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Mayor & Council

Regular Meeting

Madison, NJ · December 12, 2016

AgendaMinutes

Minutes

MAYOR AND COUNCIL REGULAR MEETING AGENDA DECEMBER 12, 2016 Committee Room at 7:00 p.m. 1. CALL TO ORDER 2. STATEMENT IN COMPLIANCE WITH THE OPEN PUBLIC MEETINGS ACT 3. ROLL CALL 4. AGENDA REVIEW 5. READING OF CLOSED SESSION RESOLUTION Council Chamber 8 p.m. 6. RECONVENE WITH (ALL) MEMBERS PRESENT ON DECEMBER 12, 2016 7. PLEDGE OF ALLEGIANCE 8. MINUTES FOR APPROVAL- None 9. GREETING TO PUBLIC Fire Department Lieutenants Swearing - In Ceremony Proclamation - Drive Sober or Get Pulled Over 2016 Year End Holiday Crackdown 10. REPORTS FROM COMMITTEES Utilities Benjamin Wolkowitz/Patrick Rowe Health Robert Catalanello/Robert Landrigan Finance and Borough Clerk Robert Landrigan/Benjamin Wolkowitz Public Safety Carmela Vitale/Astri Baillie Community Affairs Astri Baillie/ Carmela Vitale Public Works and Engineering Patrick Rowe/Robert Catalanello 11. COMMUNICATIONS AND PETITIONS 12. INVITATION FOR DISCUSSION (1 of 2) 13. AGENDA DISCUSSIONS 12/12/2016-1 OPEN SPACE, RECREATION AND HISTORIC PRESERVATION QUARTERLY REPORT 12/12/2016-2 2017 CAPITAL BUDGET PLAN 14. ORDINANCES FOR HEARING ORDINANCE 66-2016 ORDINANCE OF THE BOROUGH OF MADISON APPROPRIATING $30,000.00 FROM THE GENERAL CAPITAL IMPROVEMENT FUND FOR POLICE FIRING RANGE IMPROVEMENTS 15. INVITATION FOR DISCUSSION (2 of 2) 16. INTRODUCTION OF ORDINANCES - None 17. CONSENT AGENDA RESOLUTIONS LAST PRINTED 12/12/2016 12:31:00 PM1 MAYOR AND COUNCIL MEETING AGENDA – DECEMBER 12, 2016 R 333-2016 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING PURCHASE OF TWO (2) TWO-TON DUMP TRUCKS WITH ACCESSORIES UNDER NEW JERSEY STATE COOPERATIVE PRICING COUNCIL R 334-2016 RESOLUTION OF THE BOROUGH OF MADISON ALLOWING TEMPORARY PARKING AT THE BAYLEY ELLARD FIELDS ON JANUARY 21, 2017 R 335-2016 RESOLUTION OF THE BOROUGH OF MADISON JOINING THE MORRIS COUNTY BOARD OF CHOSEN FREEHOLDERS BANNING THE SALE OF DOGS AND CATS FROM LARGE-SCALE COMMERCIAL BREEDING FACILITIES R 336-2016 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING SUBMISSION OF A GRANT APPLICATION TO THE COUNTY OF MORRIS FOR COMMUNITY DEVELOPMENT BLOCK GRANT FOR PLAIN STREET IMPROVEMENTS AND RECONSTRUCTION IN THE AMOUNT OF $80,000.00 R 337-2016 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING EXECUTION OF AN AGREEMENT FOR HEALTH SERVICES WITH THE TOWNSHIP OF CRANFORD R 338-2016 RESOLUTION OF THE BOROUGH OF MADISON AWARDING PROFESSIONAL SERVICES CONTRACT TO MOTT MACDONALD, INC. OF ISELIN, NJ FOR ADDITIONAL ENVIRONMENTAL AND SITE IMPROVEMENT PROJECT AT BAYLEY ELLARD RECREATION FIELDS IN THE AMOUNT NOT TO EXCEED $10,000.00 R 339-2016 RESOLUTION OF THE BOROUGH OF MADISON AWARDING PROFESSIONAL SERVICES CONTRACT TO MOTT MACDONALD, INC. OF ISELIN, NJ FOR ADDITIONAL SOIL AND GROUNDWATER INVESTIGATIONS AT THE HARTLEY DODGE MEMORIAL IN THE AMOUNT NOT TO EXCEED $12,000.00 R 340-2016 RESOLUTION OF THE BOROUGH OF MADISON APPROVING RENEWAL OF THEATER LICENSE FOR BOW TIE CINEMAS FOR 2017 R 341-2016 RESOLUTION OF THE BOROUGH OF MADISON APPROVING RENEWAL APPLICATION FOR A BOWLING ALLEY LICENSE FOR NJ ENTERTAINMENT, LLC TRADING AS STRYXE R 342-2016 RESOLUTION OF THE BOROUGH OF MADISON APPROVING RENEWAL APPLICATION FOR AMUSEMENT DEVICE LICENSE AND PERMITS FOR YEAR 2017 FOR NJ ENTERTAINMENT, LLC D/B/A STRYXE R 343-2016 RESOLUTION OF THE BOROUGH OF MADISON AWARDING A CONTRACT TO CIEL POWER LLC FOR ENERGY AUDIT SERVICES 18. Unfinished Business 19. Approval of Vouchers 20. New Business 21. Adjournment LAST PRINTED 12/12/2016 12:31:00 PM Page 2

Agenda

MINUTES OF A REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF MADISON December 12, 2016 - 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 December, 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 Carmela Vitale Astri J. Baillie Benjamin Wolkowitz Patrick W. Rowe Absent: Robert Landrigan, excused Also Present: James E. Burnet, Assistant Borough Administrator Matthew J. Giacobbe, Esq., Borough Attorney Elizabeth Osborne, Borough Clerk Councilmember Elect Maureen Byrne Absent: Raymond M. Codey, Borough Administrator, excused 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) None Date of public disclosure 60 days after conclusion, if disclosure required. CONTRACT MATTERS (4) ROCK-GW, LLC Regular Meeting Minutes – December 12, 2016 AFFORDABLE HOUSING UPDATE JOINT MEETING ENERGY PURCHASE Date of public disclosure 60 days after conclusion, if disclosure required. PERSONNEL MATTERS (1) 2016 DEPT HEAD AND STAFF COMPENSATION 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: 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: EMPLOYEE OF THE MONTH FOR DECEMBER: Employee of the Month for December is Ptl. Patrick Strafacci of the Madison Police Department for his professionalism in assisting a person concerned for his friend in Florida, who had posted a suicide threat. After being unable to locate the person through the Tampa Police Department, Officer Strafacci checked her Facebook account, determined where she attended college and contacted the school. The Campus Police located the person and confirmed that she was safe and being cared for. ANNIVERSARY FOR DECEMBER: Michael Piano, Superintendent of the Electric Utility Department – 35th Anniversary on December 7th. Fire Department Lieutenants Swearing - In Ceremony Mayor Conley administered the oath of office to the following firefighter: Lieutenants James Blair, Brian Tappen, Kyle Wickman and Kevin Williams took the oath of office with family, friends and fellow firefighters present. Proclamation Mayor Conley read and presented the following Proclamation to Police Sgt. Sean Plumstead. Proclamation - Drive Sober or Get Pulled Over 2016 Year End Holiday Crackdown Proclamation of the B o r o u g h o f M a d i s on Proclaiming Support for the Drive Sober or Get Pulled Over PAGE 2 OF 16 Regular Meeting Minutes – December 12, 2016 2016 Year End Holiday Crackdown December 9, 2016 through January 1, 2017 Whereas, impaired drivers on our nation’s roads kill more than 10,000 people each year and cost our society more than $37 billion annually; and Whereas, 29 percent of motor vehicle fatalities in New Jersey in 2014 were alcohol- related; and Whereas, an enforcement crackdown is planned to combat impaired driving; and Whereas, the season at the end of the year is traditionally a time of social gatherings which often include alcohol; and Whereas, the State of New Jersey, Division of Highway Traffic Safety, has asked law enforcement agencies throughout the state to participate in the Drive Sober or Get Pulled Over Year End Holiday Crackdown; and Whereas, the project will involve increased impaired driving enforcement from December 9, 2016 through January 1, 2017; and Whereas, an increase in impaired driving enforcement and a reduction in impaired driving will save lives on our roadways; NOW, THEREFORE, I, Robert H. Conley, Mayor of the Borough of Madison, on behalf of the governing body, do hereby proclaim support for Drive Sober or Get Pulled Over 2016 Year End Holiday Crackdown from December 9, 2016 through January 1, 2017 and pledge to increase awareness of the dangers of drinking and driving. _____________________________________ Robert H. Conley, Mayor December 12, 2016 REPORTS OF COMMITTEES Utilities Mr. Wolkowitz, Chair of the Committee, made the following comments: The Electric Department has cut, set, and decorated the Christmas tree at Waverly Place and decorated and hung all Christmas wreaths in commercial district. The department has also completed cleaning of the transformer vaults in the commercial district. The installation of lights and flag pole at Lucy D field is now completed. Mr. Wolkowitz reported for the Finance Department that the 2017 budget process is well underway with a capital plan presentation later this evening. Health Mr. Catalanello, Chair of the Committee, made the following comments: Mr. Catalanello noted that December is National Impaired Driving Awareness month. Finance and Borough Clerk Mr. Landrigan, Chair of the Committee, absent. PAGE 3 OF 16 Regular Meeting Minutes – December 12, 2016 Public Safety Mrs. Vitale, Chair of the Committee, no report. Community Affairs Ms. Baillie, Chair of the Committee, made the following comments: Ms. Baillie noted that the Burnet Trail at the Madison Recreation Center is now open to walkers and encouraged residents to visit. Ms. Baillie also noted that a survey regarding improvements to the downtown is now available on the in Borough website as well as Borough offices. A Special joint meeting of the Mayor and Council and members of the Madison Planning Board regarding Affordable Housing was held Tuesday, December 6th, with a presentation by Clark Caton Hintz. Public Works and Engineering Mr. Rowe, Chair of the Committee, made the following comments: Mr. Rowe reported that the final reimbursement for Ridgedale Avenue road reconstruction was received from the State of New Jersey last week. The initial reimbursement request for the Prospect Street work in the amount of $129,375 has been submitted to the State. A grant application was submitted to the Morris County Community Development Block Grant program for Plain Street improvements. Bids for soil removal and site remediation at the rear of the Hartley Dodge Memorial are due on January 24th a meeting with Rapid Pump and Meter Co. was held last week for the North Street Pump Station and the County of Morris has confirmed it will participate in the Elmer Street Storm Sewer project. And for the Public Works Department, Mr. Rowe reported that this is the last week for yard waste pick-up. 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. Marlene Dolan, Sherwood Avenue, Registered Nurse with the Madison Health Department, asked for clarification regarding Resolution 337-2016, authorizing the Mayor and Borough Clerk to sign an agreement for health services with the Township of Cranford. AGENDA DISCUSSIONS 12/12/2016-1 OPEN SPACE, RECREATION AND HISTORIC PRESERVATION QUARTERLY REPORT Ms. Baillie provided a summary of the last quarterly report for 2016 submitted by the Open Space, Recreation and Historic Preservation Committee, noting a yearend balance of $106,126.00. The report also includes expenditure estimates for 2017. 12/12/2016-2 2017 CAPITAL BUDGET PLAN Mr. Burnet and Borough Engineer Robert Vogel provided a draft plan for capital projects for 2017, noting that Council will vote to approve each project. The proposed budget for the capital budget plan is $4.7 million, including 3.8 million in the 2017 budget and $800,000 unencumbered. Mr. Burnet noted that in anticipation of early bidding, an ordinance will be proposed in January for road reconstruction PAGE 4 OF 16 Regular Meeting Minutes – December 12, 2016 projects. Mr. Vogel presented the roads program, as well as milling & overlay projects proposed, noting which roads are included in the five year capital plan. 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 x, 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 66-2016 ORDINANCE OF THE BOROUGH OF MADISON APPROPRIATING $30,000.00 FROM THE GENERAL CAPITAL IMPROVEMENT FUND FOR POLICE FIRING RANGE IMPROVEMENTS WHEREAS, Police Chief Dachisen has recommended that the Borough appropriate $30,000.00 from the General Capital Improvement Fund for Police Firing Range 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 $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 Police Firing Range Improvements. 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 Police Firing Range Improvements. 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 66-2016. Since no member of the public wished to be heard, the public hearing was closed. Mrs. Vitale moved that Ordinance 66-2016, which was 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, Mrs. Vitale, Ms. Baillie, Mr. Wolkowitz, Mr. Rowe Nays: None Absent: Mr. Landrigan PAGE 5 OF 16 Regular Meeting Minutes – December 12, 2016 Mayor Conley declared Ordinance 66-2016 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 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. Since no member of the public wished to be heard, the invitation for discussion was closed. 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. Mr. Catalanello raised objection regarding Resolution 334-2017. There was discussion regarding R 346-2016, with Mr. Rowe noting his objection to the current performance evaluation process.. There was no further Council discussion and the motion passed with the following roll call vote recorded: Yeas: Mr. Catalanello, Mrs. Vitale, Ms. Baillie, Mr. Wolkowitz, Mr. Rowe Nays: None Absent: Mr. Landrigan R 333-2016 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING PURCHASE OF TWO (2) TWO-TON DUMP TRUCKS WITH ACCESSORIES UNDER NEW JERSEY STATE COOPERATIVE PRICING COUNCIL WHEREAS, the Borough of Madison desires to award a contract for the purchase of two (2) two–ton Dump Trucks with accessories under the new Jersey State Pricing Council 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, Beyer Ford, 170 Ridgedale Avenue, Morristown, New Jersey, 07936 has been awarded a New Jersey State Pricing Council contract number A88214; and WHEREAS, the Public Works Superintendent has recommended that the Borough Council utilize this contract for the purchase of two (2) two–ton Dump PAGE 6 OF 16 Regular Meeting Minutes – December 12, 2016 Trucks with accessories as follows; under contract #A88214, two 2017 Ford F-450 4WD Reg Cab 145 “WB 60” CA XL for $107,317.40; and WHEREAS, the Chief Financial Officer has attested that funds will be available in an amount not to exceed $107,317.40, in Ordinances 23-2016 and 24- 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 for the purchase of two (2) two –ton Dump Trucks with accessories under the new Jersey State Pricing Council program for $107,317.40 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 Beyer Ford, 170 Ridgedale Avenue, Morristown, New Jersey, 07936, for the purchase of two (2) two–ton Dump Trucks with accessories under the new Jersey State Pricing Council program at a total price not to exceed $107,317.40, in a form acceptable to the Borough Attorney. R 335-2016 RESOLUTION OF THE BOROUGH OF MADISON JOINING THE MORRIS COUNTY BOARD OF CHOSEN FREEHOLDERS BANNING THE SALE OF DOGS AND CATS FROM LARGE-SCALE COMMERCIAL BREEDING FACILITIES WHEREAS, a significant number of puppies and kittens sold at pet shops come from large-scale, commercial breeding facilities where the health and welfare of the animals are not adequately provided for (“puppy mills” and “kitten mills”, respectively); and WHEREAS, according to the Humane Society of the United States, it is estimated that 10,000 puppy mills produce more than 2,400,000 puppies a year in the United States and that most pet shop dogs and cats come from puppy mills and kitten mills; and WHEREAS, the documented abuses endemic to puppy and kitten mills include overbreeding; inbreeding; minimal to non-existent veterinary care; lack of adequate and nutritious food, water and shelter; lack of socialization; lack of adequate space, and lack of adequate exercise; and WHEREAS, the inhumane conditions in puppy and kitten mill facilities lead to health and behavioral issues in the animals bred in those facilities, which many consumers are unaware of when purchasing animals from pet shops due to both a lack of education on the issue and misleading tactics of pet shops in some cases; and WHEREAS, these health and behavioral issues which may not present themselves until sometime after the purchase of the animals can impose exorbitant financial and emotional costs on consumers; and PAGE 7 OF 16 Regular Meeting Minutes – December 12, 2016 WHEREAS, current federal and state regulations do not adequately address the sale of the puppy and kitten mill dogs and cats in pet shops; and WHEREAS, the New Jersey Department of Health, in its 2014 Animal Intake and Disposition Survey, found that due in large part to pet overpopulation, more than 20,000 dogs and cats are euthanized in New Jersey animal shelters annually, and restricting the retail sale of puppies and kittens to only those sources from animal shelter and rescue organizations will likely reduce pet overpopulation and thus the burden on such agencies and financial costs on local taxpayers; and WHEREAS, across the country, thousands of independent pet shops as well as large chains operate profitably with a business model focused on the sale of pet services and supplies and not on the sale of dogs and cats, and many of these shops collaborate with local animal shelters and rescue organizations to offer space and support for showcasing adoptable homeless pets on their premises; and WHEREAS, this resolution will not affect a consumer’s ability to obtain a dog or cat of his or her choice directly from a breed-specific rescue organization or a shelter, or from a hobby breeder where the consumer can see directly the conditions in which the dogs or cats are bred, or can confer directly with the hobby breeder concerning those conditions; and WHEREAS, the Mayor and Council of the Borough of Madison believe it is in the best interests of the Borough of Madison and County of Morris to support the adoption of reasonable regulations to reduce costs to the town and county and its residents, protect the citizens of the Borough of Madison who may purchase cats or dogs from a pet shop or other business establishment, help prevent inhumane breeding conditions, promote community awareness of animal welfare, and foster a more humane environment in the Borough of Madison. NOW THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Madison as follows: 1. The Council urges and encourages all thirty-nine (39) municipalities in the County of Morris to take immediate steps to ban the sale of dogs and cats that come from large scale commercial breeding facilities (“puppy mills” and “kitten mills”). 2. The Council hereby joins with other New Jersey counties and municipalities in calling on elected officials serving New Jersey at all levels of government to work in concert to regulate sales of dogs and cats that come from large scale commercial breeding facilities (“puppy mills” and “kitten mills”). 3. The Clerk of the Borough of Madison shall forward a certified copy of this Resolution to the thirty-eight (38) other municipal clerks in the County of Morris. 4. This Resolution shall take effect immediately. R 336-2016 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING SUBMISSION OF A GRANT APPLICATION TO THE COUNTY OF MORRIS FOR COMMUNITY DEVELOPMENT BLOCK GRANT FOR PLAIN STREET IMPROVEMENTS AND RECONSTRUCTION IN THE AMOUNT OF $80,000.00 PAGE 8 OF 16 Regular Meeting Minutes – December 12, 2016 WHEREAS, the Borough Engineer has prepared a Community Development Block Grant application to the County of Morris in the amount of $80,000.00 for street improvements and reconstruction to Plain Street in the Borough; and WHEREAS, the Borough Engineer has recommended that said grant be submitted and if approved, a grant agreement be executed. 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 Borough Engineer is authorized to submit the grant application and the Mayor and Borough Clerk are authorized to execute a future grant agreement between the Borough of Madison and the County of Morris for a Community Development Block Grant in the amount of $80,000.00 for street improvements and reconstruction, in a form approved by the Borough Attorney. R 337-2016 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING EXECUTION OF AN AGREEMENT FOR HEALTH SERVICES WITH THE TOWNSHIP OF CRANFORD WHEREAS, the Borough of Madison wishes to furnish to the Township of Cranford health services of a technical and professional nature as hereinafter set forth, in consideration of payment as hereinafter provided, all according to N.J.S.A. 26:3A2-1 et seq.; and WHEREAS, the Township of Cranford is agreeable to contracting for such services; and WHEREAS, the Health Officer has recommend the Council authorize execution of an agreement with the Township of Cranford, such terms and in a form acceptable to the Borough Attorney. NOW, THEREFORE, BE IT RESOLVED, by the Council of the Borough of Madison, in the County of Morris, State of New Jersey that the Mayor and Borough Clerk be authorized to enter into an agreement for health services as described herein in such form approved by the Borough Attorney and Borough Administrator. WHEREAS, the Borough Administrator has recommended that the Borough obtain additional professional services from Mott MacDonald, Inc. for the NJDEP remediation and improvement project at the Bayley Ellard recreational fields; 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 PAGE 9 OF 16 Regular Meeting Minutes – December 12, 2016 WHEREAS, the Borough Engineer has previously determined and certified in writing that the value of this revised contract will exceed $17,500.00; and WHEREAS, the Borough Engineer has recommended that the Borough Council award the Contract to Mott MacDonald, Inc. in an additional amount not to exceed $10,000.00, for the NJDEP remediation and improvement project at the Bayley Ellard recreational fields; and WHEREAS, the Chief Financial Officer has attested that funds will be available in an amount not to exceed an additional amount of $10,000.00 for this purpose, from Appropriation Ordinance 31-2013. NOW, THEREFORE, BE IT RESOLVED by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, as follows: 1. The Mayor and Borough Clerk are hereby authorized to execute, on behalf of the Borough, a professional service contract for additional professional site remediation services with Mott MacDonald, Inc., for the NJDEP remediation and improvement project at the Bayley Ellard recreational fields in an additional amount of $10,000.00, 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. R 338-2016 RESOLUTION OF THE BOROUGH OF MADISON AWARDING PROFESSIONAL SERVICES CONTRACT TO MOTT MACDONALD, INC. OF ISELIN, NJ FOR ADDITIONAL ENVIRONMENTAL AND SITE IMPROVEMENT PROJECT AT BAYLEY ELLARD RECREATION FIELDS IN THE AMOUNT NOT TO EXCEED $10,000.00 WHEREAS, the Borough Administrator has recommended that the Borough obtain additional professional services from Mott MacDonald, Inc. for the NJDEP remediation and improvement project at the Bayley Ellard recreational fields; 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 previously determined and certified in writing that the value of this revised contract will exceed $17,500.00; and WHEREAS, the Borough Engineer has recommended that the Borough Council award the Contract to Mott MacDonald, Inc. in an additional amount not to PAGE 10 OF 16 Regular Meeting Minutes – December 12, 2016 exceed $10,000.00, for the NJDEP remediation and improvement project at the Bayley Ellard recreational fields; and WHEREAS, the Chief Financial Officer has attested that funds will be available in an amount not to exceed an additional amount of $10,000.00 for this purpose, from Appropriation Ordinance 31-2013. NOW, THEREFORE, BE IT RESOLVED by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, as follows: 1. The Mayor and Borough Clerk are hereby authorized to execute, on behalf of the Borough, a professional service contract for additional professional site remediation services with Mott MacDonald, Inc., for the NJDEP remediation and improvement project at the Bayley Ellard recreational fields in an additional amount of $10,000.00, 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. R 339-2016 RESOLUTION OF THE BOROUGH OF MADISON AWARDING PROFESSIONAL SERVICES CONTRACT TO MOTT MACDONALD, INC. OF ISELIN, NJ FOR ADDITIONAL SOIL AND GROUNDWATER INVESTIGATIONS AT THE HARTLEY DODGE MEMORIAL IN THE AMOUNT NOT TO EXCEED $12,000.00 WHEREAS, the Borough Administrator has recommended that the Borough obtain additional professional services from Mott MacDonald, Inc. for additional soil and groundwater investigations at the Hartley Dodge Memorial; 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 previously determined and certified in writing that the value of this revised contract will exceed $17,500.00; and WHEREAS, the Borough Engineer has recommended that the Borough Council award the Contract to Mott MacDonald, Inc. in an additional amount not to exceed $12,000.00, for additional soil and groundwater investigations at the Hartley Dodge Memorial; and WHEREAS, the Chief Financial Officer has attested that funds will be available in an amount not to exceed an additional amount of $12,000.00 for this purpose, from Appropriation Ordinance 64-2016. PAGE 11 OF 16 Regular Meeting Minutes – December 12, 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 Mayor and Borough Clerk are hereby authorized to execute, on behalf of the Borough, a professional service contract for additional professional site remediation services with Mott MacDonald, Inc., for additional soil and groundwater investigations at the Hartley Dodge Memorial in an additional amount of $12,000.00, 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. R 340-2016 RESOLUTION OF THE BOROUGH OF MADISON APPROVING RENEWAL OF THEATER LICENSE FOR BOW TIE CINEMAS FOR 2017 BE IT RESOLVED, by the Council of the Borough of Madison, County of Morris, State of New Jersey, that the following Theater License be approved for the year 2017: Company Name: BOW TIE CINEMAS Name of Theater: BTC MADISON THEATER Location of Theater: 14 LINCOLN PLACE MADISON, NEW JERSEY R 341-2016 RESOLUTION OF THE BOROUGH OF MADISON APPROVING RENEWAL APPLICATION FOR A BOWLING ALLEY LICENSE FOR NJ ENTERTAINMENT, LLC TRADING AS STRYXE WHEREAS, in compliance with the provisions of Chapter 70 of the Borough Code, application has been made by NJ Entertainment, LLC, trading as Stryxe, for annual bowling alley license; and WHEREAS, the above applicant has complied with all requirements of the State Law and the above mentioned Ordinance. NOW, THEREFORE, BE IT RESOLVED, by the Council of the Borough of Madison, County of Morris, State of New Jersey, that the following Bowling Alley License be renewed for 2017: Company Name: NJ Entertainment LLC Name of Bowling Alley: Stryxe PAGE 12 OF 16 Regular Meeting Minutes – December 12, 2016 Location of Bowling Alley: 53 Madison Plaza 306 Main Street, Unit 6 Madison, New Jersey R 342-2016 RESOLUTION OF THE BOROUGH OF MADISON APPROVING RENEWAL APPLICATION FOR AMUSEMENT DEVICE LICENSE AND PERMITS FOR YEAR 2017 FOR NJ ENTERTAINMENT, LLC D/B/A STRYXE WHEREAS, in compliance with the provisions of Chapter 58 of the Borough Code, application for amusement device premise license and twenty-nine (29) amusement device permits has been made by NJ Entertainment LLC t/b/a Stryxe; and WHEREAS, the above applicant has complied with all requirements of the State Law and above-mentioned Ordinance; NOW, THEREFORE, BE IT RESOLVED, by the Council of the Borough of Madison, County of Morris, State of New Jersey, that the following Amusement Device Premise License be issued to: NJ Entertainment LLC d/b/a Stryxe 53 Madison Plaza 306 Main Street, Unit 6 Madison, NJ 07940 BE IT FURTHER RESOLVED, that this License will permit the operation of twenty-nine amusement device machines at the above mentioned location. R 343-2016 RESOLUTION OF THE BOROUGH OF MADISON AWARDING A CONTRACT TO CIEL POWER LLC FOR ENERGY AUDIT SERVICES WHEREAS, the Borough solicited receipt of competitive proposals through a Request for Proposal process (RFP) for Energy Audit Services; and WHEREAS, based on RFP’s submitted, the Assistant Borough Administrator has recommended that a contract be awarded to Ciel Power LLC, of Lyndhurst, N.J., for Energy Audit Services, as no cost to the Borough for these services. 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 contract for Energy Audit Services with Ciel Power LLC, 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 13 OF 16 Regular Meeting Minutes – December 12, 2016 R 344-2016 RESOLUTION OF THE BOROUGH OF MADISON APPROVING SALARY INCREASE FOR SANDRA EMMERICH WHEREAS, Sandra Emmerich is employed as an Administrative Official in the Finance Department of the Borough of Madison; and WHEREAS, the Chief Financial Officer has recommended a merit increase to Sandra Emmerich in recognition of the additional work that Sandra Emmerich has assumed in the Finance Department as well as her duties with Payroll; and WHEREAS, the Borough Administrator has recommended increasing the salary of Sandra Emmerich to $59,040.00 per year. 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 salary of Sandra Emmerich shall be increased to $59,040.00 per year effective immediately. 2. The governing body expresses its gratitude to Sandra Emmerich for her diligent efforts on behalf of the Borough of Madison. R 345-2016 RESOLUTION OF THE BOROUGH OF MADISON APPROVING 5% DIFFERENTIAL COMPENSATION FOR METER READER JAMES TRIMBLE WHEREAS, James Trimble has been the only full-time meter reader since the medical leave of other staff; and WHEREAS, James Trimble has served in the capacity in excess of sixty days, and pursuant to the Employee Handbook, is eligible for a differential compensation effective August 15, 2016; and WHEREAS, the Chief Financial Officer has recommended differential compensation of five percent, effective August 15, 2016, pursuant to the provision of the Borough Code. NOW, THEREFORE, BE IT RESOLVED by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, that effective August 15, 2016, Meter Reader James Trimble shall receive a 5% increase in his salary as differential compensation for performing the duties of Meter Reader, until the return from medical leave of the Customer Service Representative. Mr. Wolkowitz moved adoption of the Resolution 334-2016 listed on the Consent Agenda. Mr. Catalanello seconded the motion. There was no further Council discussion and the motion passed with the following roll call vote recorded: Yeas: Mrs. Vitale, Ms. Baillie, Mr. Wolkowitz, Mr. Rowe Nays: Mr. Catalanello Absent: Mr. Landrigan PAGE 14 OF 16 Regular Meeting Minutes – December 12, 2016 R 334-2016 RESOLUTION OF THE BOROUGH OF MADISON ALLOWING TEMPORARY PARKING AT THE BAYLEY ELLARD FIELDS ON JANUARY 21, 2017 WHEREAS, the Borough Administrator has recommended that the Borough Council allow temporary parking at the Bayley Ellard Fields, for those residents participating in the January 21, 2017 Women’s March on Washington, D.C.; and WHEREAS, the Council has determined to allow temporary parking at the Bayley Ellard Fields by residents participating in the January 21, 2017 Women’s March on Washington, D.C. NOW, THEREFORE, BE IT RESOLVED by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, that temporary parking is approved at the Bayley Ellard Fields for residents participating in the January 21, 2017 Women’s March on Washington, D.C. Mr. Wolkowitz moved adoption of the Resolution 346-2016 listed on the Consent Agenda. Mr. Catalanello seconded the motion. There was no further Council discussion and the motion passed with the following roll call vote recorded: Yeas: Mrs. Vitale, Ms. Baillie, Mr. Wolkowitz Nays: Mr. Catalanello, Mr. Rowe Absent: Mr. Landrigan R 346-2016 RESOLUTION OF THE BOROUGH OF MADISON SETTING SALARIES FOR FULL-TIME NON-UNION PERSONNEL BE IT RESOLVED by the Council of the Borough of Madison, County of Morris, State of New Jersey, that the following persons be compensated at the proposed annual salary, the same being within the minimum and maximum limitations established by Ordinance 11-2014, to be effective January 1, 2016. POSITION AND NAME CURRENT PROPOSED Burnet, James, Chief Financial Officer $132,860.00 $135,518.00 Codey, Raymond M., Borough Administrator $163,222.00 $166,487.00 DeRosa, Louie E., III, Fire Chief $131,889.00 $134,527.00 Maines, David, Superintendent of Public $120,600.00 $123,012.00 Works Osborne, Elizabeth, Borough Clerk $ 87,720.00 $ 94,974.00 Piano, Michael, Electric Utility Superintendent $121,677.00 $124,111.00 Sanderson, James, Director of Technology $ 86,170.00 $ 87,894.00 Vogel, Robert, Municipal Engineer $134,453.00 $137,143.00 UNFINISHED BUSINESS - None PAGE 15 OF 16 Regular Meeting Minutes – December 12, 2016 APPROVAL OF VOUCHERS On motion by Mr. Wolkowitz, 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 $31,422.11 Health & Public Assistance 7,797.08 Public Works & Engineering 58,291.36 Community Affairs 567.00 Finance & Borough Clerk 6,071,250.15 Utilities 708,999.86 Total $6,878,327.56 The following roll call vote was recorded approving the aforementioned vouchers: Yeas: Mr. Catalanello, Mrs. Vitale, Ms. Baillie, Mr. Wolkowitz, Mr. Rowe Nays: None Absent: Mr. Landrigan NEW BUSINESS - None ADJOURN There being no further business to come before the Council, the meeting was adjourned at 9:00 p.m. Respectfully submitted, Elizabeth Osborne Borough Clerk Approved January 9, 2017 (EO) PAGE 16 OF 16

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