENT FUND FOR ROAD IMPROVEMENTS ON RIDGEDALE AVENUE WHEREAS, the Borough Engineer has recommended that the Borough appropriate $950,000.00 from the General Capital Improvement Fund for road improvements to Ridgedale Avenue, including new pavement, traffic calming and pedestrian sidewalk ramp improvements; 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 $950,000.00 for this purpose; and WHEREAS, the Borough Council has determined that the Borough should appropriate $950,000.00 from the General Capital Improvement Fund for road improvements to Ridgedale Avenue. 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 $950,000.00 is hereby appropriated from the General Capital Improvement Fund for road improvements to Ridgedale Avenue. SECTION 2: The budget of the Borough is hereby amended to conform with the provisions of this Ordinance. SECTION 3: This Ordinance shall take effect as provided by law. PAGE 10 OF 23 Regular Meeting Minutes – January 12, 2015 Mr. Rowe moved that Ordinance 2-2015, which the Borough Clerk read by title, be adopted. Mr. Catalanello seconded the motion. There was no Council discussion, and the motion passed with the following roll call vote recorded: Yeas: Mr. Catalanello, Mr. Landrigan, Mrs. Vitale, Ms. Baillie, Mr. Wolkowitz, Mr. Rowe Nays: None ORDINANCE 3-2015 ORDINANCE OF THE BOROUGH OF MADISON APPROPRIATING $200,000.00 FROM THE GENERAL CAPITAL IMPROVEMENT FUND TO SUPPLEMENT ORDINANCE 23-2014 WHICH APPROPRIATED $450,000.00 FOR REPLACEMENT OF THE HVAC SYSTEM AND MISCELLANEOUS REPAIRS AND IMPROVEMENTS AT THE MADISON PUBLIC LIBRARY WHEREAS, Ordinance 23-2014 of the Borough of Madison appropriated $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 Borough Engineer has advised that the additional funds will be necessary to include ceiling and lighting replacements; and WHEREAS, the Borough Engineer has recommended that the Borough appropriate an additional $200,000.00 from the General Capital Improvement Fund for the replacement of the HVAC System and miscellaneous repairs; 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 $200,000.00 for this purpose; and WHEREAS, the Borough Council has determined that the Borough should appropriate an additional $200,000.00 from the General Improvement Capital Fund for the replacement of the HVAC System and miscellaneous repairs. 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 $200,000.00 is hereby appropriated from the General Capital Improvement Fund for the replacement of the HVAC System and miscellaneous repairs. 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. Rowe moved that Ordinance 3-2015, which the Borough Clerk read by title, be adopted. Mr. Catalanello seconded the motion. There was no Council discussion, and the motion passed with the following roll call vote recorded: Yeas: Mr. Catalanello, Mr. Landrigan, Mrs. Vitale, Ms. Baillie, Mr. Wolkowitz, 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 PAGE 11 OF 23 Regular Meeting Minutes – January 12, 2015 Resolution requiring discussion will be removed from the Consent Agenda; all Resolutions will be reflected in full in the minutes. Ms. Baillie 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 29-2015 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 $75.00, for a total amount not to exceed $18,750.00; 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 30-2015 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING GOOD GRIEF INC. TO HOLD A 5K RUN AT GIRALDA FARMS ON SUNDAY, MAY 31, 2015 WHEREAS, Good Grief, Inc. has requested permission to use portions of Laurel Way, Woodland Road, Treadwell Avenue, and Madison Avenue in connection with a benefit 5k run at Giralda Farms; and WHEREAS, the Police Chief recommends approval of this request; and WHEREAS, Good Grief, Inc. has agreed to reimburse the Madison Police Department for all expenses incurred in connection with the monitoring of said race; and WHEREAS, the Borough Council has reviewed said request and determined that it should be granted. PAGE 12 OF 23 Regular Meeting Minutes – January 12, 2015 NOW, THEREFORE, BE IT RESOLVED, by the Council of the Borough of Madison, in the County of Morris, State of New Jersey that Good Grief, Inc. is hereby granted permission to use portions of Laurel Way, Woodland Road, Treadwell Avenue, and Madison Avenue in connection with the 5k Run to be conducted on Sunday, May 31, 2015, between the hours of 6:00 a.m. and 2:00 p.m. subject to the condition that Good Grief, Inc. reimburse the Madison Police Department for all expenses incurred in connection with the monitoring of said race. R 31-2015 RESOLUTION OF THE BOROUGH OF MADISON DESIGNATING TOWING OPERATORS FOR 2015, 2016 AND 2017 WHEREAS, the Borough Chief of Police has requested that the Borough Council establish a list of licensed towing operators for 2015, 2016 and 2017 pursuant to Borough Code §176-7; and WHEREAS, applications for such license have been made by T&J Service Center, Inc., and DeFalco’s Automotive and Towing; and WHEREAS, the Chief of Police has advised that such applicants have been investigated pursuant to the requirements of the Borough Code and they are satisfactory; and WHEREAS, the Chief of Police has requested that the Council pass a resolution authorizing issuance of the towing licenses for the years 2015, 2016 and 2017; and WHEREAS, the Borough Council has determined to authorize such towing licenses. NOW, THEREFORE, BE IT RESOLVED by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, that towing licenses pursuant to Borough Code Chapter 176 shall be issued to T&J Service Center, Inc., and DeFalco’s Automotive and Towing for the years 2015, 2016 and 2017. R 32-2015 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING ENTRY INTO MUTUAL AID AGREEMENT WITH MEMBERS OF THE PUBLIC POWER ASSOCIATION OF NEW JERSEY AND MUTUAL AID AGREEMENT WITH THE AMERICAN PUBLIC POWER ASSOCIATION WHEREAS, the Assistant Borough Administrator has recommended that the Borough enter into a mutual aid agreements with the American Public Power Association (“APPA”) and the members of Public Power Association of New Jersey (“PPANJ”); and PAGE 13 OF 23 Regular Meeting Minutes – January 12, 2015 WHEREAS, the Council has determined that such mutual aid agreements would be beneficial to the Borough. NOW, THEREFORE, BE IT RESOLVED, by the Council of the Borough of Madison in the County of Morris and State of New Jersey that the Council hereby authorizes entry into mutual aid agreements with the American Public Power Association (“APPA”) and the members of the Public Power Association of New Jersey (“PPANJ”), and James Burnet, Assistant Borough Administrator/Utility Finance Director, is authorized to execute such agreements on behalf of the Borough of Madison, which may be attested by the Borough Clerk. R 33-2015 RESOLUTION OF THE BOROUGH OF MADISON APPROVING RENEWAL OF LIVERY DRIVER’S PERMIT FOR MADISON TRANSPORTATION INC. FOR 2015 BE IT RESOLVED, by the Council of the Borough of Madison, County of Morris, State of New Jersey, that the following Livery Driver's Permit renewal be approved for the year 2015: LICENSE NO. NAME 15-1D Robert Kubach R 34-2015 RESOLUTION OF THE BOROUGH OF MADISON APPROVING RENEWAL OF LIVERY OWNERS’ LICENSE FOR MADISON TRANSPORTATION INC. FOR 2015 BE IT RESOLVED, by the Council of the Borough of Madison, County of Morris, State of New Jersey, that the following Livery Owners’ License renewal be approved for the year 2015: LICENSE NO. NAME Vehicle 15-9 Robert Kubach 1 Livery Madison Transportation Inc. RR Station, Kings Road, Madison R 35-2015 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 PAGE 14 OF 23 Regular Meeting Minutes – January 12, 2015 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 2015 Gasoline Budget #460, account 421. This is contingent upon the adoption of the 2015 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 36-2015 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 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 $42,500.00 for this purpose, which are in the 2015 Shade Tree Department Budget #303, account 214. This is contingent upon the adoption of the 2015 Municipal Budget. PAGE 15 OF 23 Regular Meeting Minutes – January 12, 2015 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 $42,500.00 under the Morris County Co-Operative Pricing Council Contract Number 18, Tree Removal and same is hereby ratified and approved. R 37-2015 RESOLUTION OF THE BOROUGH OF MADISON RATIFYING THE AWARD OF A PURCHASE ORDER/CONTRACT TO NATIONAL TERMINAL, 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, National Terminal, Inc. of Newark, New Jersey has been awarded the State Co-Operative Pricing Council Contract #82768 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 2015 Gasoline Budget# 460, account 421. This is contingent upon the adoption of the 2015 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 National Terminal, Inc. of Newark, New Jersey, for Ultra Low Sulfur Diesel Fuel, at a total price not to exceed $100,000.00 under the New Jersey State Co-Operative Pricing Council Contract #82768 Ultra Low Sulfur Diesel Fuel and same is hereby ratified and approved. R 38-2015 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 PAGE 16 OF 23 Regular Meeting Minutes – January 12, 2015 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-54-14 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 $100,000.00; and WHEREAS, the Chief Financial Officer has attested that funds are available in an amount not to exceed $100,000.00 for this purpose, which is in the 2015 Public Works Department #300, account 435. This is contingent upon the adoption of the 2015 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 $100,000.00 under the Somerset County Co-Operative Pricing Council Contract cc-54-14 and same is hereby ratified and approved. R 39-2015 RESOLUTION OF THE BOROUGH OF MADISON AMENDING COUNCIL BYLAWS FOR 2015 WHEREAS, the Borough Council wishes to amend the Borough Bylaws as recommended by the Bylaws Amendment Committee; and WHEREAS, the Bylaws may be amended by a two-thirds vote of the Council. NOW, THEREFORE, BE IT RESOLVED, by the Council of the Borough of Madison, County of Morris, State of New Jersey that: 1. The Bylaws are amended as follows: § A 236-2 Mayor: add to the end “The Council President is responsible for public relations from the Council to the press.” § A 236-4 Borough Administrator: add to the end “and as required by ordinance.” § A 236-5 Meetings: B. Delete the sentence “However, the Mayor, with consent of the Council President or three Council members, if the Council President is unavailable, shall have authority to cancel any scheduled work meeting.” and replace with PAGE 17 OF 23 Regular Meeting Minutes – January 12, 2015 “However, the Mayor, with the consent of three Council members, shall have authority to cancel any scheduled work meetings.” § A 236-6 Council responsibilities A. (1) Replace “Finance and Borough Clerk” with “Finance, Borough Clerk and Administration.” C. (1)(b) Delete “facilitate planning, studying and reviewing proposed budgets” and replace with “plan, study and review proposed budgets”. C. (1)(c) Delete “facilitate planning, study and reviewing proposed projects” and replace with “plan, study and review proposed projects”. C. (1)(d) Delete “facilitate making reports and recommendations” and replace with “make reports and recommendations”. C. (1)(e) Delete “facilitate drafting resolutions and ordinances” and replace with “review draft resolutions and ordinances”. § A 236-7 Powers and Duties of Council Chairperson A. The Finance Chairperson A(1) Replace “The Borough Clerk and his or her office.” with “The Borough Clerk/Administration and his or her office”. A(7) Replace “Technology” with “Technology Department”. A(8) Delete “Madison, Chatham and Harding”. B. Public Safety Chairperson (B)(1)(c) Delete “Madison, Chatham and Harding”. (B)(1)(d) Add “(d) Office of Emergency Management”. C. Community Affairs Chairperson (1)(b) Delete “Council public relations to the press” and replace with “Madison Arts and Culture Alliance”. E. Public Works and Engineering Chairperson E(1)-(6) Delete and replace with (1) Public Works Department and Operations E(7) Revise to E(2) E(8) Revise to E(3) E(9) Revise to E(4) E(10) Revise to E(5) E(11) Revise to E(6) E(13) Revise to E(7) E(14) Revise to E(8) E(15) Revise to E(9) E(16) Revise to E(10) F. Utilities Department Chairperson F(4) Add “Member of the Utility Advisory Committee” PAGE 18 OF 23 Regular Meeting Minutes – January 12, 2015 2. The remainder of the Bylaws shall be unaffected by these amendments and shall continue in full force and effect. 3. The codifer shall move all modification notes from the body of the bylaws to the headnotes section along with other modification notes. R 40-2015 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING EXECUTION OF A HISTORIC PRESERVATION EASEMENT AGREEMENT WITH THE COUNTY OF MORRIS FOR BLOCK 2802, LOT 1 (HARTLEY DODGE MEMORIAL) IN THE BOROUGH OF MADISON WHEREAS, the Borough Administrator has recommended the execution of a Historic Preservation Agreement with the County of Morris for the Hartley Dodge Memorial as required by the previously executed Grant Agreements with the County of Morris; and WHEREAS, the Council of the Borough of Madison agrees with this recommendation. NOW, THEREFORE, BE IT RESOLVED by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, that the Mayor and Borough Clerk are authorized to execute a Historic Preservation Easement Agreement between the County of Morris and the Borough of Madison as described herein in a form approved by the Borough Attorney. R 41-2015 RESOLUTION OF THE BOROUGH OF MADISON AWARDING A PROFESSIONAL SERVICES CONTRACT TO NISIVOCCIA, LLP FOR THE BOROUGH AUDIT FOR 2015 WHEREAS, the Borough Audit Committee has recommended that a professional services contract be awarded to Nisivoccia, LLP to continue to serve as auditor for 2015; and WHEREAS, the Chief Financial Officer has attested to the availability of funds for these purposes in the 2015 Municipal Operating Budget. 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 hereby authorized to execute, on behalf of the Borough, a professional service contract for audit services with Nisivoccia, LLP for 2015 such contract to be in a form approved by the Borough attorney. 2. 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. PAGE 19 OF 23 Regular Meeting Minutes – January 12, 2015 R 42-2015 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING SETTLEMENT OF THE 2014 TAX APPEAL ENTITLED STEVEN A. & JILL M. FIRST V. BOROUGH OF MADISON, DOCKET NO. : 005899-2014 OF THE TAX ASSESSMENT OF BLOCK 4601, LOT 58, KNOWN AS 15 OLDE GREENHOUSE LANE, IN THE BOROUGH OF MADISON, MORRIS COUNTY, NEW JERSEY WHEREAS, an appeal of the real property tax assessment for tax year 2014, involving Block 4601, Lot 58, has been filed by the Taxpayers, Steven A. First and Jill M. First; 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 2014 tax appeal is hereby authorized as follows: 15 Olde Greenhouse Land Block 4601, Lot 58 Year 2014 Original Assessment County Board Judgment Settlement Amount Land: $ 732,700 $732,700 $ 732,700 Imprvts: $ 715,000 $715,000 $ 607,300 Total: $1,447,700 $1,447,700 $1,340,000 2. The parties agree that there has been no change in the value or municipal wide revaluation or reassessment adopted for the tax years 2015 and 2016, and therefore agree that the provisions of N.J.S.A. 54:51A8 (Freeze Act) shall be applicable to and a final disposition of this case and the entire controversy and of any actions pending or thereafter instituted by the parties concerning the assessment on the property referred to herein for said Freeze Act year(s). No Freeze Act year(s) shall be the basis for application of the Freeze Act for any subsequent year(s). 3. 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. PAGE 20 OF 23 Regular Meeting Minutes – January 12, 2015 R 43-2015 Item Removed and the # Retired R 44-2015 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING COLLECTIVE BARGAINING AGREEMENTS WITH THE TEAMSTERS LOCAL UNION NO. 469 WHEREAS, the Borough of Madison (“Borough”) commenced collective negotiations with each of its employee bargaining units; and WHEREAS, the Borough Administration was able to successfully negotiate a collective bargaining agreement with the Borough of Madison Teamsters Local Union No. 469; and WHEREAS, the Mayor and Council having considered the specific terms and conditions contained in the collective bargaining agreement for the above- enunciated bargaining unit; NOW THEREFORE BE IT RESOLVED as follows: 1. The Mayor and Council hereby authorize the Borough Administrator, Raymond M. Codey and Mayor Robert H. Conley to execute the finalized collective bargaining agreement without further action being necessary; and 2. The Mayor and Council authorize Borough Administrator Raymond M. Codey to effectuate the collective bargaining agreement upon execution by all necessary parties to the collective bargaining agreement. R 45-2015 RESOLUTION OF THE BOROUGH OF MADISON APPROVING RAFFLES LICENSE APPLICATION SUBMITTED BY PTSO MADISON HIGH SCHOOL BE IT RESOLVED by the Council of the Borough of Madison, County of Morris, State of New Jersey, that the following application for Raffles License, to be held as listed below, be and the same is hereby approved: PTSO MADISON HS I.D. No. 274-5-33795 R.A. No. 1339 – Off premise 50/50 March 25, 2015 R 46-2015 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING SIGNATURE AND ACCEPTANCE OF A GRANT AGREEMENT WITH THE MADISON MAIN STREET FOUNDATION WHEREAS, the Assistant Borough Administrator has recommended that the Borough enter into a grant agreement with the Madison Main Street Foundation to fund certain Downtown Development Commission activities and for the improvement of the management of finances. PAGE 21 OF 23 Regular Meeting Minutes – January 12, 2015 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 execute a grant agreement between the Borough of Madison as grantee and the Madison Main Street Foundation, as grantor, for a grant in the amount of $125,000.00, in a form approved by the Borough Attorney. R 47-2015 RESOLUTION OF THE BOROUGH OF MADISON RENEWING BOWLING ALLEY LICENSE FOR PLAZA LANES FOR 2015 BE IT RESOLVED, by the Council of the Borough of Madison, County of Morris, State of New Jersey, that the following Bowling Alley License renewal be approved for the year 2015: Company Name: Plaza Lanes Owner: Michael Riccone Name of Bowling Alley: Plaza Lanes Location of Bowling Alley: 53 Madison Plaza Madison, New Jersey UNFINISHED BUSINESS - None APPROVAL OF VOUCHERS On motion by Mr. Catalanello seconded by Mr. Rowe 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 $46,332.24 Health & Public Assistance 2,913.26 Public Works & Engineering 263,202.90 Community Affairs 4,678.20 Finance & Borough Clerk 3,098,485.11 Utilities 599,334.32 Total $4,014,945.22 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 Mayor Conley announces the following appointment and requested Council confirmation: PAGE 22 OF 23 Regular Meeting Minutes – January 12, 2015 AUDIT COMMITTEE Thomas Bintinger, 20 Rolling Hills Court, for a three year term through December 31, 2017. Arthur Powell, 44 Garfield Avenue, for a two year term through December 31, 2016. Michael Soriano, 230 Woodland Road, for a one year term through December 31, 2015. Robert Landrigan, Finance Chairperson RECREATION ADVISORY COMMITTEE Dave Carver of 29 Belleau Avenue for a one year term through December 31, 2015. SENIOR CITIZEN ADVISORY COMMITTEE Susan Sheeley as YMCA Rep for a one year term through December 31, 2015. DOWNTOWN DEVELOPMENT COMMISSION Susan Whitehorn of 12 Vinton Road for an unexpired three year term through December 31, 2015. Mrs. Vitale moved approval of the foregoing appointments, seconded by Mr. Rowe and passed by the following vote: Yeas: Mr. Catalanello, Mr. Landrigan, Mrs. Vitale, Ms. Baillie, Mr. Wolkowitz, Mr. Rowe Nays: None ADJOURN There being no further business to come before the Council, the meeting was adjourned at 10:00 p.m. Respectfully submitted, Elizabeth Osborne Borough Clerk Approved January 26, 2015 (EO) PAGE 23 OF 23