Mayor & Council

MINUTES OF A REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF MADISON June 25, 2018 – 7:30 p.m. CALL TO ORDER The Regular Meeting of the Mayor and Council of the Borough of Madison was held on the 25th day of June, 2018. Acting Mayor Rowe called the meeting to order at 7:30 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: Absent: Mayor Robert H. Conley, excused Council Members: Carmela Vitale Astri J. Baillie Patrick W. Rowe Maureen Byrne John F. Hoover Absent: Benjamin Wolkowitz, excused Also Present: Raymond M. Codey, Borough Administrator James E. Burnet, Assistant Borough Administrator Elizabeth Osborne, Borough Clerk Matthew J. Giacobbe, Esq. Borough Attorney AGENDA REVIEW Acting Mayor Rowe stated that Resolution 202-2018, will be removed from the consent agenda and a presentation on parking will take place at a future Council meeting. 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) May 30, 2018 June 11, 2018 Date of public disclosure 60 days after conclusion, if disclosure required. CONTRACT MATTERS (2) JACOB HENRY PERKINS TRUST FUND MOBILE PARKING PAYMENT SYSTEM Regular Meeting Minutes – June 25, 2018 Date of public disclosure 60 days after conclusion, if disclosure required. Seconded: Mrs. Vitale Vote: Approved by voice vote RECONVENE IN COUNCIL CHAMBER Acting Mayor Rowe reconvened the Regular Meeting at 8:10 p.m. in the Council Chamber with all members present. The Pledge of Allegiance was recited by all. Acting Mayor Rowe asked for a moment of silence for the passing of Mayor Conley’s father, Arthur Conley and Retired Firefighter Stan Godlewski, who served 25 years with the Madison Fire Department. APPROVAL OF MINUTES Ms. Baillie moved approval of the Executive Minutes of May 30, 2018. Ms. Byrne seconded the motion, which passed with the following roll call vote recorded: Yeas: Mrs. Vitale, Ms. Baillie, Mr. Rowe, Ms. Byrne, Mr. Hoover Nays: None Absent: Mr. Wolkowitz Ms. Baillie moved approval of the Regular Meeting Minutes of May 30, 2018. Ms. Byrne seconded the motion, which passed with the following roll call vote recorded: Yeas: Mrs. Vitale, Ms. Baillie, Mr. Rowe, Ms. Byrne, Mr. Hoover Nays: None Absent: Mr. Wolkowitz Ms. Baillie moved approval of the Executive Minutes of June 11, 2018. Ms. Byrne seconded the motion, which passed with the following roll call vote recorded: Yeas: Mrs. Vitale, Ms. Baillie, Mr. Rowe, Ms. Byrne, Mr. Hoover Nays: None Absent: Mr. Wolkowitz Ms. Baillie moved approval of the Regular Meeting Minutes of June 11, 2018. Ms. Byrne seconded the motion, which passed with the following roll call vote recorded: Yeas: Mrs. Vitale, Ms. Baillie, Mr. Rowe, Ms. Byrne, Mr. Hoover Nays: None Absent: Mr. Wolkowitz GREETINGS TO PUBLIC Acting Mayor Rowe welcomed all present. REPORTS OF COMMITTEES Health Mr. Rowe, Chair of the Committee, made the following comments: Recent comprehensive metabolic profile blood test clinics were conducted. There was a good response for the screening held both in Madison and Springfield. With the arrival of hot weather and summer picnics, safe food handling practices are encouraged. Maintaining stable food temperatures will help avoid food borne illnesses that occur more frequently during summer months. The “Madison Walks” walking program was kicked off on June 21st with a walking route that began at the PAGE 2 OF 19 Regular Meeting Minutes – June 25, 2018 Madison Jr. School and concluded at the Farmer’s Market. Participants learned tips to be a “safe and savvy pedestrian” and were given a reflective wristband and reusable grocery bag. Residents are encouraged to increase their physical activity while enjoying the sights of Madison. Public Works and Engineering Mrs. Vitale, Chair of the Committee, made the following comments: The 2018 Road Reconstruction Program continues with new sidewalks on Central Avenue, and drainage improvements on Kensington Road. JoMed Construction has completed Central Avenue sewer replacements, as well as, clean up of Summerhill Park. Midwest Construction began work on storm sewers on Greenwood Avenue and Hamilton Street. PSE&G will follow sewer repairs on Elmer Road with gas main replacements. The Public Works Department crews continue crack sealing repairs, field maintenance, watering of flower baskets along Main Street and delivering mulch to residents. The Mechanics Department completed repairs to the Senior bus. Finance and Borough Clerk Ms. Baillie, Chair of the Committee, made the following comments: Tax bills will be mailed to property owners in July, for tax payments due in August. The Borough does not have a final tax rate due to the delayed State budget, but we do not anticipate sending estimated tax bills. The Finance Department continues an insurance review, which should be completed next month. Public Safety Mr. Wolkowitz, Chair of the Committee, absent. Community Affairs Ms. Byrne, Chair of the Committee, made the following comments: The Madison Community Pool is open for the season in July and August. Due to the hot weather, it is suggested that residents run appliances, such as dishwashers and washing machines in the evening. The Library and Public Safety Complex will be open as cooling centers during the heat wave. A taskforce has been formed, with member of the Recreation Advisory Committee, the Department of Public Works and others interested in assessing the condition of the Borough’s fields. Improvements to the Senior Center are complete, and an open house was held on June 18th. The Farmers’ Market is open each Thursday from 2:00 to 7:00 p.m., through October. The Director of Downtown Development and members of the Madison Police Department will provide a presentation regarding parking at the next meeting of the Council, Monday, July 9, 2018. Utilities Mr. Hoover, Chair of the Committee, made the following comments: June 11th through June 15th Lt. John Miscia attended the Law Enforcement Executive Development Seminar (LEEDS) at Princeton University. Princeton University hosts one of the thirteen FBI-LEEDS regional command colleges. On June 14th the Madison Police and PBA #92 hosted the yearly DARE trip to Mennen Arena. Officer Ryan Dunn graduated from the Maryland State Police motorcycle training course. Officer Dunn received the Top Gun award for being #1 in his class for both academics and skill. Thanks to retired Sergeant Glenn Ostlund from the Millburn Police Department for helping prepare Officer Dunn. The Madison Police and PBA No. 92 presented a $10,000 check to Officer Michael Cerullo of the Morris County Sheriff’s Office for Officer Cerullo’s 11 year old daughter Hannah battling pediatric cancer. The funds were raised during the PBA annual Rose City Roll fundraiser. Reporting for the Madison Fire Department, Mr. Hoover noted that on Saturday June 16th close to 4000 PAGE 3 OF 19 Regular Meeting Minutes – June 25, 2018 feet of 5” fire hose was tested. All Fire Department hoses are required to be annually pressure tested to their original designed and rated pressure. All of the 5” hose passed. The testing was done by a 3rd party company. On Sunday June 24th the Fire Department held a dedication ceremony at the firehouse to dedicate a plaque for former Fire Chief Bill Prentiss. Chief Prentiss passed away in May of 2017. After Bill’s passing, his family graciously donated a 35’ flagpole to the Public Safety Complex in his memory, which was formally dedicated as well. The Electric Department reports a meltdown at Ridgedale Avenue and Park Avenue due to a lighting strike. Service was quickly restored. COMMUNICATIONS AND PETITIONS The Borough Clerk announced receipt of the following communications: Email received June 13, 2018 from Ray Lauletti, Central Avenue, complimenting the work of the contractor regarding the sidewalks on Central Avenue. 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 06/25/2018-1 2017 MUNICIPAL AUDIT AND CORRECTIVE ACTION PLAN Ms. Baillie noted that the Audit Committee met and reviewed the proposed 2017 Audit. Ms. Baillie thanked the Administrators for their efforts. Mr. Burnet stated that the audit is clean, with two minor finding recommending adequate separation of duties and review of payroll accounts. Resolution 198-2018 and R 199-2018 are 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 May 30, 2018 and June 11, 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 34-2018 ORDINANCE OF THE BOROUGH OF MADISON REPLACING ORDINANCE 11-2014, SETTING THE SALARY RANGES FOR NON- UNION FULL-TIME EMPLOYEES WHEREAS, the Borough Council has determined to establish an ordinance setting salary ranges for non-union full-time employees. PAGE 4 OF 19 Regular Meeting Minutes – June 25, 2018 NOW, THEREFORE, BE IT ORDAINED by the Council of the Borough of Madison, County of Morris, State of New Jersey, as follows: Section 1. Ordinance 11-2014 setting the salary ranges for non-union full-time employees is hereby replaced with the following: TITLE MINIMUM MARKET MAXIMUM VALUE Borough Administrator $160,000 $175,000 $190,000 Chief of Police/Fire Chief 125,000 144,053 170,000 Chief Financial Officer 120,000 140,000 160,000 Municipal Engineer 115,000 126,246 155,000 Director of Public Works 110,000 130,000 155,000 Electric Utility Superintendent 110,000 130,000 155,000 Assistant Borough Administrator 110,000 130,000 165,000 Assistant Borough Engineer 100,000 120,000 140,000 Borough Clerk 85,000 100,000 125,000 Tax Assessor 82,823 97,439 115,000 Purchasing Officer 70,000 85,000 100,000 Director of Technology 68,000 80,000 100,000 Director of Business Development 59,000 69,000 79,000 Executive Assistant 54,246 63,819 82,000 Police Office Manager 52,387 65,000 82,000 Confidential Secretary to the CFO 51,000 62,000 72,000 Communication & Technology Coordinator 52,000 62,000 72,000 Deputy Borough Clerk 47,100 59,000 70,000 Confidential Secretary 45,212 55,000 75,000 Senior Dispatcher 45,933 60,000 75,000 Dispatcher 34,614 45,000 60,000 Section 2. This ordinance shall take effect as provided by law. Acting Mayor Rowe opened up the public hearing on Ordinance 34-2018. Since no member of the public wished to be heard, the public hearing was closed. Ms. Baillie moved that Ordinance 34-2018, 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. Rowe, Ms. Byrne, Mr. Hoover Nays: None Absent: Mr. Wolkowitz Acting Mayor Rowe declared Ordinance 34-2018 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 35-2018 ORDINANCE OF THE BOROUGH OF MADISON APPROPRIATING $300,000.00 FROM THE WATER CAPITAL IMPROVEMENT FUND FOR WATER UTILITY WORK AT WELL A PAGE 5 OF 19 Regular Meeting Minutes – June 25, 2018 WHEREAS, the Borough Engineer has recommended that the Borough appropriate $300,000.00 from the Water Capital Improvement Fund for Water Utility work at Well A; and WHEREAS, the Chief Financial Officer has attested to the availability of the funds in the Water Capital Improvement Fund in an amount not to exceed $300,000.00 for this purpose; and WHEREAS, the Borough Council has determined that the Borough should appropriate $300,000.00 from the Water Capital Improvement Fund for the Water Utility work at Well A; 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 $300,000.00 is hereby appropriated from the Water Capital Improvement Fund for the Water Utility work at Well A. 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 35-2018. Since no member of the public wished to be heard, the public hearing was closed. Mr. Hoover moved that Ordinance 35-2018, which was read by title, be finally 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. Rowe, Ms. Byrne, Mr. Hoover Nays: None Absent: Mr. Wolkowitz Acting Mayor Rowe declared Ordinance 35-2018 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 36-2018 ORDINANCE OF THE BOROUGH OF MADISON AMENDING CHAPTER 166 OF THE BOROUGH CODE ENTITLED "STREETS AND SIDEWALKS" REGARDING ROAD OPENINGS AND EXCAVATIONS PAGE 6 OF 19 Regular Meeting Minutes – June 25, 2018 WHEREAS, the Borough Administrator has recommended that the Borough Council amend Chapter 166 of the Borough Code regarding road opening permits; and WHEREAS, the Borough Council concurs in this recommendation to amend the road openings and excavations regulations in the Borough. NOW, THEREFORE, BE IT ORDAINED, by the Council of the Borough of Madison, County of Morris, State of New Jersey that: SECTION 1: Chapter166, Article III, of the Borough Code, entitled "Openings and Excavations Encumbrances" is amended to include the following: … Article III. Openings and Excavations Encumbrances § 166-19 Emergency Street Openings. Add: In the event of authorized emergency street openings by a public utility within five (5) years of the moratorium period in Article 166-23, the repaving by the utility must follow the specifications in Article 166-22 and be approved by the Borough Engineer as to the scope of the repaving required. § 166-22 Maintenance and Repair of Street Openings following Backfilling. Add: D. In the event of authorized non-emergency street openings by a public utility within five (5) years of the moratorium period in Article 166-23, the repaving by the utility must be “curb to curb” and follow the specifications in Article 166-22. § 166-23 Time period within which reopening are not permitted. Delete and Add: Following the construction of a new pavement surface on a Borough road, no street openings for public utilities will be permitted for a period of five (5) years thereafter. The Madison governing body may waive and/or allow non-emergency work by a public utility during the five (5) year moratorium period in Article 166-22 to further the public interest. In the event of authorized non-emergency work with in the five year (5) moratorium period, the repaving by the utility must be “curb to curb” and follow the specifications in Article 166-22. § 166-30 Applicability of provision to public utility companies Delete in its entirety. SECTION 2: This Ordinance shall take effect as provided by law. Acting Mayor Rowe opened up the public hearing on Ordinance 36-2018. Since no member of the public wished to be heard, the public hearing was closed. PAGE 7 OF 19 Regular Meeting Minutes – June 25, 2018 Mrs. Vitale moved that Ordinance 36-2018, which was read by title, be finally adopted. Ms. Baillie seconded the motion. There was no Council discussion, and the motion passed with the following roll call vote recorded: Yeas: Mrs. Vitale, Ms. Baillie, Mr. Rowe, Ms. Byrne, Mr. Hoover Nays: None Absent: Mr. Wolkowitz Acting Mayor Rowe declared Ordinance 36-2018 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 37-2018 ORDINANCE OF THE BOROUGH OF MADISON APPROPRIATING $300,000.00 FROM THE ELECTRIC CAPITAL IMPROVEMENT FUND FOR REPAIRS TO THE EXISTING ELECTRIC UTILITY STORAGE BUILDING AND THE PURCHASE OF A NEW BUTLER-STYLE BUILDING FOR THE ELECTRIC UTILITY WHEREAS, the Borough Engineer has recommended that the Borough appropriate $300,000.00 from the Electric Capital Improvement Fund for repairs to the existing Electric Storage Building and the purchase of a new Butler-style building for the Electric Utility; and WHEREAS, the Chief Financial Officer has attested to the availability of the funds in the Electric Capital Improvement Fund in an amount not to exceed $300,000.00 for this purpose; and WHEREAS, the Borough Council has determined that the Borough should appropriate $300,000.00 from the Electric Capital Improvement Fund for repairs to the existing Electric Utility Storage Building and the purchase of a new Butler-style building for the Electric Utility; 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 $300,000.00 is hereby appropriated from the Electric Capital Improvement Fund for repairs to the existing Electric Utility Storage Building and the purchase of a new Butler-style building for the Electric Utility. SECTION 2: The budget of the Borough is hereby amended to conform with the provisions of this Ordinance. PAGE 8 OF 19 Regular Meeting Minutes – June 25, 2018 SECTION 3: This Ordinance shall take effect as provided by law. Acting Mayor Rowe opened up the public hearing on Ordinance 37-2018. Since no member of the public wished to be heard, the public hearing was closed. Mr. Hoover moved that Ordinance 37-2018, which was read by title, be finally 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. Rowe, Ms. Byrne, Mr. Hoover Nays: None Absent: Mr. Wolkowitz Acting Mayor Rowe declared Ordinance 37-2018 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 38-2018 ORDINANCE OF THE BOROUGH OF MADISON APPROPRIATING $55,000.00 FROM THE AFFORDABLE HOUSING TRUST FUND FOR THE CONVERSION OF TWO UNITS AT 28B JOHN AVENUE WHEREAS, the Borough Administrator has recommended that the Borough appropriate up to $55,000.00 from the Affordable Housing Trust Fund (AHTF) on a reimbursement basis to the Madison Housing Authority (MHA) for the conversion of a four (4) bedroom unit at 28B John Avenue into one one-bedroom unit and one two-bedroom unit for a total of two units; 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 up to $55,000.00 from the Affordable Housing Trust Fund on a reimbursement basis to the MHA for conversion of a four (4) bedroom unit at 28B John Avenue into one one-bedroom unit and one two-bedroom unit for a total of two units; and WHEREAS, the units shall be eligible full for COAH credits. 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 $55,000.00 is hereby appropriated from the Affordable Housing Trust Fund on a reimbursement basis to the MHA for conversion of a four (4) bedroom unit at 28B John Avenue into one one-bedroom unit and one two-bedroom unit for a total of two units. SECTION 2: The budget of the Borough is hereby amended to conform with the provisions of this Ordinance. PAGE 9 OF 19 Regular Meeting Minutes – June 25, 2018 SECTION 3: This Ordinance shall take effect as provided by law. Acting Mayor Rowe opened up the public hearing on Ordinance 38-2018. Since no member of the public wished to be heard, the public hearing was closed. Ms. Baillie moved that Ordinance 38-2018, 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. Rowe, Ms. Byrne, Mr. Hoover Nays: None Absent: Mr. Wolkowitz Acting Mayor Rowe declared Ordinance 38-2018 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 39-2018 ORDINANCE OF THE BOROUGH OF MADISON APPROPRIATING $125,000.00 FROM GENERAL CAPITAL IMPROVEMENT FUND FOR THE EMERGENCY COMMUNICATIONS DISPATCH DESK WHEREAS, the Police Chief has recommended that the Borough appropriate $125,000.00 from the General Capital Improvement Fund for improvements to the emergency communications dispatch desk; 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 $125,000.00 from the General Capital Improvement Fund for improvements to the emergency communications dispatch desk. 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 General Capital Improvement Fund for improvements to the emergency communications dispatch desk. 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 39-2018. Since no member of the public wished to be heard, the public hearing was closed. Mr. Hoover moved that Ordinance 39-2018, which was read by title, be finally adopted. Ms. Byrne seconded the motion. There was no Council discussion, and the motion passed with the following roll call vote recorded: PAGE 10 OF 19 Regular Meeting Minutes – June 25, 2018 Yeas: Mrs. Vitale, Ms. Baillie, Mr. Rowe, Ms. Byrne, Mr. Hoover Nays: None Absent: Mr. Wolkowitz Acting Mayor Rowe declared Ordinance 39-2018 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 40-2018 ORDINANCE OF THE BOROUGH OF MADISON APPROPRIATING $100,000.00 FROM GENERAL CAPITAL IMPROVEMENT FUND FOR THE POLICE DEPARTMENT TRAINING CENTER/FIREARMS RANGE WHEREAS, the Police Chief has recommended that the Borough appropriate $100,000.00 from the General Capital Improvement Fund for the Police Department Training Center/Firearms Range; 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 Police Department Training Center/Firearms Range. NOW, THEREFORE, BE IT ORDAINED by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, as follows: SECTION 1: The amount of $100,000.00 is hereby appropriated from the General Capital Improvement Fund for the Police Department Training Center/Firearms Range. 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 40-2018. Since no member of the public wished to be heard, the public hearing was closed. Mr. Hoover moved that Ordinance 40-2018, which was read by title, be finally 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. Rowe, Ms. Byrne, Mr. Hoover Nays: None Absent: Mr. Wolkowitz Acting Mayor Rowe declared Ordinance 40-2018 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. PAGE 11 OF 19 Regular Meeting Minutes – June 25, 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. Kathy Dailey; West End Avenue, asked if converted affordable housing units on John Avenue will count towards COAH credits. Don Brunner; Redmond Drive, asked if the Mayor and Council have discussed construction of a dog park in the Borough of Madison. INTRODUCTION OF ORDINANCES The Clerk made the following statement: The ordinance scheduled for introduction and first reading tonight will have a hearing during the meeting of July 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 ordinance 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 Ordinance 41-2018 for first reading and asked the Clerk to read said ordinance by title: ORDINANCE 41-2018 ORDINANCE OF THE BOROUGH OF MADISON APPROPRIATING $192,000.00 FROM GENERAL CAPITAL IMPROVEMENT FUND FOR THE PURCHASE OF NEW VEHICLES AND RELATED EQUIPMENT FOR THE PUBLIC WORKS DEPARTMENT WHEREAS, the Director of Public Works has recommended that the Borough appropriate $192,000.00 from the General Capital Improvement Fund for the purchase of new vehicles and related equipment for the Public Works 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 $192,000.00 from the General Capital Improvement Fund for the purchase of new vehicles and related equipment for the Public Works 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 $192,000.00 is hereby appropriated from the General Capital Improvement Fund for the purchase of new vehicles and related equipment for the Public Works Department. SECTION 2: The budget of the Borough is hereby amended to conform with the provisions of this Ordinance. PAGE 12 OF 19 Regular Meeting Minutes – June 25, 2018 SECTION 3: This Ordinance shall take effect as provided by law. Mrs. Vitale moved that Ordinance 41-2018, which the Borough Clerk read by title, be adopted. Ms. Baillie seconded the motion. There was no Council discussion, and the motion passed with the following roll call vote recorded: Yeas: Mrs. Vitale, Ms. Baillie, Mr. Rowe, Ms. Byrne, Mr. Hoover Nays: None Absent: Mr. Wolkowitz CONSENT AGENDA RESOLUTIONS The Clerk made the following statement: Consent Agenda Resolutions will be enacted with a single motion; any Resolution requiring expenditure is supported by a Certification of Availability of Funds; any Resolution requiring discussion will be removed from the Consent Agenda; all Resolutions will be reflected in full in the minutes. Mrs. Vitale moved adoption of the Resolutions listed on the Consent Agenda. Ms. Baillie seconded the motion. There was no Council discussion and the motion passed with the following roll call vote recorded: Yeas: Mrs. Vitale, Ms. Baillie, Mr. Rowe, Ms. Byrne, Mr. Hoover Nays: None Absent: Mr. Wolkowitz R 195-2018 RESOLUTION OF THE BOROUGH OF MADISON RENEWING LIQUOR LICENSES IN THE BOROUGH OF MADISON FOR THE 2018-2019 LICENSE TERM BE IT RESOLVED by the Council of the Borough of Madison, County of Morris, State of New Jersey, that the following applications for renewal of Liquor Licenses for the 2018 - 2019 license term be, and hereby are, approved: DISTRIBUTION LICENSES - FEE: $1,798.00; July 1, 2018 through June 30, 2019 License #1417-44-003-007 Anand Divine Liquor, LLC (Inactive) 9 Inverness Drive Edison, NJ 08820 License #1417-44-006-005 ANV Madison LLC Main Street Wine Cellar 300 Main Street Unit 7A Madison, NJ 07940 License # 1417-44-007-003 VNB Wine and Spirit Rose City Liquors 84 Main Street Madison, NJ 07940 R 196-2018 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING THE SALE OF SURPLUS PERSONAL PROPERTY NO LONGER NEEDED FOR PUBLIC USE ON AN ONLINE AUCTION WEBSITE PAGE 13 OF 19 Regular Meeting Minutes – June 25, 2018 WHEREAS, the Borough of Madison has determined that the property described on Schedule A attached hereto and incorporated herein is no longer needed for public use; and WHEREAS, the Local Unit Electronic Technology Pilot Program and Study Act (P.L. 2001, c.30) authorizes the sale of surplus property no longer needed for public use through the use of an online auction service; and WHEREAS, the Borough of Madison intends to utilize the online auction services of GovDeals.com; and NOW, THEREFORE, BE IT RESOLVED, by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, that the Borough is hereby authorized to sell the surplus personal property as indicated on Schedule A on an online auction website entitled GovDeals.com; and BE IT FURTHER RESOLVED that the terms and conditions of the agreement entered into between GovDeals.com and the Borough of Madison are available at GovDeals.com and in the Borough Clerk’s office; and BE IT FURTHER RESOLVED that a certified copy of the within Resolution be forwarded by the Borough Clerk to the State of New Jersey Division of Local Government Services. R 197-2018 RESOLUTION OF THE BOROUGH OF MADISON REQUESTING THE DIRECTOR OF LOCAL GOVERNMENT SERVICES TO APPROVE THE INSERTION OF AN ITEM OF REVENUE IN THE BUDGET OF THE YEAR 2018 WHEREAS, N.J.S.A. 40A:87 provides that the Director of the Division of Local Government Services may approve the insertion of any special item of revenue in the budget of any County or Municipality when such items shall have been made available by law and the amount thereof was not determined at the time of the adoption of the budget; and WHEREAS, said Director may also approve the insertion of any item of appropriation for equal amount; and WHEREAS, the Borough of Madison will receive $27,796.41 from the State of New Jersey Clean Communities Grant and wishes to amend its 2018 Budget to include this amount as revenue. NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Borough of Madison in the County of Morris and State of New Jersey hereby requests the Director of Local Government Services to approve the insertion of an item of revenue in the budget of the year 2018 in the sum of $27,796.41, which item is now available as a revenue from: Miscellaneous Revenues Special Items of General Revenue Anticipated with Prior Written Consent PAGE 14 OF 19 Regular Meeting Minutes – June 25, 2018 of the Director of Local Government Services: State and Federal Revenues Off-Set with Appropriations; and BE IT FURTHER RESOLVED that the like sum of $27,796.41is hereby appropriated under the caption of: General Appropriations (a) Operation Excluded from 3.5% Caps State and Federal programs Off-set by Revenues: State of New Jersey Clean Communities Grant – Other Expenses $27,796.41 BE IT FURTHER RESOLVED that the Borough Clerk forward two copies of this resolution to the Director of Local Government Services. R 198-2018 RESOLUTION OF THE BOROUGH OF MADISON ACCEPTING THE 2017 AUDIT WHEREAS, N.J.S.A. 40A:5-4 requires the Governing Body of every local unit to have made an annual audit of its books, accounts and financial transactions; and WHEREAS, the Annual Report of Audit for the year 2017 has been filed by a Registered Municipal Accountant with the Municipal Clerk as per the requirements of N.J.S.A. 40A:5-6, and a copy has been received by each member of the Governing Body; and WHEREAS, the Local Finance Board of the State of New Jersey is authorized to prescribe reports pertaining to local fiscal affairs; and WHEREAS, the Local Finance Board has promulgated N.J.A.C. 5:30-6.5, a regulation requiring that the Governing Body of each municipality shall by resolution certify to the Local Finance Board of the State of New Jersey that all members of the Governing Body have reviewed, at a minimum, the sections of the annual audit entitled: "General Comments and Recommendations"; and WHEREAS, the members of the Governing Body have personally reviewed at a minimum the Annual Report of Audit, and specifically the sections of the Annual Audit entitled: "General Comments and Recommendations" as evidenced by the group affidavit form of the Governing Body attached hereto; and WHEREAS, such resolution of certification shall be adopted by the Governing Body no later than forty-five days after the receipt of the annual audit, pursuant to N.J.A.C. 5:30-6.5; and WHEREAS, all members of the Governing Body have received and have familiarized themselves with, at least, the minimum requirements of the Local PAGE 15 OF 19 Regular Meeting Minutes – June 25, 2018 Finance Board of the State of New Jersey, as stated aforesaid and have subscribed to the affidavit, as provided by the Local Finance Board; and WHEREAS, failure to comply with the regulations of the Local Finance Board of the State of New Jersey may subject the members of the local Governing Body to the penalty provisions of R.S. 52:27BB-52 - to wit: R.S. 52:27BB-52 - A local officer or member of a local Governing Body who, after a date fixed for compliance, fails or refuses to obey an order of the director (Director of Local Government Services), under the provisions of this Article, shall be guilty of a misdemeanor and, upon conviction, may be fined not more than one thousand dollars ($1,000.00) or imprisoned for not more than one year, or both, and in addition shall forfeit their office. NOW, THEREFORE, BE IT RESOLVED that the Governing Body of the Borough of Madison, County of Morris, State of New Jersey, hereby states that it has complied with N.J.A.C. 5:30-6.5 and does hereby submit a certified copy of this resolution and the required affidavit to said Board to show evidence of said compliance. R 199-2018 RESOLUTION OF THE BOROUGH OF MADISON APPROVING THE 2017 CORRECTIVE ACTION PLAN REPORT WHEREAS, the 2017 Audit Report prepared by the Municipal Auditor contained two (2) recommendations to be remedied; and WHEREAS, the Chief Financial Officer has prepared a Corrective Action Plan which the Borough Council has reviewed and approved. 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 Corrective Action Plan attached hereto is hereby approved. R 200-2018 RESOLUTION OF THE BOROUGH OF MADISON APPROVING JACOB HENRY PERKINS TRUST DISBURSEMENT WHEREAS, the Borough Administrator recommends a grant from the Jacob Henry Perkins Trust (hereafter Perkins Trust) on behalf of R. G., a Borough resident; and WHEREAS, the Borough Administrator has advised the Borough Council that R. G. meets the criteria for a Perkins Trust grant; and WHEREAS, the Borough Council has determined to approve the request for a Perkins Trust grant in the amount of $10,000.00. PAGE 16 OF 19 Regular Meeting Minutes – June 25, 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 a one-time grant is hereby approved from the Perkins Trust in the amount of $10,000.00, for the benefit of R. G. R 201-2018 RESOLUTION OF THE BOROUGH OF MADISON RATIFYING APPOINTMENT OF TYLER MCKINNON TO THE SUMMER INTERN POSITION IN THE ELECTRIC UTILITY FIELD DEPARTMENT WHEREAS, the Purchasing/Personnel Officer has recommended appointment of Tyler McKinnon to the position of Summer Intern in the Electric Utility Field Department; 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 Tyler McKinnon is hereby appointed to the position of Summer Intern in the Electric Utility Field Department effective June 26, 2018 at the rate of pay of $12.00 per hour. R 202-2018 Item Removed and the # Retired R 203-2018 RESOLUTION OF THE BOROUGH OF MADISON SUPPORTING PROPOSED LEGISLATION THAT WOULD MAKE CERTAIN CHANGES TO POLICE AND FIRE INTEREST ARBITRATION PROCEDURES WHEREAS, in an effort to control and manage local property taxes, in 2010 the NJ State Legislature implemented legislation for an interest arbitration cap; and WHEREAS, this bill capped arbitration awards at 2% providing for more sustainable salary and wage increases, the legislation has also dramatically reduced the number of interest arbitration filings state-wide; and WHEREAS, in June 2014 the State Legislature unanimously voted to extend the 2% cap on interest arbitration awards to expire December 31, 2017; and WHEREAS, if the 2% hard cap on interest arbitration awards is not renewed, in the coming years New Jersey counties and municipalities will be faced with a very difficult situation of having to drastically reduce spending in order to comply with and pay for higher Interest Arbitration Awards; and WHEREAS, Assembly Bill A-3378 and Senate Bill S-1858 make permanent the 2% cap on base salary increases on interest arbitration awards, and also makes various changes to the State’s interest arbitration procedures for settling contractual impasses between public employers and their police and fire departments. NOW THEREFORE, BE IT RESOLVED, by the Council of the Borough of Madison, County of Morris, State of New Jersey as follows: 1. That the Borough of Madison supports these aforesaid bill(s). 2. That a copy of this resolution be forwarded to the sponsors of these bill(s), to all of our local and state representatives, to the Senate PAGE 17 OF 19 Regular Meeting Minutes – June 25, 2018 President, and the Speaker of the Assembly, urging them to support the aforesaid bill(s), and to the Honorable Governor of the State of New Jersey, Philip D. Murphy urging him to sign them should they be adopted; 3. That a copy of this resolution be distributed to all municipalities in Morris County urging them to adopt similar resolutions of support R 204-2018 RESOLUTION OF THE BOROUGH OF MADISON APPROVING RENEWAL APPLICATION OF LIVERY OWNER’S LICENSE FOR ROSE CITY LIMO, INC. FOR 2018 BE IT RESOLVED, by the Council of the Borough of Madison, County of Morris, State of New Jersey, that the following Livery Owner’s License renewal be approved for the year 2018: License No. Company Vehicles 2018-12L Rose City Limo, Inc 1 212 Main Street, Madison UNFINISHED BUSINESS - None APPROVAL OF VOUCHERS On motion by Mrs. Vitale, seconded by Ms. Baillie and carried, the following vouchers of the Borough of Madison were approved for payment, and the supporting documentation of said vouchers was made part of the Supplemental Minute Book. Current Fund $4,268,675.94 General Capital Fund 388,299.22 Electric Operating Fund 777,234.19 Electric Capital Fund 26,618.00 Water Operating Fund 26,177.71 Water Capital Fund 9,075.00 Trusts 133,274.46 Total $5,609,354.52 The following roll call vote was recorded approving the aforementioned vouchers: Yeas: Mrs. Vitale, Ms. Baillie, Mr. Rowe, Ms. Byrne, Mr. Hoover Nays: None Absent: Mr. Wolkowitz NEW BUSINESS Mayor Conley put forward the following name for appointment and requested Council confirmation: HISTORIAN Scott Spelker, 18 Highview Terrace, through December 31, 2018. Ms. Baillie moved approval of the forgoing appointment. Mrs. Vitale seconded the motion, which passed with the following roll call vote recorded: PAGE 18 OF 19 Regular Meeting Minutes – June 25, 2018 Yeas: Mrs. Vitale, Ms. Baillie, Mr. Rowe, Ms. Byrne, Mr. Hoover Nays: None Absent: Mr. Wolkowitz 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 July 9, 2018 (EO) PAGE 19 OF 19