Mayor & Council

MINUTES OF A REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF MADISON April 11, 2016 - 7 p.m. CALL TO ORDER The Regular Meeting of the Mayor and Council of the Borough of Madison was held on the 11th day of April, 2016. 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, 2016. 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. Wolkowitz moved: RESOLVED, that the meeting be adjourned to an Executive Session to consider the following matters: MINUTES FOR APPROVAL (1) March 14, 2016 March 28, 2016 Date of public disclosure 60 days after conclusion, if disclosure required. CONTRACT MATTERS (2) Regular Meeting Minutes – April 11, 2016 JOINT MEETING UPDATE 2016 ROAD IMPROVEMENTS PROGRAM Date of public disclosure 60 days after conclusion, if disclosure required. LITIGATION MATTERS (2) AFFORDABLE HOUSING UPDATE TAX APPEAL – 6 BUTTENHEIM TERRACE Date of public disclosure 60 days after conclusion, if disclosure required. PERSONNEL MATTERS (3) POLICE DISPATCHER LIEUTENANT PROMOTIONAL PROCESS SUMMER INTERNS Date of public disclosure 90 days after conclusion, if disclosure required. Seconded: Mr. Catalanello Vote: Approved by voice vote RECONVENE IN COUNCIL CHAMBER Mayor Conley reconvened the Regular Meeting at 8 p.m. in the Council Chamber with all members present. The Pledge of Allegiance was recited by all. APPROVAL OF MINUTES Ms. Baillie moved approval of the Executive Minutes of March 14, 2016. 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 March 14, 2016. 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 Executive Minutes of March 28, 2016. Mr. Rowe seconded the motion, which passed with the following roll call vote recorded: Yeas: Mr. Catalanello, Mr. Landrigan, Ms. Baillie, Mr. Wolkowitz, Mr. Rowe Nays: None Abstain: Mrs. Vitale Ms. Baillie moved approval of the Regular Meeting Minutes of March 28, 2016. Mr. Rowe seconded the motion, which passed with the following roll call vote recorded: Yeas: Mr. Catalanello, Mr. Landrigan, Ms. Baillie, Mr. Wolkowitz, Mr. Rowe Nays: None Abstain: Mrs. Vitale PAGE 2 OF 17 Regular Meeting Minutes – April 11, 2016 GREETINGS TO PUBLIC Mayor Conley made the following comments: The Madison Public Library is hosting a Green Fair this Saturday, April 16th from 1:00 to 3:00 p.m. in the Library’s Chase Auditorium. The event is sponsored by Sustainable Madison, the Madison Environmental Commission and the Madison Public Library. The Fair is intended to introduce sustainable lifestyle choices and raise awareness regarding environmental issues. The Children’s Services Department is participating with other Morris County public libraries in the ‘Step Into a Story’ Program. Area residents are invited to visit the participating libraries during the month of April and experience the worlds created in the featured stories. The Madison Library is featuring Charlotte’s Web by E. B. White. At each library you visit, you’ll have the opportunity to enter to win a prize. Mayor Conley announced that on April 27th Council Members and Madison residents will meet to celebrate the character of our community through the preservation of historic homes and canopy trees. Residents are invited to attend the Historic and Streetscape Preservation Symposium at 7:00 p.m. at the Public Safety Building. EMPLOYEE OF THE MONTH FOR APRIL: The Employee of the Month for April is Ptl. Bart Glab of the Madison Police Department who received a nomination for the 2015 Mothers Against Drunk Driving Award, the second year in a row winning this honor, and for his commitment and dedication in removing impaired drivers from the streets of Madison making our community safer. ANNIVERSARY: Ben Samara of the Madison Health Department – 25th Anniversary on April, 2016. REPORTS OF COMMITTEES Utilities Mr. Wolkowitz of the Committee made the following comments: Recent high winds from an April 2nd storm caused damage to multiple limbs and trees causing downed wires and also a broken utility pole on Garfield Avenue, which has been replaced. James Park Substation repairs are completed and the substation is now re-energized. New poles have been installed on Brittan Street from Greenwood Avenue to Central Avenue and two new poles have been installed on Walnut Street. Utility staff assisted Verizon in installing new poles along Main Street. The Water Department continues State mandated testing and has received 70 requests for water line mark outs. Health Mr. Catalanello of the Committee made the following comments: The tri-community aging needs assessment survey is still open, and will be used to better understand the community’s needs for aging in place. A Spanish version of the survey is also available. Whole Foods will help celebrate public health month. Please visit Saturday, April 16th. Finance and Borough Clerk Mr. Landrigan, Chair of the Committee, made the following comments: PAGE 3 OF 17 Regular Meeting Minutes – April 11, 2016 Mr. Landrigan noted that the hearing and proposed adoption of the 2016 municipal budget will take place at tonight’s meeting. May 17th is the Voter Registration Deadline for the Primary Election. The Borough Clerks’ Office will be open until 8:00 p.m. Mails in Ballot applications are also available in the Borough Clerk’s office or on line at morriselections.org. Electric Utility Rebate forms are available in the Borough Clerk’s office, after approval of Ordinance 16-2016, scheduled for hearing and adoption this evening. Public Safety Mrs. Vitale, Chair of the Committee, made the following comments: The Fire Department reports 99 calls for assistance in the month of March and conducted two department training drills, including 14 general alarms, 18 still alarms, 25 inspections and 42 medical calls. The Fire department has collected $3,420 in non life hazard fees, $6,582 in life hazard fees and $1,000 in fines. Sixty- one smoke and CO alarm inspections were conducted and $4,980 in fees were collected to date this year. The Police Department reports that on March 28th the Madison Police Dept co-hosted an employee lunch and learn with the Madison Health Department. The training on employee health was conducted in our Emergency Operations Center and was deemed a success. Future seminars are forthcoming. On April 6, 2016 Madison Detectives arrested a Chatham NJ resident for 17 counts of criminal mischief to vehicles parked in the STS Tire Center on Main Street. Civic Scholars from Drew University have volunteered to clean Spring Brook tributary and the Patriotic Celebrations Committee has arranged an afternoon meeting, April 16th, for the students to speak with area Vietnam Veterans to gain a better understanding of that conflict. Community Affairs Ms. Baillie, Chair of the Committee, made the following comments: NORWESCAP/RSVP held a recognition brunch at Zeris Inn in Mountain Lakes on Wednesday, March 30th to honor area volunteers. Included were Madison’s Telephone Reassurance volunteers Charliemae Harris, Angie Monti and Kaye Shaler. Registration for the upcoming trip to Snug Harbor Cultural Center and Botanical Gardens on Staten Island continues through May 13th. Volunteers are still needed for May Day and the Farmers’ Market will open Thursday, June 2nd. Public Works and Engineering Mr. Rowe, Chair of the Committee, made the following comments: The Public Works Staff has completed all work needed to the ball fields for spring sports. The men have been working on security alarms for all the lift stations, and, performing repair work in advance of the Mill and Overlay project. Bids for the 2016 Road Reconstruction Program were opened on March 31st.A total of eight bids were received and an award of a contract is listed on the Consent Agenda . The State has approved a grant of $172,500 for the Prospect Street reconstruction project. Cleaning and CCTV inspection of the Madison Chatham Joint Meeting Trunk Sewer line between Garden Avenue and Brooklake Road was completed last week and another round of cleaning and inspection is schedule overnight this week. The Danforth Road Sports Fields Site Remediation Phase 2 project has a public opening of bids scheduled on Thursday April 14, 2016 at 10:00 am in the municipal courtroom. The Building Department, which had a busy 2015, is having an even busier 2016. All activities and revenues are up over 20% year-over-year. BUDGET HEARING Mayor opened the meeting to the public for their opportunity to ask questions and make comments on the proposed municipal budget. PAGE 4 OF 17 Regular Meeting Minutes – April 11, 2016 Maureen Byrne, Albright Circle, urged Council support for a Downtown Manager position in the 2016 municipal budget. Since no other member of the public wished to be heard, the invitation for public comment was closed. R 120-2016 RESOLUTION OF THE BOROUGH OF MADISON TO AMEND INTRODUCED BUDGET Mr. Landrigan moved that Resolution R 120-2016, which Mayor Conley read by title, be finally adopted. Mr. Wolkowitz seconded the motion. There was no Council discussion, and the motion passed with the following roll call vote recorded: Yeas: Mr. Catalanello, Mr. Landrigan, Mrs. Vitale, Ms. Baillie, Mr. Wolkowitz, Mr. Rowe Nays: None R 121-2016 RESOLUTION OF THE BOROUGH OF MADISON FINALLY ADOPTING THE 2016 BUDGET AND TAX RESOLUTION Mr. Landrigan moved that Resolution R 121-2016, which Mayor Conley read by title, be finally adopted. Mr. Wolkowitz seconded the motion. Mr. Wolkowitz noted that the proposed budget is complete and consistent with previous years, with no reduction in services. Mr. Wolkowitz thanks Mr. Burnet for his efforts in preparing the budget and the thorough explanation for residents. Mr. Catalanello noted that he would not be voting in favor of the proposed budget due to structural issues with funding, and an over reliance on the electric utility. Mrs. Vitale noted that the Strategic Planning groups’ advisory was taken seriously and thanked Mr. Burnet and Mr. Codey for their efforts. Ms. Baillie also thanked the Administration and Council for keeping taxes low and maintaining services to residents, suggesting that going forward the Borough look at the reliance on utilities. Mr. Rowe thanked the Borough's administration and the Finance committee for all the hard work preparing a budget. Mr. Rowe noted that for three years he promoted the adoption of budgets that grew at a manageable rate, did not increase their reliance on Utility Surpluses for Operating costs, and focusing any extra money on Capital Maintenance programs. Mr. Rowe stated that this year's budget not only fails in a couple of critical areas, it is actually moving the municipality in the wrong direction. Mr. Rowe noted he will not vote to adopt the proposed budget. Mr. Landrigan stated that the proposed budget is one to be proud of and many municipalities would envy with a low tax increase and additional capital funding. The Borough maintains a AAA rating. Mr. Landrigan thanked Mr. Burnet, Mr. Codey and the Department Heads for their due diligence. Mayor Conley thanked Council members for their comments and thanked the staff for their hard work. There was no further Council discussion, and the motion passed with the following roll call vote recorded: Yeas: Mr. Landrigan, Mrs. Vitale, Ms. Baillie, Mr. Wolkowitz Nays: Mr. Catalanello, Mr. Rowe PAGE 5 OF 17 Regular Meeting Minutes – April 11, 2016 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. Since no member of the public wished to be heard, the invitation for public comment was closed. AGENDA DISCUSSIONS 04/11/2016-1 MRC STORMWATER RUNOFF TESTING This agenda item was removed. ADVERTISED HEARINGS The Clerk made the following statement: Ordinances scheduled for hearing tonight were submitted in writing at a Regular meeting of the Mayor and Council held on March 28, 2016, were introduced by title and passed on first reading, were published in the Madison Eagle and made available to members of the general public requesting same. Mayor Conley called up Ordinances for second reading and asked the Clerk to read said ordinances by title: ORDINANCE 14-2016 ORDINANCE 14-2016 ORDINANCE OF THE BOROUGH OF MADISON APPROPRIATING $22,000.00 FROM THE GENERAL CAPITAL IMPROVEMENT FUND FOR REPLACEMENT OF A BRICK PLANTER ON WAVERLY PLACE WHEREAS, the Borough Administrator has recommended that the Borough appropriate $22,000.00 from the General Capital Improvement Fund for the purchase and installation of a replacement brick planter on Waverly Place; 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 $22,000.00 for this purpose; and WHEREAS, the Borough Council has determined that the Borough should appropriate $22,000.00 from the General Capital Improvement Fund for this purpose. 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 6 OF 17 Regular Meeting Minutes – April 11, 2016 SECTION 1: The amount of $22,000.00 is hereby appropriated from the General Capital Improvement Fund for the purchase and installation of a replacement brick planter on Waverly Place. SECTION 2: The budget of the Borough is hereby amended to conform with the provisions of this Ordinance. SECTION 3: This Ordinance shall take effect as provided by law. Mayor Conley opened up the public hearing on Ordinance 14-2016. Since no member of the public wished to be heard, the public hearing was closed. Mr. Rowe moved that Ordinance 14-2016, which the Borough Clerk read by title, be finally adopted. Mr. Catalanello seconded the motion. There was no Council discussion, and the motion passed with the following roll call vote recorded: Yeas: Mr. Catalanello, Mr. Landrigan, Mrs. Vitale, Ms. Baillie, Mr. Wolkowitz, Mr. Rowe Nays: None Mayor Conley declared Ordinance 14-2016 adopted and finally passed and ordered the Clerk to publish the notice thereof in the newspaper and to record the ordinance as required by law. ORDINANCE 15-2016 ORDINANCE OF THE BOROUGH OF MADISON APPROPRIATING $25,000.00 FROM THE GENERAL CAPITAL IMPROVEMENT FUND FOR REPLACEMENT OF ALARM SYSTEM FOR THE UTILITY INFRASTRUCTURE WHEREAS, the Borough Administrator has recommended that the Borough appropriate $25,000.00 from the General Capital Improvement Fund for replacement of an alarm system for the utility infrastructure; 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 $25,000.00 for this purpose; and WHEREAS, the Borough Council has determined that the Borough should appropriate $25,000.00 from the General Capital Improvement Fund for this purpose. NOW, THEREFORE, BE IT ORDAINED, by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, as follows: SECTION 1: The amount of $25,000.00 is hereby appropriated from the General Capital Improvement Fund for replacement of an alarm system for the utility infrastructure. PAGE 7 OF 17 Regular Meeting Minutes – April 11, 2016 SECTION 2: The budget of the Borough is hereby amended to conform with the provisions of this Ordinance. SECTION 3: This Ordinance shall take effect as provided by law. Mayor Conley opened up the public hearing on Ordinance 15-2016. Since no member of the public wished to be heard, the public hearing was closed. Mrs. Vitale moved that Ordinance 15-2016, which the Borough Clerk read by title, be finally adopted. Ms. Baillie seconded the motion. There was no Council discussion, and the motion passed with the following roll call vote recorded: Yeas: Mr. Catalanello, Mr. Landrigan, Mrs. Vitale, Ms. Baillie, Mr. Wolkowitz, Mr. Rowe Nays: None Mayor Conley declared Ordinance 15-2016 adopted and finally passed and ordered the Clerk to publish the notice thereof in the newspaper and to record the ordinance as required by law. ORDINANCE 16-2016 ORDINANCE OF THE BOROUGH OF MADISON AMENDING ORDINANCE 6-2015 WHICH ESTABLISHED AND SET FORTH REQUIREMENTS FOR AN ELECTRIC REBATE CREDIT PROGRAM WHEREAS, the Borough Council adopted Ordinance 6-2015 on February 23, 2015 which established the Electric Utility Rebate Program providing a $100.00 credit for certain income eligible applications; and WHEREAS, the Borough Administrator has recommended amending the annual electric utility rebate credit program for the calendar year 2016 to increase the rebate credit from $100.00 to $150.00; and WHEREAS, the Borough Council has determined that the Borough should amend Ordinance 6-2015, to continue the electric utility rebate program and increase the rebate credit to $150.00. 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 94-1 of the Borough Code entitled “Schedule of Rates” shall be amended as follows: D. A $150.00 per applicant targeted annual electric utility rebate credit program is hereby established for income- eligible Madison residents, subject to annual appropriations therefore in the municipal budget. The program guidelines, eligibility criteria and application process, attached hereto, to be set forth in Appendix A. SECTION 2: This Ordinance shall take effect as provided by law. PAGE 8 OF 17 Regular Meeting Minutes – April 11, 2016 Mayor Conley opened up the public hearing on Ordinance 16-2016. Since no member of the public wished to be heard, the public hearing was closed. Mr. Wolkowitz moved that Ordinance 16-2016, which the Borough Clerk read by title, be finally 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 Mayor Conley declared Ordinance 16-2016 adopted and finally passed and ordered the Clerk to publish the notice thereof in the newspaper and to record the ordinance as required by law. INTRODUCTION OF ORDINANCES None CONSENT AGENDA RESOLUTIONS The Clerk made the following statement: Consent Agenda Resolutions will be enacted with a single motion; any Resolution requiring expenditure is supported by a Certification of Availability of Funds; any Resolution requiring discussion will be removed from the Consent Agenda; all Resolutions will be reflected in full in the minutes. Mr. Wolkowitz 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 122-2016 RESOLUTION OF THE MAYOR AND BOROUGH COUNCIL OF THE BOROUGH OF MADISON IN THE COUNTY OF MORRIS AUTHORIZING SETTLEMENT OF THE 2013 TAX APPEAL ENTITLED STRELKOFF V. BOROUGH OF MADISON, DOCKET NO.: 013583-2013OF THE TAX ASSESSMENT OF BLOCK 3501, LOT 17, KNOWN AS 6 BUTTENHEIM TERRACE IN THE BOROUGH OF MADISON, MORRIS COUNTY, NEW JERSEY WHEREAS, an appeal of the real property tax assessment for tax year 2013 on Block 3501, Lot 17 has been filed by the Taxpayer, Strelkoff, Joseph J.; and WHEREAS, the proposed Stipulation of Settlement, a copy of which is incorporated herein as if set forth at length, has been reviewed and recommended by the Borough Tax Assessor and Borough Tax Expert; and WHEREAS, the 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 Borough of Madison, New Jersey, as follows: 1. Settlement of the 2013 tax appeal, with the Freeze Act, N.J.S.A. 54:51A-8 to apply for tax years 2014 and 2015, is hereby authorized as follows: PAGE 9 OF 17 Regular Meeting Minutes – April 11, 2016 6 Buttenheim Terrace Block 3501, Lot 17 Year: 2013 Original Assessment County Board Judgment Settlement Amount Land: $ 786,900 $ 786,900 $ 786,900 Imprvts:$ 466,700 $ 466,700 $ 388,100 Total: $1,253,600 $1,253,600 $1,175,000 2. All municipal officials are hereby authorized to take whatever action may be necessary to implement the terms of this Resolution and authorizes the Special Tax Counsel to enter into the Stipulation of Settlement as provided by Taxpayer. R 124-2016 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING MADISON STORYTELLERS FESTIVAL WHEREAS, the Chief Financial Officer has recommended approval of the Madison Storytellers Festival on June 11, 2016, and authorization of closing Green Village Road in front of the Museum of Early Trades and Crafts; and WHEREAS, Green Village Road would be closed from 2:00 p.m. to 8:00 p.m. between Main Street and Kings Road, with access maintained to the Waverly Green parking lot; and WHEREAS, stores located in the James Building that front on Green Village Road shall be permitted to have merchandise for sale on the sidewalk in front of their stores while the road is closed; and WHEREAS, the Police Department has approved the event with the use of Auxiliary officers. 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 Madison Storytellers Festival is approved subject to the safety requirements of the Madison Police Department. 2. The Madison Police Department is authorized to close Green Village Road between Main Street and Kings Road from 2:00 p.m. to 8:00 p.m. on June 11, 2016, in conjunction with the Madison Storytellers Festival. R 125-2016 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING PURCHASE OF A LAWN MOWER AND ACCESSORIES FOR THE DEPARTMENT OF PUBLIC WORKS THROUGH THE EDUCATIONAL SERVICES COMMISSION OF NEW JERSEY CO-OP PAGE 10 OF 17 Regular Meeting Minutes – April 11, 2016 WHEREAS, the Borough of Madison desires to award a contract for the purchase of a lawn mower and accessories under the Educational Services Commission of New Jersey Co-Op program; and WHEREAS, the purchase of goods and services by local contracting units is authorized by the Local Public Contracts Law, N.J.S.A. 40A:11-10, et seq.; and WHEREAS, Storr Tractor Company of Branchburg, New Jersey, has been awarded the Educational Services Commission of New Jersey Co-Op contract number #65MCESCCPS bid #MRESC 14/15-04; and WHEREAS, the Public Works Superintendent has recommended that the Borough Council utilize this contract for the purchase of a lawn mower with accessories; and WHEREAS, the Chief Financial Officer has attested that funds are available in an amount not to exceed $92,418.66 for this purpose in Ordinance 13-2016. 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. A contract with Storr Tractor Company for the purchase of a lawn mower with accessories, in an amount not to exceed $92,418.66 is hereby approved. 2. The Borough Administrator is hereby authorized and directed on behalf of the Borough to execute a purchase order and contract to Storr Tractor Company of Branchburg, New Jersey, for the purchase of a loader at a total price not to exceed $92,418.66, in a form acceptable to the Borough Attorney. R 126-2016 RESOLUTION OF THE BOROUGH OF MADISON APPROVING TEMPORARY SIGNS FOR THE MADISON ENVIRONMENTAL COMMISSION GREEN FAIR WHEREAS, the Madison Environmental Commission has requested permission to put up temporary signs advertising the Green Fair on April 16, 2016, at the Madison Public Library; and WHEREAS, the signs would be located at various location within the Borough approved by the Zoning Officer, commencing on April 12, 2016 and removed by April 18, 2016; and WHEREAS, the Assistant Borough Administrator has recommended that a temporary sign permit be issued. 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 request of the Arts Council of the Morris Area to put up temporary signs as described herein from April 12, 2016 to April 18, 2016, is approved. R 127-2016 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING KINGS ROAD SCHOOL COMMUNITY GARDEN AT LIVESEY PARK WHEREAS, the community of students, parents, volunteers and PTO members at the Kings Road School have requested Borough Council approval to build and maintain a community garden at Livesey Park; and PAGE 11 OF 17 Regular Meeting Minutes – April 11, 2016 WHEREAS, the Borough Council has determined to recognize the request and grant approval for a community garden at Livesey Park, to be built and maintained by the Kings Road School community. 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. That the Council hereby grants the request for a community garden at Livesey Park. 2. That the Kings Road community shall design, organize and manage the gardens project and report back to the Borough Council regarding same. 3. Prior to any work on site, the Kings Road School Principal shall present the following to the Borough for approval: (a) Maintenance plan for the garden during the school year and summer months and vacation periods when school is not in session. The Borough DPW will not be able to assist with garden maintenance. (b) A plan showing the proposed location of the garden . the existing flower garden to remain in place undisturbed. (c) Fencing plan. R 128-2016 RESOLUTION OF THE BOROUGH OF MADISON APPROVING RAFFLES LICENSE APPLICATION SUBMITTED BY PTO TOREY J. SABATINI 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 TOREY J. SABATINI SCHOOL I.D. No. 274-5-33160 R.A. No. 1373 – On Premise May 20, 2016 June 3, 2016 (rain date) R 129-2016 RESOLUTION OF THE BOROUGH OF MADISON RATIFYING APPOINTMENTS OF INTERNS WHEREAS, the Purchasing/Personnel Officer has recommended appointment of Summer Interns for Borough departments as follows: Name Department Rate of Pay Michael Farrell Public Works $10.00/hour Dominick Luppino Public Works $10.00/hour Audrey Rowland Construction and DDC $10.00/hour Katherine Gotsch Construction and DDC $10.00/hour Claire Hagerstrom Engineering $10.00/hour Trevor Wilinski Environmental Commission $10.00/hour 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 the Summer Interns set forth herein PAGE 12 OF 17 Regular Meeting Minutes – April 11, 2016 R 130-2016 RESOLUTION OF THE BOROUGH OF MADISON APPROVING A BANNER FOR DISPLAY FOR THE “GOOD GRIEF 5K RUN AND WALK FOR HOPE” SPONSORED BY GOOD GRIEF, INC. WHEREAS, Good Grief, Inc. has requested permission to hang a banner at Giralda Farms in Madison, for the period May 29, 2016 through June 5, 2016 as part of their “Good Grief 5k Run and Walk for Hope” event; and WHEREAS, the Borough Council is authorized to permit this display pursuant to Section 195-34(A)(8) of the Madison Borough Code. NOW, THEREFORE, BE IT RESOLVED that the Council of the Borough of Madison, County of Morris, State of New Jersey, hereby approves the request of Good Grief, Inc. to hang a banner at the Giralda Farms property, for the period May 29, 2016 through June 5, 2016 as part of their “Good Grief 5k Run and Walk for Hope” event. R 131-2016 RESOLUTION OF THE BOROUGH OF MADISON APPOINTING EVAN C. WEBB TO THE POSITION OF DISPATCHER IN THE MADISON POLICE DEPARTMENT WHEREAS, the Chief of the Madison Police Department recommends the appointment of Evan C. Webb to the position of full-time Dispatcher for the Madison Police Department; and WHEREAS, the Council agrees with this recommendation. NOW, THEREFORE, BE IT RESOLVED by the Council of the Borough of Madison in the County of Morris and State of New Jersey, that Evan C. Webb is hereby appointed to the position of full-time Dispatcher; and BE IT FURTHER RESOLVED, that Evan C. Webb be compensated at the annual salary of $34,614.00 effective immediately. R 132-2016 RESOLUTION OF THE BOROUGH OF MADISON CONFIRMING MEMBERSHIP OF JUSTIN KOVACS IN THE MADISON HOSE COMPANY #1 WHEREAS, the Fire Chief has advised that Justin Kovacs was voted into the Madison Hose Company #1 as a volunteer firefighter; and WHEREAS, Section 18-27 of the Madison Borough Code requires that each person so voted shall be confirmed as a member of such division by the Council of the Borough of Madison. NOW, THEREFORE, BE IT RESOLVED by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, that Justin Kovacs is hereby confirmed as a member of the Madison Hose Company #1 effective immediately. R 133-2016 RESOLUTION OF THE MADISON BOROUGH COUNCIL AWARDING CONTRACT TO CIFELLI & SONS CONSTRUCTION IN THE AMOUNT OF $1,024,356.12 FOR THE 2016 ROAD IMPROVEMENT PROGRAM WHEREAS, the Borough of Madison publicly advertised bids for the 2016 Road Improvement Program; and PAGE 13 OF 17 Regular Meeting Minutes – April 11, 2016 WHEREAS, the lowest qualified bid was submitted by Cifelli & Sons Construction in the amount of $984,356.12 for the base bid, plus certain bid alternates; and WHEREAS, the Borough Engineer has recommended that the Borough Council award the contract to Cifelli & Sons Construction in the amount of $984,356.12 for the base bid, plus bid alternate #2 in the amount of $40,000.00, for a total contract amount of $1,024,356.12; and WHEREAS, the Chief Financial Officer has attested that funds will be available in an amount not to exceed $1,024,356.12 for this purpose which funds were appropriated by Ordinances 4-2016 and 7-2016; NOW, THEREFORE, BE IT RESOLVED by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, as follows: 1. The contract for the 2016 Road Improvement Program is hereby awarded to Cifelli & Sons Construction based upon its bid in the amount of $1,024,356.12 for the base bid, plus bid alternate #2. 2. The Mayor and Borough Clerk are hereby authorized and directed on behalf of the Borough to enter into the contract with Cifelli & Sons Construction in a form acceptable to the Borough Attorney. R 134-2016 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING THE FARMERS' MARKET FOR 2016 WHEREAS, the Downtown Development Commission has recommended to the Borough Council that the Farmers' Market be continued in the Borough of Madison to be held on Central Avenue between Main Street and Cook Avenue from Thursday, June 2, 2016 to October 13, 2016; and WHEREAS, the Borough Council recognizes that the Farmers' Market has been a welcome addition to the Borough in that it creates another community event which has been successfully run in the past; WHEREAS, the Borough Council finds that it is a benefit to the Borough of Madison and its citizens to allow the continued operation of the Farmers' Market; and NOW, THEREFORE, BE IT RESOLVED by the Council of the Borough of Madison County of Morris, State of New Jersey, as follows: 1. A Farmers' Market is authorized to be conducted on Central Avenue between Main Street and Cook Avenue from Thursday, June 2, 2016 to October 13, 2016. 2. The Farmers' Market shall be conducted in accordance with the 1993 "Guidelines for Madison's Farmers' Market", as amended, as well as the Madison Farmers’ Market Regulations and By Laws, subject to the dates and times and other conditions set forth in this resolution. Farmers shall be allowed to sell agricultural products that are produced and sold on their farms, including eggs, pork, wheat flour and baked goods and the sale of field-grown and cut field flowers; however, the sale of potted plants, shrubbery or other landscaping products shall not be permitted. 4. The requirements of the Peddling and Soliciting Ordinance (Chapter 139 of the Madison Borough Code) shall not apply to the Farmers' Market as authorized by Chapter 139-13(c). PAGE 14 OF 17 Regular Meeting Minutes – April 11, 2016 5. The requirements of the Sign Ordinance (Chapter 195 of the Madison Borough Code) shall not apply to the extent that the Farmers' Market shall be permitted to have signs as utilized in previous years; 6. The requirements of the Parking Ordinance (Chapter 195 of the Madison Borough Code) shall not apply to the extent that there shall be two (2) hour parking during market hours in areas denoted as one hour parking; 7. The requirements of the Sidewalk and Outside Dining Ordinance (Chapter 195 of the Madison Borough Code) shall not apply to the extent that merchants shall be allowed to have additional tables and displays on the sidewalks during market hours. R 135-2016 RESOLUTION OF THE BOROUGH OF MADISON OPPOSING ASSEMBLY BILL A-2281, REGARDING THE “SMART CONTAINER ACT” WHEREAS, Assembly Bill 2281, sponsored by Assemblywoman Valerie Vainieri Huttle, would establish a deposit and return system on beverage containers currently collected curbside in most municipalities; and WHEREAS, containers identified in A 2281 are already being collected and recycled throughout the State of New Jersey, providing funding to municipalities and counties to develop and maintain successful recycling programs; and WHEREAS, the passage of A2281 will have an adverse effect on the collection and recycling system currently in place in Madison and statewide; and WHEREAS, A-2281, as currently drafted, will make it almost impossible to continue state grant programs for municipalities funded by the recycling system; and WHEREAS, removal of such containers from the current system will have a huge financial impact and may possible end curbside collection programs altogether; and WHEREAS, the return system will put an undue burden on local retailers in a State that already has strong recycling programs that keeps containers out of landfills NOW THEREFORE BE IT RESOLVED that the Governing Body of the Borough of Madison urges the legislature to reject A-2281; and BE IT FURTHER RESOLVED that the Municipal Clerk is hereby directed to send certified copies of this resolution to Senate President Sweeney, Assembly Speaker Prieto, Assemblywoman Huttle, local State representatives, Governor Christie and the New Jersey State League of Municipalities. R 136-2016 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING MADISON AREA YMCA 5K RUN ON WEDNESDAY, MAY 25, 2016 AT 6:30 P.M. WHEREAS, Madison Area YMCA has requested to hold a “5K run” in Madison on Wednesday, May 25, 2016, 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 PAGE 15 OF 17 Regular Meeting Minutes – April 11, 2016 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 Madison Area YMCA to hold a “5K run” in Madison on Wednesday, May 25, 2016, as described herein is hereby approved, subject to any safety requirements imposed by the Madison Police Department. Mr. Catalanello moved adoption of the Resolution 123-2016 listed on the Consent Agenda. Mr. Rowe seconded the motion. Following Council discussion regarding the fireworks displays location and safety issues, the motion failed with the following roll call vote recorded: Yeas: Mr. Catalanello, Nays: Mr. Landrigan, Mrs. Vitale, Ms. Baillie, Mr. Wolkowitz, Mr. Rowe R 123-2016 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING ST. VINCENT MARTYR CHURCH TO HOST A FIREWORKS DISPLAY ON SATURDAY APRIL 23, 2016 WHEREAS, the St. Vincent Martyr Church has applied for permission to hold a fireworks display on Saturday, April 23, 2016, on the grounds of the church property; and WHEREAS, the Borough Council has determined that such permission should be granted subject to the following conditions: 1. The display shall be in compliance with all laws and regulations governing a fireworks display; 2. A permit must be obtained from the Fire Official of Madison ensuring all applicable Fire Code requirements are met; 3. All requirements set forth by the Borough Administration and the Governing Body have been met and will be adhered to; 4. Adequate police personnel shall be present for crowd control and to ensure the area surrounding the fireworks is secured from unauthorized public entry; 5. The Fire Department shall be present with adequate personnel to maintain a fire watch for the duration of the event; 6. The display shall terminate by 11:30 p.m. NOW, THEREFORE, BE IT RESOLVED, by the Council of the Borough of Madison, in the County of Morris, State of New Jersey that the request by St. Vincent Martyr Church to hold a fireworks display on Saturday, April 23, 2016, is hereby granted and approved subject to the above noted conditions. PAGE 16 OF 17 Regular Meeting Minutes – April 11, 2016 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. John Hoover, Overhill Drive, requested that Shared Service Committee meetings with members of the Madison Board of Education be open to the public. 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 $27,351.82 Health & Public Assistance 4,709.33 Public Works & Engineering 52,442.31 Community Affairs 11,577.07 Finance & Borough Clerk 167,517.99 Utilities 154,052.51 Total $417,651.03 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 9:20 p.m. Respectfully submitted, Elizabeth Osborne Borough Clerk Approved May 9, 2016 (EO) PAGE 17 OF 17