Mayor & Council
Regular MeetingMadison, NJ · January 23, 2017
Minutes
MINUTES OF A REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE
BOROUGH OF MADISON
January 23, 2017 - 7 p.m.
CALL TO ORDER
The Regular Meeting of the Mayor and Council of the Borough of Madison was held
on the 23rd day of January, 2017. 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 5, 2017. 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:
Carmela Vitale
Astri J. Baillie
Benjamin Wolkowitz
Patrick W. Rowe
Maureen Byrne
Absent: Robert Landrigan, excused
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
Mrs. Vitale moved:
RESOLVED, that the meeting be adjourned to an Executive Session to consider the
following matters:
MINUTES FOR APPROVAL (1)
November 14, 2016
November 28, 2016
January 9, 2017
Date of public disclosure 60 days after conclusion, if disclosure required.
CONTRACT MATTERS (3)
Regular Meeting Minutes – January 23, 2017
MADISON CHATHAM JOINT MEETING
ELECTRIC POWER PURCHASE
ELECTRIC INFRASTRUCTURE IMPROVEMENTS
Date of public disclosure 60 days after conclusion, if disclosure required.
PERSONNEL MATTERS (1)
DIRECTOR OF PUBLIC WORKS
Date of public disclosure 90 days after conclusion, if disclosure required.
LITIGATION MATTERS (2)
TAX APPEALS
AFFORDABLE HOUSING
Date of public disclosure 60 days after conclusion, if disclosure required.
Seconded: Mr. Rowe
Vote: Approved by voice vote
RECONVENE IN COUNCIL CHAMBER
Mayor Conley reconvened the Regular Meeting at 8:07 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 November 14, 2016,
November 28, 2016 and January 9, 2017. Mr. Rowe seconded the motion, which
passed with the following roll call vote recorded:
Yeas: Mrs. Vitale, Ms. Baillie, Mr. Wolkowitz, Mr. Rowe, Ms. Byrne
Nays: None
Absent: Landrigan
Ms. Baillie moved approval of the Reorganization Minutes of January 2, 2017. Mr.
Rowe seconded the motion, which passed with the following roll call vote recorded:
Yeas: Mrs. Vitale, Ms. Baillie, Mr. Wolkowitz, Mr. Rowe, Mrs. Byrne
Nays: None
Absent: Landrigan
Ms. Baillie moved approval of the Regular Meeting Minutes of November 14,
2016, November 28, 2016 and January 9, 2017. Mr. Wolkowitz seconded the
motion, which passed with the following roll call vote recorded:
Yeas: Mrs. Vitale, Ms. Baillie, Mr. Wolkowitz, Mr. Rowe, Ms. Byrne
Nays: None
Absent: Landrigan
GREETINGS TO PUBLIC
Mayor Conley made the following comments:
A special budget hearing has been added to the Council meeting schedule for
February 6th at 7:00 p.m.
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Regular Meeting Minutes – January 23, 2017
REPORTS OF COMMITTEES
Public Works and Engineering
Mrs. Vitale, Chair of the Committee, made the following comments:
The Public Works Department has begun the transition from Interim Superintendent
of Public Works to Director Ken O’Brien. A meet and greet with foremen was held
on January 20, 2017. The Public Works staff had two weather related call outs and
two emergency utility markouts. The Public Works staff is using new the Hot Box for
pothole repairs on Borough streets. The Sewer Department installed all remaining
water quality inlet heads on roads scheduled for milling and overlay in 2017. New
manhole castings/lids have been ordered for those roads as well. The Engineering
Department reports plans to submit a follow up construction grant application for
Hartley Dodge Memorial to the Morris Historic Preservation Trust on or before
March 31st. Bids for soil removal and site remediation at the rear of Hartley Dodge
Memorial Building are due tomorrow. The 2017 Road Reconstruction work will be
advertised later this week with the date to receive bids set on March 16, 2017. The
contract work required to secure vendors for mill and overlay work will also be
initiated this week. NJDOT Municipal Aid grant applications for Greenwood Ave and
miscellaneous Bike route improvements will be submitted on or before February 3rd.
Proposals have been requested of vendors through the Middlesex County
Cooperative Bid system for purchase and installation of a set of bleachers and a
new press box at the Madison Recreation Complex fields. Estimates on scope, cost
and schedule are anticipated within several weeks. The Layne Company will be
installing constant water level sensors at Well D while performing redevelopment
work. The new sensors will record continuous water levels in the SCADA system,
which will assist daily operations as well as capacity and recharge estimates in the
future. Videotaping of the well casing is scheduled later this week.
Public Safety
Mr. Landrigan, Chair of the Committee, absent.
Finance and Borough Clerk
Ms. Baillie, Chair of the Committee, made the following comments:
Quarterly tax bills are due February 1st. The Open Space, Recreation and Historic
Preservation annual budget will be presented later this evening and is available on
the Borough website. A presentation on purchasing process and internal controls is
also listed on tonight’s agenda.
Utilities
Mr. Wolkowitz, Chair of the Committee, made the following comments:
A large tree came down this afternoon on Greenwood Avenue damaging several
utility poles, transformers and cable. Crews are currently working to replace and
repair all damaged equipment and restore power to residents in the area. The
Electric Department also began riser pole construction and cable terminations for
the KRE development and installed 75 KVA transformers and built secondary riser
to new housing units on Elm Street. In 2016, the Electric Utility Rebate program
received 378 applications for a total of $56,700 in rebate funds.
Health
Mr. Rowe, Chair of the Committee, made the following comments:
The 2017 Retail Food Establishment and pet license renewals are ongoing.
Epidemiological concerns are being monitored through the New Jersey
Immunization Information System. Follow-up is being conducted on all Public Health
nuisance complaints received . A retail food establishment inspection matrix is being
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Regular Meeting Minutes – January 23, 2017
worked on to ensure proper surveillance of food establishments. Reports are
prepared and submitted monthly to contracting municipalities for monthly meetings
with the various Boards of Health.
Community Affairs
Ms. Byrne, Chair of the Committee, made the following comments:
The Senior Center reports that eighteen people were on hand for nutritionist Jenn
Luster’s program on Winter Soups on Wednesday, January 18th. The following day
was the second T-Cap Day, with 20 participants and 100 turbans completed. Tom
DiDonato from Verizon Fios’s Pause/Push cable program filmed the event and
interviewed people about how the program started and the response from the
patients at the Carol G. Simon Cancer Center. The program should be available on
Fios 1 around February 19th. Senior Citizen Advisory Committee members John
Hoover and Phyllis Flemming joined Ms. Byrne at the January 19th Grotta/TriTown
55+ meeting. A new transportation provider, GoGoGrandparents, is being
considered, for a fee, drivers will transport seniors to contiguous towns for doctor
appointments, cultural events and social opportunities. The annual Taste of Madison
fundraiser will be held Monday, March 20, 2017.
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.
Tom Haralampoudis; Pomeroy Road, commented on the proposed four-hour
parking ordinance asking that Police Officers use discretion on some Borough
streets. Mr. Haralampoudis also commented on the proposed bleacher
appropriation noting additional seating is necessary for both fields.
Julie Carlson, Dean Street, express concern regarding employees from Whole
Foods parking on nearby streets, noting four hours will not deter employees and
suggested two hour parking.
AGENDA DISCUSSIONS
01/23/2017-1 FOUR (4) HOUR BOROUGH WIDE PARKING RESTRICTION
Mr. Codey provided explanation regarding a proposed ordinance limiting parking to
four hours on all Borough streets in an effort to address commuter parking on
residential streets. Mr. Codey noted that streets with shorter parking restrictions will
not be affected, and that the police department will use discretion.
Ordinance 7-2017 is listed for introduction.
01/23/2017-2 PURCHASING PRIMER AND OPEN SPACE TRUST FUND
BUDGET
Linda Sawyer, Qualified Purchasing Agent, provided purchasing procedures and
internal controls use by the Borough, noting a recommended change to the process
for Council approval of voucher, which will save time. Following discussion there
was consensus to change the voucher procedure begin the next Council meeting
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Regular Meeting Minutes – January 23, 2017
01/23/2017-3 OPEN SPACE TRUST FUND APPROPRIATION FOR
BLEACHER PROJECT
Mr. Burnet provided information regarding a request for $274,000 for bleachers at
the Madison Recreation Center, noting the Open Space Committee has reviewed
the project funding request and is recommending Council approval. There was no
objection to listing an ordinance for introduction.
Ordinance 6-2017 is listed for introduction.
01/23/2017-4 BIKEWAY GRANT FROM NJ DEPARTMENT OF
TRANSPORTATION
Mr. Wolkowitz recommended that the Council approve a request to apply to the New
Jersey Department of Transportation for a grant to fund the rehabilitation and
expansion of the municipal bikeway system, which includes signage, striping and
bike racks throughout the Borough.
Resolution 48-2017 is listed on Consent Agenda.
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 January 9, 2017, 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 1-2017
ORDINANCE OF THE BOROUGH OF MADISON APPROPRIATING
$1,330,000.00 FROM THE GENERAL CAPITAL IMPROVEMENT FUND
FOR 2017 ROAD RECONSTRUCTION PROJECTS, RELATED WORK
AND MISCELLANEOUS PROJECTS
WHEREAS, the Borough Engineer has recommended that the Borough
appropriate $1,330,000.00 from the General Capital Improvement Fund for 2017
Road Reconstruction Projects, including new pavement, traffic calming and
pedestrian sidewalk ramp improvements, related work and miscellaneous projects
throughout the Borough; 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
$1,330,000.00 for this purpose; and
WHEREAS, the Borough Council has determined that the Borough should
appropriate $1,330,000.00 from the General Capital Improvement Fund for the 2017
Road Reconstruction Projects, related work and miscellaneous projects throughout
the Borough.
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Regular Meeting Minutes – January 23, 2017
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 $1,330,000.00 is hereby appropriated
from the General Capital Improvement Fund for the 2017 Road Reconstruction
Projects, related work and miscellaneous projects throughout the Borough.
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 1-2017. Since no member of the
public wished to be heard, the public hearing was closed.
Mrs. Vitale moved that Ordinance 1-2017, which was 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: Mrs. Vitale, Ms. Baillie, Mr. Wolkowitz, Mr. Rowe, Mrs. Byrne
Nays: None
Absent: Landrigan
Mayor Conley declared Ordinance 1-2017 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 2-2017
ORDINANCE OF THE BOROUGH OF MADISON APPROPRIATING
$1,136,000.00 FROM THE GENERAL CAPITAL IMPROVEMENT FUND
FOR 2017 MILLING AND OVERLAY PROJECTS
WHEREAS, the Borough Engineer has recommended that the Borough
appropriate $1,136,000.00 from the General Capital Improvement Fund for 2017
Milling and Overlay projects, including mill, overlay, signage, striping, curb, sidewalk
and crack sealing improvements, related work and miscellaneous projects
throughout town; 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
$1,136,000.00 for this purpose; and
WHEREAS, the Borough Council has determined that the Borough should
appropriate $1,136,000.00 from the General Capital Improvement Fund for the 2017
Milling and Overlay projects, signage, striping, curb, sidewalk and crack sealing
improvements, related work and miscellaneous projects throughout town.
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:
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Regular Meeting Minutes – January 23, 2017
SECTION 1: The amount of $1,136,000.00 is hereby appropriated
from the General Capital Improvement Fund for the 2017 Milling and Overlay
projects, signage, striping, curb, sidewalk and crack sealing improvements, related
work and miscellaneous projects throughout town.
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 2-2017. Since no member of the
public wished to be heard, the public hearing was closed.
Mrs. Vitale moved that Ordinance 2-2017, which was 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: Mrs. Vitale, Ms. Baillie, Mr. Wolkowitz, Mr. Rowe, Mrs. Byrne
Nays: None
Absent: Landrigan
Mayor Conley declared Ordinance 2-2017 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 3-2017
ORDINANCE OF THE BOROUGH OF MADISON APPROPRIATING
$400,000.00 FROM THE WATER CAPITAL IMPROVEMENT FUND FOR
WATER MAIN REPLACEMENT PROJECTS AND RELATED WORK ON
LOCAL ROADS
WHEREAS, the Borough Engineer has recommended that the Borough
appropriate $400,000.00 from the Water Capital Improvement Fund for construction
of water main Replacements and related work on local roads; and
WHEREAS, the Chief Financial Officer has attested to the availability of the
funds in the Water Capital Improvement Fund in an amount not to exceed
$400,000.00 for this purpose; and
WHEREAS, the Borough Council has determined that the Borough should
appropriate $400,000.00 from the Water Capital Improvement Fund for construction
of water main replacements and related work on Local roads; and
NOW, THEREFORE, BE IT ORDAINED by the Council of the Borough of
Madison, in the County of Morris and State of New Jersey, as follows:
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Regular Meeting Minutes – January 23, 2017
SECTION 1: The amount of $400,000.00 is hereby appropriated from the
Water Capital Improvement Fund for construction of water main replacements and
related work on Local roads.
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 3-2017. Since no member of the
public wished to be heard, the public hearing was closed.
Mrs. Vitale moved that Ordinance 3-2017, which was 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: Mrs. Vitale, Ms. Baillie, Mr. Wolkowitz, Mr. Rowe, Mrs. Byrne
Nays: None
Absent: Landrigan
Mayor Conley declared Ordinance 3-2017 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 4-2017
ORDINANCE OF THE BOROUGH OF MADISON AMENDING CHAPTER
14 OF THE BOROUGH CODE REGARDING INDEMNIFICATION OF
MUNICIPAL OFFICIALS AND EMPLOYEES
WHEREAS, the Borough of Madison adopted § 14-1 and § 14-2 of the Code
of the Borough of Madison which provides for reimbursement of legal fees, in limited
circumstances, to officials and employees of the Borough who incur these expenses
arising out of their employment with the Borough; and
WHEREAS, it is in the best interest of the Borough to amend Chapter 14 of
the Code in order to clarify the limitations and to update the chapter in order to be
similar to the MEL”s model Indemnification Ordinance and other Joint Insurance
fund policies.
NOW, THEREFORE, BE IT ORDAINED by the Borough Council of the
Borough of Madison, in the County of Morris and State of New Jersey that Chapter
14 of the Borough Code be amended as follows:
§ 14-1 General conditions; civil actions.
[Amended 3-14-1977 by Ord. No. 6-77; 9-10-2007 by Ord. No. 61-2007; 2017 by
Ord. No. 2]
Subject to the limitations set forth in the subsequent sections of this chapter,
whenever any civil action has been or shall be brought against any person
(hereinafter referred to as "employee" or “official”) holding or formerly holding any
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Regular Meeting Minutes – January 23, 2017
office, position or employment with the Borough of Madison for any action or
omission arising out of or in the course of the performance of the duties of such
office, position or employment, the Borough shall defray all costs of defending such
action, including reasonable counsel fees and expenses, together with costs of
appeal, if any, and shall save harmless and protect such persons from any financial
loss resulting from the litigation. The Borough shall provide for defense of and
indemnify any present or former employee or official of the Borough who becomes a
defendant in a civil action if the person or persons involved:
A. Acted or failed to act in a matter in which the Borough has or had an interest;
B. Acted or failed to act in the discharge of a duty imposed or authorized by
law; and
C. Acted or failed to take action in good faith.
However, the Borough shall not indemnify any employee or official against the
payment of punitive damages, penalties, or fines, but may provide for the legal
defense of such claims in accordance with the standards set forth in this chapter.
The Borough may refuse to provide for the defense and indemnification of any civil
action referred to in this chapter if the Borough Council determines that:
A. The act or omission did not occur within the scope of a duty authorized or
imposed by law;
B. The act or omission was the result of actual fraud, willful misconduct, or
actual malice; or
C. The defense of the action or proceeding by the Borough would create a
conflict of interest between the Borough and the employee(s) or official(s)
involved.
In any other action or proceeding, including criminal proceedings, the Borough may
provide for the defense of a present or former employee or official if the Borough
Council concludes that such representation is in the best interest of the Borough
and that the person to be defended acted or failed to act in accordance with the
standards set forth in this ordinance.
Whenever the Borough provides for the defense of any action set forth herein and
as a condition of such defense, the Borough may assume exclusive control over the
representation of such persons defended and such person shall fully cooperate with
the Borough. The Borough may provide for the defense pursuant to this ordinance
by authorizing its attorney to act on behalf of the person being defended or by
employing other counsel for this purpose or by asserting the right of the Borough
under any appropriate insurance policy that requires the insurer to provide the
defense. The Borough Attorney or other attorney selected by the Borough Council
shall represent the Borough official or employee, at a cost not to exceed the hourly
rate which the Borough compensates its Borough Attorney.
§ 14-2 Criminal actions.
[Amended 9-10-2007 by Ord. No. 61-2007]
The Borough shall not defray the costs of defending any criminal action against any
Borough employee or official except as may be authorized by state statute or other
municipal ordinance or resolution of the Borough of Madison, and in those
circumstances, the responsibility for defraying the costs of defending such employee
or official shall be applicable only when such criminal proceedings shall have been
dismissed or result in a final disposition in favor of the employee or official. Further,
in the event that the Borough indemnifies the employee or official, the cost of that
indemnification shall not exceed the hourly rate paid to the Borough Attorney.
Nonetheless, should the Borough Council determine that there is good cause to
dismiss the employee or official arising out of the incident or related incidents of the
criminal prosecution, the Borough will not reimburse the employee or official for
legal defense and costs of defending the suit, even though criminal proceedings
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Regular Meeting Minutes – January 23, 2017
against the employee or official may be dismissed or the employee or official found
not guilty.
§ 14-3 Ethics Proceedings
[Added 2017 by Ord. No. 2]
The Borough will not provide a defense for employees or officials who are charged
with ethical offenses or violations. The Borough Council may, however, authorize
the Borough to reimburse the employee or official for the reasonable cost of the
defense of ethics proceeding, including investigation, costs and reasonable legal
fees, as further defined in this chapter, provided that the ethics proceeding is
dismissed or is finally determined in favor of the employee or official. In addition, the
Borough may indemnify an employee or official if the Mayor and Council, by a
majority vote, finds that a Borough employee or official who is found to have
committed an ethical offense acted in a manner that was reasonably debatable at
the time that the violation occurred and that the employee or official’s actions or
omissions did not constitute willful misconduct or an intentional wrong.
§ 14-4 Limitations.
[Amended 3-14-1977 by Ord. No. 6-77; 2017 by Ord. No. 2]
The Borough shall not be obligated to defend and indemnify its employees or
officials if:
A. The alleged act or omission was not within the scope of employment or
authority, or the act or omission does not arise out of and is not directly
related to the employee or official’s lawful exercise of his or her authority or
duty in furtherance of the employee or official’s authority or duty;
B. The claim arises from circumstances under which the Borough itself would
not be liable for the acts of its employees or officials under the doctrine of
respondent superior;
C. The act or omission constitutes a criminal offense, ethical offense, actual
fraud, intentional or willful misconduct, actual malice, or an intentional or
wrongful act or omission;
D. There exist policies of insurance, either obtained by the Borough or by any
other, by virtue of which the employee or official is entitled to a defense in
question from any insurer, including coverage pursuant to the Joint
Insurance Fund or Municipal Express Liability Policies;
E. If the action or proceeding was brought by the Borough itself against the
employee or official;
F. If the Borough employee or official has failed to substantially cooperate with
the Borough and its agents, servants, attorneys, and employees in
connection with the matter; or
G. If it is not deemed appropriate by the Borough Council pursuant to the
provisions of the New Jersey Tort Claims Act, N.J.S.A. 59:10-1 et seq., or
any other statute or applicable law.
Specifically excluded from the provisions of this chapter are the following classes of
employees, officials, or former employees or officials:
A. Any municipal employee or official providing any form of professional medical
services, such as doctors and nurses, insofar as said civil action arises out of or
concerns those professional medical services.
B. Any part-time professional municipal employee or official, such as the Borough
Attorney, Assistant Attorney, Auditor and Engineer, insofar as said civil action arises
out of or concerns those professional services. This exclusion does not pertain to
full-time professional employees such as the Borough Engineering Administrator
and Finance Officer.
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Regular Meeting Minutes – January 23, 2017
§ 14-5 Counterclaims or affirmative actions.
[Added 2017 by Ord. No. 2]
If the Borough employee or official files any counteraction, counterclaim, or asserts
any affirmative claims in the legal proceedings, the Borough shall not be obligated to
reimburse the employee or official for any attorney’s fees or costs attributed to such
counteraction, counterclaim, or affirmative claim.
§ 14-6 Notice of claims to be provided to the Borough.
[Added 2017 by Ord. No. 2]
A Borough employee or official shall not be entitled to indemnification or
reimbursement pursuant to this chapter unless, within fifteen (15) calendar days of
the time he or she is served with any summons, complaint, process, notice, demand
or pleading, he or she delivers the original or a copy thereof to the Borough. Any
Borough employee or official who receives notice of a claim or is named as a party
in any civil suit, ethics proceeding, or criminal proceeding either in his or her official
capacity or in an individual capacity for events arising out of or connected directly or
indirectly with the performance of his or her duty as a Borough employee or official
shall promptly advise the Borough Administrator and the Borough Attorney of the
claim or that the civil suit or criminal proceeding has been commenced and shall
supply a copy of any and all notices and pleadings pertaining to the matter. The
Borough employee or official shall thereafter cooperate with the appropriate
Borough agents, attorneys, servants and employees in effectuating the provisions of
this chapter.
§ 14-7Definitions.
[Added 3-14-1977 by Ord. No. 6-77; amended 9-10-2007 by Ord. No. 61-2007;
2017 by Ord. No. 2]
As used in this chapter, the following terms shall have the meanings indicated:
OFFICIAL or EMPLOYEE
Any person elected, appointed or employed by the Borough, paid or unpaid, in any
way connected with the municipal government of the Borough of Madison, except
for persons appointed to committees having no powers other than to advise.
"Employee" shall include all persons on the municipal payroll. These terms shall not
mean:
A. Any person who is not a natural person;
B. Any person while providing goods or services of any kind under
any contract with the Borough except an employment contract;
C. Any person while providing legal or engineering services for
compensation unless said person is a full-time employee of the
Borough; or
Any person who as a condition of his or her appointment or contract is required to indemnify
and defend the Borough and or/secure insurance.
Mayor Conley opened up the public hearing on Ordinance 4-2017. Since no member of the
public wished to be heard, the public hearing was closed.
Ms. Baillie moved that Ordinance 4-2017, which was read by title, be finally
adopted. Mrs. Vitale seconded the motion. There was no Council discussion, and
the motion passed with the following roll call vote recorded:
Yeas: Mrs. Vitale, Ms. Baillie, Mr. Wolkowitz, Mr. Rowe, Mrs. Byrne
Nays: None
Absent: Landrigan
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Regular Meeting Minutes – January 23, 2017
Mayor Conley declared Ordinance 4-2017 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.
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.
Tom Haralampoudis; Pomeroy Road, express his happiness with the introduction
of Ordinance 7-2017 regarding 4 hour parking Borough wide. Mr. Haralampoudis
also noted that he would like to see part of the electric utility surplus used to reduce
debt.
John Hoover; Overhill Drive, asked about the bill payment process for utility
payments, asking if the process could be more efficient.
Bob Jennings; Albright Circle, voiced his frustration regarding the Board of
Education not moving to the east wing of the Hartley Dodge Memorial, noting it
would be beneficial to the Borough taxpayers.
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 February 13, 2017 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 5-2017 ORDINANCE OF THE BOROUGH OF MADISON
AMENDING CHAPTER 94 OF THE MADISON BOROUGH CODE ENTITLED
“ELECTRIC UTILITY” TO AUTHORIZE REIMBURSEMENT FOR ELECTRIC
INFRASTRUCTURE IMPROVEMENTS
WHEREAS, the Borough Administrator of the Borough of Madison
has recommended that the Borough Code be amended to recoup all costs
associated with electric infrastructure improvements generated by development
activities; and
WHEREAS, the Borough Council, after due consideration has
determined to proceed with said recommendation.
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:
§94-3 Matters primarily of interest to developers, builders, contractors and
electricians installing wiring, fixtures and appliances in homes and buildings.
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NEW DEVELOPMENTS
3.01 Borough planning regulations require that in all new
subdivisions and developments , the owner furnish and install, at his
expense, all electric utility poles (pr underground conduit, if he so
desires), conductors, pole hardware, street lights, transformers and
secondary wires, within the limits of the proposed development. The
Department will install service drops. All off-site, and/or additional
onsite electric infrastructure improvements required to provide
electric service to the subject property shall be at the expense of the
property owner.
SECTION 1: Appendix C to Chapter 94 of the Borough Code,
entitled “Borough of Madison Electric Utility Department Rules and Regulations” is
hereby amended.
SECTION 2: All other terms remain the same, except those
changed herein.
SECTION 3: This Ordinance shall take effect as provided by law.
Mr. Wolkowitz moved that Ordinance 5-2017, which the Borough Clerk read by title,
be adopted. Mr. Rowe seconded the motion. There was no Council discussion, and
the motion passed with the following roll call vote recorded:
Yeas: Mrs. Vitale, Ms. Baillie, Mr. Wolkowitz, Mr. Rowe, Mrs. Byrne
Nays: None
Absent: Landrigan
ORDINANCE 6-2017 ORDINANCE OF THE BOROUGH OF MADISON
APPROPRIATING $274,000.00 FROM THE MUNICIPAL OPEN SPACE TRUST
FUND TO INSTALL BLEACHERS AT THE MADISON RECREATION CENTER
WHEREAS, the Open Space Advisory Committee has recommended
funding up to $274,000.00 from the Municipal Open Space Trust Fund for
installation of bleachers at the Madison Recreation Center (MRC); and
WHEREAS, $27,500.00 was donated for the bleacher project by the various
Madison Sports groups and associations utilizing the MRC turf fields for their
programs which was deposited into the Municipal Open Space Trust Fund; and
WHEREAS, the Chief Financial Officer has attested to the availability of the
funds in the Municipal Open Space Trust Fund in an amount not to exceed
$274,000.00 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 $274,000.00 is hereby appropriated from the
Municipal Open Space Trust Fund to install bleachers at the Madison Recreation
Center.
PAGE 13 OF 23
Regular Meeting Minutes – January 23, 2017
SECTION 2: The budget of the Borough is hereby amended to conform
with the provisions of this Ordinance.
SECTION 3: This Ordinance shall take effect as provided by law.
Mr. Wolkowitz moved that Ordinance 6-2017, which the Borough Clerk read by title,
be adopted. Ms. Baillie seconded the motion. There was no Council discussion, and
the motion passed with the following roll call vote recorded:
Yeas: Mrs. Vitale, Ms. Baillie, Mr. Wolkowitz, Mr. Rowe, Mrs. Byrne
Nays: None
Absent: Landrigan
ORDINANCE 7-2017 ORDINANCE OF THE BOROUGH OF MADISON
AMENDING AND SUPPLEMENTING CHAPTER 185 ENTITLED, “VEHICLES AND
TRAFFIC” ARTICLE II, “NO PARKING CERTAIN HOURS” TO LIMIT PARKING TO
FOUR HOURS FOR ALL STREETS IN MADISON WITHOUT MORE
RESTRICTIVE PARKING HOURS
WHEREAS, the Borough has ascertained that the designation of four (4)
hour parking would be beneficial to the Borough’s residents and the efficient
operations of the Borough; and
WHEREAS, an amendment to the Code of the Borough is required in order
to implement a provision allowing for the designation of four (4) hour no-parking
areas throughout the Borough:
NOW, THEREFORE, BE IT RESOLVED, by the Borough Council of the
Borough of Madison that the following provision of the Code of the Borough is
amended as follows:
Section 185-30 of the Code of the Borough of Madison entitled "Schedule II:
"No Parking Certain Hours", subsection shall have the following added to it:
§ 185-30. No Parking Certain Hours:
….
B.
In accordance with the provision of § 185-7, no person shall park a vehicle
on any public street of the Borough of Madison for more than 4 hours,
Monday – Friday, except holidays between the hours of 8:00 a.m. and 4:00
p.m. prevailing time unless posted otherwise.
….
AND BE IT FURTHER RESOLVED that any prior Ordinances which are
inconsistent with this Ordinance are hereby repealed to the extent of such
inconsistencies;
PAGE 14 OF 23
Regular Meeting Minutes – January 23, 2017
AND BE IT FURTHER RESOLVED that should any section, part of any
section, or clause or phrase of this Ordinance for any reason be held to be invalid or
unconstitutional, such decision shall not affect the remaining provisions of this
Ordinance;
AND BE IT FURTHER RESOLVED that this Ordinance shall become
effective upon final passage and publication as required by law.
Ms. Byrne moved that Ordinance 7-2017, which the Borough Clerk read by title, be
adopted. Mr. Rowe seconded the motion. There was no Council discussion, and the
motion passed with the following roll call vote recorded:
Yeas: Mrs. Vitale, Ms. Baillie, Mr. Wolkowitz, Mr. Rowe, Mrs. Byrne
Nays: None
Absent: Landrigan
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.
Mrs. Vitale moved adoption of the Resolutions listed on the Consent Agenda. Ms.
Byrne seconded the motion. There was no Council discussion and the motion passed
with the following roll call vote recorded:
Yeas: Mrs. Vitale, Ms. Baillie, Mr. Wolkowitz, Mr. Rowe, Mrs. Byrne
Nays: None
Absent: Landrigan
R 44-2017 RESOLUTION OF THE BOROUGH OF MADISON APPOINTING
COMMISSIONERS TO THE NEW JERSEY PUBLIC POWER AUTHORITY
(NJPPA), A MUNICIPAL SHARED SERVICES ENERGY AUTHORITY
BE IT RESOLVED by the Council of the Borough of Madison in the County
of Morris and State of New Jersey, that JAMES E. BURNET, IV is hereby
appointed as the Borough's Commissioner to the New Jersey Public Power
Authority (NJPPA), effective immediately to represent the Borough of Madison,
New Jersey.
BE IT FURTHER RESOLVED that Raymond M, Codey is hereby
appointed as the Borough's Alternate Commissioner to the New Jersey Public
Power Authority (NJPPA) effective immediately to represent the Borough of
Madison, New Jersey.
R 45-2017 RESOLUTION OF THE BOROUGH OF MADISON APPROVING THE
ANNUAL LITTLE LEAGUE PARADE TO BE HELD ON SATURDAY, APRIL 22,
2017
PAGE 15 OF 23
Regular Meeting Minutes – January 23, 2017
WHEREAS, the Madison Little League has requested permission to hold its
annual Little League Parade on Saturday, April 22, 2017 to officially start their 2017
season; and
WHEREAS, the parade will begin at 12:00 Noon, and proceed on a route
approved by the Madison Borough Police Chief, said route beginning at the
intersection of Wilmer Street and Green Village Road, and it will continue down
Green Village Road to Main Street, continuing east on Main Street and turn left onto
Greenwood Avenue, continuing down Greenwood Avenue where it will conclude at
Dodge Field where there will be a brief ceremony at the conclusion of the parade;
and
WHEREAS, Police Chief Dachisen recommends approval of this request.
NOW, THEREFORE, BE IT RESOLVED, by the Council of the Borough of
Madison, County of Morris, State of New Jersey, that the request of the Madison
Little League to hold its annual Little League Parade in Madison on Saturday, April
22, 2017, as described herein is hereby approved, subject to any safety
requirements imposed by the Madison Police Department.
R 46-2016 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING
EXECUTION AND SUBMISSION OF CONSENT FORMS TO THE NJDEP FOR
PERMITS AUTHORIZING REPLACEMENT OF THE SANITARY SEWER MAIN
AND TREATMENT WORKS APPROVALS FOR MILLENNIUM DEVELOPMENT
GROUP, LLC
WHEREAS, the Borough Engineer requires authorization to act on behalf of
the Borough of Madison to execute and submit consent forms to the New Jersey
Department of Environmental Protection (NJDEP) in connection with treatment
works approvals for construction of sanitary sewers for the Kings Road
redevelopment of Block 5201, Lot 11 in the Borough of Madison along Kings Road,
in conjunction with the redevelopment applicant, Millennium Development Group,
LLC.
NOW, THEREFORE, BE IT RESOLVED, by the Council of the Borough of
Madison, in the County of Morris and State of New Jersey, that Robert Vogel,
Borough Engineer, is authorized to endorse TWA and WQM forms to be submitted
to the NJDEP as part of a Treatment Works Approval application, addressing
sanitary sewer main construction, on behalf of the Borough of Madison (owner of
the public sewer system), in cooperation with the applicants proposal to install
sewer mains to serve the redeveloped property which will include five (5) units at the
existing property located at Block 5201, Lot 11 in the Borough of Madison.
PAGE 16 OF 23
Regular Meeting Minutes – January 23, 2017
R 47-2017 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING
SETTLEMENT OF THE 2013, 2014, 2015 AND 2016 TAX APPEALS ENTITLED
UBS 2001-FL 1 GIRALDA FARMS, LLC V. MADISON BOROUGH, DOCKET NO.
:008734-2013; 004453-2014 ; 003228-2015 AND MADISON GIRALDA PROPERTY
OWNER, LLC V. BOROUGH OF MADISON, DOCKET NO. 004087-2016 OF THE
TAX ASSESSMENT OF BLOCK 3202, LOT 1, KNOWN AS LOANTAKA WAY, IN
THE BOROUGH OF MADISON, MORRIS COUNTY, NEW JERSEY
WHEREAS, appeals of the real property tax assessment for tax years 2013,
2014, 2015 and 2016 on Block 3202, Lot 1 have been filed by the Taxpayer, UBS
2001-FL 1 Giralda Farms, LLC and Madison Giralda Property Owner, LLC; 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 2013-2014 tax appeal is hereby authorized as follows:
Loantaka Way
Block 3202, Lot 1
Year: 2013, 2014
Original Assessment County Board Judgment Settlement Amount
Land: $9,023,900 N/A $7,500,000
Imprvts:$ 0 N/A $7,500,000
Total: $9,023,900 N/A $7,500,000
2. Settlement of the 2015-2016 tax appeal is hereby authorized as follows:
Loantaka Way
Block 3202, Lot 1
Year: 2015, 2016
Original Assessment County Board Judgment Settlement Amount
Land: $9,023,900 N/A $8,000,000
Imprvts: $ 0 N/A $8,000,000
Total: $9,023,900 N/A $8,000,000
3. 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.
PAGE 17 OF 23
Regular Meeting Minutes – January 23, 2017
R 48-2017 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING
NJDOT GRANT APPLICATION FOR THE MUNICIPAL BIKEWAY SYSTEM
WHEREAS, the Borough Administrator has recommended that the Borough
submit a 2017 New Jersey Department of Transportation Bikeway Grant Application
for funding to rehab, enchance and expand the municipal bikeway system; and
WHEREAS, the bikeway project will include signage, striping and bike racks
throughout 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 formally
approves the grant application for the above stated purpose.
BE IT FURTHER RESOLVED that if the grant is approved the Mayor and
Clerk are hereby authorized to sign the grant agreement on behalf of the Borough of
Madison and that their signature constitute acceptance of the terms and conditions
of the grant agreement.
R 49-2017 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING
$350,000 NJDOT MUNICIPAL AID APPLICATION FOR GREENWOOD AVENUE
ROAD RECONSTRUCTION
WHEREAS, the Borough Engineer has recommended that the Borough
submit a 2017 Municipal Aid Application to the New Jersey Department of
Transportation for the Greenwood Avenue Road Reconstruction Project; and
WHEREAS, the Greenwood Avenue Road Reconstruction Project will
comprise reconstruction of a heavily used collector road; and
WHEREAS, the Borough Engineer has determined that the reconstruction is
urgently needed due to current road conditions and need for curb and drainage
structure.
NOW, THEREFORE, BE IT RESOLVED, by the Council of the Borough of
Madison in the County of Morris in the State of New Jersey that the Borough
formally approves the grant application for the above stated project.
BE IT FURTHER RESOLVED that the Mayor and Borough Clerk are hereby
authorized to submit an electronic grant application identified as MA-2017-Madison
Borough-00225 to the New Jersey Department of Transportation on behalf of the
Borough of Madison.
BE IT FURTHER RESOLVED that the Mayor and Borough Clerk are hereby
authorized to sign the grant agreement on behalf of the Borough of Madison and
that their signature constitutes acceptance of the terms and conditions of the grant
agreement and approves the execution of the grant agreement.
PAGE 18 OF 23
Regular Meeting Minutes – January 23, 2017
R 50-2017 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING
SIGNATURE ON DECLARATION OF INTENT TO APPLY FOR 2017 MORRIS
COUNTY HISTORIC PRESERVATION TRUST FUND GRANT
WHEREAS, the Borough Administrator has recommended that the Borough
authorize the Mayor to submit a Declaration of Intent to apply to the Morris County
Historic Preservation Trust Fund 2017 Grant Program in connection with
renovations to the exterior plaza and East Wing at the Hartley Dodge Memorial
building (deadline for submittal of Declaration of Intent is February 28, 2017); and
WHEREAS, the Borough Council has determined it is appropriate to
authorize the Mayor to sign a Declaration of Intent to the Morris County Historic
Preservation Trust Fund 2017 Grant Program in connection with renovations to the
exterior plaza and East Wing at the Hartley Dodge Memorial building.
NOW, THEREFORE, BE IT RESOLVED, by the Council of the Borough of
Madison, in the County of Morris in the State of New Jersey that the Mayor is
authorized to sign a Declaration of Intent to submit a Grant Application to the Morris
County Historic Preservation Trust Fund 2017 Grant Program in connection with
renovations to the exterior plaza and East Wing at the Hartley Dodge Memorial
building (deadline February 28, 2017).
R 51-2017 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING A
SHARED SERVICE AGREEMENT WITH THE BOROUGH OF FLORHAM PARK,
TOWNSHIP OF EAST HANOVER AND THE TOWNSHIP OF HANOVER FOR
POLICE SPECIAL WEAPONS AND TACTICS “SWAT” UNITS
WHEREAS, the Borough of Florham Park, the Township of East Hanover,
the Township of Hanover and the Borough of Madison have agreed to enter into a
Shared Services agreement to receive and extend assistance in the form of Special
Weapons and Tactics Units (SWAT team) services and resources to one another
when assistance is requested; and
WHEREAS, all participating agencies included in this agreement are
members of the Morris Joint Insurance Fund (JIF) and assume liability as a result of
acts, omissions or conduct of each of the SWAT team members; 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 Madison Police
Chief is authorized to enter into a Shared Services agreement with the Borough of
PAGE 19 OF 23
Regular Meeting Minutes – January 23, 2017
Florham Park, the Township of East Hanover and the Township of Hanover to
receive and extend assistance in the form of SWAT team services and resources
when assistance is requested, such agreement to be in a form approved by the
Madison Borough Attorney.
R 52-2017 RESOLUTION OF THE BOROUGH OF MADISON RECOGNIZING
THE GOVERNOR’S COUNCIL ON ALCOHOLISM AND DRUG ABUSE FISCAL
GRANT CYCLE JULY 2014 TO JUNE 2019
Governor’s Council on Alcoholism and Drug Abuse
Fiscal Grant Cycle July 2014 to June 2019
FORM 1B
WHEREAS, the Governor’s Council on Alcoholism and Drug Abuse established the
Municipal Alliances for the Prevention of Alcoholism and Drug Abuse in 1989 to
educate and engage residents, local government and law enforcement officials,
schools, nonprofit organizations, the faith community, parents, youth and other allies
in efforts to prevent alcoholism and drug abuse in communities throughout New
Jersey; and
WHEREAS, the Borough Council of the Borough of Madison, County of Morris,
State of New Jersey recognizes that the abuse of alcohol and drugs is a serious
problem in our society amongst persons of all ages; and therefore has an
established Municipal Alliance Committee; and,
WHEREAS, the Borough Council further recognizes that it is incumbent upon not
only public officials but upon the entire community to take action to prevent such
abuses in our community; and,
WHEREAS, the Borough Council has applied for funding to the Governor’s Council
on Alcoholism and Drug Abuse through the County of Morris.
NOW, THEREFORE, BE IT RESOLVED by the Borough of Madison, County of
Morris, State of New Jersey hereby recognizes the following:
1. The Borough Council does hereby authorize submission of a strategic
plan for the Madison Municipal Alliance grant for fiscal year 2018 in the
amount of:
DEDR $ 12,419.00
Cash Match $ 3,104.75
In-Kind $ 9,314.25
2. The Borough Council acknowledges the terms and conditions for
administering the Municipal Alliance grant, including the administrative
compliance and audit requirements.
R 53-2017 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING
EXECUTION OF A REVISED AGREEMENT TO RESOLVE DIFFERENCES
CONCERNING PROPOSED DEVELOPMENT
WHEREAS the Borough of Madison and Rock-GW LLC, a limited liability
company of the State of Delaware (hereinafter called “Rock-GW”) desire to amicably
resolve differences with regard to a proposed development (including a residential
PAGE 20 OF 23
Regular Meeting Minutes – January 23, 2017
development and supportive housing) by Rock-GW on the Borough of Florham
Park, Tax Block 1401, Lots 1.06 and 1.09; and
WHEREAS, a copy of the proposed “Amended Agreement to Resolve
Differences Concerning Proposed Development” is attached hereto and
incorporated as if fully set forth herein;
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 Council hereby approve the proposed
Agreement entitled “Amended Agreement to Resolve Differences Concerning
Proposed Development” between the Borough of Madison and Rock-GW LLC.
2. The Mayor is authorized and directed to execute the proposed
Agreement.
3. A copy of this Resolution shall be sent to the following persons:
(a) Clerk, Borough of Madison,
(b) Rock-GW LLC
4. All Borough Madison officials are hereby authorized and directed to
take all action necessary and appropriate to effectuate the terms of this resolution.
R 54-2017 RESOLUTION OF THE BOROUGH OF MADISON APPOINTING
KENNETH SPENCER AND EDWARD W. COOKE TO THE POSITION OF
SUBSTITUTE CROSSING GUARD
BE IT RESOLVED, by the Council of the Borough of Madison, County of
Morris, State of New Jersey, that Kenneth Spencer and Edward W. Cooke are
hereby appointed to the position of substitute crossing guard, effective immediately.
BE IT FURTHER RESOLVED, by the Council of the Borough of Madison,
that they be compensated in accordance with the Borough of Madison Resolution
establishing the salaries for part-time, school crossing guards.
R 55-2017 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING
THE HIRING OF A HEARING OFFICER FOR DISCIPLINARY MATTERS.
WHEREAS, the Borough requires the services of a hearing officer to
conduct a disciplinary hearing for the Borough of Madison Police Department; and
WHEREAS, Timothy Quinn is an experienced and well qualified hearing
officer for matters regarding police officers; and
NOW, THEREFORE BE IT RESOLVED by the Mayor and Borough Council
of the Borough of Madison, in the County of Morris, State of New Jersey, as follows:
1. Timothy Quinn shall serve as the hearing officer for disciplinary
matters in the Borough of Madison Police Department.
PAGE 21 OF 23
Regular Meeting Minutes – January 23, 2017
2. Timothy Quinn shall be compensated $100.00 an hour for his
services, for amount not to exceed $5,000.00.
R 56-2017 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING
ST. BALDRICK’S CHILDREN’S’ CANCER EVENT AT WAVERLY PLACE ON
SUNDAY, MARCH 12, 2017
WHEREAS, Tom Selquist has applied for special permission to close
Waverly Place on Sunday, March 12, 201730, 2014, from noon to 5:00 p.m. 2:00
p.m. to 5:00 p.m.; and
WHEREAS, the Borough Council has determined that special permission
should be issued provided that Mr. Selquist complies with all requests from the
Police Department and Health Department.
NOW, THEREFORE, BE IT RESOLVED, by the Council of the Borough of
Madison, in the County of Morris, State of New Jersey, that special permission is
authorized to close Waverly Place on Sunday, March 12, 201730, 2014 from noon
to 5:00 2:00 p.m. to 5:00 p.m. subject to compliance with requests from Borough
officials.
UNFINISHED BUSINESS - None
APPROVAL OF VOUCHERS
On motion by Mrs. Vitale, seconded by Ms. Baillie 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 $2,892.04
Health & Public Assistance 1,458.89
Public Works & Engineering 88,915.69
Community Affairs 201.95
Finance & Borough Clerk 3,682,954.33
Utilities 364,560.65
Total $4,140,983.55
The following roll call vote was recorded approving the aforementioned vouchers:
Yeas: Mrs. Vitale, Ms. Baillie, Mr. Wolkowitz, Mr. Rowe, Mrs. Byrne
Nays: None
Absent: Landrigan
NEW BUSINESS
Mayor Conley announced the following appointment requiring Council
confirmation:
PAGE 22 OF 23
Regular Meeting Minutes – January 23, 2017
SHADE TREE MANAGEMENT BOARD
Thomas Salaki, At Large, 1 Fairwood Road, for an unexpired five year term
through December 31, 2019.
SENIOR CITIZEN ADVISORY BOARD
Ellwood (Woody) R. Kerkeslager, MACA Rep, 60 Prospect Street, for a
one year term through December 31, 2017.
Mrs. Vitale moved confirmation of the foregoing appointments. Ms. Baillie seconded
the motion. There was no Council discussion and the motion passed with the following
roll call vote recorded:
Yeas: Mrs. Vitale, Ms. Baillie, Mr. Wolkowitz, Mr. Rowe, Mrs. Byrne
Nays: None
Absent: Landrigan
ADJOURN
There being no further business to come before the Council, the meeting was
adjourned at 9:50 p.m.
Respectfully submitted,
Elizabeth Osborne
Borough Clerk
Approved February 27, 2017 (EO)
PAGE 23 OF 23
Agenda
MAYOR AND COUNCIL
REGULAR MEETING AGENDA
JANUARY 23, 2017
Committee Room at 7:00 p.m.
1. CALL TO ORDER
2. STATEMENT IN COMPLIANCE WITH THE OPEN PUBLIC MEETINGS ACT
3. ROLL CALL
4. AGENDA REVIEW
5. READING OF CLOSED SESSION RESOLUTION
Council Chamber 8 p.m.
6. RECONVENE WITH (ALL) MEMBERS PRESENT ON JANUARY 23, 2017
7. PLEDGE OF ALLEGIANCE
8. MINUTES FOR APPROVAL
9. GREETING TO PUBLIC
10. REPORTS FROM COMMITTEES
Public Works and Engineering Carmela Vitale/ Patrick Rowe
Public Safety Robert Landrigan/Maureen Byrne
Finance and Borough Clerk Astri Baillie/Carmela Vitale
Utilities Benjamin Wolkowitz/Robert Landrigan
Health Patrick Rowe/Astri Baillie
Community Affairs Maureen Byrne/Benjamin Wolkowitz
11. COMMUNICATIONS AND PETITIONS
12. INVITATION FOR DISCUSSION (1 of 2)
13. AGENDA DISCUSSIONS
01/23/2017-1 FOUR (4) HOUR BOROUGH WIDE PARKING RESTRICTION
Ordinance 7-2017 listed for introduction
01/23/2017-2 PURCHASING PRIMER AND OPEN SPACE TRUST FUND BUDGET
01/23/2017-3 OPEN SPACE TRUST FUND APPROPRIATION FOR BLEACHER
PROJECT
Ordinance 6-2017 listed for introduction
01/23/2017-4 BIKEWAY GRANT FROM NJ DEPARTMENT OF TRANSPORTATION
Resolution 48-2017 listed on Consent Agenda
14. ORDINANCES FOR HEARING
ORDINANCE 1-2017
ORDINANCE OF THE BOROUGH OF MADISON APPROPRIATING $1,330,000.00
FROM THE GENERAL CAPITAL IMPROVEMENT FUND FOR 2017 ROAD
RECONSTRUCTION PROJECTS, RELATED WORK AND MISCELLANEOUS
PROJECTS
LAST PRINTED 1/20/2017 4:41:00 PM1
MAYOR AND COUNCIL MEETING AGENDA – JANUARY 23, 2017
ORDINANCE 2-2017
ORDINANCE OF THE BOROUGH OF MADISON APPROPRIATING $1,136,000.00
FROM THE GENERAL CAPITAL IMPROVEMENT FUND FOR 2017 MILLING AND
OVERLAY PROJECTS
ORDINANCE 3-2017
ORDINANCE OF THE BOROUGH OF MADISON APPROPRIATING $400,000.00
FROM THE WATER CAPITAL IMPROVEMENT FUND FOR WATER MAIN
REPLACEMENT PROJECTS AND RELATED WORK ON LOCAL ROADS
ORDINANCE 4-2017
ORDINANCE OF THE BOROUGH OF MADISON AMENDING CHAPTER 14 OF THE
BOROUGH CODE REGARDING INDEMNIFICATION OF MUNICIPAL OFFICIALS
AND EMPLOYEES
15. INVITATION FOR DISCUSSION (2 of 2)
16. INTRODUCTION OF ORDINANCES
ORDINANCE 5-2017 ORDINANCE OF THE BOROUGH OF MADISON AMENDING
CHAPTER 94 OF THE MADISON BOROUGH CODE ENTITLED “ELECTRIC UTILITY” TO
AUTHORIZE REIMBURSEMENT FOR ELECTRIC INFRASTRUCTURE IMPROVEMENTS
ORDINANCE 6-2017 ORDINANCE OF THE BOROUGH OF MADISON APPROPRIATING
$247,000.00 FROM THE MUNICIPAL OPEN SPACE TRUST FUND TO INSTALL
BLEACHERS AT THE MADISON RECREATION CENTER
ORDINANCE 7-2017 ORDINANCE OF THE BOROUGH OF MADISON AMENDING AND
SUPPLEMENTING CHAPTER 185 ENTITLED, “VEHICLES AND TRAFFIC” ARTICLE II, “NO
PARKING CERTAIN HOURS” TO LIMIT PARKING TO FOUR HOURS
17. CONSENT AGENDA RESOLUTIONS
R 44-2017 RESOLUTION OF THE BOROUGH OF MADISON APPOINTING
COMMISSIONERS TO THE NEW JERSEY PUBLIC POWER AUTHORITY (NJPPA), A
MUNICIPAL SHARED SERVICES ENERGY AUTHORITY
R 45-2017 RESOLUTION OF THE BOROUGH OF MADISON APPROVING THE ANNUAL
LITTLE LEAGUE PARADE TO BE HELD ON SATURDAY, APRIL 22, 2017
R 46-2016 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING EXECUTION
AND SUBMISSION OF CONSENT FORMS TO THE NJDEP FOR PERMITS AUTHORIZING
REPLACEMENT OF THE SANITARY SEWER FORCE MAIN AND TREATMENT WORKS
APPROVALS FOR THE MILLENNIUM DEVELOPMENT GROUP, LLC REDEVELOPMENT
R 47-2017 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING
SETTLEMENT OF THE 2013, 2014, 2015 AND 2016 TAX APPEALS ENTITLED UBS 2001-FL
1 GIRALDA FARMS, LLC V. MADISON BOROUGH, DOCKET NO. :008734-2013; 004453-
2014 ; 003228-2015 AND MADISON GIRALDA PROPERTY OWNER, LLC V. BOROUGH OF
MADISON, DOCKET NO. 004087-2016 OF THE TAX ASSESSMENT OF BLOCK 3202, LOT 1,
KNOWN AS LOANTAKA WAY, IN THE BOROUGH OF MADISON, MORRIS COUNTY , NEW
JERSEY
LAST PRINTED 1/20/2017 4:41:00 PM Page 2
MAYOR AND COUNCIL MEETING AGENDA – JANUARY 23, 2017
R 48-2017 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING NJDOT
GRANT APPLICATION FOR THE MUNICIPAL BIKEWAY SYSTEM
R 49-2017 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING $350,000
NJDOT MUNICIPAL AID APPLICATION FOR GREENWOOD AVENUE ROAD
RECONSTRUCTION
R 50-2017 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING SIGNATURE
ON DECLARATION OF INTENT TO APPLY FOR 2017 MORRIS COUNTY HISTORIC
PRESERVATION TRUST FUND GRANT
R 51-2017 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING A SHARED
SERVICE AGREEMENT WITH THE BOROUGH OF FLORHAM PARK, TOWNSHIP OF EAST
HANOVER AND THE TOWNSHIP OF HANOVER FOR POLICE SPECIAL WEAPONS AND
TACTICS “SWAT” UNITS
R 52-2017 RESOLUTION OF THE BOROUGH OF MADISON RECOGNIZING THE
GOVERNOR’S COUNCIL ON ALCOHOLISM AND DRUG ABUSE FISCAL GRANT CYCLE
JULY 2014 TO JUNE 2019
R 53-2017 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING EXECUTION
OF A REVISED AGREEMENT TO RESOLVE DIFFERENCES CONCERNING PROPOSED
DEVELOPMENT
R 54-2017 RESOLUTION OF THE BOROUGH OF MADISON APPOINTING KENNETH
SPENCER AND EDWARD W. COOKE TO THE POSITION OF SUBSTITUTE CROSSING
GUARD
R 55-2017 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING THE HIRING
OF A HEARING OFFICER FOR DISCIPLINARY MATTERS.
18. Unfinished Business
19. Approval of Vouchers
20. New Business
21. Adjournment
LAST PRINTED 1/20/2017 4:41:00 PM Page 3
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