Mayor & Council

MINUTES OF A REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF MADISON May 14, 2018 - 7 p.m. CALL TO ORDER The Regular Meeting of the Mayor and Council of the Borough of Madison was held on the 14th day of May, 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: Present: Council Members: Carmela Vitale Benjamin Wolkowitz Patrick W. Rowe Maureen Byrne John F. Hoover Absent: Mayor Robert H. Conley, excused Astri J. Baillie, excused Also Present: Raymond M. Codey, Borough Administrator James E. Burnet, Assistant Borough Administrator/CFO Matthew J. Giacobbe, Esq., Borough Attorney Elizabeth Osborne, Borough Clerk AGENDA REVIEW There was approval of the Regular and Executive Agenda. READING OF CLOSED SESSION RESOLUTION Mrs. Vitale moved: RESOLVED, that the meeting be adjourned to an Executive Session to consider the following matters: MINUTES FOR APPROVAL (1) April 09, 2018 April 23, 2018 Date of public disclosure 60 days after conclusion, if disclosure required. Regular Meeting Minutes – May 14, 2018 CONTRACT MATTERS (7) JOINT MEETING POLICE DEPARTMENT CAMERA ACCESS AMERICAN POWERNET MOTT MACDONALD NJ CASH MANAGEMENT FUND EMERGENCY WATER SUPPLY AGREEMENT AFFORDABLE HOUSING TRUST FUND Date of public disclosure 60 days after conclusion, if disclosure required. PERSONNEL MATTERS (2) FIRE DEPARTMENT POLICE DEPARTMENT Date of public disclosure 90 days after conclusion, if disclosure required. Seconded: Mr. Wolkowitz Vote: Approved by voice vote RECONVENE IN COUNCIL CHAMBER Acting Mayor Rowe 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 Mrs. Vitale moved approval of the Executive Minutes of April 9, 2018. Mr. Hoover seconded the motion, which passed with the following roll call vote recorded: Yeas: Mrs. Vitale, Mr. Wolkowitz, Mr. Rowe, Ms. Byrne, Mr. Hoover Nays: None Absent: Ms. Baillie Mrs. Vitale moved approval of the Executive Minutes of April 23, 2018. Mr. Hoover seconded the motion, which passed with the following roll call vote recorded: Yeas: Mrs. Vitale, Mr. Wolkowitz, Mr. Rowe, Ms. Byrne, Mr. Hoover Nays: None Absent: Ms. Baillie Mrs. Vitale moved approval of the Regular Meeting Minutes of April 23, 2018. Mr. Hoover seconded the motion, which passed with the following roll call vote recorded: Yeas: Mrs. Vitale, Mr. Wolkowitz, Mr. Rowe, Ms. Byrne, Mr. Hoover Nays: None Absent: Ms. Baillie GREETINGS TO PUBLIC Acting Mayor Rowe made the following comments: Proposed Ordinance 26-2018, scheduled for hearing this evening, will be adjourned to the next Council meeting, Wednesday, May 30th at 8:00 p.m. Anyone wishing to be heard this evening will still have an opportunity to address the Council. Acting Mayor Rowe thanked the many volunteers for their efforts on the 20th Anniversary of May Day PAGE 2 OF 29 Regular Meeting Minutes – May 14, 2018 and invited all to attend the annual Memorial Day parade and ceremony on Monday. May, 28, 2018. EMPLOYEE OF THE MONTH FOR MAY: The Employee of the Month for May is Zach Ellis for his commitment in getting all the baseball backstops repaired, at a low cost, in time for the start of baseball season. ANNIVERSARIES FOR MAY: Chief Lou DeRosa of the Madison Fire Department – 35 Years on May 11th PROCLAMATIONS: Acting Mayor Rowe presented the National Police Week Proclamation to Lt. John Miscia, and members of the Madison Police Department. Proclamation of the B o r o u g h o f M a d i s on Proclaiming National Police Week May 13 through May 19, 2018 WHEREAS, the Congress and President of the United States have designated May 15th as Peace Officers Memorial Day, the day that honors all peace officers who have died in the line of duty, and the week in which it falls as Police Week; and WHEREAS, the names of the law enforcement officers who have been killed in the line of duty are engraved on the walls of the National Law Enforcement Officers Memorial in Washington, D.C.; and WHEREAS, the members the Madison Police Department play an essential role in preserving the rights and freedoms of the citizens of Madison; and WHEREAS, it is important that all citizens know and understand the problems, duties and responsibilities of their police department, and that members of the Madison Police Department recognize their duty to serve the people by safeguarding life and property, by protecting them against violence or disorder and by protecting the innocent against deception and the weak against oppression or intimidation; and WHEREAS, the Madison Police Department is a modern and scientific law enforcement agency which unceasingly provides a vital public service; NOW, THEREFORE, I, Robert H. Conley, Mayor of the Borough of Madison, on behalf of the governing body, proclaim May 13-19, 2018 as National Police Week in the Borough of Madison and publicly salute the service of law enforcement officers in our community and in communities across the nation. _________________________________________ Robert H. Conley, Mayor Acting Mayor Rowe presented the Tri-Town 55+ Coalition’s Rides for Senior Program One Year Anniversary Proclamation to John Crouthamel, Laura Sostak and Council member John Hoover. PAGE 3 OF 29 Regular Meeting Minutes – May 14, 2018 Proclamation of the B o r o u g h o f M a d i s on In Recognition of TRI-TOWN 55+ COALITION Rides for Seniors Program One Year Anniversary WHEREAS, Tri-Town 55+ Coalition, a non-profit, community-based organization, is dedicated to the needs of senior residents living in Chatham Borough, Chatham Township and Madison; and WHEREAS, May 23, 2018 marks the first anniversary of the Tri-Town 55+ Coalition’s Rides for Seniors Program; and WHEREAS, the Coalition acknowledges the importance of senior residents taking part in activities that promote physical, mental and emotional well-being—no matter what age; and WHEREAS, committed to engaging and supporting older adults, their families and caregivers, Tri-Town 55+ Coalition can enrich the lives of seniors by: • Implementing programs and services to create desirable communities guided by the World Health Organization’s age-friendly themes; • Providing access to subsidized on-demand transportation to qualified residents through the Rides for Seniors Program; • Working with local businesses to implement age-friendly practices to create an accessible, inviting atmosphere for all customers; • Involving older adults in community planning, events and other activities; • Providing opportunities for older adults to work, volunteer, learn, lead and mentor; and WHEREAS, since April 2017, the Rides for Seniors Program, has provided over 2,400 rides to 285 seniors living within the community; NOW, THEREFORE, I, Robert H. Conley, Mayor of the Borough of Madison, on behalf of the governing body, do hereby extend congratulations to Tri-Town 55+ Coalition on the first anniversary of the Rides for Seniors Program and in honor of National Older Americans Month, urge every resident to take time during this month to recognize older adults and the people who serve them as vital parts of our community. ________________________________ Robert H. Conley, Mayor May 14, 2018 REPORTS OF COMMITTEES Health Mr. Rowe, Chair of the Committee, made the following comments: Health Department inspectors are currently conducting pool inspections. The State of New Jersey recently changed requirements for pool operations. Inspectors are PAGE 4 OF 29 Regular Meeting Minutes – May 14, 2018 becoming familiar with these new regulations and will incorporate them into their reports. Health Inspectors continue to monitor updated plans at Frutta Bowl retail food establishment, Bottle Hill Tavern, and gave final approval for the opening of Madison Bagel Café. Upcoming clinics are scheduled for June 7 for CMP (blood testing) and June 11th for Men’s Cancer Screening. Appointments are still being accepted. There are several upcoming programs with MAASA and the MCC in collaboration with the Health Department. Some of these include a town hall meeting about vaping and underage drinking, preparing materials for Graduation Gala, planning the Yoga/Life Skills program for the Middle School and continued marijuana education. There is information about sun safety and mental health for residents available on the Borough’s media outlets. Public Works and Engineering Mrs. Vitale, Chair of the Committee, made the following comments: Public Service Electric & Gas Co continues working on Main Street. Tilcon NY will resurface half the roadway disturbed by the gas main and service replacements. PSEG has completed partial paving of Green Avenue, Delbarton Drive, Treadwell Avenue, Nordling Lane, Laurel Way, and Surrey Lane. The Borough of Madison has been working with Cifelli & Son and Tilcon NY on curb and drainage improvements along Barnsdale Road, Winding Way, Keep Street and Kings Road. 2018 Road Improvement projects have started with MidWest Construction working on Greenwood Avenue. Cifelli & Sons began work on Rosewood Drive, Crestwood Drive and Kensington Road. JoMed Contracting has been working on the Central Avenue Water Main Replacement project and is expected to be completing work by the end of May. The 2018 Sanitary Sewer Cleaning, Video and Repair contracts are scheduled to be opened on Thursday May 24th at 10:00 a.m. In anticipation of the June 5th Primary Election, the Clerk’s office will remain open for Late Night Voter Registration on May 15, 2018 until 8:00 p.m. The Finance Department reports that the CFO and staff are work on annual insurance reviews. The Borough has a number of properties, vehicles and equipment and all must be listed on the insurance schedule for proper coverage. Over the past two years, the Utility Billing Department has done an exceptional job implementing changes, including merging Water Bills and Electric Bills into one system, a new bill form was created with more information for the customer. Handheld devices have completely replaced the paper books in the field and new processes were implemented for utility billing penalties. A utility END OF DAY sheet has also been implemented . Finance and Borough Clerk Ms. Baillie, Chair of the Committee, absent Public Safety Mr. Wolkowitz, Chair of the Committee, made the following comments: The Madison Police Department warns residents about a scam that has recently resurfaced. Individuals call saying they are from JCP&L and threaten to shut off power if they are not paid by a credit card over the phone. Never give out personal information over the phone and if in doubt call your service provider. Madison residents also need to remember that Madison has its own electric utility. During the previous month Madison Police Department assisted the Madison YMCA in the Healthy Kids Day event. Officers provided parents with child ID’s as part of the event. If anyone is interested in obtaining a child ID, please contact Madison Police Detective Paul Papamarkos. On May 8th Chief Dachisen attended the ‘Protect your City, Protect your People’ seminar at the British Consulate in New York City concerning vehicle born attacks. The aim of the seminar was to look at the severity of a vehicle as a weapon and the impact this has on security design. PAGE 5 OF 29 Regular Meeting Minutes – May 14, 2018 The Fire Department reports that during the month of April, the Department responded to 15 General Alarms, 20 Still Alarms, 22 Investigations, 48 Medical for a total of 105 calls. Tonight the fire department is training with the Florham Park Volunteer Fire Department at our headquarters on the topic of rope rescue and rigging operations. On Sunday morning, May 20 th, our Fire Department will participate in a “Water Movement Drill” hosted by the New Vernon Volunteer Fire Department. New Vernon does not having a municipal hydrant system in most areas of their town. Water must be brought to the scene of a fire. Many area departments will be working together in an attempt to flow 1000gpm for 20-30 minutes using tenders, dump tanks and drafting ponds to refill the tenders in a water shuttle operation. Madison Tower 1, along with 5 firefighters will be participating in this Sunday drill. Community Affairs Ms. Byrne, Chair of the Committee, made the following comments: Recreation little league and softball seasons are well under way. The Senior Center renovation is progressing nicely with new windows and flooring recently installed. Many thanks to the many May Day volunteers. The Farmers’ Market will begin on May 31st from 2:00p.m. to 7:00 p.m. and continue each Thursday until the end of October. Frequent Shopper cards for the Farmers’ Market will again be available. Utilities Mr. Hoover, Chair of the Committee, made the following comments: Mr. Hoover noted emergency repairs on Spring Garden Drive and inspections of Well D, with reports pending. Mr. Hoover also noted that the Electric Department continues work on the lighting project along Kings Road from Green Avenue to the Madison Bike Shop. The department will go back and wire up all light piers, and set all post lights and light fixtures. The Kings Road. substation stairs improvements will begin in the next week and half of the crew is still working on storm repair work (replacing poles and transferring services) on Highview Avenue and Hillcrest Road. COMMUNICATIONS AND PETITIONS The Borough Clerk announced receipt of the following communications: Email dated April 23, 2018, from Kathy Dailey, West End Avenue, regarding proposed Ordinance 26-2018. INVITATION FOR DISCUSSION (1 of 2) Acting Mayor Rowe opened the meeting to the public for their opportunity to ask questions and make comments on those items listed on the Agenda only. Mayor asked that, upon recognition by the Chair, the person shall proceed to the lectern and give his/her name and address in an audible tone of voice, and print the same on the sheet provided for the record. He/she shall limit his/her statement to three (3) minutes or less. Since no member of the public wished to be heard, the invitation for discussion was closed. AGENDA DISCUSSIONS 05/14/2018-1 2018 DOWNTOWN FARMERS’ MARKET Director of Business Development Lisa Ellis provided an update on the 2018 Farmer’s Market, noting Drew University and Gary’s Wine and Marketplace as sponsors once again. The location and times for this year’s market will again be PAGE 6 OF 29 Regular Meeting Minutes – May 14, 2018 Thursdays from 2:00 to7:00 p.m. Many new vendors will be presenting fresh market items. Resolution 164-2018 listed on the Consent Agenda. ADVERTISED HEARINGS The Clerk made the following statement: Ordinances scheduled for hearing tonight were submitted in writing at a Regular meeting of the Mayor and Council held on April 23, 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. Acting Mayor Rowe called up Ordinances for second reading and asked the Clerk to read said ordinances by title: ORDINANCE 25-2018 ORDINANCE OF THE BOROUGH OF MADISON APPROPRIATING $50,000.00 FROM THE GENERAL CAPITAL IMPROVEMENT FUND FOR THE HARTLEY DODGE MEMORIAL UNDERGROUND STORAGE TANK SITE REMEDIATION COMPLIANCE WHEREAS, the Borough Engineer has recommended that the Borough appropriate $50,000.00 from the General Capital Improvement Fund for Hartley Dodge Memorial Underground Storage Tank Site Remediation Compliance; 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 $50,000.00 for this purpose; and WHEREAS, the Borough Council has determined that the Borough should appropriate $50,000.00 from the General Capital Improvement Fund for Hartley Dodge Memorial Underground Storage Tank Site Remediation Compliance. 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 $50,000.00 is hereby appropriated from the General Capital Improvement Fund for Hartley Dodge Memorial Underground Storage Tank Site Remediation Compliance. 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. Acting Mayor Rowe opened up the public hearing on Ordinance 25-2018. Since no member of the public wished to be heard, the public hearing was closed. Mrs. Vitale moved that Ordinance 25-2018, which the Borough Clerk read by title, be finally adopted. Mr. Wolkowitz seconded the motion. There was no Council discussion, and the motion passed with the following roll call vote recorded: PAGE 7 OF 29 Regular Meeting Minutes – May 14, 2018 Yeas: Mrs. Vitale, Mr. Wolkowitz, Mr. Rowe, Ms. Byrne, Mr. Hoover Nays: None Absent: Ms. Baillie Acting Mayor Rowe declared Ordinance 25-2018 adopted and finally passed and asked the Clerk to publish notice thereof in the newspaper and file the ordinance in accordance with the law. ORDINANCE 26-2018 ORDINANCE OF THE BOROUGH OF MADISON AMENDING CHAPTER 195 LAND DEVELOPMENT ORDINANCE FOR THE BOROUGH WHEREAS, Mayor and Council having determined that it would be appropriate to undertake certain amendments to Chapter 195 of the Borough Code regarding Land Development Regulations and Requirements; and WHEREAS, the Mayor and Council having referred the proposed amendment to the Planning Board for the Borough of Madison for the Planning Board to determine whether the proposed revisions and amendments are inconsistent with the Master Plan and to obtain any recommendations regarding such inconsistencies if any are found, and for such other recommendations as the Planning Board may deem appropriate; and WHEREAS, the Planning Board for the Borough of Madison having issued a resolution and returned same to the Mayor and Council being the report of the Planning Board pursuant to N.J.S.A. 40:55D-26(a) that the Planning Board specifically finds such proposed amendments and revisions to be fully consistent with the goals and purposes of the Master Plan for the Borough of Madison, with the recommendation of the Planning Board that Mayor and Council now favorably consider and enact the amendments and revisions referred to the Planning Board by Mayor and Council; and NOW, THEREFORE, BE IT ORDAINED by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, as follows: SECTION 1: Chapter 195 of the Madison Borough Code regarding Land Development is hereby amended as follows: Section 195-7 GRADE A reference plane representing the average of ground levels/elevations in a given area. In the case of grade adjoining a structure at exterior walls, the reference plane shall be established by: the lowest points within the area between the structure and PAGE 8 OF 29 Regular Meeting Minutes – May 14, 2018 the property line as determined by perpendicular offset from the structure wall; or, where the property line is more than 10 feet perpendicular from the structure, then the lowest points between the structure and within 10 feet; or, where a public road exists within 50 feet of the structure, the lowest points will include the pavement level of the public road. Ground levels are to be averaged at no more than 10-foot intervals, and include all building corners or a perpendicular distance therefrom. Section 195-30B No building or structure shall be erected, restructured, or structurally altered to exceed in height the limit designated in the district in which such building or structure is located. Section 195-32 A. Purpose. The purpose of these zones is to preserve the integrity of existing residential areas by preventing the intrusion of nonresidential uses into residential neighborhoods and by maintaining existing development intensity, character, and population density, consistent with residential neighborhood patterns. B. Principal permitted uses. (1) Single-family detached dwellings. (2) Public parks and playgrounds. (3) Two-family dwellings (only in R-4 Residential Zone). C. Accessory uses. (1) Uses which are customarily incidental and accessory to the principal use as permitted herein, including home occupations. D. Conditional uses. (1) Assisted-living residences. (2) Long-term care facilities. (3) Institutional uses. (4) Home occupations. E. Supplemental Bulk and Design Regulations. (1) In no event shall the maximum height for detached single- or two- family dwellings, as measured to the highest point of the ridgeline of a roof, exceed 40 feet, measured from any point around the building. (2) In the R-1 and R-2 Districts, the minimum side yard setback shall be 20 feet for one-story buildings up to 18 feet in height. The minimum side yard setbacks for a second story, or any building component greater than 18 feet in height, shall be increased by a combined 5 feet across both side yards or at least 2.5 feet if an addition affects one side yard. PAGE 9 OF 29 Regular Meeting Minutes – May 14, 2018 (3) Attached garages: (a) Attached garages facing and opening onto a public street shall be prohibited in the R-1 and R-2 Residential Zone Districts. (b) Attached garages facing and/or opening onto a public street shall be limited to 14 feet in width for single-family homes in the R-3 and R-4 Districts. (c) Not more than 3 attached residential garage spaces shall be permitted in the R-1 or R-2 Districts, and no more than 2 attached garage spaces shall be permitted per lot in the R-3 and R-4 Districts. (d) Garages facing and opening onto a public street shall be set back a minimum of an additional five feet from the front building line for any garage greater than 12 feet in width, and a minimum of three feet for any garage that is12 feet in width or less, unless an unenclosed front porch of at least five (5) feet in depth is proposed for the balance of the front façade. (4) Where more than one single or two-family home is proposed, building plans and elevations shall show a variation in design to be achieved by types of roofs, heights of eaves and peaks, building materials, and architectural treatment of the building façades. Section 195 – Attachment 1 Add new Row at End of 195 Attachment I Table, for Gateway Zone with “Gateway Zone” text added to the column entitled Zone, and the following text added across the remaining columns (combined column) that reads “See 195-32.13.” Add Note r. (Note re: codification: Notation “r” to be added to Schedule I in Zone Column for R-1, R-2, R-3, R-4 Single-Family and R-4 Two-Family): r. See 195-32E for additional setback, height, and design requirements. SECTION 2: This Ordinance shall take effect upon adoption. Acting Mayor Rowe opened up the public hearing on Ordinance 25-2018. Kathy Daily; West End Avenue, asked if Council member had received an email sent May 2, 2018 regarding Ordinance 26-2018. Since no other members of the public wished to be heard, the public hearing was closed. Mrs. Vitale moved that Ordinance 25-2018 be adjourned to the Council meeting on May 30, 2018. Ms. Byrne seconded the motion. There was no further Council discussion, and the motion to adjourn passed with the following roll call vote recorded: PAGE 10 OF 29 Regular Meeting Minutes – May 14, 2018 Yeas: Mrs. Vitale, Mr. Wolkowitz, Mr. Rowe, Ms. Byrne, Mr. Hoover Nays: None Absent: Ms. Baillie Acting Mayor Rowe declared Ordinance 26-2018 adjourned to the meeting of May 30, 2018 and asked the Clerk to publish notice thereof in the newspaper. ORDINANCE 27-2018 ORDINANCE OF THE BOROUGH OF MADISON AMENDING CHAPTER 185-32 OF THE BOROUGH CODE TO INCLUDE TIME LIMIT RESTRICTIONS FOR PARKING ON JOHN AVENUE WHEREAS, the Madison Borough Police Department, due to public safety concerns, has recommended that Chapter 185-32 of the Borough Code be amended to limit parking time on the road listed below: WHEREAS, the Borough Council has determined that Chapter 185-32 of the Madison Borough Code entitled “Schedule IV: Time Limit Parking” should be amended in order implement these changes; NOW, THEREFORE, BE IT RESOLVED, by the Council of the Borough of Madison, County of Morris, State of New Jersey as follows: Section 1: Section 185-32 of the Code of the Borough of Madison entitled “Schedule IV: Time Limit Parking” shall be amended as follows: Name of Street Side Time Limit Location John Avenue Both 2 hours Entire Length SECTION 2: This Ordinance shall take effect as provided by law. Acting Mayor Rowe opened up the public hearing on Ordinance 27-2018. Since no member of the public wished to be heard, the public hearing was closed. Mr. Wolkowitz moved that Ordinance 27-2018, which the Borough Clerk 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, Mr. Wolkowitz, Mr. Rowe, Ms. Byrne, Mr. Hoover Nays: None Absent: Ms. Baillie Acting Mayor Rowe declared Ordinance 27-2018 adopted and finally passed and asked the Clerk to publish notice thereof in the newspaper and file the ordinance in accordance with the law. PAGE 11 OF 29 Regular Meeting Minutes – May 14, 2018 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. Jesse Esposito, Community Place, noted her repeated requests for action regarding parking on Community Place and would like to see restrictions or limits. 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 Wednesday, May 30, 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. Acting Mayor Rowe called up Ordinances for first reading and asked the Clerk to read said ordinance by title: ORDINANCE 28-2018 ORDINANCE OF THE BOROUGH OF MADISON APPROPRIATING $42,000.00 FROM GENERAL CAPITAL IMPROVEMENT FUND FOR THE PURCHASE OF FIREFIGHTING PROTECTIVE CLOTHING, HARNESSES AND RIGGING EQUIPMENT FOR THE FIRE DEPARTMENT WHEREAS, the Fire Chief has recommended that the Borough appropriate $42,000.00 from the General Capital Improvement Fund for the purchase of firefighting protective clothing, harnesses and rigging equipment for the Fire Department; 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 $42,000.00 from the General Capital Improvement Fund for the purchase of firefighting protective clothing, harnesses and rigging equipment for the Fire Department; and NOW, THEREFORE, BE IT ORDAINED by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, as follows: SECTION 1: The amount of $42,000.00 is hereby appropriated from the General Capital Improvement Fund for the purchase of firefighting protective clothing, harnesses and rigging equipment for the Fire Department. SECTION 2: The budget of the Borough is hereby amended to conform with the provisions of this Ordinance. PAGE 12 OF 29 Regular Meeting Minutes – May 14, 2018 SECTION 3: This Ordinance shall take effect as provided by law. Mr. Wolkowitz moved that Ordinance 28-2018, 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: Mrs. Vitale, Mr. Wolkowitz, Mr. Rowe, Ms. Byrne, Mr. Hoover Nays: None Absent: Ms. Baillie ORDINANCE 29-2018 ORDINANCE OF THE BOROUGH OF MADISON APPROPRIATING $ 43,000.00 FROM THE GENERAL CAPITAL IMPROVEMENT FUND FOR THE PURCHASE OF A NEW PUMPER IN THE YEAR 2020. WHEREAS, the Fire Chief has recommended that the Borough appropriate $43,000.00 from the General Capital Improvement Fund towards the purchase of a new Pumper in 2020 for the Fire Department; 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 $43,000.00 from the General Capital Improvement Fund towards the purchase of a new Pumper in 2020 for the Fire Department. 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 $43,000.00 is hereby appropriated from the General Capital Improvement Fund for the purchase of a new Pumper in 2020 for the Fire Department. SECTION 2: The budget of the Borough is hereby amended to conform with the provisions of this Ordinance. SECTION 3: This Ordinance shall take effect as provided by law. Mr. Wolkowitz moved that Ordinance 29-2018, 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: Mrs. Vitale, Mr. Wolkowitz, Mr. Rowe, Ms. Byrne, Mr. Hoover Nays: None Absent: Ms. Baillie ORDINANCE 30-2018 ORDINANCE OF THE BOROUGH OF MADISON APPROPRIATING $50,000.00 FROM GENERAL CAPITAL IMPROVEMENT FUND FOR THE PURCHASE OF A NEW VEHICLE PAGE 13 OF 29 Regular Meeting Minutes – May 14, 2018 WHEREAS, the Fire Chief has recommended that the Borough appropriate $50,000.00 from the General Capital Improvement Fund for the purchase of a new Vehicle for the Fire Department; 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 $50,000.00 from the General Capital Improvement Fund for the purchase of a new Vehicle for the Fire Department. 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 $50,000.00 is hereby appropriated from the General Capital Improvement Fund for the purchase of a new Vehicle for the Fire Department. SECTION 2: The budget of the Borough is hereby amended to conform with the provisions of this Ordinance. SECTION 3: This Ordinance shall take effect as provided by law. Mr. Wolkowitz moved that Ordinance 30-2018, 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: Mrs. Vitale, Mr. Wolkowitz, Mr. Rowe, Ms. Byrne, Mr. Hoover Nays: None Absent: Ms. Baillie ORDINANCE 31-2018 ORDINANCE OF THE BOROUGH OF MADISON APPROPRIATING $100,000.00 FROM GENERAL CAPITAL IMPROVEMENT FUND FOR THE PURCHASE OF RADIO EQUIPMENT WHEREAS, the Fire Chief has recommended that the Borough appropriate $100,000.00 from the General Capital Improvement Fund for the purchase of radio equipment for the Fire Department; 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 $100,000.00 from the General Capital Improvement Fund for the purchase of radio equipment for the Fire Department. NOW, THEREFORE, BE IT ORDAINED by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, as follows: PAGE 14 OF 29 Regular Meeting Minutes – May 14, 2018 SECTION 1: The amount of $100,000.00 is hereby appropriated from the General Capital Improvement Fund for the purchase of radio equipment for the Fire Department. SECTION 2: The budget of the Borough is hereby amended to conform with the provisions of this Ordinance. SECTION 3: This Ordinance shall take effect as provided by law. Mr. Wolkowitz moved that Ordinance 31-2018, 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: Mrs. Vitale, Mr. Wolkowitz, Mr. Rowe, Ms. Byrne, Mr. Hoover Nays: None Absent: Ms. Baillie ORDINANCE 32-2018 ORDINANCE OF THE BOROUGH OF MADISON APPROPRIATING $125,000.00 FROM THE ELECTRIC CAPITAL IMPROVEMENT FUND FOR THE PURCHASE OF PRIMARY VOLTAGE COPPER CABLE FOR THE KINGS ROAD FEEDER LINES UP TO GREEN VILLAGE ROAD AND FOR THE WAVERLY PLACE UPGRADE HEREAS, the Electric Utility Superintendent has recommended that the Borough appropriate $125,000.00 from the Electric Capital Improvement Fund for the purchase of primary voltage copper cable for the Kings Road feeder lines up to Green Village Road and for the Waverly Place upgrade; and WHEREAS, the funds are available in the Electric 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 $125,000.00 from the Electric Capital Improvement Fund for the purchase of primary voltage copper cable for the Kings Road feeder lines up to Green Village Road and for the Waverly Place upgrade. 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 $125,000.00 is hereby appropriated from the Electric Capital Improvement Fund for the purchase of primary voltage copper cable for the Kings Road feeder lines up to Green Village Road and for the Waverly Place upgrade. 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 15 OF 29 Regular Meeting Minutes – May 14, 2018 Mr. Hoover moved that Ordinance 32-2018, 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, Mr. Wolkowitz, Mr. Rowe, Ms. Byrne, Mr. Hoover Nays: None Absent: Ms. Baillie ORDINANCE 33-2018 ORDINANCE OF THE BOROUGH OF MADISON APPROPRIATING $200,000.00 FROM THE AFFORDABLE HOUSING TRUST FUND FOR THE PURCHASE OF ONE HALF OF A TWO FAMILY CONDOMINIUM UNIT AT THE MILLENNIUM DEVELOPMENT, 10 DIVISION AVENUE WHEREAS, the Borough Administrator has recommended that the Borough appropriate $200,000.00 from the Affordable Housing Trust Fund (AHTF) for the purchase of one half of the two family condominium unit located at the Millennium Development at Division and Kings Road; and WHEREAS, funds are available in the Affordable Housing Trust 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 $200,000.00 from the Affordable Housing Trust Fund for the purchase of one half of the two family condominium unit located at the Millennium Development at Division and Kings Road; and WHEREAS, the condominium unit shall be eligible for COAH credits; and WHEREAS, the property will be Deed-restricted for a minimum period of thirty (30) years for affordable housing with the Borough having the option to require the extension of the restriction period after thirty (30 years; and WHEREAS, the AHTF funds will be advanced to facilitate the eventual purchase of the affordable condominium unit by a low or moderate income purchaser from the Borough with the sale proceeds being returned to the AHRF. 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 $200,000.00 is hereby appropriated from the Affordable Housing Trust Fund for the purchase of one half of the two family condominium unit located at the Millennium Development at Division and Kings Road and the resale of the unit to a low or moderate income buyer is herby authorized.. 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 16 OF 29 Regular Meeting Minutes – May 14, 2018 Mr. Hoover moved that Ordinance 33-2018, 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, Mr. Wolkowitz, Mr. Rowe, Ms. Byrne, Mr. Hoover Nays: None Absent: Ms. Baillie CONSENT AGENDA RESOLUTIONS The Clerk made the following statement: Consent Agenda Resolutions will be enacted with a single motion; any Resolution requiring expenditure is supported by a Certification of Availability of Funds; any Resolution requiring discussion will be removed from the Consent Agenda; all Resolutions will be reflected in full in the minutes. Mrs. Vitale moved adoption of the Resolutions listed on the Consent Agenda. Mr. Wolkowitz seconded the motion. There was no Council discussion and the motion passed with the following roll call vote recorded: Yeas: Mrs. Vitale, Mr. Wolkowitz, Mr. Rowe, Ms. Byrne, Mr. Hoover Nays: None Absent: Ms. Baillie R 151-2018 RESOLUTION OF THE BOROUGH OF MADISON REGARDING TERMINATION OF CONTRACT WITH AMERICAN POWERNET WHEREAS, the Borough of Madison has previously executed a contract with American Powernet; and WHEREAS, many members of the Public Power Association of New Jersey (PPANJ) and the New Jersey Public Power Authority (NJPPA) have agreed to terminate their contracts with American Powernet to provide energy management services; and WHEREAS, the energy management services can now be provided to the Borough of Madison by the new Executive Director of PPANJ/NJPPA at an annual cost savings of $48,000.00. NOW, THEREFORE, BE IT RESOLVED, that the Council of the Borough of Madison, in the County of Morris and State of New Jersey, authorizes terminating its contract with American PowerNet, effective with the terms of the agreement. R 152-2018 RESOLUTION OF THE BOROUGH OF MADISON AWARDING PROFESSIONAL SERVICES CONTRACT TO MOTT MACDONALD FOR POST REMEDIATION MONITORING AND COMPLIANCE AT THE HARTLEY DODGE MEMORIAL IN THE AMOUNT OF $35,400.00 WHEREAS, the Borough Engineer has recommended supplemental post remediation monitoring and NJDEP compliance as part of the remediation excavation and environmental work at the Hartley Dodge Memorial; and PAGE 17 OF 29 Regular Meeting Minutes – May 14, 2018 WHEREAS, said services would constitute professional services for which a contract may be awarded without the need of competitive bidding pursuant to N.J.S.A. 40A:11-5; and WHEREAS, the Qualified Purchasing Agent has determined and certified in writing that the cost of those services will exceed $17,500.00; and WHEREAS, the Borough Administrator has recommended that the Borough Council award a Contract to Mott MacDonald in an amount not to exceed $35,400.00, for post remediation monitoring and NJDEP compliance; and WHEREAS, Mott MacDonald, has submitted to the Borough Purchasing Agent the required documents to satisfy the requirements of N.J.S.A. 19:44A-20.5, since this matter may be awarded without competitive bidding; and WHEREAS, Mott MacDonald has completed and submitted a Business Entity Disclosure Certification which certifies that Mott MacDonald has not made any reportable contributions to a political or candidate committee in the Borough of Madison in the previous one year, and that the contract will prohibit Mott MacDonald from making any reportable contributions through the term of the contract; and WHEREAS, funds are available in Ordinance 25-2018, 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 Mayor and Borough Clerk are hereby authorized to execute, on behalf of the Borough, a professional service contract for professional services with Mott MacDonald for supplemental post remediation monitoring and NJDEP compliance in an amount not to exceed $35,400.00, such contract to be in a form approved by the Borough Attorney. 2. The Business Disclosure Entity Certification, Political Contribution Disclosure Form and the Determination of Value shall be placed on file with this resolution. 3. The Borough Clerk is hereby directed to publish notice of the adoption of this resolution in the official newspaper of the Borough of Madison within ten (10) days of its adoption pursuant to N.J.S.A. 40A:11-5. PAGE 18 OF 29 Regular Meeting Minutes – May 14, 2018 R 153-2018 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING MEMBERSHIP WITH THE NEW JERSEY CASH MANAGEMENT FUND WHEREAS, the State of New Jersey manages and maintains a cash management fund, the State of Jersey Cash Management Fund, hereafter referred to as the “FUND”, established by N.J.A.C. 17:16-61.1,; and WHEREAS, the FUND was approved to become operational by the Department of the Treasury, for the investment of pension funds; and WHEREAS, the governing body of the Borough of Madison, hereafter referred to as the “Borough of Madison” has determined that the membership in the FUND is in the best interest of the Borough of Madison NOW, THEREFORE, BE IT RESOLVED, by the Council of the Borough of Madison in the County of Morris in the State of New Jersey as follows: 1. The Council hereby designates participation in the State of New Jersey Cash Management Fund as a legal depository for excess funds in the following Borough Accounts: Provident Bank: Current Fund acct 0950, Water & Elec Fund acct 1008, Water Capital acct 0976, Electric Capital acct 0992, General Capital acct 1024 , Open Space, acct 0943 Investors Bank: Affordable Housing Trust Fund acct 1089 2. The Chief Financial Officer and the Borough Administrator are hereby designated as the authorized signor(s). 3. The Borough of Madison hereby authorizes the execution of an application for membership and any accompanying certifications. 4. The Resolution shall take effect immediately upon passage. R 154-2018 RESOLUTION OF THE BOROUGH OF MADISON CONFIRMING MEMBERSHIP OF DAVID VACCARELLO IN THE MADISON HOSE COMPANY #1 WHEREAS, the Fire Chief has advised that David Vaccarello was voted into the Madison Hose Company #1 as a volunteer firefighter; and WHEREAS, Section 18-27 of the Madison Borough Code requires that each person so voted shall be confirmed as a member of such division by the Council of the Borough of Madison. NOW, THEREFORE, BE IT RESOLVED by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, that David Vaccarello is hereby confirmed as a member of the Madison Hose Company #1 effective immediately. PAGE 19 OF 29 Regular Meeting Minutes – May 14, 2018 R 155 -2018 RESOLUTION OF THE BOROUGH OF MADISON AMENDING RESOLUTION 106-2018 AUTHORIZING CONTRACT FOR THE PURCHASE OF A TRUCK WITH HOOK LIFT AND ATTACHMENTS THROUGH THE NATIONAL JOINT POWERS ALLIANCE WHEREAS, Resolution 106-2018 awarded a contract to Navistar/Mid- Atlantic Truck Centre, Inc., in an amount not to exceed $199,438.43.00, for the purchase of a truck with Hook Lift and attachments; and WHEREAS, the Qualified Purchasing Agent has noted that the model selected is no long available and recommends a new model at the lower price of $198,891.67; 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 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. Resolution 106-2018 is amended to decrease the contract award amount from $199,438.43 to $198,891.67. 2. The Mayor and Borough Clerk are hereby authorized to execute, on behalf of the Borough, an amended purchase order and contract to Navistar/Mid-Atlantic Truck Centre, Inc., for the purchase of a truck with Hook Lift and attachments, in a form acceptable to the Borough Attorney. R 156-2018 RESOLUTION OF THE BOROUGH OF MADISON SETTING SALARIES FOR FULL-TIME NON-UNION PERSONNEL BE IT RESOLVED by the Council of the Borough of Madison, County of Morris, State of New Jersey, that the following persons be compensated at the proposed annual salary, to be effective January 1, 2018. POSITION AND NAME CURRENT PROPOSED Baratto, Mary Lisa, Joint Municipal Tax $103,404.00 $105,472.00 Assessor Burnet, James, Chief Financial Officer $138,228.00 $140,993.00 Codey, Raymond M., Borough Administrator $169,817.00 $173,213.00 Dachisen, Darren, Police Chief $153,000.00 $156,060.00 DeRosa, Louie E., III, Fire Chief $137,218.00 $139,962.00 O’Brien, Kenneth, Director of Public Works $134,000.00 $136,680.00 Osborne, Elizabeth, Borough Clerk $ 96,873.00 $ 98,811.00 Sanderson, James, Director of Technology $ 89,652.00 $ 91,445.00 Vogel, Robert, Municipal Engineer $139,886.00 $142,684.00 R 157-2018 RESOLUTION OF THE BOROUGH OF MADISON ACCEPTING IRREVOCABLE RETIREMENT OF FIREFIGHTER DAVID CAREY EFFECTIVE AUGUST 9, 2018 PAGE 20 OF 29 Regular Meeting Minutes – May 14, 2018 WHEREAS, David Carey, Firefighter for the Borough of Madison, has advised the Borough in writing of his irrevocable retirement on August 9, 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 irrevocable retirement of David Carey as Firefighter, is hereby acknowledged and accepted with appreciation for his many years of public service. R 158-2018 RESOLUTION OF THE BOROUGH OF MADISON AMENDING RESOLUTION 96-2018 AUTHORIZING ST. BALDRICK’S CHILDREN’S CANCER EVENT AT WAVERLY PLACE ON SUNDAY, JUNE 10, 2018 WHEREAS, Resolution 96-2018 authorized the closing of Waverly Place on Sunday March 25, 2018, for the St. Baldrick’s Children’s Cancer event; and WHEREAS, due to unforeseen circumstances that prompted the cancellation of the event, the program coordinators have requested a change in the date to Sunday June 10, 2018; and WHEREAS, the Borough Council agrees with this request. 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 St. Baldrick’s Children’s Cancer event is hereby authorized for Sunday, June 10, 2018 from noon to 5:00 p.m. subject to compliance with requests from Borough officials. R 159-2018 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING THE PURCHASE OF SERVICES FROM JEN ELECTRIC, INC. OF SPRINGFIELD, NEW JERSEY UNDER THE MORRIS COUNTY COOPERATIVE PRICING COUNCIL FOR THE WOODLAND-GREEN VILLAGE ROAD FLASHER TRAFFIC SIGNAL IMPROVEMENTS WHEREAS, the Borough of Madison desires to purchase services for traffic signal improvements from an authorized vendor under the Morris County Cooperative Pricing Council; and WHEREAS, the purchase of goods and services through pre-bid State and 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, JEN Electric, Inc., of Springfield, New Jersey has been awarded Morris County Cooperative Bid Contracts; and WHEREAS, the Borough Engineer has recommended that the Borough Council utilize these contracts for traffic signal improvements in the total amount not to exceed $26,766.60; and PAGE 21 OF 29 Regular Meeting Minutes – May 14, 2018 WHEREAS, funds are available in Operating Account 8-01-20-165-215 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 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, that the purchase of services for traffic signal improvement from JEN Electric, Inc., at a total price not to exceed $26,766.60 are hereby approved under the Morris County Cooperative Pricing Council and the Mayor and Borough Clerk are hereby authorized and directed on behalf of the Borough to execute a purchase order and contract with JEN Electric, Inc. for the traffic signal improvements, at a total price not to exceed $26,766.60, in a form acceptable to the Borough Attorney. R 160-2018 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING AN AGREEMENT FOR AN EMPLOYEE ASSISTANCE PROGRAM WITH ATLANTIC HEALTH SYSTEM WHEREAS, the Borough of Madison wishes to contract with Atlantic Health System for an Employee Assistance Program (EAP) as hereinafter set forth, in consideration of payment as hereinafter provided,; and WHEREAS, the Borough Council has determined to approve an agreement with Atlantic Health System for an Employee Assistance Program (EAP); and NOW, THEREFORE, BE IT RESOLVED by the Council of the Borough of Madison County of Morris, State of New Jersey, that the Mayor and Borough Clerk are hereby authorized to execute a contract for an Employee Assistance Program (EAP) with Atlantic Health System, in a form approved by the Borough Attorney. R 161-2018 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING A SPECIAL EVENT PERMIT TO ALLOW THE USE OF PUBLIC PARKING LOT NUMBER ONE BY THE ROTARY CLUB OF MADISON FOR A PUBLIC SHREDDING EVENT ON MAY 19, 2018 WHEREAS, the Rotary Club of Madison has requested permission to use public parking lot number one on Saturday, May 19, 2018, between the hours of 9:00 a.m. and 12:00 p.m. for a public shredding event; and PAGE 22 OF 29 Regular Meeting Minutes – May 14, 2018 WHEREAS, the Rotary Club of Madison has also requested permission to put up temporary signs advertising the event May 14, 2018 through May 19, 2018; and WHEREAS, the Borough Administrator has recommended that such permission be granted; and WHEREAS, the Rotary Club has submitted a Special Event Permit Application to the Borough as well as a Certificate of Liability Insurance naming the Borough of Madison as an additional insured; 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 Rotary Club of Madison is hereby given permission to hold a public shredding event at Madison public parking lot number one, on May 19, 2018, between the hours of 9:00 a.m. and 12:00 p.m. subject to such safety requirements as may be directed by the Madison Police Department and/or Fire Department and to place signs advertising the event May 14, 2018 through May 19, 2018. R 162-2018 RESOLUTION OF THE BOROUGH OF MADISON APPROVING RAFFLES LICENSE APPLICATION SUBMITTED BY THE ROTARY CLUB OF MADISON 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: ROTARY CLUB OF MADISON I.D. No. 274-8-20538 R.A. No. 1440 – Off Premise 50/50 December 13, 2018 R 163-2018 GRANT AGREEMENT BETWEEN BOROUGH OF MADISON AND THE STATE OF NEW JERSEY BY AND FOR THE DEPARTMENT OF ENVIRONMENTAL PROTECTION GRANT IDENTIFIER: FS18-004 GOVERNING BODY RESOLUTION WHEREAS, the Governing Body of the Borough of Madison in the County of Morris and State of New Jersey (Grantee) desires to further the public interest by obtaining a grant from the State of New Jersey in the amount of $3,000 to fund the following project: NJFS Urban and Community Forestry Program Green Communities Grant. PAGE 23 OF 29 Regular Meeting Minutes – May 14, 2018 NOW, THEREFORE, BE IT RESOLVED by the Borough of Madison in the County of Morris and State of New Jersey that James E. Burnet, his designee or the successor to the office of Chief Financial Officer is authorized (a) to make application for such a grant, (b) if awarded, to execute a grant agreement with the State for a grant in the amount not less than $0.00 and not more than $3,000.00 and (c) to execute any amendments thereto which do not increase the Grantee’s obligation; and The Governing Body of the Borough of Madison authorizes and hereby agrees to match 50% of the Total Project Amount, in compliance with the match requirements of the agreement. The availability of the match for such purposes, whether cash, services, or property, is hereby certified. Ninety three per cent (93%) of the match will be made up of in-kind services (if allowed by grant program requirements and the agreement)* BE IT FURTHER RESOLVED that the Grantee agrees to comply with all applicable federal, State and municipal laws, rules and regulations in its performance pursuant to the agreement. R 164-2018 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING THE FARMERS' MARKET FOR 2018 WHEREAS, the Downtown Development Commission has recommended to the Borough Council that the Farmers' Market be continued in the Borough of Madison to be held on Central Avenue between Main Street and Cook Avenue from Thursday, May 31, 2018 to October 25, 2018; and WHEREAS, the Borough Council recognizes that the Farmers' Market has been a welcome addition to the Borough in that it creates another community event which has been successfully run in the past; WHEREAS, the Borough Council finds that it is a benefit to the Borough of Madison and its citizens to allow the continued operation of the Farmers' Market. NOW, THEREFORE, BE IT RESOLVED by the Council of the Borough of Madison County of Morris, State of New Jersey, as follows: 1. A Farmers' Market is authorized to be conducted on Central Avenue between Main Street and Cook Avenue from Thursday, May 31, 2018 to October 25, 2018. 2. The Farmers' Market shall be conducted in accordance with the 1993 "Guidelines for Madison's Farmers' Market", as amended, as well as the Madison Farmers’ Market Regulations and By Laws, subject to the dates and times and other PAGE 24 OF 29 Regular Meeting Minutes – May 14, 2018 conditions set forth in this resolution. Farmers shall be allowed to sell agricultural products that are produced and sold on their farms, including eggs, pork, wheat flour and baked goods and the sale of field-grown and cut field flowers; however, the sale of potted plants, shrubbery or other landscaping products shall not be permitted. 4. The requirements of the Peddling and Soliciting Ordinance (Chapter 139 of the Madison Borough Code) shall not apply to the Farmers' Market as authorized by Chapter 139-13(c). 5. The requirements of the Sign Ordinance (Chapter 195 of the Madison Borough Code) shall not apply to the extent that the Farmers' Market shall be permitted to have signs as utilized in previous years; 6. The requirements of the Parking Ordinance (Chapter 195 of the Madison Borough Code) shall not apply to the extent that there shall be two (2) hour parking during market hours in areas denoted as one hour parking; 7. The requirements of the Sidewalk and Outside Dining Ordinance (Chapter 195 of the Madison Borough Code) shall not apply to the extent that merchants shall be allowed to have additional tables and displays on the sidewalks during market hours. R 165-2018 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING EXECUTION OF AGREEMENTS WITH PROPERTY OWNERS AND MERCHANTS FOR LIVE STREAM CAMERA ACCESS WHEREAS, the Borough of Madison Police Department wishes to access live stream cameras offered by property owners and merchants throughout the Borough; and WHEREAS, the Borough must enter into agreements with such property owners and merchants for access to live stream cameras; and WHEREAS, such agreements will allow the Police Department to access merchant’s surveillance videos that capture public spaces to assist their law enforcement efforts. NOW THEREFORE BE IT RESOLVED, by the Council of the Borough of Madison, in the County of Morris in the State of New Jersey that the Mayor and Borough Clerk are hereby authorized to execute the above noted agreements pending final approval of terms by the Borough’s Legal Counsel. R 166-2018 RESOLUTION OF THE BOROUGH OF MADISON APPROVING BINGO LICENSE APPLICATION SUBMITTED BY MADISON VOLUNTEER AMBULANCE CORPS INC. PAGE 25 OF 29 Regular Meeting Minutes – May 14, 2018 BE IT RESOLVED by the Council of the Borough of Madison, County of Morris, State of New Jersey, that the following application for Bingo License, to be held as listed below, be and the same is hereby approved: MADISON VOLUNTEER AMBULANCE CORPS I.D. No. 274-10-31453 B.A. No. 72 June 1, 2018 R 167-2018 RESOLUTION OF THE BOROUGH OF MADISON APPROVING RAFFLES LICENSE APPLICATION SUBMITTED BY PTO TOREY J. SABATINI SCHOOL BE IT RESOLVED by the Council of the Borough of Madison, County of Morris, State of New Jersey, that the following application for Raffles License, to be held as listed below, be and the same is hereby approved: PTO TOREY J. SABATINI SCHOOL I.D. No. 274-5-33160 R.A. No. 1441 – On premise merchandise June 1, 2018 June 8, 2018 (rain date) R 168-2018 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING AN EMERGENCY WATER SUPPLY AGREEMENT WITH SOUTHEAST MORRIS MUNICIPAL UTILITIES AUTHORITY WHEREAS, the Borough of Madison owns and operates a municipal water supply distribution system to provide water and water services to customers within the boundaries of Madison; and WHEREAS, Southeast Morris County Municipal Utilities Authority (SMCMUA) owns and operates a water supply system proving potable water and water services to neighboring municipalities; and WHEREAS, the parties wish to enter into an Emergency Water Supply agreement to provide and sell certain amounts of water to each other on an emergency basis. NOW, THEREFORE, BE IT RESOLVED by the Borough Council of the Borough of Madison in the County of Morris and State of New Jersey, that the Mayor and Borough Clerk are hereby authorized, on behalf of the Borough, to execute an emergency water supply agreement with the SMCMUA. R 169-2018 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING CONTRACT WITH CAMPBELL FOUNDRY, INC. FOR SEWER AND DRAINAGE IMPROVEMENTS THROUGH THE MORRIS COUNTY CO-OPERATIVE PRICING COUNCIL PAGE 26 OF 29 Regular Meeting Minutes – May 14, 2018 WHEREAS, the Borough of Madison desires to enter into a contract for sewer and drainage equipment and materials from an authorized vendor under the Morris County Co-Operative Pricing Council program; and WHEREAS, the purchase of goods and services by local contracting units is authorized by the Local Public Contracts Law, N.J.S.A. 40A:11-10, et seq.; and WHEREAS, Campbell Foundry, Inc., of Harrison, New Jersey has been awarded Morris County Co-Operative Pricing Council contract #14 Catch Basin & Manhole Castings; and WHEREAS, the Borough Engineer has recommended that the Borough Council utilize this contract for catch basin and manhole castings in an amount not to exceed $28,010.00; and WHEREAS, the Chief Financial Officer has attested that funds will be available in an amount not to exceed $28,010.00 for this purpose in Ordinance 2- 2018. 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 catch basin and manhole castings from Campbell Foundry, Inc., of Harrison, New Jersey, at a total price not to exceed $28,010.00 is hereby approved under the Morris County Co-Operative Pricing Council contract #14 Catch Basin & Manhole Castings. 2. The Mayor and Borough Clerk are hereby authorized and directed on behalf of the Borough to execute a purchase order and contract to Campbell Foundry, Inc., of Harrison, New Jersey, for catch basin and manhole castings at a total price not to exceed $28,010.00, in a form acceptable to the Borough Attorney. R 170-2018 RESOLUTION OF THE BOROUGH OF MADISON RATIFYING APPOINTMENT OF SUMMER INTERNS WHEREAS, the Purchasing/Personnel Officer has recommended appointment of Summer Interns for Borough departments as follows: Name Department Rate of Pay Bruce Czachor Nature Nuts Counselor $12.00/hour Michael Cox IT Department $12.00/hour PAGE 27 OF 29 Regular Meeting Minutes – May 14, 2018 WHEREAS, the Borough Council agrees with these recommendations. NOW, THEREFORE, BE IT RESOLVED, by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, that the Summer Interns set forth herein are hereby appointed at the listed rates effective immediately. R 171-2018 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING THE MICHAEL J. FOX FOUNDATION FOR PARKINSON’S RESEARCH TO HOLD A BICYCLE RIDE AT DREW UNIVERSITY ON SATURDAY, JUNE 16, 2018 WHEREAS, Michael J. Fox Foundation for Parkinson’s Research has requested permission to use portions of Madison Avenue in connection with a benefit bicycle ride at Drew University; and WHEREAS, the Police Chief recommends approval of this request; and WHEREAS, Michael J. Fox Foundation for Parkinson’s Research 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 Michael J. Fox Foundation for Parkinson’s Research is hereby granted permission to use portions of Madison Avenue in connection with the bicycle ride to be conducted on Saturday, June 16, 2018, between the hours of 7:00 a.m. and 4:00 p.m. subject to the condition that Michael J. Fox Foundation for Parkinson’s Research reimburse the Madison Police Department for all expenses incurred in connection with the monitoring of said race. R 172-2018 RESOLUTION OF THE BOROUGH OF MADISON APPOINTING KYLE MCDERMOTT TO THE POSITION OF POLICE OFFICER WHEREAS, the Madison Borough Chief of Police has recommended that Kyle McDermott be appointed to the position of Police Officer in the Madison Police Department; and WHEREAS, the Madison Borough Council, after due consideration, has determined to appoint Kyle McDermott to the position of Police Officer in the Madison Police Department. NOW, THEREFORE, BE IT RESOLVED by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, that Kyle McDermott is hereby appointed to the position of Police Officer in the Madison Police Department PAGE 28 OF 29 Regular Meeting Minutes – May 14, 2018 effective upon his satisfactory graduation from the Morris County Police Academy in May 2018, to be compensated in accordance with the Police Benevolent Association Collective Bargaining Agreement. This appointment is subject to all terms and conditions of the attached executed conditional offer of employment dated March 23, 2018. UNFINISHED BUSINESS - None APPROVAL OF VOUCHERS On motion by Mrs. Vitale, seconded by Ms. Byrne 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 $320,340.65 General Capital Fund 69,888.51 Electric Operating Fund 397,988.27 Electric Capital Fund 0.00 Water Operating Fund 28,306.40 Water Capital Fund 286,377.19 Trusts 17,861.72 Total $1,120,762.74 The following roll call vote was recorded approving the aforementioned vouchers: Yeas: Mrs. Vitale, Mr. Wolkowitz, Mr. Rowe, Ms. Byrne, Mr. Hoover Nays: None Absent: Ms. Baillie NEW BUSINESS - None ADJOURN There being no further business to come before the Council, the meeting was adjourned at 8:50 p.m. Respectfully submitted, Elizabeth Osborne Borough Clerk Approved May 30, 2018 (EO) PAGE 29 OF 29