Mayor & Council
Regular MeetingMadison, NJ · September 23, 2019
Minutes
MINUTES OF A REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE
BOROUGH OF MADISON
September 23, 2019 - 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 September, 2019. 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 10, 2019. 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:
Astri J. Baillie
Patrick W. Rowe
Maureen Byrne
John F. Hoover
Debra J. Coen
Absent: Carmela Vitale, excused
Also Present:
James E. Burnet, Assistant Borough Administrator
Elizabeth Osborne, Borough Clerk
John Napolitano, Esq. for Matthew J. Giacobbe, Esq. Borough Attorney
Absent: Raymond M. Codey, Borough Administrator, excused
AGENDA REVIEW
There was approval of the Regular and Executive Agenda.
READING OF CLOSED SESSION RESOLUTION
Ms. Baillie 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.
LITIGATION MATTERS (1)
AFFORDABLE HOUSING UPDATE
Date of public disclosure 60 days after conclusion, if disclosure required.
Regular Meeting Minutes – September 23, 2019
CONTRACT MATTERS (8)
RECYCLING CENTER CONSTRUCTION
YARD WASTE COLLECTION AND DISPOSAL
HEALTH SERVICES
BOARD OF EDUCATION-UPDATE
ELECTRIC POWER PURCHASE
HARTLEY DODGE MEMORIAL PLAZA RESTORATION
EMERGENCY STORM SEWER LINING
JACOB HENRY PERKINS TRUST
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 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 Regular Meeting Minutes of February 11, 2019.
Mr. Rowe seconded the motion, which passed with the following roll call vote
recorded:
Yeas: Ms. Baillie, Mr. Rowe, Ms. Byrne, Mr. Hoover, Ms. Coen
Nays: None
Absent: Mrs. Vitale
Ms. Baillie moved approval of the Regular Meeting Minutes of April 8, 2019. Mr.
Rowe seconded the motion, which passed with the following roll call vote recorded:
Yeas: Ms. Baillie, Mr. Rowe, Ms. Byrne, Mr. Hoover, Ms. Coen
Nays: None
Absent: Mrs. Vitale
GREETINGS TO PUBLIC
Mayor Conley made the following comments:
A Memorial Service for Ben Wolkowitz was held yesterday at Temple Sinai in
Summit. Mayor Conley asked for a moment of silence for Toni Scotti, daughter of
Tony Donato, Theresa Rowland, Studio Yoga founder and Maria Victoria Arana
Dew, wife of John Dew
AARP PRESENTATION: The Borough of Madison was recognized as an age
friendly community.
Mayor Conley welcomed and introduced Lavelle Jones, AARP NJ State President
Ms. Jones acknowledged the Borough Council and Tri-Town 555+ in their
collaborative age-friendly efforts.
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Regular Meeting Minutes – September 23, 2019
PROCLAMATION:
Mayor Conley presented the Museum of Early Trades and Crafts 50th Anniversary
Proclamation METC Director Deb Starker, staff and board members.
Proclamation
of the
B o r o u g h o f M a d i s on
In Recognition of the 50th Anniversary
of the Museum of Early Trades & Crafts
WHEREAS, housed in the James Library building, which was built in 1899, the
Museum of Early Trades & Crafts is listed on both the state and national registries of
historic buildings and is an anchor for historic downtown Madison and a key
participant in the cultural life of the community; and
WHEREAS, founded in 1969 by Edgar and Agnes Land, who provided their entire
collection of 6,000 artifacts for the purpose of exploring the lives and technology of
the first generations of New Jersey settlers, craftspeople, farmers and artisans; and
WHEREAS, the original museum exhibits were designed and constructed by Edgar
Land, who also developed and taught programs for children to ensure the historical
significance of these early immigrants and today, the museum is recognized
nationally for its innovative programs and has 10,000 visitors annually, 7,000 of
which are students from across the state; and
WHEREAS, in 1981, an endowment of $100,000 was raised by Edgar Land through
donations and membership and in 1995 under the guidance of Agnes Land, the
museum began a capital campaign for a complete renovation, reopening on Bottle
Hill Day 1997, revealing the stunning original interior and windows and new exhibit
space; and
WHEREAS, in recent years, the museum created a new, more modern logo and
branding and adopted a new Strategic Plan ensuring future success with a new
mission to inspire a connection with New Jersey’s history, culture, trades and crafts
and a new vision of sharing the past and inspiring the future; and
WHEREAS, in addition to being one of New Jersey’s premier history museums, the
museum became the Madison Visitor Center in 2017; and
WHEREAS, serving as the steward of the historic James Library building by working
with the Morris County Historic Preservation Trust and the Borough of Madison, the
Museum of Early Trades and Crafts has ensured the continued conservation and
preservation of the iconic building;
NOW, THEREFORE, I, Robert H. Conley, Mayor of the Borough of Madison, on
behalf of the governing body, do hereby congratulate the Museum of Early Trades
and Crafts on its 50th Anniversary and extend best wishes for its continued success.
___________________________
Robert H. Conley, Mayor
September 23, 2019
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Regular Meeting Minutes – September 23, 2019
REPORTS OF COMMITTEES
Public Safety
Ms. Baillie, Chair of the Committee, made the following comments:
The Madison Fire Department provided mutual aid early this morning at a
commercial building fire on Main Street in the Borough of Chatham. The Borough of
Madison will participate in a new emergency alert system with Morris County, ‘Alert
Morris’. This system will replace the current ‘Nixle’ system as of November 1st.
Residents are encouraged to enroll online at rosenet.org.
Finance and Borough Clerk
Mrs. Vitale, Chair of the Committee, absent.
Utilities
Mr. Rowe, Chair of the Committee, made the following comments:
The new Butler Building is completed on the outside. Thanks to Russ Brown and
Jim Burk for their assistance. The Line Clearance crew, Rich Tree Service, is
currently in week nine of a twelve-week contract. You may see crews on your street
clearing limbs and branches that are growing near our electrical wires. There have
been no emergencies, no power outages and no call-outs since the last meeting.
The Water Department continues Hydrant Flushing with approximately one-quarter
of the town tested and flushed. Flushing will continue through the month of October.
If you experience low pressure, discoloration of water or air bubbles in the water,
this is temporary, and running or flushing your own outside faucet or laundry sink
should alleviate the problem. The Department will also be installing new water
service and hose connections at the Elks Club parking lot for the purpose of Car
Wash Fundraising for various organizations.
Public Works and Engineering
Ms. Byrne, Chair of the Committee, made the following comments:
The Department of Public Works continues fall clean up, watered flower baskets
and various plantings. Cut, trimmed and weeded grass and shrubbery. Assisted with
the Farmers’ Market setup and the PBA fund raising event. Cifelli & Son Contracting
will start the water main replacement and drainage improvements on Community
Place in the next week. A Complete Streets committee meeting is schedule
September 18th and a pedestrian-safety “Street Smarts” program endorsed by
TransOptions in Morris County is being implemented in Madison in conjunction with
back to school programs this fall. The Environmental Commission held an ECO
House Tour this past Saturday that was well attended.
Community Affairs
Mr. Hoover, Chair of the Committee, made the following comments:
Health
Ms. Coen, Chair of the Committee, made the following comments:
Flu clinic dates are Wednesday, October 16th at the Civic Center from 9:00 -11:00
a.m. and Monday October 21st from 9:00 to 11:00 a.m. Madison residents may
attend any scheduled clinics, and all dates are on Rosenet.org. Depending on
vaccine supply additional clinics may be scheduled. The vaccine that will be
administered is regular dose, which is quadrivalent, offering 4 strains of protection
and NOT the high dose.
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Regular Meeting Minutes – September 23, 2019
COMMUNICATIONS AND PETITIONS
The Borough Clerk announced receipt of the following communications:
Letter dated September 19, 2019 from residents of Norman Circle regarding ground
water runoff.
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.
Thomas Haralampoudis; Pomeroy Road, raised concern regarding enforcement
of the proposed ban on plastic bags ordinance, and suggested that takeout foods
should be exempt.
AGENDA DISCUSSIONS
09/23/2019-1 BOROUGH SURPLUS POLICY – S. Rogut, V. Dolan
Mr. Burnet provided information regarding municipal surplus guidelines available on
the Borough website. Mr. Burnet also noted an Ad Hoc committee formed to discuss
municipal surplus. Bond Counsel Steven Rogut explained bond ratings and
municipal surplus, long term trends, noting limits on taxation, litigation and
affordable housing obligations. There was consensus to discuss surplus further with
the 2020 municipal budget.
09/23/2019-2 Item Removed
09/23/2019-3 HEALTH SERVICES
Ms. Coen explained a proposed resolution to renew a contract with the Township of
Bloomfield for Health Services, noting Madison will no longer be a provider of health
services to other communities.
Resolution 274-2019 is listed on the Consent Agenda.
09/23/2019-4 ELECTRIC VEHICLE CHARGING STATION
Lisa Ellis, Director of Business Development explained a proposed ordinance for a
reimbursable grant for an electric vehicle charging station, noting five possible
locations, with cost to the consumer.
Ordinance 48-2019 is listed for Introduction.
09/23/2019-5 POLICE FIRE ARMS TRAINING FACILITY
Police Lt Joseph Longo provide Council information regarding proposed
construction of a new Police Fire Arms Training Facility to the Borough’s John Street
facility. An appropriations ordinance will be listed on the next Council meeting
agenda.
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Regular Meeting Minutes – September 23, 2019
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 September 9, 2019, 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 44-2019
ORDINANCE OF THE BOROUGH OF MADISON AMENDING CH. 185 OF
THE BOROUGH CODE ENTITLED “VEHICLES AND TRAFFIC” TO
DELETE VALLEY ROAD AS A THROUGH STREET
WHEREAS, the Borough Administrator has recommended that Chapter 185-
35 of the Borough Code, entitled "Vehicles and Traffic", be amended to delete
Valley Road as a through street to allow the Engineering and Police Departments to
pursue enhanced traffic calming measures; and
WHEREAS, the Borough Council has determined that Valley Road should
be deleted from Ch. 185-35 as a through street to allow for additional traffic calming
measures.
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: Chapter 185-35 of the Borough Code is amended to delete
Valley Road as a through street
SECTION 3: This Ordinance shall take effect as provided by law.
Mayor Conley opened up the public hearing on Ordinance 44-2019. Since no member of
the public wished to be heard, the public hearing was closed.
Ms. Baillie moved that Ordinance 44-2019, 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: Ms. Baillie, Mr. Rowe, Ms. Byrne, Mr. Hoover, Ms. Coen
Nays: None
Absent: Mrs. Vitale
Mayor Conley declared Ordinance 44-2019 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 45-2019
ORDINANCE OF THE BOROUGH OF MADISON APPROPRIATING
$65,000.00 FROM THE GENERAL CAPITAL IMPROVEMENT FUND FOR
EMERGENCY STORM SEWER LINING REPAIR BETWEEN LOVELAND
STREET AND ANTHONY DRIVE
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Regular Meeting Minutes – September 23, 2019
WHEREAS, the Borough Engineer has advised the Council that a storm
sewer is in imminent danger of failure and collapse between Loveland Street and
Anthony Drive requiring emergency replacement in order to protect the health and
welfare of the public; and
WHEREAS, the Borough Engineer has requested that the Borough
appropriate $65,000.00 from the General Capital Improvement Fund to pay for
these emergency repairs; and
WHEREAS, the Chief Financial Officer has attested to the availability of the
funds in the General Capital Improvement Fund in an amount not to exceed
$65,000.00 for this purpose; and
WHEREAS, the Borough Council has determined that the Borough should
appropriate $65,000.00 from the General Capital Improvement Fund for the
emergency repair of the storm sewer between Loveland Street and Anthony Drive.
NOW, THEREFORE, BE IT ORDAINED by the Council of the Borough of
Madison, in the County of Morris and State of New Jersey, as follows:
SECTION 1: The amount of $65,000.00 is hereby appropriated
from the General Capital Improvement Fund for the emergency repair of the storm
sewer between Loveland Street and Anthony Drive.
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 45-2019. Since no member of
the public wished to be heard, the public hearing was closed.
Ms. Byrne moved that Ordinance 45-2019, which was read by title, be finally
adopted. Mr. Hoover seconded the motion. There was no Council discussion and
the motion passed with the following roll call vote recorded:
Yeas: Ms. Baillie, Mr. Rowe, Ms. Byrne, Mr. Hoover, Ms. Coen
Nays: None
Absent: Mrs. Vitale
Mayor Conley declared Ordinance 45-2019 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 46-2019
ORDINANCE OF THE BOROUGH OF MADISON APPROPRIATING
$100,000.00 FROM THE GENERAL CAPITAL IMPROVEMENT FUND FOR
THE DEPARTMENT OF PUBLIC WORKS RECYCLING CENTER
PROJECT
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Regular Meeting Minutes – September 23, 2019
WHEREAS, Ordinance 34-2019 appropriates $110,000.00 from the General
Capital Improvement Fund for the Department of Public Works Recycling Center;
and
WHEREAS, the Assistant Borough Engineer has recommended that the
Borough appropriate an additional $100,000.00 from the General Capital
Improvement Fund for the Department of Public Works Recycling Center project;
and
WHEREAS, funds are available in the General Capital Improvement Fund
and the availability of funds has been certified by the Chief Financial Officer; and
WHEREAS, the Borough Council has determined that the Borough should
appropriate an additional $100,000.00 from the General Capital Improvement Fund
for the Department of Public Works Recycling Center project.
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 $100,000.00 is hereby appropriated from the
General Capital Improvement Fund for the Department of Public Works Recycling
Center project.
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 46-2019. Since no member of
the public wished to be heard, the public hearing was closed.
Ms. Byrne moved that Ordinance 46-2019, which was read by title, be finally
adopted. Mr. Hoover seconded the motion. There was no Council discussion and
the motion passed with the following roll call vote recorded:
Yeas: Ms. Baillie, Mr. Rowe, Ms. Byrne, Mr. Hoover, Ms. Coen
Nays: None
Absent: Mrs. Vitale
Mayor Conley declared Ordinance 46-2019 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.
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Regular Meeting Minutes – September 23, 2019
Thomas Haralampoudis; Pomeroy Road, asked Council to consider Livsey Park
as a drop off/pick up area to improve pedestrian safety at the Kings Road
Elementary School.
Claire Whitcomb; Fairwood Road, Chairperson of the Madison Environmental
Commission, supported the introduction of an ordinance to ban the use of plastic
bags, noting surrounding town introducing similar legislation.
Sandra LeVigne; Hackettstown, representing the Great Swamp Watershed
Association, thanked the Council for the introduction of an ordinance to ban the use
of plastic bags.
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 October 16, 2019 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 47-2019 ORDINANCE OF THE BOROUGH OF MADISON
PROHIBITING THE USE OF PLASTIC BAGS AND REGULATING THE USE OF
PAPER BAGS BY RETAIL ESTABLISHMENTS WITHIN THE BOROUGH OF
MADISON
The purpose of this Ordinance is to encourage the use of reusable bags by
customers by reducing the use of disposable paper and plastic non-reusable
check out bags by retail establishments in the Borough of Madison.
WHEREAS, on average, one person uses 500 single-use disposable bags
per year, 4 billion single use shopping bags are used annually in New Jersey,
and 102 billion are used nationwide; and
WHEREAS, windblown plastic bags degrade our land and waterways,
and 80% of the plastic and trash that finds its way into our oceans comes from
the land; and
WHEREAS, 12 million barrels of oil are used annually to manufacture the
plastic bags that Americans use; and
WHEREAS, according to the EPA, seabirds, fish, and other marine and
land-based wildlife mistake plastic for food, while others can become entangled
in the plastic trash, thus leading to exhaustion, starvation, and eventual death;
and
WHEREAS, plastic breaks down into microplastics that measure 5
millimeters or less, which are ingested by shrimp, plankton, fish, birds, turtles,
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Regular Meeting Minutes – September 23, 2019
and other sea creatures. Microplastics absorb toxic chemicals, harms marine life,
and can be consumed by humans via seafood and potable water; and
WHEREAS, it is beyond dispute that the use of single-use, plastic
carryout bags has a severe and negative environmental impact on the local and
global environment as a result of the greenhouse gas emissions emitted to
produce such bags, the land-based and ocean-based pollution created, the
hazards posed to wildlife, the hazards posed to sources of water for humans, and
the negative impact on the ecosystem and food chain as a whole; and
WHEREAS, 5% or fewer single-use carryout bags are actually recycled;
and
WHEREAS, the Borough of Madison taxpayers currently bear the costs
associated with the negative impact of plastic, single-use carryout bags; and
WHEREAS, the Borough of Madison taxpayers currently bear the costs
associated with improper placement of plastic bags in recycling containers
resulting in increased costs for contaminated recycling; and
WHEREAS, the use of paper carry-out bags has a present adverse
impact on the environment, this impact is less than single use plastic carry-out
bags as plastic bags may take hundreds of years to degrade releasing toxic
materials during the process; and
WHEREAS, Madison Borough residents understand that reusable
bags consume far less energy and natural resources than single use plastic
carry-out bags and paper carry out bags; and
WHEREAS, the Borough of Madison desires to reduce the number of
disposable paper and plastic checkout bags that are being burned, used,
discarded and littered and to promote the use of reusable checkout bags by
retail establishments located within the Borough of Madison; and
WHEREAS, the Borough Council of the Borough of Madison finds that
the reduction in the use of disposable paper and plastic checkout bags by
retail establishments within the Borough of Madison promotes a legitimate
public purpose; and
WHEREAS, in accordance with N.J.S.A. 40:48-2, a municipality in
New Jersey may enact such ordinances "as it may deem necessary and
proper for the good government, order and protection of persons and
property, and for the preservation of the public health, safety and welfare of
the municipality and its inhabitants”; and
WHEREAS, regulating the use of plastic bags and paper bags will
preserve the public health, safety, and welfare of the municipality.
NOW, THEREFORE BE IT ORDAINED, by the Borough Council of
the Borough of Madison, County of Morris, State of New Jersey as follows:
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Regular Meeting Minutes – September 23, 2019
Section 1. Chapter 136A (Plastic Bags, Single Use) of the Code of the
Borough of Madison is hereby inserted to read as follows:
136A-1 DEFINITIONS
As used in this Chapter, the following terms shall have the meanings indicated.
Customer Any person purchasing goods or services from a retail
establishment.
Operator Any person in control of, or having the responsibility for, the
operation of a retail establishment, which may include, but is not limited
to, the owner of the retail establishment.
Person Any natural person, firm, corporation, partnership, or other
organization or group however organized.
Reusable Bag Any bag with handles that is specifically designed and
manufactured to withstand repeated uses over a period of time and is
made from cotton cloth or other washable fabric, polyester,
polypropylene, or other durable material or plastic that is at least 10 mils
in thickness and meets the following criteria:
Has a minimum life capability of 125 or more uses carrying 22 or
more pounds over a distance of at least 175 feet; and
Is machine washable or is made from a material that can be
cleaned or disinfected.
Single use plastic carry-out bag Any bag made predominantly of plastic
that is not made or intended for reuse that is provided by an operator of a
retail establishment to a customer at the point of sale. This definition
specifically exempts the following from the category of "Single Use
Plastic Carry-out Bag":
(a) Bags provided by operators and used by consumers inside retail
establishments to:
package bulk items, such as fruit, vegetables, nuts, grains,
candies, or small hardware items;
contain or wrap frozen foods, meat, or fish, whether packaged or
not;
contain or wrap flowers, potted plants, or other items where
dampness may be an issue;
contain live animals, such as fish or insects sold in pet stores;
contain unwrapped prepared foods or bakery goods; or
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Regular Meeting Minutes – September 23, 2019
contain pharmacy prescriptions or medicines; or
function as "produce bags" or "product bags," which shall mean
bags used exclusively to carry produce, meats, or other food items
to the point of sale inside a retail establishment or, for reasons of
public health and safety, to prevent such food items from coming
into direct contact with other purchased items.
(b) Newspaper bags for home delivery, door-hanger bags, laundry and/or
dry-cleaning bags, or bags sold in packages containing multiple bags
intended for use as food storage bags, garbage bags, yard waste bags, or
pet waste bags.
Retail Establishment Any store or commercial establishment that sells
perishable or nonperishable goods including, but not limited to, clothing,
food, and personal items directly to the customer and is located within the
geographical limits of the Borough of Madison. Retail establishments
include: a business establishment that generates a sales or use-tax; a drug
store, pharmacy, supermarket, grocery store, convenience food store, food
mart, or other commercial entity engaged in the retail sale of a limited line of
goods that include milk, bread, soda, and snack foods; a public eating
establishment (i.e., a restaurant, take-out food establishment, or any other
business that prepares and sells prepared food to be eaten on or off its
premises); and business establishment that sells clothing, a hardware store,
or any other non-perishable goods.
136A-2: USE PROHIBITED; EFFECTIVE DATE
A. Effective March 1, 2020, no retail establishment shall provide to any
customer, or to any person, a single use plastic carry-out bag, as defined in
above. This prohibition applies to bags provided for the purpose of carrying
goods away from the point of sale and does not apply to product bags or
produce bags used to carry product(s) or produce within the retail
establishment to the point of sale. The prohibition applies to single use plastic
carry-out bags used for take-out deliveries from retail establishments within
the Borough of Madison. The point of sale in such transactions is deemed to
be at the retail establishment, regardless of where payment for the
transaction physically occurs.
B. Effective March 1, 2020, single use plastic carry-out bags may not be
distributed on Borough property or at Borough-sponsored events.
136A-3: MANDATORY FEE; EFFECTIVE DATE
A. Effective March 1, 2020, all retail establishments shall make available to
customers, upon request by the customer, for a fee of .10 (ten cents) per
bag, paper bags for the purpose of carrying goods or other materials
away from the point of sale, subject to the provisions of this Ordinance.
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Regular Meeting Minutes – September 23, 2019
The fee charged shall be reflected in the sales receipt and shall be
subject to applicable tax. The fee charged shall be retained by the retail
establishment.
B. The following bags provided by operators of retail establishments shall be
exempt from the .10 (ten cents) fee:
(1) Bags to package bulk items, such as fruit, vegetables, nuts, grains,
candies, or small hardware items;
(2) Bags that contain unwrapped prepared foods or bakery goods;
(3) Bags to take home uneaten food that has been served in a restaurant;
(4) Take out foods intended for consumption away from the retail
establishment for reasons of public health and safety during the
transportation of such food products;
(5) Bags that contain pharmacy prescriptions and medicinal products; or
(6) Bags that function as "produce bags" or "product bags," which shall
mean bags used exclusively to carry produce, meats, or other food
items to the point of sale inside a retail establishment or, for reasons
of public health and safety, to prevent such food items from coming
into direct contact with other purchased items.
136A-4: PROMOTION OF REUSABLE BAGS
(A) Each retail establishment shall be strongly encouraged to educate its
staff to promote the use of reusable bags and to post signs encouraging
customers to use reusable bags rather than paper carry-out bags.
(B) Each retail establishment shall be strongly encouraged to educate its
staff to ask customers if they have their own reusable bags before offering
paper carry-out bags to the customer.
(C) Each retail establishment shall inform customers that if they choose a
paper carry-out bag they will be charged a fee of .10 (ten cents) per
paper bag.
(D) Nothing in this Ordinance prohibits customers from using bags of any
type that they choose to bring to retail establishments themselves, in lieu
of using bags available for a fee from the retail establishment, or from
carrying away goods that are not placed in a bag.
(E) Nothing in this Ordinance shall prohibit a retail establishment from
providing a credit to a customer who has supplied his/her own bags.
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Regular Meeting Minutes – September 23, 2019
(F) Nothing in this Ordinance shall prohibit a retail establishment from
offering for sale reusable bags, including those made of cloth or other
fabric with handles that are specifically designed and manufactured for
multiple reuse, for a fee of .10 (ten cents) or greater.
(G) The Borough of Madison shall undertake a reusable bag
education program that includes:
(1) distributing information and free reusable bags as part of a
Bring Your Own Bag (BYOB) campaign; and
(2) maintaining "Give One Take One" reusable bag collection
boxes in municipal and other facilities.
136A-5: EXEMPT CUSTOMERS
(A) Any customer who states that she or he participates in, or is a
beneficiary of, any United States government federal welfare program,
including but not limited to the Special Supplemental Nutrition
Program for Women, Infants and Children (WIC) or any local or
County welfare assistance program, or any New Jersey State welfare
program, including but not limited to the New Jersey Supplemental
Nutritional Assistance Program (SNAP) or the New Jersey State
Supplemental Security Income Program (SSI shall be provided paper
bags without charge. No further identification is necessary.
(B) Any person who receives food, household items and/or personal care
items from a food pantry or food distribution program shall be provided
paper or reusable bags without charge.
136A-6: ENFORCEMENT / PENALTIES
(A) The Madison Health Officer and/or his/her designee has the
responsibility for enforcement of this Ordinance and may promulgate
reasonable rules and regulations in order to enforce the provisions
thereof, including, but not limited to, investigating violations and
issuing Summons and fines.
(B) Any retail establishment that willfully violates or fails to comply with
any of the requirements of this Ordinance after an initial written
warning notice has been issued for that violation shall be liable for an
infraction.
(C) If a retail establishment has subsequent violations of this Ordinance
after the issuance of an initial written warning notice of a violation a
Summons will be issued and, the following penalties will be imposed
and payable by the operator of the retail establishment:
PAGE 14 OF 26
Regular Meeting Minutes – September 23, 2019
a. $100.00 for the first violation after the first written warning notice is
given;
b. $200.00 for the second violation after the written warning notice is
given; and
c. $500.00 for the third and any subsequent violations after the written
warning notice is given
(D) Fines shall be imposed for each day a violation occurs or is allowed to
continue. A retail establishment shall not be subject to more than one
fine for violations or continuing violations that occur on the same day.
(E) Appeal of a written warning notice or fine shall be conducted pursuant to
standard municipal regulations and procedures concerning matters to be
heard in the Joint Municipal Court of Madison, the Chathams, Harding
and Morris Township.
Section 2: REPEAL OF INCONSISTENT PROVISIONS
All ordinances or parts thereof in conflict or inconsistent with this Ordinance
are hereby repealed, but only to the extent of such conflict or inconsistency, it
being the legislative intent that all such ordinances or part of ordinances now
existing or in effect unless the same are in conflict or inconsistent with any
provision of this Ordinance shall remain in effect.
Section 3: SEVERABILITY
The provisions of this Ordinance are declared to be severable and if any
section, subsection, sentence, clause or phrase thereof for any reason be
held to be invalid or unconstitutional by a court of competent jurisdiction, such
decision shall not affect the validity of the remaining sections, subsections,
sentences, clauses and phrases of this Ordinance, but shall remaining in
effect; it being the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any part.
Ms. Byrne moved that Ordinance 47-2019, which the Borough Clerk read by title, be
adopted. Mr. Hoover seconded the motion. There was no Council discussion, and
the motion passed with the following roll call vote recorded:
Yeas: Ms. Baillie, Mr. Rowe, Ms. Byrne, Mr. Hoover, Ms. Coen
Nays: None
Absent: Mrs. Vitale
ORDINANCE 48-2019 ORDINANCE OF THE BOROUGH OF MADISON
APPROPRIATING $30,000.00 FROM THE GENERAL CAPITAL IMPROVEMENT
FUND FOR ELECTRIC VEHICLE CHARGING STATIONS
PAGE 15 OF 26
Regular Meeting Minutes – September 23, 2019
Ms. Byrne moved that Ordinance 48-2019, which the Borough Clerk read by title, be
adopted. Mr. Hoover seconded the motion. There was no Council discussion, and
the motion passed with the following roll call vote recorded:
Yeas: Ms. Baillie, Mr. Rowe, Ms. Byrne, Mr. Hoover, Ms. Coen
Nays: None
Absent: Mrs. Vitale
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.
Ms. Baillie moved adoption of the Resolutions listed on the Consent Agenda. Mr.
Rowe seconded the motion. There was no Council discussion and the motion passed
with the following roll call vote recorded:
Yeas: Ms. Baillie, Mr. Rowe, Ms. Byrne, Mr. Hoover, Ms. Coen
Nays: None
Absent: Mrs. Vitale
R 267-2019 RESOLUTION OF THE MADISON BOROUGH COUNCIL
AWARDING CONTRACT TO MATINA & SON, INC. OF HACKENSACK, N.J. IN AN
AMOUNT NOT TO EXCEED $275,000.00 FOR THE RECYCLING CENTER
CONSTRUCTION PROJECT
WHEREAS, the Borough of Madison publicly advertised for bids for the
Recycling Center Construction Project (the “Contract”) in accordance with the Local
Public Contracts Law, N.J.S.A. 40A:11-1, et seq.; and
WHEREAS, the lowest qualified bid was submitted by Matina and Son, Inc.
in the bid amount of $275,000.00; and
WHEREAS, the Assistant Borough Engineer has recommended that the
Borough Council award the contract to the lowest responsible bidder, Matina and
Son, Inc., in an amount not to exceed $275,000.00; and
WHEREAS, the Chief Financial Officer has attested that funds will be
available in an amount not to exceed $275,000.00 for this purpose which funds were
appropriated by Ordinances 34-2019 and 46-2019 with the remainder funded
through Recycling grant funds.
NOW, THEREFORE, BE IT RESOLVED by the Council of the Borough of
Madison, in the County of Morris and State of New Jersey, as follows:
1. The contract for the Recycling Center Construction Project is
hereby awarded to Matina and Son, Inc., based upon its lowest responsible bid in
an amount not to exceed $275,000.00.
PAGE 16 OF 26
Regular Meeting Minutes – September 23, 2019
2. The Mayor and Borough Clerk are hereby authorized and
directed on behalf of the Borough to enter into the contract with Matina and Son,
Inc. in a form acceptable to the Borough Attorney.
R 268-2019 RESOLUTION OF THE BOROUGH OF MADISON REJECTING
BIDS FOR YARD WASTE COLLECTION AND DISPOSAL AND AUTHORIZATION
FOR REBID
WHEREAS, the Borough of Madison publicly advertised for bids for Yard
Waste Collection and Disposal in accordance with Local Public Contracts Law
N.J.S.A. 40A:11-1 et seq.; and
WHEREAS, one (1) bid was received from Waste Industries, LLC and the
Borough Attorney determined that the sole bidder was unresponsive; and
WHEREAS, the Qualified Purchasing Agent/Personnel Officer has
recommended that the bid be rejected pursuant to N.J.S.A. 40A:11-13.2(a) and
rebid;
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 sole bid received
from Waste Industries, LLC on September 12, 2019 for Yard Waste Collection and
Disposal is hereby rejected for the reasons set forth herein and the Borough
Administrator is authorized to solicit new bids.
R 269-2019 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING
35TH ANNUAL GIRALDA FARMS RUN ON SUNDAY, NOVEMBER 10, 2019
WHEREAS, the Barwick Group has requested permission to use portions of
Loantaka Way, Woodland Road, Treadwell Avenue, Dodge Drive and Madison
Avenue in connection with the annual Giralda Farms Run; and
WHEREAS, the Police Chief recommends approval of this request; and
WHEREAS, the Barwick Group has agreed to reimburse the Madison Police
Department for all expenses incurred in connection with the monitoring of said race;
and
WHEREAS, the Borough Council has reviewed said request and determined
that it should be granted.
NOW, THEREFORE, BE IT RESOLVED, by the Council of the Borough of
Madison, in the County of Morris, State of New Jersey that the Barwick Group is
hereby granted permission to use portions of Loantaka Way, Woodland Road,
Treadwell Avenue, Dodge Drive and Madison Avenue in connection with the annual
Giralda Farms Run to be conducted on Sunday, November 10, 2019, between the
PAGE 17 OF 26
Regular Meeting Minutes – September 23, 2019
hours of 6:00 a.m. and 3:00 p.m. subject to the condition that the Barwick Group
provide the Borough Clerk with the required Certificate of Insurance before the date
of the race and reimburse the Madison Police Department for all expenses incurred
in connection with the monitoring of said race.
R 270-2019 RESOLUTION OF THE BOROUGH OF MADISON AWARDING
CONTRACT FOR PURCHASE OF TWO (2) 48” BOBCAT WALK BEHIND
MOWERS FOR THE DEPARTMENT OF PUBLIC WORKS
WHEREAS, the Borough Director of Public Works has recommended that
the Borough Council award the contract to Morris Plains Small Engine, Inc., of East
Hanover, N.J. for the purchase of two (2) 48” Bobcat walk behind mowers for the
Department of Public Works, in the amount of $11,990.00; and
WHEREAS, the Chief Financial Officer has attested that funds will be
available in an amount not to exceed $11,990.00 for this purpose in Ordinance 28-
2019.
NOW, THEREFORE, BE IT RESOLVED by the Council of the Borough of
Madison, in the County of Morris and State of New Jersey, as follows:
1. The contract for the purchase of two (2) 48” Bobcat walk behind
mowers is hereby awarded to Morris Plains Small Engine, Inc. in the amount of
$11,990.00.
2. The Mayor and Borough Clerk are hereby authorized and directed on
behalf of the Borough to enter into the contract with Morris Plains Small Engine,
Inc., in a form acceptable to the Borough Attorney.
R 271-2019 RESOLUTION OF THE BOROUGH OF MADISON RATIFYING
APPROVAL OF TEMPORARY SIGNS FOR MADISON HIGH SCHOOL BAND
TOURNAMENT OF BANDS
WHEREAS, the Madison High School Marching Band has requested
permission to put up temporary signs advertising the Tournament of Bands,
September 29th at 1:00 p.m.; and
WHEREAS, the signs would be located at the Madison Public Library, the
Madison Recreation Complex (MRC), and public rights of way to be removed by
October 2, 2019; and
WHEREAS, the Zoning Officer has recommended that a temporary sign
permit be issued.
NOW, THEREFORE, BE IT RESOLVED, by the Council of the Borough of
PAGE 18 OF 26
Regular Meeting Minutes – September 23, 2019
Madison, in the County of Morris and State of New Jersey, that the request of the
Madison High School Marching Band to put up temporary signs as described herein.
R 272-2019 RESOLUTION OF THE BOROUGH OF MADISON RATIFYING
APPOINTMENT OF JULIA SINATRA TO THE POSITION OF INTERN
WHEREAS, the QPA/Personnel Director has recommended the appointment
of Julia Sinatra as a part-time Intern for the Farmers’ Market; and
WHEREAS, the Borough Council agrees with this recommendation.
NOW, THEREFORE, BE IT RESOLVED, by the Council of the Borough of
Madison, in the County of Morris and State of New Jersey, that the appointment of
Julia Sinatra as a part-time Intern for the Farmers’ Market, at the rate of pay of
$12.00 per hour is hereby ratified, effective immediately.
R 273-2019 RESOLUTION OF THE BOROUGH OF MADISON RATIFYING
APPOINTMENT OF INTERNS MADDY MEYER AND BAILEY COMEAU AS PART-
TIME, UNPAID INTERNS FOR THE FARMERS’ MARKET
WHEREAS, the QPA/Personnel Director has recommended the appointment
of Maddy Meyer and Bailey Comeau, as part-time unpaid Interns for the Farmers’
Market; and
WHEREAS, the Borough Council agrees with this recommendation.
NOW, THEREFORE, BE IT RESOLVED, by the Council of the Borough of
Madison, in the County of Morris and State of New Jersey, that the appointment of
Maddy Meyer and Bailey Comeau, as part-time unpaid Interns for the Farmers’
Market, is hereby approved.
R 274-2014 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING
NEGOTIATION OF A RENEWAL AGREEMENT FOR HEALTH SERVICES WITH
THE BLOOMFIELD BOARD OF HEALTH
WHEREAS, the Borough of Madison wishes to negotiate a renewal contract
with the Township of Bloomfield Board of Health for 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 Borough Council has determined to authorize the
negotiation of an agreement with the Bloomfield Board of Health.
NOW, THEREFORE, BE IT RESOLVED by the Council of the Borough of
Madison County of Morris, State of New Jersey, that the Administrator and Chief
PAGE 19 OF 26
Regular Meeting Minutes – September 23, 2019
Financial Officer are hereby authorized to negotiate a renewal contract for health
services and the Mayor and Borough Clerk are authorized to execute such
Agreement with the Bloomfield Board of Health in a form approved by the Borough
Attorney.
R 275-2019 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING A
SHARED SERVICE AGREEMENT WITH THE MADISON BOARD OF EDUCATION
TO PROVIDE A SPECIAL LAW ENFORCEMENT OFFICER II
WHEREAS, the Uniform Shared Services and Consolidation Act, N.J.S.A.
40:65-1 authorizes local governmental entities to enter into an agreement, among
other things, for the sharing of services; and
WHEREAS, the Madison Board of Education (BOE) and the Borough of
Madison wish to renew an agreement under which the Borough agrees to provide
one (1) Class 2 Special Resource Officer (SRO) to the BOE to be paid for by the
BOE, but managed by the Borough of Madison Police Department; and
WHEREAS, the Madison Borough Council has determined to renew said
shared services agreement.
NOW, THEREFORE, BE IT RESOLVED by the Council of the Borough of
Madison, in the County of Morris and State of New Jersey, that the Mayor and
Borough Clerk are authorized to enter into a Shared Services agreement with
Madison Board of Education for the provision of a (1) Class 2 Special Resource
Officer (SRO), such agreement to be in a form approved by the Madison Borough
Attorney.
R 276-2019 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING
THE USE OF UP TO $5,500.00 IN MUNICIPAL OPEN SPACE TRUST FUNDS
FOR FORESTRY MOWING AT THE MADISON RECREATION CENTER
WHEREAS, the QPA/Personnel Director has requested authorization to
enter into an agreement of forestry mowing of approximately 8.2 acres at the
Madison Recreation Center (MRC); and
WHEREAS, Ordinance 21-2019 appropriates funding from the Municipal
Open Space Trust Fund to implement a conservation management plan for the
MRC, as approved by the Open Space Advisory Committee; and
WHEREAS, the Chief Financial Officer has attested to the availability of the
funds in Ordinance 21-2019 in an amount not to exceed $5,500.00 for this purpose.
NOW, THEREFORE, BE IT RESOLVED, by the Council of the Borough of
Madison, in the County of Morris and State of New Jersey, that up to $5,500.00 is
PAGE 20 OF 26
Regular Meeting Minutes – September 23, 2019
hereby authorized to be allocated from Ordinance 21-2019 for forestry mowing at the
Madison Recreation Center.
R 277-2019 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING
PURCHASE OF TWO (2) POLICE VEHICLES FROM BEYER FORD OF
MORRISTOWN, NEW JERSEY
WHEREAS, the Borough of Madison desires to purchase two (2) 2020 Ford
Hybrid Police Interceptor vehicles for the Police Department from an authorized
vendor under Cranford Police Cooperative Pricing Council (CPCPS) Contract #47-
CPCPS, Item #2; and
WHEREAS, the purchase of goods and services through County agencies
by local contracting units is authorized by the Local Public Contracts Law, N.J.S.A.
40A:11-12, et seq; and
WHEREAS, Beyer Ford, 170 Ridgedale Avenue, Morristown, New Jersey
has been awarded Cranford Police Cooperative Pricing Council #47-CPCPS, Item
#2; and
WHEREAS, the Chief of Police has recommended that the Borough Council
utilize this contract for the purchase of two (2) 2020 Ford Hybrid Police Interceptor
vehicles, and accessory equipment in the amount of $85,494.00; and
WHEREAS, the Chief Finance Officer has attested that funds will be
available in an amount not to exceed $85,494.00 for this purpose in the Police
Trust/Vehicle account, T03-56-852-001 and in the 2019 Police Operating Budget.
NOW, THEREFORE, BE IT RESOLVED by the Council of the Borough of
Madison, in the County of Morris and State of New Jersey, as follows:
1. The purchase of two (2) 2020 Ford Hybrid Police Interceptor vehicles
and accessory equipment from Beyer Ford, at a total price not to exceed $85,494.00
is hereby approved under the Cranford Police Cooperative Pricing Council (CPCPS)
Contract #47-CPCPS, Item #2.
2. The Mayor and Borough Clerk are hereby authorized and directed on
behalf of the Borough to execute a purchase order and contract to Beyer Ford for
the purchase of two (2) 2020 Ford Hybrid Police Interceptor vehicles and accessory
equipment at a total price not to exceed $85,494.00, in a form acceptable to the
Borough Attorney.
R 278-2019 RESOLUTION OF THE BOROUGH OF MADISON ACCEPTING A
GRANT FROM THE “IT PAY$ TO PLUG IN: NJ’S ELECTRIC VEHICLE
CHARGING GRANTS PROGRAM” THROUGH THE DEPARTMENT OF
ENVIRONMENTAL PROTECTION
PAGE 21 OF 26
Regular Meeting Minutes – September 23, 2019
WHEREAS, the Borough of Madison has applied for and has been awarded a
grant in the amount of $30,000.00 from the “It Pay$ to Plug In: NJ’s Electric Vehicle
Charging Grants Program” through the Department of Environmental Protection for
Electric Vehicle Charging Station.
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 above
referenced grant is hereby accepted and that the Chief Financial Officer is hereby
authorized to execute grant documents as authorized representatives for the
Borough of Madison
BE IT FURTHER RESOLVED, that a certified copy of this resolution be
forwarded to the New Jersey Department of Environmental Protection.
R 279-2019 RESOLUTION OF THE BOROUGH OF MADISON REJECTING ALL
BIDS FOR THE HARTLEY DODGE MEMORIAL PLAZA RESTORATION AND
AUTHORIZING REBID
WHEREAS, the Borough of Madison publicly advertised for bids for the
Hartley Dodge Memorial Plaza Restoration project in accordance with Local Public
Contracts Law N.J.S.A. 40A:11-1 et seq.; and
WHEREAS, the Borough received two (2) bids of which the lowest bid had a
base price of $1,644,242.00 which exceeds the appropriation ordinance and
architect estimate; and
WHEREAS, the Borough Attorney has opined that rejection of the bids is
appropriate pursuant to statutory authority.
NOW, THEREFORE, BE IT RESOLVED, by the Council of the Borough of
Madison in the County of Morris and State of New Jersey that all bids for the Hartley
Dodge Memorial Plaza Restoration are hereby rejected for the reasons set forth
herein and the Qualified Purchasing Agent/Personnel Director and Borough
Engineer is hereby authorized to rebid the project.
R 280-2019 RESOLUTION OF THE BOROUGH OF MADISON AWARDING
CONTRACT TO NATIONAL WATER MAIN CLEANING COMPANY, INC. IN THE
AMOUNT OF $62,000.00 FOR EMERGENCY SEWER LINING
WHEREAS, the Borough Engineer has advised the Council that a storm
sewer is in imminent danger of failure and collapse between Loveland Street and
Anthony Drive requiring emergency replacement in order to protect the health and
welfare of the public; and
PAGE 22 OF 26
Regular Meeting Minutes – September 23, 2019
WHEREAS, the Borough Engineer recommends that the Borough Council
award a contract to National Water Main Cleaning Company, Inc. in the amount of
$62,000.00 for emergency sewer lining repairs; and
WHEREAS, the Chief Financial Officer has attested that funds will be
available in an amount not to exceed $62,000.00 for this purpose in Ordinance 45-
2019.
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 emergency Sewer Lining Repair is hereby awarded
to National Water Main Cleaning Company, Inc. in the amount of $62,000.00.
2. The Mayor and Borough Clerk are hereby authorized and directed on
behalf of the Borough to enter into the contract with National Water Main Cleaning
Company, Inc. in a form acceptable to the Borough Attorney.
R 281-2019 RESOLUTION OF THE BOROUGH OF MADISON APPROVING
JACOB HENRY PERKINS TRUST FUND DISBURSEMENT
WHEREAS, the Borough Administrator has recommended a grant in the
amount up to $5,000.00 from the Jacob Henry Perkins Trust Fund (hereafter
Perkins Trust) on behalf of Mr. & Mrs. T., Borough residents; and
WHEREAS, the Borough Administrator has advised the Borough Council
that Mr. & Mrs. T. meet the criteria for a Perkins Trust grant; and
WHEREAS, the Borough Council has determined to approve the request for
a Perkins Trust grant; and
WHEREAS, the Borough Administrator recommends approving the
disbursement of the grant for the above cited purpose.
NOW, THEREFORE, BE IT RESOLVED by the Council of the Borough of
Madison, in the County of Morris and State of New Jersey, as follows:
1. A grant is hereby approved from the Perkins Trust to pay up to
$5,000.00, for the benefit of Mr. & Mrs. T., as they meet the
criteria of the Perkins Trust and continue to reside in the Borough
of Madison.
2. A copy of this resolution will be forwarded to the Borough
Administrator.
R 282-2019 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING
PURCHASE AND INSTALLATION OF NEW GARAGE DOORS AND RELATED
WORK FOR THE DEPARTMENT OF PUBLIC WORKS
PAGE 23 OF 26
Regular Meeting Minutes – September 23, 2019
WHEREAS, the Director of Public Works desires to purchase and install new
garage doors and related work at the Public Works Municipal Garage; and
WHEREAS, the Borough Administrator has recommended that the Borough
Council authorize a contract for the purchase and installation of new window and
related work with New Jersey Door Works in the amount of $33,810.00; and
WHEREAS, funds are available in Ordinance 30-2019 or in any other
account that may be deemed appropriate by the Chief Financial Officer or his
designee, and the availability of funds has been certified by the Chief Financial
Officer.
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 purchase and installation of new garage doors and related work,
at a total price not to exceed $33,810.00 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 New Jersey Door
Works, of Hillside, N.J., for the purchase and installation of new garage doors and
related work, at a total price not to exceed $33,810.00, in a form acceptable to the
Borough Attorney.
R 283-2019 RESOLUTION OF THE BOROUGH OF MADISON APPROVING
RAFFLES LICENSE APPLICATIONS SUBMITTED BY PTSO MADISON HIGH
SCHOOL
BE IT RESOLVED by the Council of the Borough of Madison, County of Morris,
State of New Jersey, that the following application for Raffles License, to be held as
listed below, be and the same is hereby approved:
PTSO MADISON HIGH SCHOOL
I.D. NO. 274-5-33795
R.A. No. 1490 On-premise 50/50
January 30, 2020
R 284-2019 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING
THE MADISON YARD SALE SATURDAY, OCTOBER 19, 2019
WHEREAS, the Environmental Commission has recommended to the
Borough Council that a town wide Madison Yard Sale Saturday be held in the
Borough of Madison on Saturday, October 19, 2019, from 9:00 a.m. to 1:00 p.m.;
and
PAGE 24 OF 26
Regular Meeting Minutes – September 23, 2019
WHEREAS, the Borough Council recognizes that the Madison Yard Sale
Saturday is a welcome addition to the Borough in that it creates a community event
while encouraging recycling and reuse of household goods; and
WHEREAS, the Borough Council finds that it is a benefit to the Borough of
Madison and its citizens to allow a town wide Madison Yard Sale Saturday.
“NOW, THEREFORE, BE IT RESOLVED by the Council of the Borough of
Madison County of Morris, State of New Jersey endorses the town wide Madison
Yard Sale Saturday and the requirements of the Sign Ordinance (Chapter 195 of the
Madison Borough Code) shall not apply to the extent that the Madison Yard Sale
Saturday shall be permitted to have signs promoting this event.
UNFINISHED BUSINESS - None
APPROVAL OF VOUCHERS
On motion by Ms. Baillie, seconded by Mr. Rowe and carried, the following vouchers
of the Borough of Madison were approved for payment, and the supporting
documentation of said vouchers was made part of the Supplemental Minute Book.
Current Fund $3,941,743.43
General Capital Fund 53,599.51
Electric Operating Fund 686,300.09
Electric Capital Fund 55,529.27
Water Operating Fund 2,225.48
Water Capital Fund 0.00
Trusts 42,242.38
Total $4,781,640.16
The following roll call vote was recorded approving the aforementioned vouchers:
Yeas: Ms. Baillie, Mr. Rowe, Ms. Byrne, Mr. Hoover, Ms. Coen
Nays: None
Absent: Mrs. Vitale
NEW BUSINESS
Mayor Conley announced the following appointment and requested Council
confirmation:
PARKS ADVISORY COMMITTEE
David Miller, 50 Dean Street, for a unexpired one year term through
December 31, 2019.
Ms. Baillie moved of the foregoing appointment. Mr. Rowe seconded the motion.
There was no Council discussion and the motion passed with the following roll call vote
recorded:
Yeas: Ms. Baillie, Mr. Rowe, Ms. Byrne, Mr. Hoover, Ms. Coen
Nays: None
Absent: Mrs. Vitale
PAGE 25 OF 26
Regular Meeting Minutes – September 23, 2019
ADJOURN
There being no further business to come before the Council, the meeting was
adjourned at 10:25 p.m.
Respectfully submitted,
Elizabeth Osborne
Borough Clerk
Approved October 28, 2019 (EO)
PAGE 26 OF 26
Agenda
MAYOR AND COUNCIL
REGULAR MEETING AGENDA
SEPTEMBER 23, 2019
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 SEPTEMBER 23, 2019
7. PLEDGE OF ALLEGIANCE
8. MINUTES FOR APPROVAL
9. GREETING TO PUBLIC
Museum of Early Trades & Crafts 50th Anniversary Proclamation
AARP / World Health Organization “Age Friendly Community “
10. REPORTS FROM COMMITTEES
Public Safety Astri J. Baillie/Patrick Rowe
Finance and Borough Clerk Carmela Vitale/Maureen Byrne
Utilities Patrick Rowe/Astri J. Baillie
Public Works and Engineering Maureen Byrne/ John F. Hoover
Community Affairs John F. Hoover/ Debra J. Coen
Health Debra J. Coen/ Carmela Vitale
11. COMMUNICATIONS AND PETITIONS
12. INVITATION FOR DISCUSSION (1 of 2)
13. AGENDA DISCUSSIONS
09/23/2019-1 BOROUGH SURPLUS POLICY
09/23/2019-2 Item Removed
09/23/2019-3 HEALTH SERVICES
09/23/2019-4 ELECTRIC VEHICLE CHARGING STATION
Ordinance 48-2019 is listed for Introduction
09/23/2019-5 POLICE FIRE ARMS TRAINING FACILITY
14. ORDINANCES FOR HEARING
ORDINANCE 44-2019
ORDINANCE OF THE BOROUGH OF MADISON AMENDING CH. 185 OF THE
BOROUGH CODE ENTITLED “VEHICLES AND TRAFFIC” TO DELETE VALLEY
ROAD AS A THROUGH STREET
LAST PRINTED 9/20/2019 4:46:00 PM1
MAYOR AND COUNCIL MEETING AGENDA – SEPTEMBER 23, 2019
ORDINANCE 45-2019
ORDINANCE OF THE BOROUGH OF MADISON APPROPRIATING $65,000.00
FROM THE GENERAL CAPITAL IMPROVEMENT FUND FOR EMERGENCY STORM
SEWER LINING REPAIR BETWEEN LOVELAND STREET AND ANTHONY DRIVE
ORDINANCE 46-2019
ORDINANCE OF THE BOROUGH OF MADISON APPROPRIATING $100,000.00
FROM THE GENERAL CAPITAL IMPROVEMENT FUND FOR THE DEPARTMENT
OF PUBLIC WORKS RECYCLING CENTER PROJECT
15. INVITATION FOR DISCUSSION (2 of 2)
16. INTRODUCTION OF ORDINANCES
ORDINANCE 47-2019 ORDINANCE OF THE BOROUGH OF MADISON PROHIBITING THE
USE OF PLASTIC BAGS AND REGULATING THE USE OF PAPER BAGS BY RETAIL
ESTABLISHMENTS WITHIN THE BOROUGH OF MADISON
ORDINANCE 48-2019 ORDINANCE OF THE BOROUGH OF MADISON APPROPRIATING
$30,000.00 FROM THE GENERAL CAPITAL IMPROVEMENT FUND FOR ELECTRIC
VEHICLE CHARGING STATIONS
ORDINANCE 49-2019 ORDINANCE OF THE BOROUGH OF MADISON AMENDING
SECTION 101-11.1 OF THE BOROUGH CODE ENTITLED “SMOKE DETECTORS AND
CARBON MONOXIDE DETECTORS” TO DECREASE INSPECTION FEES
17. CONSENT AGENDA RESOLUTIONS
R 267-2019 RESOLUTION OF THE MADISON BOROUGH COUNCIL AWARDING
CONTRACT TO MATINA & SON, INC. OF HACKENSACK, N.J. IN AN AMOUNT NOT TO
EXCEED $275,000.00 FOR THE RECYCLING CENTER CONSTRUCTION PROJECT
R 268-2019 RESOLUTION OF THE BOROUGH OF MADISON REJECTING BIDS FOR
YARD WASTE COLLECTION AND DISPOSAL AND AUTHORIZATION FOR REBID
R 269-2019 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING 35TH
ANNUAL GIRALDA FARMS RUN ON SUNDAY, NOVEMBER 10, 2019
R 270-2019 RESOLUTION OF THE BOROUGH OF MADISON AWARDING CONTRACT
FOR PURCHASE OF TWO (2) 48” BOBCAT WALK BEHIND MOWERS FOR THE
DEPARTMENT OF PUBLIC WORKS
R 271-2019 RESOLUTION OF THE BOROUGH OF MADISON RATIFYING APPROVAL OF
TEMPORARY SIGNS FOR MADISON HIGH SCHOOL BAND TOURNAMENT OF BANDS
R 272-2019 RESOLUTION OF THE BOROUGH OF MADISON RATIFYING APPOINTMENT
OF JULIA SINATRA TO THE POSITION OF INTERN
R 273-2019 RESOLUTION OF THE BOROUGH OF MADISON RATIFYING APPOINTMENT
OF INTERNS MADDY MEYER AND BAILEY COMEAU AS PART-TIME, UNPAID INTERNS
FOR THE FARMERS’ MARKET
R 274-2014 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING
NEGOTIATION OF A RENEWAL AGREEMENT FOR HEALTH SERVICES WITH THE
BLOOMFIELD BOARD OF HEALTH
LAST PRINTED 9/20/2019 4:46:00 PM Page 2
MAYOR AND COUNCIL MEETING AGENDA – SEPTEMBER 23, 2019
R 275-2019 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING A SHARED
SERVICE AGREEMENT WITH THE MADISON BOARD OF EDUCATION TO PROVIDE A
SPECIAL LAW ENFORCEMENT OFFICER II
R 276-2019 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING THE USE
OF UP TO $5,500.00 IN MUNICIPAL OPEN SPACE TRUST FUNDS FOR FORESTRY
MOWING AT THE MADISON RECREATION CENTER
R 277-2019 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING PURCHASE
OF TWO (2) POLICE VEHICLES FROM BEYER FORD OF MORRISTOWN, NEW JERSEY
R 278-2019 RESOLUTION OF THE BOROUGH OF MADISON ACCEPTING A GRANT
FROM THE “IT PAY$ TO PLUG IN: NJ’S ELECTRIC VEHICLE CHARGING GRANTS
PROGRAM” THROUGH THE DEPARTMENT OF ENVIRONMENTAL PROTECTION
R 279-2019 RESOLUTION OF THE BOROUGH OF MADISON REJECTING ALL BIDS FOR
THE HARTLEY DODGE MEMORIAL PLAZA RESTORATION AND AUTHORIZING REBID
R 280-2019 RESOLUTION OF THE BOROUGH OF MADISON AWARDING CONTRACT TO
NATIONAL WATER MAIN CLEANING COMPANY, INC. IN THE AMOUNT OF $62,000.00 FOR
EMERGENCY SEWER LINING
R 281-2019 RESOLUTION OF THE BOROUGH OF MADISON APPROVING JACOB
HENRY PERKINS TRUST FUND DISBURSEMENT
R 282-2019 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING PURCHASE
AND INSTALLATION OF NEW GARAGE DOORS AND RELATED WORK FOR THE
DEPARTMENT OF PUBLIC WORKS
R 283-2019 RESOLUTION OF THE BOROUGH OF MADISON APPROVING RAFFLES
LICENSE APPLICATIONS SUBMITTED BY PTSO MADISON HIGH SCHOOL
18. Unfinished Business
19. Approval of Vouchers
20. New Business
21. Adjournment
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