Mayor & Council

Regular Meeting Minutes – March 26, 2018 Current Fund $3,723,441.19 General Capital Fund 194,930.15 Electric Operating Fund 1,314,271.95 Electric Capital Fund 0.00 Water Operating Fund 26,403.85 Water Capital Fund 0.00 Trusts 10,991.75 Total $5,270,038.89 The following roll call vote was recorded approving the aforementioned vouchers: Yeas: Mrs. Vitale, Ms. Baillie, Mr. Wolkowitz, Mr. Rowe, Ms. Byrne, Mr. Hoover Nays: None NEW BUSINESS Mayor Conley announced the following appointments and requests Council confirmation: WHIPPANY RIVER WATERSHED ACTION COMMITTEE John F. Hoover, Council Liaison, through December 31, 2018. MUNICIPAL AUDIT COMMITTEE David Luber, 7 Lawrence Road, for an unexpired three year term through December 31, 2018. Mr. Rowe moved confirmation of the foregoing appointments. Mrs. Vitale seconded the motion, which passed with the following roll call vote recorded: Yeas: Mrs. Vitale, Ms. Baillie, Mr. Wolkowitz, Mr. Rowe, Ms. Byrne, Mr. Hoover Nays: None ADJOURN There being no further business to come before the Council, the meeting was adjourned at 9:30 p.m. Respectfully submitted, Elizabeth Osborne Borough Clerk Approved April 9, 2018 (EO) PAGE 36 OF 36 Regular Meeting Minutes – March 26, 2018 R 116-2018 RESOLUTION OF THE BOROUGH OF MADISON RESCINDING RESOLUTION 88-2018 RATIFYING THE AWARD OF A CONTRACT TO JIMMY CONNORS, LLC FOR THE MADISON CIVIC CENTER FLOORING REPLACEMENT PROJECT IN THE AMOUNT OF $23,890.00 WHEREAS, Resolution 88-2018 authorized a contract to be awarded to Jimmy Connors, LLC for replacement flooring at the Madison Civic Center in the amount of $23,890.00; and WHEREAS, the Qualified Purchasing Agent has recommended that Resolution 88-2018 be rescinded, and that the Council authorize the Senior Center Director to seek quotes from other vendors; and WHEREAS, the Mayor and Council have determined that Resolution 88- 2018 should be rescinded and that the contract for replacement of flooring project at the Madison Civic Center be withdrawn. NOW, THEREFORE, BE IT RESOLVED by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, that Resolution 88-2018 is hereby rescinded, and the Senior Center Director and Qualified Purchasing Agent are authorized to seek quotes for competitive pricing from other vendors. R 117-2018 RESOLUTION OF THE BOROUGH OF MADISON APPROVING RAFFLES LICENSE APPLICATION SUBMITTED BY PTSO MADISON HIGH SCHOOL BE IT RESOLVED by the Council of the Borough of Madison, County of Morris, State of New Jersey, that the following application for Raffles License, to be held as listed below, be and the same is hereby approved: PTSO MADISON HS I.D. No. 274-5-33795 R.A. No. 1437 – Off premise 50/50 May 19, 2018 R 118-2018 RESOLUTION OF THE BOROUGH OF MADISON APPOINTING JAMES MATTINA AS ELECTRIC UTILITY SUPERINTENDENT Adopted earlier in the Council meeting. UNFINISHED BUSINESS - None APPROVAL OF VOUCHERS On motion by Mr. Rowe, seconded by Mrs. Vitale 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. PAGE 35 OF 36 Regular Meeting Minutes – March 26, 2018 NOW, THEREFORE, BE IT RESOLVED, by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, that the request of the American Association of University Women of Madison (AAUW) to put up temporary signs as described herein from May 14, 2018 to June 13, 2018, is approved. R 115-2018 RESOLUTION OF THE MADISON BOROUGH COUNCIL AWARDING THREE-YEAR CONTRACT TO AMERICAN ELECTRICAL TESTING FOR TESTING AND MAINTENANCE OF KINGS ROAD AND JAMES PARK SUBSTATIONS IN THE AMOUNT OF $127,500.00 WHEREAS, the Borough of Madison publicly advertised for bids for testing and maintenance of the Kings Road and James Park electric substations for a period of three years (the “Contract”) in accordance with the Local Public Contracts Law, N.J.S.A. 40A:11-1, et seq.; and WHEREAS, the only qualified bid was submitted by American Electrical Testing in the amount of $127,500.00; and WHEREAS, the Qualified Purchasing Officer and the Electric Utility Superintendent have recommended that the Borough Council award the contract to American Electrical Testing in the amount of $127,500.00; and WHEREAS, funds are available in the Electric Department Operating Budget, Account 9502, Subaccount 215, 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 contingently certified by the Chief Financial Officer pending approval of the 2018 budget. WHEREAS, the second and third years of the contract are expressly contingent upon adequate appropriation of funding for said purpose in the 2019 and 2020 municipal budgets. 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 testing and maintenance of the Kings Road and James Park electric substations for a period of three years is hereby awarded to American Electrical Testing as the lowest responsible bidder and based upon its bid in the amount of $127,500.00. 2. The Mayor and Borough Clerk are hereby authorized and directed on behalf of the Borough to enter into the contract with American Electrical Testing in a form acceptable to the Borough Attorney. PAGE 34 OF 36 Regular Meeting Minutes – March 26, 2018 at a total price not to exceed $49,918.00, in a form acceptable to the Borough Attorney. R 112-2018 RESOLUTION OF THE BOROUGH OF MADISON RATIFYING APPOINTMENT OF PATRICK HEFFERNAN AS AN INTERN IN THE FINANCE DEPARTMENT WHEREAS, the Assistant Borough Administrator/CFO has recommended the appointment of student Patrick Heffernan, as a part-time unpaid Intern in the Finance Department; 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 Patrick Heffernan, as a part-time unpaid Intern in the Finance Department, is hereby approved. R 113-2018 RESOLUTION OF THE BOROUGH OF MADISON RATIFYING APPOINTMENTS OF INTERNS HALEY PODMISKY, MEGHAN PODIMSKY AND DAVID VACCARELLO TO SUMMER INTERN POSITIONS WHEREAS, the Purchasing/Personnel Officer has recommended appointment of Haley Podmisky, Meghan Podimsky and David Vaccarello to the position of Summer Intern for the Borough of Madison; and WHEREAS, the Borough Council agrees with these recommendations. NOW, THEREFORE, BE IT RESOLVED, by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, that upon receipt of satisfactory results of the background check, Haley Podmisky, Meghan Podimsky and David Vaccarello are hereby appointed to the position of Summer Interns effective immediately at the rate of pay of $12.00 per hour with no benefits. R 114-2018 RESOLUTION OF THE BOROUGH OF MADISON APPROVING TEMPORARY SIGNS FOR AMERICAN ASSOCIATION OF UNIVERSITY WOMEN (AAUW) WHEREAS, the American Association of University Women of Madison (AAUW) has requested permission to put up temporary signs advertising a Book Fair on June 8-11, 2018, at the College of Saint Elizabeth; and WHEREAS, up to ten (10) signs would be posted commencing on May 14, 2018 and removed by June 13, 2018; and WHEREAS, the Borough Administrator has recommended that temporary sign regulations be waived to permit said activity. PAGE 33 OF 36 Regular Meeting Minutes – March 26, 2018 OEM Coordinator John Rafter OEM Deputy Coordinator/Public Information Officer Lt. Joseph Longo OEM Asst. Deputy Coordinator Mike Shugrue OEM Asst. Deputy Coordinator Sgt. James Cavezza BE IT FURTHER RESOLVED that a copy of this resolution be transmitted to the Morris County Office of Emergency Management Deputy Coordinator. R 111-2018 RESOLUTION OF THE BOROUGH OF MADISON AWARDING CONTRACT FOR PURCHASE OF FORTY (40) VISTA XLT 2 PIECE BODY CAMERAS TO WATCH GUARD UNDER STATE CONTRACT A-81300-21817-82 IN THE AMOUNT OF $49,918.00 WHEREAS, the Borough of Madison desires to award a contract for the purchase of forty (40) Vista XLT 2 piece body cameras to Watch Guard of Allen, Texas, under state contract number A 81300-21817-82 in the aggregate amount up to $49,918.00; and WHEREAS, the purchase of goods and services by local contracting units through a state contract is authorized by the Local Public Contracts Law, N.J.S.A. 40A:11-12, et seq.; and WHEREAS, the Qualified Purchasing Agent has determined that the aggregate cost of those services will exceed $17,500.00; and WHEREAS, Watch Guard has been awarded state contract A 81300-21817- 82 for body cameras and equipment; and WHEREAS, the Police Chief has recommended that the Borough Council utilize this contract for the purchase of forty (40) Vista XLT 2 piece body cameras in the aggregate amount not to exceed $49,918.00; and WHEREAS, funds are available in 33-2017, 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 contingently 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. A contract for the purchase of a forty (40) Vista XLT 2 piece body cameras is hereby awarded to Watch Guard of Allen, Texas under state contract number A 81300-21817-82, at a total aggregate price not to exceed $49,918.00. 2. The Borough Administrator is hereby authorized and directed on behalf of the Borough to execute a purchase order and contract to Watch Guard under state contract number A 81300-21817-82 for the purchase of body cameras PAGE 32 OF 36 Regular Meeting Minutes – March 26, 2018 WHEREAS, Gary Hall, Esq. and Keith Loughlin, Esq. have recommended that the attached Developer’s Agreement concerning the Property be entered into upon approval of the form and substance of the Agreement by the Borough Attorney. NOW, THEREFORE, BE IT RESOLVED, by the Council of the Borough of Madison, in the County of Morris and the State of New Jersey, that the attached Developer’s Agreement between 34 Walnut Street, LLC and the Borough of Madison is hereby approved subject to the approval of the Borough Attorney, and the Mayor and Borough Clerk are hereby authorized and directed on behalf of the Borough to execute the Developer’s Agreement. R 109-2018 RESOLUTION OF THE BOROUGH OF MADISON CONFIRMING PAYMENT #1 AND CHANGE ORDERS #1 AND #2 TO JO MED CONTRACTING CORP. FOR THE CENTRAL AVENUE WATER MAIN REPLACEMENT PROJECT WHEREAS, the Assistant Borough Engineer has advised the Council that changes in water main replacement work on Central Avenue were encountered during the Central Avenue Water Main Replacement project; and WHEREAS, the Assistant Borough Engineer has recommended that based on said change orders, the base contract with Jo Med Contracting Corp. shall be increased by $12,000.00 (1.4%) which results in no additional appropriation being needed; and WHEREAS, the Council wishes to authorize disbursement of Payment #1 and Change Orders #1 and #2 in the cumulative amount of $258,009.50. WHEREAS, the Chief Financial Officer has confirmed the adequate funds for this purpose are contained in Ordinance 38-204 (W-06-55-612-602). NOW, THEREFORE, BE IT RESOLVED by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, that payment in the amount of $258,009.50 to the Jo Med Contracting Corp. contract for the Central Avenue Water Main Replacement project is approved. R 110-2018 RESOLUTION OF THE BOROUGH OF MADISON APPROVING APPOINTMENTS TO THE OFFICE OF EMERGENCY MANAGEMENT BE IT RESOLVED that the following appointments are made to the office of Emergency Management by the Borough of Madison in the County of Morris and State of New Jersey. The appointment of the Coordinator shall be for a three (3) year term through December 31, 2020. The other Deputy Coordinator positions herein listed shall be for a term of one (1) year through December 31, 2018. PAGE 31 OF 36 Regular Meeting Minutes – March 26, 2018 WHEREAS, Navistar/Mid-Atlantic Truck Centre, Inc. has been awarded the National Joint Powers Alliance Co-Operative Pricing contract number 081716-NVS for a Workstar Truck with Hook Lift and attachments; and WHEREAS, the Director of Public Works and the Qualified Purchasing Agent have recommended that the Borough Council utilize this contract for the purchase of a Workstar Truck with Hook Lift and attachments in the amount of $199,438.43.00; and WHEREAS, funds are available in Ordinance 36-2017 , 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 contingently certified by the Chief Financial Officer pending approval of the 2018 budget. NOW, THEREFORE, BE IT RESOLVED by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, that a purchase order/contract be awarded to Navistar/Mid-Atlantic Truck Centre, Inc. for the purchase of a Workstar Truck with Hook Lift and attachments, at a total price not to exceed $199,438.43 under the National Joint Powers Alliance Co-Operative Pricing contract number 081716-NVS for a Workstar Truck with Hook Lift and attachments and same is hereby ratified and approved. R 107-2018 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING EXECUTION OF A SETTLEMENT AND RELEASE FOR A POLICE DISCIPLINARY MATTER NOW, THEREFORE, BE IT RESOLVED by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, that the Council hereby authorizes execution of the attached agreement to resolve a PBA personnel disciplinary issue by the Mayor and/or Borough Administrator and Borough Clerk. R 108-2018 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING DEVELOPER’S AGREEMENT BETWEEN THE BOROUGH OF MADISON AND 34 WALNUT STREET, LLC, BLOCK: 1601, LOT: 41, 34 WALNUT STREET WHEREAS, 34 Walnut Street, LLC ("Developer") is the owner of certain property in the Borough of Madison designated as Tax Block 1601, Lot 41 on the current Tax Map of the Borough (the “Property”); and WHEREAS, Developer obtained from the Madison Borough Board of Adjustment approvals for construction of eight (8) townhouse condominium units in four separate two-family buildings in an R-4 (Single/Two Family Residential) Zone on the Property by Resolution adopted on October 30, 2017, which provided for execution of a Developer’s Agreement with the Borough; and PAGE 30 OF 36 Regular Meeting Minutes – March 26, 2018 1. That with reference to the following items, the amounts have been calculated pursuant to law and appropriated as such in the budget: a. Payment of interest and debt redemption charges b. Deferred charges and statutory expenditures c. Cash deficit of preceding year d. Reserve for uncollected taxes e. Other reserves and non-disbursement items f. Any inclusions of amounts required for school purposes. 2. That the provisions relating to limitation on increases of appropriations pursuant to N.J.S.A. 40A:4-45.2 and appropriations for exceptions to limits on appropriations found at N.J.S.A. 40A:4-45.3 et seq., are fully met (complies with CAP law). 3. That the budget is in such form, arrangement, and content as required by the Local Budget Law and N.J.A.C. 5:30-4 and 5:30-5. 4. That pursuant to the Local Budget Law: a. All estimates of revenue are reasonable, accurate and correctly stated, b. Items of appropriation are properly set forth c. In itemization, form, arrangement and content, the budget will permit the exercise of the comptroller function within the municipality. 5. The budget and associated amendments have been introduced and publicly advertised in accordance with the relevant provisions of the Local Budget Law, except that failure to meet the deadlines of N.J.S.A. 40A:4-5 shall not prevent such certification. 6. That all other applicable statutory requirements have been fulfilled. BE IT FURTHER RESOLVED that a copy of this resolution will be forwarded to the Director of the Division of Local Government Services upon adoption. R 106-2018 RESOLUTION OF THE BOROUGH OF MADISON RATIFYING THE AWARD OF A PURCHASE ORDER/CONTRACT TO NAVISTAR/MID-ATLANTIC TRUCK CENTRE, INC. FOR THE PURCHASE OF A WORKSTAR TRUCK WITH HOOK LIFT AND ATTACHMENTS UNDER THE NATIONAL JOINT POWERS ALLIANCE WHEREAS, the Borough of Madison desires to award a purchase order/contract for the purchase of a Workstar Truck with Hook Lift and attachments to an authorized vendor under the National Joint Powers Alliance Co-Operative Pricing program; and WHEREAS, the purchase of goods and services by a local contracting unit is authorized by the Local Public Contracts Law, N.J.S.A. 40A:11-10, et seq.; and PAGE 29 OF 36 Regular Meeting Minutes – March 26, 2018 fee shall be payable in full to the Borough of Madison at the time a building sewer permit is issued for connection to the public sanitary sewer by the Borough of Madison. SECTION 2: This Ordinance shall take effect on July 1, 2018. Mr. Hoover moved that Ordinance 23-2018, which the Borough Clerk read by title, be adopted. 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, Ms. Byrne, Mr. Hoover Nays: None CONSENT AGENDA RESOLUTIONS The Clerk made the following statement: Consent Agenda Resolutions will be enacted with a single motion; any Resolution requiring expenditure is supported by a Certification of Availability of Funds; any Resolution requiring discussion will be removed from the Consent Agenda; all Resolutions will be reflected in full in the minutes. Mr. Rowe moved adoption of the Resolutions listed on the Consent Agenda. 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, Ms. Byrne, Mr. Hoover Nays: None R 105-2018 SELF-EXAMINATION OF BUDGET RESOLUTION WHEREAS, N.J.S.A. 40A:4-78b has authorized the Local Finance Board to adopt rules that permit municipalities in sound fiscal condition to assume the responsibility, normally granted to the Director of the Division of Local Government Services, of conducting the annual budget examination; and WHEREAS, N.J.A.C. 5:30-7 was adopted by the Local Finance Board on February 11, 1997; and WHEREAS, pursuant to N.J.A.C. 5:30-7.2 through 7.5, the Borough of Madison has been declared eligible to participate in the program by the Division of Local Government Services, and the Chief Financial officer has determined that the local government meets the necessary conditions to participate in the program for the 2018 budget year. NOW THEREFORE BE IT RESOLVED by the governing body of the Borough of Madison that in accordance with N.J.A.C. 5:30-7.6a & 7.6b and based upon the Chief Financial Officer's certification, the governing body has found the budget has met the following requirements: PAGE 28 OF 36 Regular Meeting Minutes – March 26, 2018 WHEREAS, the Borough Engineer and Borough Auditor have recommended that the Borough amend Chapter 155 of the Madison Borough Code entitled “Sewer” to include an updated sewer connection fee schedule; and WHEREAS, Nisivoccia and Company, LLP, Certified Public Accountants and consultant to the Borough, has performed a study of the capital costs and interest on debt service together with the number of equivalent users at December 31, 2017, and based on such study has recommended a sewer connection fee in the amount of $5,173.00 for new customers; and WHEREAS, such sewer connection fee is authorized by N.J.S.A. 40A:26A- 11 entitled “Municipal and County Sewerage Facilities”. 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 155-4A of the Madison Borough Code, currently entitled “Connection expenses; responsibility for maintenance, repair and replacement of laterals” is hereby amended as follows: §155-4 Connection fees; connection expenses; responsibility for maintenance, repair and replacement of laterals. A. Sewer connection fees. There shall be a basic connection fee established in accordance with N.J.S.A. 40A:26A-11. The fee for the remainder of 2018 shall be: 1. For single family dwelling units, $5,173.00, and for multiple dwelling units, $5,173.00 per unit. 2. In the case of any building or portion thereof to be used for industrial, commercial, educational or other than dwelling purposes, the Borough Engineer shall determine by accepted standards the number of units to be connected or added to an existing connection; where a unit equals an annual average daily flow of 265 gallons or fraction thereof: $5,173.00 per unit. This fee shall, pursuant to statute, be recalculated at the end of each budget year and may be reset by ordinance of the Borough Council after public hearing, on a yearly basis. The sewer connection fee is based upon the usage of a single dwelling unit or equivalent discharge. The sewer connection PAGE 27 OF 36 Regular Meeting Minutes – March 26, 2018 WHEREAS, such water connection fee is authorized by N.J.S.A. 40A:31-11 entitled “County and Municipal Water Supply”. 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 190-11.2 of the Madison Borough Code, currently entitled “Connection fee” is hereby amended as follows: §190-11.2 Connection fee There shall be a water connection fee established in accordance with N.J.S.A. 40A:31-11 in addition to the fees for department services set forth in Section 190-33. The water connection fee for the remainder of 2017 shall be: A. For single family dwelling units, $3,574.00, and for multiple dwelling units, $3,574.00 per unit. B. In the case of any building or portion thereof to be used for industrial, commercial, educational or other than dwelling purposes, the Borough Engineer shall determine by accepted standards the number of units to be connected or added to an existing connection; where a unit equals an annual average daily flow of 248 gallons or fraction thereof: $3,574.00 per unit. This fee shall, pursuant to statute, be recalculated at the end of each budget year and may be reset by ordinance of the Borough Council after public hearing, on a yearly basis. The water connection fee shall be payable in full to the Borough of Madison at the time a building water connection permit is issued for connection to the municipal water system by the Borough of Madison. SECTION 2: This Ordinance shall take effect on July 1, 2018. Mr. Hoover moved that Ordinance 22-2018, which the Borough Clerk read by title, be adopted. 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, Ms. Byrne, Mr. Hoover Nays: None ORDINANCE 23-2018 ORDINANCE OF THE BOROUGH OF MADISON AMENDING CHAPTER 155 OF THE MADISON BOROUGH CODE ENTITLED “SEWER” TO UPDATE THE SEWER CONNECTION FEE SCHEDULE PAGE 26 OF 36 Regular Meeting Minutes – March 26, 2018 WHEREAS, the Borough Council has determined that it is in the best interest of the Borough to continue the exterior renovations and restoration of the James Library Building, as requested by the Museum of Early Trades & Crafts; and WHEREAS, the Open Space Advisory Committee has recommended the full funding of this request; and WHEREAS, the Borough Council has determined that the Borough should appropriate $66,000.00 from the Open Space Trust Fund for exterior renovations and restoration of the James Library Building; and WHEREAS, the Chief Financial Officer has attested to the availability of funds in an amount not to exceed $66,000.00 for this purpose in the Open Space Trust Fund. 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 $66,000.00 is hereby appropriated from the Open Space Trust Fund for the restoration and repair of the James Library Building, as requested by the Museum of Early Trades & Crafts. All work to be coordinated with the Borough Engineer. SECTION 2: This Ordinance shall take effect as provided by law. Ms. Baillie moved that Ordinance 21-2018, which the Borough Clerk read by title, be adopted. Mrs. Vitale seconded the motion. There was no Council discussion, and the motion passed with the following roll call vote recorded: Yeas: Mrs. Vitale, Ms. Baillie, Mr. Wolkowitz, Mr. Rowe, Ms. Byrne, Mr. Hoover Nays: None ORDINANCE 22-2018 ORDINANCE OF THE BOROUGH OF MADISON AMENDING CHAPTER 190 OF THE MADISON BOROUGH CODE ENTITLED “WATER” TO UPDATE THE WATER CONNECTION FEE SCHEDULE WHEREAS, the Borough Engineer and Borough Auditor have recommended that the Borough amend Chapter 190 of the Madison Borough Code entitled “Water” to include an updated water connection fee schedule; and WHEREAS, Nisivoccia and Company, LLP, Certified Public Accountants and consultant to the Borough, has performed a study of the capital costs and interest on debt service together with the number of equivalent users at December 31, 2017, and based on such study has recommended a water connection fee in the amount of $3,574.00 for new customers; and PAGE 25 OF 36 Regular Meeting Minutes – March 26, 2018 Mr. Hoover moved that Ordinance 19-2018, which the Borough Clerk read by title, be adopted. 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, Ms. Byrne, Mr. Hoover Nays: None ORDINANCE 20-2018 ORDINANCE OF THE BOROUGH OF MADISON APPROPRIATING $20,000.00 FROM THE MUNICIPAL OPEN SPACE TRUST FUND FOR A WELCOME CENTER AT THE JAMES LIBRARY BUILDING WHEREAS, the Borough Council has determined that it is in the best interest of the Borough to assist in the renovation of the front foyer of the James Library Building, as requested by the Museum of Early Trades & Crafts; and WHEREAS, the Open Space Advisory Committee has recommended the full funding of this request; and WHEREAS, the METC will be utilizing these funds to create a Welcome Center for Madison’s historic downtown; and WHEREAS, the Borough Council has determined that the Borough should appropriate $20,000.00 from the Open Space Trust Fund for the restoration of the front foyer of the James Library Building; and WHEREAS, the Chief Financial Officer has attested to the availability of funds in an amount not to exceed $20,000.00 for this purpose in the Open Space Trust Fund. 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 $20,000.00 is hereby appropriated from the Open Space Trust Fund for the restoration of the front foyer of the James Library Building, as requested by the Museum of Early Trades & Crafts. All work to be coordinated with the Borough Engineer. SECTION 2: This Ordinance shall take effect as provided by law. Ms. Baillie moved that Ordinance 20-2018, which the Borough Clerk read by title, be adopted. Mrs. Vitale seconded the motion. There was no Council discussion, and the motion passed with the following roll call vote recorded: Yeas: Mrs. Vitale, Ms. Baillie, Mr. Wolkowitz, Mr. Rowe, Ms. Byrne, Mr. Hoover Nays: None ORDINANCE 21-2018 ORDINANCE OF THE BOROUGH OF MADISON APPROPRIATING $66,000.00 FROM THE MUNICIPAL OPEN SPACE TRUST FUND FOR EXTERIOR RENOVATIONS AND RESTORATION OF THE JAMES LIBRARY BUILDING PAGE 24 OF 36 Regular Meeting Minutes – March 26, 2018 WHEREAS, the Borough Council has determined that the Borough should appropriate an $680,000.00 from the Water Utility Capital Improvement Fund for the 2018 Water Utility program improvements. NOW, THEREFORE, BE IT ORDAINED by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, as follows: SECTION 1: The amount of $680,000.00 is hereby appropriated from the Water Utility Capital Improvement Fund for the 2018 Water Utility program improvements. SECTION 2: The budget of the Borough is hereby amended to conform with the provisions of this Ordinance. SECTION 3: This Ordinance shall take effect as provided by law. Mr. Hoover moved that Ordinance 18-2018, which the Borough Clerk read by title, be adopted. 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, Ms. Byrne, Mr. Hoover Nays: None ORDINANCE 19-2018 ORDINANCE OF THE BOROUGH OF MADISON APPROPRIATING $260,000.00 FROM THE GENERAL CAPITAL IMPROVEMENT FUND FOR THE 2018 SANITARY SEWER IMPROVEMENTS PROGRAM WHEREAS, the Borough Engineer has recommended that the Borough appropriate $260,000.00 from the General Capital Improvement Fund for the 2018 Sanitary Sewer Improvements program; 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 $260,000.00 for this purpose; and WHEREAS, the Borough Council has determined that the Borough should appropriate $260,000.00 from the General Capital Improvement Fund for the 2018 Sanitary Sewer Improvements program. 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 $260,000.00 is hereby appropriated from the General Capital Improvement Fund for the 2018 Sanitary Sewer Improvements program. SECTION 2: The budget of the Borough is hereby amended to conform with the provisions of this Ordinance. SECTION 3: This Ordinance shall take effect as provided by law. PAGE 23 OF 36 Regular Meeting Minutes – March 26, 2018 Ms. Byrne moved that Ordinance 16-2018, which the Borough Clerk read by title, be adopted. Mr. Wolkowitz 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, Ms. Byrne, Mr. Hoover Nays: None ORDINANCE 17-2018 ORDINANCE OF THE BOROUGH OF MADISON AMENDING CHAPTER 25 OF THE MADISON BOROUGH CODE ENTITLED “OPEN SPACE, RECREATION, AND HISTORIC PRESERVATION ADVISORY COMMITTEE” WHEREAS, the Open Space, Recreation and Historic Preservation Committee has recommended revision of Chapter 25 of the Borough Code Entitled: “Open Space, Recreation and Historic Preservation Advisory Committee”; and WHEREAS the Borough Council agrees with this recommendation to revise Chapter 25 of the Borough Code. 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 25 of the Borough Code entitled “Open Space, Recreation and Historic Preservation Advisory Committee” is hereby amended as follows: §25-3 A (7). One member of the Shade Tree Management Board. (8). Three members who are residents of the Borough. SECTION 2: This Ordinance shall take effect as provided by law. Ms. Baillie moved that Ordinance 17-2018, which the Borough Clerk read by title, be adopted. Mrs. Vitale seconded the motion. There was no Council discussion, and the motion passed with the following roll call vote recorded: Yeas: Mrs. Vitale, Ms. Baillie, Mr. Wolkowitz, Mr. Rowe, Ms. Byrne, Mr. Hoover Nays: None ORDINANCE 18-2018 ORDINANCE OF THE BOROUGH OF MADISON APPROPRIATING $680,000.00 FROM THE WATER UTILITY CAPITAL IMPROVEMENT FUND FOR 2018 WATER UTILITY PROGRAM IMPROVEMENTS WHEREAS, the Borough Engineer has recommended that the Borough appropriate $680,000.00 for the 2018 Water Utility program; and WHEREAS, the Chief Financial Officer has attested to the availability of the funds in the Water Utility Capital Improvement Fund in an amount not to exceed $680,000.00 for this purpose; and PAGE 22 OF 36 Regular Meeting Minutes – March 26, 2018 Mayor Conley declared Ordinance 14-2018 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. Since no member of the public wished to be heard, the invitation for discussion was closed. 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 April 9, 2018 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 16-2018 ORDINANCE OF THE BOROUGH OF MADISON AMENDING CHAPTER 15 OF THE MADISON BOROUGH CODE ENTITLED “DOWNTOWN DEVELOPMENT COMMISSION” WHEREAS, the Madison Downtown Development Commission has recommended revision of Chapter 15 of the Borough Code Entitled: “Downtown Development Commission”; and WHEREAS the Borough Council agrees with this recommendation to revise Chapter 15 of the Borough Code. 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 15 of the Borough Code entitled “Downtown Development Commission” is hereby amended as follows: §15-2 B(8). Ex-Officio Member; one (1) member: who shall be an active volunteer. Ex-Officio Member; one (1) member: who shall be a Drew Student. Ex-Officio Member; one (1) member: who shall be the Communications and Technology Coordinator. SECTION 2: This Ordinance shall take effect as provided by law. PAGE 21 OF 36 Regular Meeting Minutes – March 26, 2018 Ms. Baillie moved that Ordinance 13-2018, 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, Ms. Byrne, Mr. Hoover Nays: None Mayor Conley declared Ordinance 13-2018 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 14-2018 ORDINANCE OF THE BOROUGH OF MADISON APPROPRIATING $600,000.00 FROM THE GENERAL CAPITAL IMPROVEMENT FUND FOR HARTLEY DODGE MEMORIAL PLAZA SITEWORK IMPROVEMENTS AND RELATED WORK WHEREAS, the Borough Engineer has recommended that the Borough appropriate $600,000.00 from the General Capital Improvement Fund for the Hartley Dodge Memorial Plaza Sitework Improvements and related work; 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 $600,000.00 for this purpose; and WHEREAS, the Borough Council has determined that the Borough should appropriate $600,000.00 from the General Capital Improvement Fund for the Hartley Dodge Memorial Plaza Sitework Improvements and related work. 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 $600,000.00 is hereby appropriated from the General Capital Improvement Fund for the Hartley Dodge Memorial Plaza Sitework Improvements and related work. SECTION 2: The budget of the Borough is hereby amended to conform with the provisions of this Ordinance. SECTION 3: This Ordinance shall take effect as provided by law. Mayor Conley opened up the public hearing on Ordinance 14-2018. Since no member of the public wished to be heard, the public hearing was closed. Mrs. Vitale moved that Ordinance 14-2018, 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: Mrs. Vitale, Ms. Baillie, Mr. Wolkowitz, Mr. Rowe, Ms. Byrne, Mr. Hoover Nays: None PAGE 20 OF 36 Regular Meeting Minutes – March 26, 2018 (1) Submission requirements for final subdivision and site plan approval are provided in Checklist D in Schedule III. (2) The Board Secretary, within five business days of the certification of completeness of an application for final approval, shall forward copies of the plan or plat to the following officials for review and comment where appropriate: (a) Environmental Commission. (b) Borough Fire Department. (c) Borough Police Department. (d) Borough Water Department. (e) Borough Electric Department. (f) Borough Public Works Department. (g) Borough Historic Preservation Commission. (h) Sign and Facade Committee of Downtown Development Commission. (3) The Board shall also have the authority to refer any plan or plat to other agencies or individuals for comment or recommendations. In the case of signage, the time periods for review as established in § 195-33.1B, shall apply. SECTION 11: Section 195-22, shall be amended as follows: IX. Amend Chapter 195, Land Development Article III, 195-22.3A to read as follows: A. Application (1) An applicant may apply for variances concurrently with a subdivision or site plan application or file for a variance with the Board of Adjustment where no subdivision or site plan application is required. (2) The applicant shall submit the required fee and requisite copies each of the application and required submission materials to the Board Secretary for review by the administrative official for completeness. (3) Upon determination by the administrative official that the application is complete, the applicant shall submit additional copies of all plans as directed by the administrative official, and the Board Secretary will place the item on the agenda. X. Amend Chapter 195, Land Development Article III, 195-22.5. Checklists, to read as follows: No application for development shall be deemed complete unless the items, information and documentation listed for each application Checklist is submitted to the administrative official for the approving Board. A complete Application Form must all be submitted with all required signatures. If any of the required items is not submitted, the applicant must request a waiver and state the reasons for such request in writing. Such written requests for waivers are required for an application to be deemed administratively complete. XI. Repeal Existing Schedule III and replace with the following: Checklist A: General Requirements for All Applications for Development. Ms. Baillie moved that Ordinance 13-2018, which the Borough Clerk read by title, be adopted. Mrs. Vitale seconded the motion. There was no Council discussion, and the motion passed with the following roll call vote recorded: Mayor Conley opened up the public hearing on Ordinance 13-2018. Since no member of the public wished to be heard, the public hearing was closed. PAGE 19 OF 36 Regular Meeting Minutes – March 26, 2018 (c) Borough Police Department. (d) Borough Water Department. (e) Borough Electric Department. (f) Borough Public Works Department. (g) Borough Historic Preservation Commission. (h) Sign and Facade Committee of Downtown Development Commission. SECTION 9: Section 195-17C, shall be amended as follows: VII. Amend Chapter 195, Land Development Article III, 195-22A and 195- 22B, Preliminary approval of major subdivision and site plan, to read as follows: A. Application. (1) The applicant shall submit the required elements of an application for development, as identified in 195-17. (2) Upon determination by the administrative official that the application is complete and upon review by the TCC, the Applicant shall submit the requisite number of additional copies of all plans and application materials and the Board Secretary will place the item on the agenda. B. Submission requirements. (1) Submission requirements for all application types are provided in the Checklists in Schedule III, specifically Checklist A and Checklist C.[1 (2) The Board Secretary, within five business days of the certification of completeness for preliminary approval, shall forward copies of the plat or site plan to the following for review and comment, where appropriate: (a) Environmental Commission. (b) Borough Fire Department. (c) Borough Police Department. (d) Borough Water Department. (e) Borough Electric Department. (f) Borough Public Works Department. (g) Borough Historic Preservation Commission. (h) Madison-Chatham Joint Meeting. (i) Sign and Facade Committee of Downtown Development Commission. (3) The Board shall also have the authority to refer any plat to other agencies or individuals for comment or recommendations. C. Review. The officials and agencies cited above shall forward their comments and recommendations in writing to the Board within 20 days from the receipt of the plat or site plan or by the date of the scheduled public meeting. In the case of signage, the time periods for review as established in § 195-33.1B, shall apply. SECTION 10: Section 195-22, shall be amended as follows: VIII. Amend Chapter 195, Land Development Article III, 195-22.1A and B, Final approval of major subdivision and site plan, to read as follows: A. Application. (1) The applicant shall submit a final plat or final plan to the Secretary of the Board within three years after the date of the preliminary approval or any authorized extension thereof. (2) Upon determination by the administrative official that the application is complete, the applicant shall submit 15 additional copies of all plans, and the Secretary of the Board will place the item on the agenda. B. Submission requirements. PAGE 18 OF 36 Regular Meeting Minutes – March 26, 2018 an adverse impact on the road network, pedestrian safety, existing onsite parking, ingress/egress or on-site circulation. (2) General provisions. (a) The traffic/transportation impact statement shall be prepared by a New Jersey licensed professional engineer having appropriate experience and background. (b) All relevant sources of information used in the preparation of said statement shall be identified. (3) Submission format. All impact statements shall provide a description of the impact and effect of the proposed land development upon all roads that are adjacent to or immediately affected by traffic and shall specifically address the following items: (a) Existing conditions in the vicinity of the proposed project, including: [1] Roadway network. [2] Representative traffic counts, not during holiday or summer periods. [3] Traffic accident statistics for the most recent three-year period, including all crashes involving pedestrians or cyclists. [4] Availability/locations of public transportation and on-street/public parking. [5] Level of service of adjacent roadways. [6] Existing and proposed off-street parking serving the proposal. (b) Traffic/parking demand generated by the proposed development including: [1] Trip generation. [2] Trip distribution. [3] Modal split. [4] Trip assignment. [5] Level of service under proposed conditions. [6] Anticipated parking demand based on acceptable industry sources. (c) Identification of transportation impacts caused by the proposed development. (d) Explanation of traffic reduction/traffic management plans necessary pursuant to any current federal, state or county requirements, and, where applicable, proposed interaction with appropriate County Transportation Management Areas (TMA). (e) Recommendations for alleviating or diminishing any possible congestion or disruption to the established traffic or transportation or parking patterns. (f) Any other information requested by the appropriate Board reasonably required to make an informed assessment of potential transportation impacts. SECTION 8: Section 195-21A and B, shall be amended as follows: VI. Amend Chapter 195, Land Development Article III, 195-21A and 195-21B, to read as follows: A. Application. (1) The applicant shall submit the required elements of an application for development, as identified in 195-17. (2) Upon determination by the administrative official that the application is complete and upon review by the TCC, the Applicant shall submit the requisite number of additional copies of all plans and application materials and the Board Secretary will place the item on the TCC agenda. B. Submission requirements. (1) Submission requirements for subdivision applications are provided in the Checklists in Schedule III. (2) The Board Secretary, within five business days of the certification of completeness for preliminary approval, shall forward copies of the plat or site plan to the following for review and comment, where appropriate: (a) Environmental Commission. (b) Borough Fire Department. PAGE 17 OF 36 Regular Meeting Minutes – March 26, 2018 SECTION 4: Section 195-17D, shall be amended as follows: Amend 195-17D. Additional information, to read as follows: D. Additional information. In its review of the application, the TCC or Planning Board may request additional information after certification as a complete application to correct any information found to be in error and/or submission of additional information not specified in this chapter or any revision to the accompanying documents, as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met. SECTION 5: Section 195-18, shall be amended as follows: III. Amend Chapter 195, Land Development Article III, 195-18, Permitted Use with Waiver of Site Plan Details, to read as follows: A. Where no physical exterior improvements are proposed on a site occupied by a permitted use, with the exception of signage and solid waste/recycling receptacles, an Applicant may apply for Permitted Use with Waiver of Site Plan Details. B. The applicant shall submit the required fee and the requisite application materials itemized in Checklist E for review and consideration by the administrative official for completeness. Upon determination by the administrative official that the application is complete, the applicant shall submit additional copies of all plans as directed by the administrative official, who will then place the item on the TCC agenda. C. The TCC shall review the application and determine if any additional details are necessary for formal consideration by the Planning Board, particularly if signage variance relief is triggered. D. Where appropriate, the provisions of § 195-22 shall apply. SECTION 6: Section 195-19, shall be amended as follows: IV. Amend Chapter 195, Land Development Article III, 195-19, Informal Review, B through D, to read as follows: B. Applicants seeking review of a concept plan shall provide twelve copies of the plan and the completed application and the required review fees to the Board Secretary at least 10 days before a regularly scheduled meeting of the TCC. The TCC shall review the application pursuant to the requirements of § 195-14 and shall provide input on the materials to be provided to the Planning Board. C. After the TCC has reviewed the plan, 15 copies of the concept plan that incorporates any TCC comments shall be submitted to the Planning Board for discussion purposes. D. The concept plan is a general plan that is neither fully engineered nor surveyed. The plan should be sufficiently detailed to allow the Planning Board to make suggestions on general site design and layout for circulation, stormwater management, location of open space and buffers, building arrangements and to determine how the proposal meets the Borough's development goals and objectives. SECTION 7: Section 195-20G, shall be amended as follows: V. Amend Chapter 195, Land Development Article III, 195-20G. Traffic impact statement, to read as follows: G. Traffic/transportation impact statement. (1) When required. The Board may require a transportation impact statement as part of preliminary approval if, in the opinion of the Board, the development could have PAGE 16 OF 36 Regular Meeting Minutes – March 26, 2018 (3) Make recommendations on the design and technical elements of any application. (4) Consider and make recommendations regarding waivers of specific Checklist requirements if the proposed development results in minor changes that do not warrant provision of specific items. (5) In the case of permitted uses with waiver of site plan details, make recommendations to the Board regarding waiving requirements if the proposed development has secured previous site plan approval, involves normal maintenance or replacement, such as painting or siding, or does not affect existing drainage, circulation, landscaping, lighting, and other considerations of site plan review, with the exception of signage and solid waste disposal. (6) Determine whether the project is in a critical area as defined by the Environmental Resources Inventory. (7) Recommend whether an Environmental Impact Assessment, Traffic Impact Assessment, or any other special studies should be required. B. The Committee shall make known its findings through a combination of written correspondence provided in advance of any TCC meeting and through TCC minutes. SECTION 2: Section 195-17B, entitled ‘Technical Coordinating Committee” shall be amended as follows: II. AMEND Chapter 195. Land Development Article III. Development Procedures 195-17B, C and D, as follows: Amend 195-17B. Content, to read as follows: B. Content. An application for development shall include all relevant completed Checklist(s) as specified in Schedule III, [1] the items specified in the Checklist(s), and a completed application form including all attachments. _ With the exception of requests for permitted uses with waiver of site plan details (in specific instances only) or for interpretation or appeals of a decision of a Borough Official, all applications shall provide all items specified in Checklist A in Schedule III. SECTION 3: Section 195-17C, entitled ‘Technical Coordinating Committee” shall be amended as follows: Amend 195-17C. Complete application, to read as follows: C. Complete application. The administrative officer or his/her designee shall review all applications and accompanying documents required by this chapter to determine whether or not the submission is a valid application for development in accordance with 195-17B. Upon such a finding, the administrative official or his/her designee shall certify the application as being complete and shall so notify the applicant and the TCC. If the application is found to be incomplete, the administrative officer shall indicate the manner in which the application is incomplete, by reference to the specific section or sections of the applicable Checklist(s). The administrative official shall notify the applicant, in writing, of any finding of incompleteness and said specific deficiencies of the application. The application shall be deemed to be complete if a written notification of incompleteness, as provided above, has not been sent to the applicant within 45 days of the submission of the application to the Board. The applicant may request that one or more of the submission requirements be waived, in which event the TCC shall consider the waivers and provide a recommendation to the Planning Board, which shall grant or deny the request within 45 days from the first hearing date before the Board. PAGE 15 OF 36 Regular Meeting Minutes – March 26, 2018 Ms. Baillie moved that Ordinance 12-2018, 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, Ms. Byrne, Mr. Hoover Nays: None Mayor Conley declared Ordinance 12-2018 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 13-2018 ORDINANCE OF THE BOROUGH OF MADISON AMENDING CHAPTER 195 OF THE BOROUGH CODE, ENTITLED “LAND DEVELOPMENT” TO CLARIFY AND PROVIDE NECESSARY AMENDMENTS TO CONFORM TO THE MUNICIPAL LAND USE LAW WHEREAS, the Planning Board has recommended amending Chapter 195 of the Borough Code, the Madison Land Development Ordinance, in regard the review of applications for development or requests for review submitted to the Planning Board; and WHEREAS, the Borough Council has considered the proposed amendment to the Madison Land Development Ordinance and wishes to amend the Code as recommended. NOW, THEREFORE, BE IT ORDAINED, by the Council of the Borough of Madison, in the County of Morris and State of New Jersey that Chapter 195 of the Borough Code entitled “Madison Land Development Ordinance” shall be amended as follows: SECTION 1: Section 195-14, entitled ‘Technical Coordinating Committee” shall be amended as follows: I. AMEND Chapter 195. Land Development, Article II. Planning Board, 195-14. Technical Coordinating Committee, to read as follows: A Technical Coordinating Committee (TCC) shall be established to serve as the Review Advisory Board to review all applications for development or requests for review submitted to the Planning Board. A designee of the Chairperson of the Planning Board shall chair the Committee. The Committee shall include the Board Engineer, Borough Construction Official, Board Planning Consultant, Board Attorney, a representative from the Shade Tree Management Board and, in addition, any member of the Planning Board or any other official as appointed by the Chairperson of the Planning Board whose particular expertise may be required on a specific application or all applications. A. The TCC shall have the following responsibilities: (1) Determine adequacy of application materials provided to address technical standards set forth in this Chapter. (2) Determine compliance with the technical standards set forth in this chapter. PAGE 14 OF 36 Regular Meeting Minutes – March 26, 2018 • $5,000 for the first $100,000 of bonded improvement costs, plus • two and a half percent of bonded improvement costs in excess of $100,000 up to $1,000,000, plus • One percent of bonded improvement costs in excess of $1,000,000 (2) (a) The developer shall post with the municipality, prior to the release of a performance guarantee required pursuant to subparagraph (a), subparagraph (b), or both subparagraph (a) and subparagraph (b) of paragraph (1) of this subsection, a maintenance guarantee in an amount not to exceed 15% of the cost of the installation of the improvements which are being released. (b) If required, the developer shall post with the municipality, upon the inspection and issuance of final approval of the following private site improvements by the municipal engineer, a maintenance guarantee in an amount not to exceed 15% of the cost of the installation of the following private site improvements: stormwater management basins, in-flow and water quality structures within the basins, and the out-flow pipes and structures of the stormwater management system, if any, which cost shall be determined according to the method of calculation set forth in section 15 of P.L.1991, c.256 (C.40:55D-53.4). (c) The term of the maintenance guarantee shall be for a period not to exceed two years and shall automatically expire at the end of the established term. (d) The Borough shall not require that a maintenance guarantee required pursuant to this ordinance be in cash or that more than 10 percent of a performance guarantee pursuant to the ordinance be in cash. A developer may, however, provide at his option some or all of the maintenance guarantee in cash, or more than 10 percent of a performance guarantee in cash. (C.40:55D-53.3) SECTION 2: This Ordinance shall take effect upon adoption. Mayor Conley opened up the public hearing on Ordinance 12-2018. Since no member of the public wished to be heard, the public hearing was closed. PAGE 13 OF 36 Regular Meeting Minutes – March 26, 2018 bond of any type with respect to the same line item. The temporary certificate of occupancy guarantee shall be released by the zoning officer, municipal engineer, or other municipal official designated by ordinance upon the issuance of a permanent certificate of occupancy with regard to the development, unit, lot, building, or phase as to which the temporary certificate of occupancy relates. (d) In addition to a performance guarantee required by the Borough ordinance, a developer shall furnish to the municipality a separate guarantee, referred to herein as a “safety and stabilization guarantee”, in favor of the municipality, to be available to the municipality solely for the purpose of returning property that has been disturbed to a safe and stable condition or otherwise implementing measures to protect the public from access to an unsafe or unstable condition, only in the circumstance that: (i) site disturbance has commenced and, thereafter, all work on the development has ceased for a period of at least 60 consecutive days following such commencement for reasons other than force majeure, and (ii) work has not recommenced within 30 days following the provision of written notice by the Borough to the developer of the Borough’s intent to claim payment under the guarantee. The Borough shall not provide notice of its intent to claim payment under a “safety and stabilization guarantee” until a period of at least 60 days has elapsed during which all work on the development has ceased for reasons other than force majeure. The Borough shall provide written notice to a developer by certified mail or other form of delivery providing evidence of receipt. The amount of a “safety and stabilization guarantee” for a development with bonded improvements in an amount not exceeding $100,000 shall be $5,000. The amount of a “safety and stabilization guarantee” for a development with bonded improvements exceeding $100,000 shall be calculated as a percentage of the bonded improvement costs of the development or phase of development as follows: PAGE 12 OF 36 Regular Meeting Minutes – March 26, 2018 approved plans or plat: streets, pavement, gutters, curbs, sidewalks, street lighting, street trees, surveyor’s monuments, water mains, sanitary sewers, drainage structures, public improvements of open space, any grading necessitated by the preceding improvements or as otherwise described in Chapter 195-28.1 of the Borough ordinance. The Borough Engineer shall prepare an itemized cost estimate of the improvements covered by the performance guarantee, which itemized cost estimate shall be appended to each performance guarantee posted by the obligor. (b) The Borough may also require a performance guarantee to include, within an approved phase or section of a development privately-owned perimeter buffer landscaping, as required by local ordinance or imposed as a condition of approval. At the developer’s option, a separate performance guarantee may be posted for the privately-owned perimeter buffer landscaping. (c) In the event that the developer shall seek a temporary certificate of occupancy for a development, unit, lot, building, or phase of development, as a condition of the issuance thereof, the developer shall furnish a separate guarantee, referred to herein as a “temporary certificate of occupancy” in favor of the municipality in an amount equal to 120% of the cost of installation of only those improvements or items which remain to be completed or installed under the terms of the temporary certificate of occupancy and which are required to be installed or completed as a condition precedent to the issuance of the permanent certificate of occupancy for the development, unit, lot, building, or phase of development and which are not covered by an existing performance guarantee. Upon posting of a “temporary certificate of occupancy guarantee”, all sums remaining under a performance guarantee, required pursuant to subparagraph (a) of this paragraph, which relate to the development, unit, lot, building, or phase of development for which the temporary certificate of occupancy is sought, shall be released. The scope and amount of the “temporary certificate of occupancy guarantee” shall be determined by the zoning officer, municipal engineer, or other municipal official designated by ordinance. At no time will the Borough hold more than one guarantee or PAGE 11 OF 36 Regular Meeting Minutes – March 26, 2018 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 195-28 of the Madison Borough Code currently entitled “Improvements” is hereby amended as follows: § 195-28 Installation of Improvements; Required Guarantees The following payments, contributions, and requirements shall be applicable to all site plans and subdivisions in addition to other applicable ordinances for any such development as follows: a. Before filing of final subdivision plats or recording of minor subdivision deeds or as a condition of final site plan approval or as a condition to the issuance of a zoning permit pursuant to subsection d. of section 52 of P.L.1975, c.291 (C.40:55D-65), the Borough will require and shall accept in accordance with the standards adopted by ordinance and regulations adopted pursuant to section 1 of P.L.1999, c.68 (C.40:55D-53a) for the purpose of assuring the installation and maintenance of certain on-tract improvements, the furnishing of a performance guarantee, and provision for a maintenance guarantee in accordance with paragraphs (1) and (2) of this subsection. In accordance with the Borough ordinance requiring a successor developer to furnish a replacement performance guarantee, as a condition to the approval of a permit update under the State Uniform Construction Code, for the purpose of updating the name and address of the owner of property on a construction permit, the Governing Body may require and shall accept in accordance with the standards adopted by ordinance and regulations adopted pursuant to section 1 of P.L.1999, c.68 (C.40:55D-53a) for the purpose of assuring the installation and maintenance of certain on-tract improvements, the furnishing of a performance guarantee, and provision for a maintenance guarantee, in accordance with paragraphs (1) and (2) of this subsection. (1) (a) The developer shall furnish a performance guarantee in favor of the Borough in an amount not to exceed 120% of the cost of installation of only those improvements required by an approval or developer’s agreement, ordinance, or regulation to be dedicated to a public entity, and that have not yet been installed, which cost shall be determined by the Borough Engineer, according to the method of calculation set forth in section 15 of P.O.1991, c.256 (C.40:55D-53.4), for the following improvements as shown on the PAGE 10 OF 36 Regular Meeting Minutes – March 26, 2018 on the sheet provided for the record. He/she shall limit his/her statement to three (3) minutes or less. Since no member of the public wished to be heard, the invitation for discussion was closed. AGENDA DISCUSSIONS 03/26/2018-1 ENVIRONMENTAL COMMISSION PRESENTATION Chairperson of the Environmental Commission, Claire Whitcomb presented a power point presentation outlining activities of the Commission including a 2017 Green Forum, planting native plants and pollinators, reducing trash and composting. Helping residents save energy, reduce waste and recycle. A 2018 Green Vision Forum will be held April 19thand all are welcome. Ms. Whitcomb left Council with this thought, ‘What would a Greener Madison look like in 2, 5, and 10 years?’ 03/26/2018-2 BOROUGH MASTER PLAN Ms. Baillie noted that as required by the State the Master Plan must be reexamined, and a complete overhaul is recommended. The reexamination will take approximately 18 months to complete with input from the public, the Planning Board and Council. A proposal will be presented at the next Council meeting. ADVERTISED HEARINGS The Clerk made the following statement: Ordinances scheduled for hearing tonight were submitted in writing at a Regular meeting of the Mayor and Council held on March 12, 2018, 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 12-2018 ORDINANCE OF THE BOROUGH OF MADISON AMENDING CHAPTER 195 OF THE MADISON BOROUGH CODE ENTITLED “LAND DEVELOPMENT” TO CLARIFY AND PROVIDE NECESSARY AMENDMENTS TO CONFORM TO THE MUNICIPAL LAND USE LAW WHEREAS, the Borough Engineering Department has recommended that the Borough amend Chapter 195, Section 28 of the Madison Borough Code entitled “Improvements” to clarify, update, and amend same to more accurately conform to current statutory requirements and recent amendments to the Municipal Land Use Law regarding the installation and maintenance of certain improvements and the guarantees required for same; and WHEREAS, the Planning Board has recommended the Mayor and Council that such further amendments be considered as now proposed herein. PAGE 9 OF 36 Regular Meeting Minutes – March 26, 2018 BE IT FURTHER ORDAINED, that any amount authorized herein above that is not appropriated as part of the final budget shall be retained as an exception to final appropriation in either of the next two succeeding years; and, BE IT FURTHER ORDAINED, that a certified copy of this ordinance as introduced be filed with the Director of the Division of Local Government Services within 5 days of introduction; and, BE IT FURTHER ORDAINED, that a certified copy of this ordinance upon adoption, with the recorded vote included thereon, be filed with said Director within 5 days after such adoption. Ms. Baillie moved that Ordinance 15-2018, which the Borough Clerk read by title, be adopted. Mrs. Vitale seconded the motion. There was no further Council discussion, and the motion passed with the following roll call vote recorded: Yeas: Mrs. Vitale, Ms. Baillie, Mr. Wolkowitz, Mr. Rowe, Ms. Byrne, Mr. Hoover Nays: None BUDGET INTRODUCTION Statement by Borough Clerk: Upon introduction and adoption, the 2018 Budget and Tax Resolution will be published by summary in the Madison Eagle on March 29, 2018 with a public hearing date set for Monday, April 23, 2018 at 8 p.m. in the Council Chamber, Hartley Dodge Memorial, 50 Kings Road, at which time and place all interested individuals will have an opportunity to be heard, and there will be consideration for final adoption. A copy of the budget as introduced will be filed with the Madison Public Library and the County Library for public review. R 104-2018 RESOLUTION OF THE BOROUGH OF MADISON ADOPTING THE 2018 BUDGET AND TAX RESOLUTION Ms. Baillie noted several highlights of the proposed budget and thanked Borough officials for their efforts. Mr. Burnet provided a summary of the proposed budget. Ms. Baillie moved that Resolution R 104-2018, which the Borough Clerk read by title, be adopted. Mrs. Vitale seconded the motion. There was no further Council discussion, and the motion passed with the following roll call vote recorded: Yeas: Mrs. Vitale, Ms. Baillie, Mr. Wolkowitz, Mr. Rowe, Ms. Byrne, Mr. Hoover Nays: None 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 PAGE 8 OF 36 Regular Meeting Minutes – March 26, 2018 appointed as Electric Utility Superintendent effective April 1, 2018, to be compensated at an annual salary of $136,680.00. Mr. Rowe moved that Resolution 18-2018, which the Borough Clerk read by title, be adopted. Mrs. Vitale seconded the motion. There was no further Council discussion, and the motion passed with the following roll call vote recorded: Yeas: Mrs. Vitale, Ms. Baillie, Mr. Wolkowitz, Mr. Rowe, Ms. Byrne, Mr. Hoover Nays: None INTRODUCTION OF THE 2018 BUDGET AND TAX RESOLUTION R 104-2018 CAP BANK ORDINANCE Mayor Conley called up Ordinance 15-2018 for first reading and asked the Borough Clerk to read said ordinance by title: ORDINANCE 15-2018 CALENDAR YEAR 2018 ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK (N.J.S.A. 40A: 4-45.13) WHEREAS, the Local Government Cap Law, N.J.S.A 40A: 4-45.1 et seq., provides that in the preparation of its annual budget, a municipality shall limit any increase in said budget to 2.5% unless authorized by ordinance to increase it to 3.5% over the previous year’s final appropriations, subject to certain exceptions; and, WHEREAS, N.J.S.A. 40A: 4-45.15a provides that a municipality may, when authorized by ordinance, appropriate the difference between the amount of its actual final appropriation and the 3.5% percentage rate as an exception to its final appropriations in either of the next two succeeding years; and, WHEREAS, the Borough Council of the Borough of Madison in the County of Morris finds it advisable and necessary to increase its CY 2018 budget by up to 3.5% over the previous year’s final appropriations, in the interest of promoting the health, safety and welfare of the citizens; and, WHEREAS, the Borough Council hereby determines that a 3.5% increase in the budget for said year, is estimated to be $194,611.64 in excess of the increase in final appropriations otherwise permitted by the Local Government Cap Law, is advisable and necessary; and, WHEREAS, the Borough Council hereby determines that any amount authorized hereinabove that is not appropriated as part of the final budget shall be retained as an exception to final appropriations in either of the next two succeeding years. NOW THEREFORE BE IT ORDAINED, by the Borough Council of the Borough of Madison, in the County of Morris, a majority of the full authorized membership of this governing body affirmatively concurring, that, in the CY 2018 budget year, the final appropriations of the Borough of Madison shall, in accordance with this ordinance and N.J.S.A. 40A: 4-45.14, be increased up to 3.5%, amounting to $681,140.74 and that the CY 2018 municipal budget for the Borough of Madison be approved and adopted in accordance with this ordinance; and, PAGE 7 OF 36 Regular Meeting Minutes – March 26, 2018 a fantastic job with this unique rescue challenge. Patrolman Patrick Strafaci graduated from the DARE America course and was awarded the distinction of being the most improved DARE instructor during the training. This week long course taught officers how to effectively teach the DARE curriculum with classroom instruction and hands-on teaching to active students. Ptl. Strafaci will be teaching DARE as a backup instructor at the Madison Jr. School for the reminder of the school year. On Saturday March 24th the Madison Police Department provided security for the Madison and Morristown March for Our Lives rallies. Madison Motorcycle officers provided an escort to the approximately 13,000 participants in the Morristown march without incident. On March 26th Patrolman Nelson Jimenez successfully completed the vigorous field training program with the Madison Police Department. Ptl. Jimenez will be assigned to the Patrol Division and has been cleared for solo patrol. Community Affairs Ms. Byrne, Chair of the Committee, made the following comments: The annual Taste of Madison was again a great success. The event was held Monday, March 19th at the Brooklake Country Club and very well attended. The 20th annual May Day event will be held on Saturday, May 5th. Tee Shirt sponsorship is still available. Utilities Mr. Hoover, Chair of the Committee, made the following comments: Mr. Hoover congratulated member of the Electric Utility on their efforts during recent storms, including follow up. The water Department is installing radio transmitters for remote water meter reading on work orders for outside installation. The annual NJDEP compliance evaluation inspection has taken place and results are expected soon. Mayor Conley asked for a motion to approve Resolution 118-2018, appointing James Mattina as the Electric Utility Superintendent. R 118-2018 RESOLUTION OF THE BOROUGH OF MADISON APPOINTING JAMES MATTINA AS ELECTRIC UTILITY SUPERINTENDENT WHEREAS, Resolution 287-2017 designated James Mattina as Acting Electric Utility Superintendent effective October 26, 2017 until March 31, 2018; and WHEREAS, the Borough Administrator has recommended that James Mattina be appointed as Electric Utility Superintendent effective April 1, 2018; and WHEREAS, the Borough Council has agreed with said recommendation; and WHEREAS, the Borough Council has agreed that James Mattina shall serve as the Electric Utility Superintendent at an annual salary of $136,680.00. NOW, THEREFORE, BE IT RESOLVED, by the Council of the Borough of Madison, County of Morris, State of New Jersey, that James Mattina is hereby PAGE 6 OF 36 Regular Meeting Minutes – March 26, 2018 Whereas, the Madison Police Department, Fire Department and Ambulance Squad did an outstanding job of keeping residents in town safe; NOW, THEREFORE, I, Robert H. Conley, Mayor of the Borough of Madison, on behalf of the governing body, do hereby extend thanks and appreciation to the Borough of Madison Electric Department, Department of Public Works, Police Department, Fire Department and the Madison Volunteer Ambulance Corps for their hard work and dedicated efforts in keeping the residents of the Borough of Madison safe. _______________________________ Robert H. Conley, Mayor March 26, 2018 REPORTS OF COMMITTEES Health Mr. Rowe, Chair of the Committee, no report. Public Works and Engineering Mrs. Vitale, Chair of the Committee, made the following comments: Bid openings for five budgeted projects including HDM Qualifications, Elmer Street, Plain Street, Greenwood Avenue and the 2018 Road Reconstruction will be held on Tuesday and Thursday this week. Another northeast storm compromised field construction progress over the last week but there has been some progress on the water main installation on Central Avenue. The NJDEP has provided confirmation of grant funding for the Bayley Ellard Field project in the amount of $409,312.51 through the Hazardous Discharge Site Remediation Fund. This significant grant offset nearly 75% of site remediation costs associated with the Bayley Ellard improvement. Congratulations to all for this time consuming but worthwhile effort. Quotes are being requested for the Summerhill Park Trails improvements from local landscape or construction vendors. New trail signage is also part of the county grant award. A utility study committee meeting is scheduled for Tuesday March 27, 2018 at 7:00 p.m. The Public Works Department reports continued work on storm clean-up, vehicle repairs, park maintenance and snow removal. Finance and Borough Clerk Ms. Baillie, Chair of the Committee, made the following comments: In anticipation of the June 5th Primary Election, a reminder that the filing deadline for Nomination Petitions for Municipal Office is Monday, April 2, 2018, before 4:00 p.m. Forms are available in the Borough Clerk’s Office. Public Safety Mr. Wolkowitz, Chair of the Committee, made the following comments: On Wednesday, March 21st during the recent snow storm, the Fire Department was presented with a very challenging rescue situation. A 12 year old boy was brought to the firehouse with a bearing from a "fidget spinner" stuck on his finger. His finger was swollen and the bearing wouldn't come off. The Fire Fighters tried soap, oil and the “string technique” but his finger was just too swollen. Recently some members of the fire department took a class which covered many things, one of which was how to deal with this exact situation. After the class Firefighters put together a "ring removal kit". They used it for this situation, along with the acquired skills they had learned to safely remove the bearing ring. Utilizing a Dremal tool, a custom made finger protector, a water spray bottle, Firefighters gently cut the ring off. The boy's finger was fine and his parents were very appreciative and thankful. All involved did PAGE 5 OF 36 Regular Meeting Minutes – March 26, 2018 Borough as a source of additional manpower at special events such as parades and festivals, as well as with increased traffic and crowd control; and WHEREAS, formally installed in the Madison Auxiliary Police in June 1971, John Granato has been a fixture at the Madison Farmers Market and every special event held in the Borough of Madison: and WHEREAS, a United States Marine Corps veteran and a lifelong resident of Madison, John and his wife, Barbara, have three children, John, Joseph and Patty; and WHEREAS, it takes a very special person to volunteer so much of their time to such a worthy cause; and WHEREAS, John Granato rose to the rank of Chief during his tenure and has proudly served the Madison Auxiliary Police for 47 years; NOW, THEREFORE, I, Robert H. Conley, Mayor of the Borough of Madison, on behalf of the governing body, do hereby extend thanks and appreciation to Chief John Granato for his efforts, dedication and commitment to the residents of the Borough of Madison. _______________________________ Robert H. Conley, Mayor March 26, 2018 Mayor Conley presented a proclamation In Recognition of the Extra Efforts of the Borough of Madison Response Teams During the Recent Storms to Jim Mattina of the Electric Utility and Mark Caccavale of the Madison Volunteer Ambulance Corps. Proclamation of the B o r o u g h o f M a d i s on In Recognition of the Extra Efforts of the Borough of Madison Response Teams During the Recent Storms Whereas, the wind and rain from the first storm crippled many neighboring towns with extensive blackouts; and Whereas, the second storm dumped over 20 inches of snow, causing major tree damage and statewide blackouts; and Whereas, thanks to the dedicated members of the Madison Electric Utility who worked round-the-clock, any loss of power was restored to Madison neighborhoods making Madison one of the first municipalities to have power restored; and Whereas, Department of Public Work employees worked tirelessly to plow the streets of the Borough so that roads were kept open; and PAGE 4 OF 36 Regular Meeting Minutes – March 26, 2018 WHEREAS, there are millions of Americans who are caregivers, family members and friends greatly impacted by Parkinson’s disease; and WHEREAS, it is estimated that the annual economic burden of Parkinson’s disease is over $26.4 billion per year and indirect costs to patients and family members total $6.3 billion; and WHEREAS, research suggests the cause of Parkinson’s disease is a combination of genetic and environmental factors, but the exact cause in most individuals is still unknown; and WHEREAS, there currently is no objective test or biomarker to diagnose Parkinson’s disease; and WHEREAS, there is no known cure or drug to slow or halt the progression of the disease, and available treatments are limited in their ability to address patients' medical needs and remain effective over time; and WHEREAS, the symptoms of Parkinson’s disease vary from person to person and can include tremors, slowness of movement and rigidity, gait and balance difficulty, speech and swallowing disturbances, cognitive impairment and dementia, mood disorders, and a variety of other non-motor symptoms; and WHEREAS, volunteers, researchers, caregivers and medical professionals are working to improve the quality of life of persons living with Parkinson’s disease and their families; and WHEREAS increased research, education and community support services are needed to find more effective treatments and to provide access to quality care to those living with the disease today; NOW, THEREFORE, I, Robert H. Conley, Mayor of the Borough of Madison, on behalf of the governing body, do hereby proclaim April 2018 as Parkinson’s Awareness Month and urge all residents to become educated about this disease to create a better community for individuals affected by Parkinson’s disease. _______________________________ Robert H. Conley, Mayor March 26, 2018 Mayor Conley presented a Proclamation to outgoing Auxiliary Police Chief John Granato who is retiring March 31st. Proclamation of the B o r o u g h o f M a d i s on Presented to CHIEF JOHN GRANATO In Recognition of His Service to the Madison Auxiliary Police WHEREAS, the Madison Auxiliary Police, under the supervision of the Chief of Police, consists of members who are volunteers that dedicate countless hours to the PAGE 3 OF 36 Regular Meeting Minutes – March 26, 2018 JOINT MEETING UPDATE SEWER AND WATER CONNECTION FEE SCHEDULE Date of public disclosure 60 days after conclusion, if disclosure required. PERSONNEL MATTER (3) ACTING ELECTRIC UTILITY SUPERINTENDENT SETTLEMENT AGREEMENT/POLICE HIRING ACTION SUMMER INTERNS Date of public disclosure 90 days after conclusion, if disclosure required. LITIGATION MATTERS (1) AFFORDABLE HOUSING UPDATE Date of public disclosure 60 days after conclusion, if disclosure required. Seconded: Mrs. Vitale Vote: Approved by voice vote RECONVENE IN COUNCIL CHAMBER Mayor Conley reconvened the Regular Meeting at 8 p.m. in the Council Chamber with all members present. The Pledge of Allegiance was recited by all. Mayor Coney asked for a moment of silence for Madison resident Agnes Munzing, who recently passed. In September 2017, she celebrated her 100th birthday and was honored to receive a proclamation commemorating this milestone. APPROVAL OF MINUTES - None GREETINGS TO PUBLIC Mayor Conley made the following comments: PROCLAMATIONS: Mayor Conley presented a Parkinson’s Awareness Month-April 2018 Proclamation to Barbara Rink, facilitator for the Madison Parkinson Disease Support Group. Proclamation of the B o r o u g h o f M a d i s on Proclaiming Parkinson’s Awareness Month April 2018 WHEREAS, Parkinson’s disease is a chronic, progressive neurological disease and is the second most common neurodegenerative disease in the United States; and WHEREAS, there is inadequate data on the incidence and prevalence of Parkinson’s disease, but it is estimated to affect nearly one million people in the United States, and that number is expected to more than double by 2040; and WHEREAS, Parkinson’s disease is the 14th leading cause of death in the United States according to the Centers for Disease Control and Prevention; and PAGE 2 OF 36 MINUTES OF A REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF MADISON March 26, 2018 - 7 p.m. CALL TO ORDER The Regular Meeting of the Mayor and Council of the Borough of Madison was held on the 26th day of March, 2018. 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 11, 2018. 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 John F. Hoover Also Present: Raymond M. Codey, Borough Administrator James E. Burnet, Assistant Borough Administrator Elizabeth Osborne, Borough Clerk Matthew J. Giacobbe, Esq. Borough Attorney AGENDA REVIEW There was approval of the Regular and Executive Agenda. READING OF CLOSED SESSION RESOLUTION Mr. Rowe moved: RESOLVED, that the meeting be adjourned to an Executive Session to consider the following matters: MINUTES FOR APPROVAL (1) None Date of public disclosure 60 days after conclusion, if disclosure required. CONTRACT MATTERS (5) MAINTENANCE, REPAIR, TESTING AND INSPECTION OF SUBSTATIONS WORKSTAR VEHICLE WITH LOOK LIFT AND ATTACHMENTS 34 WALNUT STREET, LLC