Mayor & Council

MINUTES OF A REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF MADISON October 10, 2018 - 6 p.m. CALL TO ORDER The Regular Meeting of the Mayor and Council of the Borough of Madison was held on the 10th day of October, 2018. Mayor Conley called the meeting to order at 6:00 p.m. in the Committee Room of the Hartley Dodge Memorial, Kings Road, in the Borough of Madison. STATEMENT IN COMPLIANCE WITH THE OPEN PUBLIC MEETINGS ACT The Borough Clerk read the statement pursuant to the Open Public Meetings Act: “In compliance with the Open Public Meetings Act, adequate notice of this meeting of the Council was provided by transmitting a copy of the meeting notice to the Madison Eagle and Morris County Daily Record, posting a copy on the bulletin board at the main entrance of the Hartley Dodge Memorial, and filing a copy in the office of the Clerk, all on January 11, 2018. This Notice was made available to members of the general public.” ROLL CALL The Borough Clerk called the roll and the following acknowledged their presence: Mayor Robert H. Conley Council Members: Carmela Vitale Astri J. Baillie Benjamin Wolkowitz Patrick W. Rowe John F. Hoover Absent: Maureen Byrne, excused Also Present: Raymond M. Codey, Borough Administrator James E. Burnet, Assistant Borough Administrator Elizabeth Osborne, Borough Clerk Matthew J. Giacobbe, Esq. Borough Attorney AGENDA REVIEW There was approval of the Regular and Executive Agenda. READING OF CLOSED SESSION RESOLUTION Mr. Rowe moved: RESOLVED, that the meeting be adjourned to an Executive Session to consider the following matters: MINUTES FOR APPROVAL (1) September 24, 2018 Date of public disclosure 60 days after conclusion, if disclosure required. LITIGATION MATTERS (1) AFFORDABLE HOUSING Date of public disclosure 60 days after conclusion, if disclosure required. Regular Meeting Minutes – October 10, 2018 CONTRACT MATTERS (1) REMOVAL AND PROPER RECYCLE OF LEAVES Date of public disclosure 60 days after conclusion, if disclosure required. PERSONNEL MATTERS (1) PART TIME SENIOR VAN DRIVER Date of public disclosure 90 days after conclusion, if disclosure required. Seconded: Mrs. Vitale Vote: Approved by voice vote RECONVENE IN COUNCIL CHAMBER Mayor Conley reconvened the Regular Meeting at 8 p.m. in the Council Chamber with all members present. The Pledge of Allegiance was recited by all. APPROVAL OF MINUTES Ms. Baillie moved approval of the Executive Minutes of September 24, 2018. Mr. Rowe seconded the motion, which passed with the following roll call vote recorded: Yeas: Mrs. Vitale, Ms. Baillie, Mr. Wolkowitz, Mr. Rowe, Mr. Hoover Nays: None Absent: Ms. Byrne Ms. Baillie moved approval of the Regular Meeting Minutes of September 24, 2018. Mr. Rowe seconded the motion, which passed with the following roll call vote recorded: Yeas: Mrs. Vitale, Ms. Baillie, Mr. Wolkowitz, Mr. Rowe, Mr. Hoover Nays: None Absent: Ms. Byrne GREETINGS TO PUBLIC Mayor Conley made the following comments: Mayor Conley announced a second “Talk in the Park” to be held on Saturday, October 14, 2018 from 12:00 to 1:00 p.m., at Tabor Park on Hillcrest at Green Village Road. EMPLOYEE OF THE MONTH FOR OCTOBER: The Employee of the Month for October is Construction Official Russ Brown for his dedication in expediting construction permits and inspections, especially his commitment in processing the construction inspections for Madison High School evenings and weekends so that school could start as planned, and his willingness to always help all departments with special projects. ANNIVERSARIES FOR THE MONTH OF OCTOBER: Joel Phillips of the Electric Utility – 20 years on October 19th Michael Giordano of the Department of Public Works – 30 years on October 25th Judge Gary Troxell of the Joint Municipal Court – 20 years on October 27th NJ Green Acres Check Presentation Assemblywoman Mila Jasey presented a ceremonial check to Mayor Conley in the amount of $500,000 for the purchase of land at the Madison Recreation Center. Mayor Conley thanked Assemblywoman Jasey, as well as State representatives PAGE 2 OF 16 Regular Meeting Minutes – October 10, 2018 Senator Richard Codey and Assemblyman John McKeon for their help securing the funding. REPORTS OF COMMITTEES Health Mr. Rowe, Chair of the Committee, made the following comments: MAASA is sponsoring a Bullying presentation at Grace Episcopal Church on Thursday October 11, 2018. The presentation includes two short films regarding Bullying Awareness. A panel of experts will also be available to answer questions. The presentation is intended for audiences ages 11 thru Adult. The Health Department has started administering Flu Vaccinations. Two clinics are scheduled for Wednesday, October 17th and Wednesday, October 24th from 9:00 a.m. until 11:00 a.m. at the Civic Center. The Health Department’s annual free rabies clinic has been scheduled for Saturday, December 8, 2018 at the Public Works garage located at 34 John Street. Public Works and Engineering Mrs. Vitale, Chair of the Committee, made the following comments: Mrs. Vitale noted that the Borough Engineer will present an update on road reconstruction projects later this evening. The Department of Public Works has been busy preparing DPW dump trucks, garbage removal and setting up for Bottle Hill Day. The staff worked diligently to help make Bottle Hill Day a great success. The downtown was completely clean the very next day. Thanks to all volunteers and employees for their efforts. Finance and Borough Clerk Ms. Baillie, Chair of the Committee, made the following comments: In anticipation of the November 6th General Election, the Borough Clerk’s Office will be open for Late Night Voter Registration until 8:00 p.m. on Tuesday October 16th. Registration forms, as well as Mail in Ballot applications, are available in the Clerk’s office and on line at morriselections.org. The Electric Utility Rebate program ends December 1st. Forms are available in the Clerk’s Office and online. The Finance Department has finished insurance schedules for all fixed assets. The 2019 budget work continues and a draft 5-year capital budget will be presented at the December Council meeting. The new State FAST budget system is in place and will allow officials to compare budgets between towns. Public Safety Mr. Wolkowitz, Chair of the Committee, made the following comments: The Madison Police Department and PBA Local #92 will once again host an annual food drive to benefit the Interfaith Food Pantry of Morris County. Please donate to this worthy cause and help those less fortunate. All non perishable items can be dropped off at Police Headquarters. During the month of September, the Fire Department responded to a total 109 calls. On Monday morning, September 26th, Madison Fire, Ambulance and Police responded to a report of a four year old child’s leg stuck in a bicycle. Firefighters were able to free the young boy’s leg by using the “Jaws of Life”. His leg was uninjured, but the bicycle was damaged beyond repair. Members of the Madison Fire Department FMBA local #74 purchased a new red bicycle and helmet for the young boy. This is Fire Prevention week. Madison Firefighters will be going to our local schools, pre-schools and adult centers throughout the month of October to talk to about fire safety. PAGE 3 OF 16 Regular Meeting Minutes – October 10, 2018 Community Affairs Ms. Byrne, Chair of the Committee, absent. Utilities Mr. Hoover, Chair of the Committee, made the following comments: The Electric Utility Department reports work on regular mark outs for service, replacement of a pole on Main Street at the Elks Club and installation of temporary outlets for use on Bottle Hill Day. They have also installed temporary service at the new Atlantic Health facility. The Water Department continues hydrant flushing. Residents may experience low pressure and see discolored water. COMMUNICATIONS AND PETITIONS- None INVITATION FOR DISCUSSION (1 of 2) Mayor Conley opened the meeting to the public for their opportunity to ask questions and make comments on those items listed on the Agenda only. Mayor asked that, upon recognition by the Chair, the person shall proceed to the lectern and give his/her name and address in an audible tone of voice, and print the same on the sheet provided for the record. He/she shall limit his/her statement to three (3) minutes or less. Robert Catalanello; Woodland Avenue, raise concern regarding proposed Resolution 280-2018, asking that Council speak with the Madison Athletic Foundation. Mr. Catalanello noted Ordinance 45-2013 regarding user fees, suggesting a resolution is not necessary. Dave Luber; Lawrence Way, supported Resolutions 280-2018 and 281-2018, noting previous ‘pay as you go’ funding for capital items is fiscally responsible. Mark Chiarolanza; Greenwood Avenue, noted that proposed Resolution 280-2018 and 281-2018 do not list actual costs and asked the Council to consider the impact of increasing user fees. Kathy Dailey; West End Avenue, asked for clarification on use of previously collected fees, noting the Borough is not permitted to hold onto funds. Since no other member of the public wished to be heard, the invitation for discussion was closed. AGENDA DISCUSSIONS 10/10/2018-1 ROAD RECONSTRUCTION UPDATE Borough Engineer Robert Vogel presented an update on the road reconstruction program noting completed projects including Kings Road, Greenwood Avenue and Elmer Street. Work continues on Central Avenue with the County of Morris’ recent award to a contractor for milling and paving. PSE& G has completed work to the gas lines. Mr. Vogel noted that all major roadways within the Borough have now been resurfaced. Mr. Vogel also noted that a draft 5-year capital plan will be presented in December, including proposed road reconstruction for 2019. 10/10/2018-2 2ND ROUND 2018 HOME PROGRAM GRANT APPLICATION Mr. Codey noted a HOME grant application in the amount of $300,000.00 for the construction of four duplex homes on land owned by the Madison Housing Authority on Chateau Thierry Avenue by the Madison Affordable Housing Corporation. There was no objection to listing a resolution on the Consent Agenda. PAGE 4 OF 16 Regular Meeting Minutes – October 10, 2018 Resolution 279-2018 is listed on the Consent Agenda. ADVERTISED HEARINGS The Clerk made the following statement: Ordinance 46-2018 scheduled for hearing was introduced by title and passed on first reading at a regular meeting of the Council held on Wednesday, September 12, 2018, Ordinance 47-2018 scheduled for hearing was introduced by title and passed on first reading at a regular meeting of the Council held on Monday, September 24, 2018; both were posted and filed according to law, and copies were made available to the general public requesting same. Mayor Conley called up Ordinances for second reading and asked the Clerk to read said ordinances by title: ORDINANCE 46-2018 ORDINANCE OF THE BOROUGH OF MADISON AMENDING CHAPTER 185-39, ‘TAXI STANDS’ TO DELETE PARKING SPACES DEDICATED TO TAXIS ON LINCOLN PLACE WHEREAS, the Borough Administrator has recommended that dedicated parking spaces for taxis on Lincoln Place should be eliminated; and WHEREAS, the Borough Council has determined that Chapter 185 of the Madison Borough Code entitled "Vehicles and Traffic" should be amended in order to implement these changes. 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: Sections 185-16 “Taxi Stands Designated” and 185-39 entitled "Schedule XI: Taxi Stands", of the Madison Borough Code are hereby deleted in their entirety. SECTION 2: This Ordinance shall take effect as provided by law. Mayor Conley opened up the public hearing on Ordinance 46-2018. Since no member of the public wished to be heard, the public hearing was closed. Mr. Wolkowitz moved that Ordinance 46-2018, which was read by title, be finally adopted. Mr. Hoover seconded the motion. There was no Council discussion, and the motion passed with the following roll call vote recorded: Yeas: Mrs. Vitale, Ms. Baillie, Mr. Wolkowitz, Mr. Rowe, Mr. Hoover Nays: None Absent: Ms. Byrne Mayor Conley declared Ordinance 46-2018 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 5 OF 16 Regular Meeting Minutes – October 10, 2018 ORDINANCE 47-2018 ORDINANCE OF THE BOROUGH OF MADISON AMENDING SECTION 136-32 OF THE BOROUGH CODE ENTITLED “SPECIAL EVENT PERMITS” WHEREAS, the Borough Administrator has recommended amending Section 136-32 of the Borough Code entitled “Special Event Permits”; and WHEREAS, the Borough Council is in agreement with said recommendation. NOW, THEREFORE, BE IT ORDAINED, by the Council of the Borough of Madison, in the County of Morris and State of New Jersey as follows: Section 1: Section 136-32 of the Borough Code entitled “Special Events Permits” is hereby amended to include the following: D. For the Madison Community Arts Center, a permit shall be issued by the Director of Business Development in consultation with the appropriate department head and Business Administrator for use of the Madison Community Arts Center. See application for rate schedule $250.00 fee for use of the exterior space. Intent must be noted at time of application. $150.00 fee for service/consumption of alcoholic beverages and proof of insurance specifically covering the consumption of alcoholic beverages is required. Section 2: This Ordinance shall take effect as provided by law. Mayor Conley opened up the public hearing on Ordinance 47-2018. Since no member of the public wished to be heard, the public hearing was closed. Mr. Wolkowitz moved that Ordinance 47-2018, which was read by title, be finally adopted. Mr. Hoover seconded the motion. There was no Council discussion, and the motion passed with the following roll call vote recorded: Yeas: Mrs. Vitale, Ms. Baillie, Mr. Wolkowitz, Mr. Rowe, Mr. Hoover Nays: None Absent: Ms. Byrne Mayor Conley declared Ordinance 47-2018 adopted and finally passed and ordered the Clerk to publish the notice thereof in the newspaper and to record the ordinance as required by law. INVITATION FOR DISCUSSION (2 of 2) Mayor opened the meeting to the public for their opportunity to ask questions and make comments on any subject. Mayor asked that, upon recognition by the Chair, the person shall proceed to the lectern and give his/her name and address in an audible tone of voice, and print the same on the sheet provided for the record. He/she shall limit his/her statement to three (3) minutes or less. Since no member of the public wished to be heard, the invitation for discussion was closed. PAGE 6 OF 16 Regular Meeting Minutes – October 10, 2018 INTRODUCTION OF ORDINANCES The Clerk made the following statement: The ordinances scheduled for introduction and first reading tonight will have a hearing during the meeting of November 12, 2018 in the 2nd Floor Council Chamber of the Hartley Dodge Memorial Building, Kings Road, in the Borough of Madison at 8 p.m., or as soon thereafter as practical, for further consideration and final adoption. Said ordinances will be published in the Madison Eagle, be posted at the main entrance to the Borough offices and be made available to members of the public requesting same, as required by law. Mayor Conley called up Ordinances for first reading and asked the Clerk to read said ordinance by title: ORDINANCE 48-2018 ORDINANCE OF THE BOROUGH OF MADISON APPROPRIATING $50,000.00 FROM THE GENERAL CAPITAL IMPROVEMENT FUND FOR RESEEDING AND REPAIR OF BOROUGH PARKS AND RECREATION FIELDS WHEREAS, the Borough Engineer has recommended that the Borough appropriate $50,000.00 from the General Capital Improvement Fund for reseeding and repair of Borough parks and recreation fields; 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 reseeding and repair of Borough fields. 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 reseeding and repair of Borough fields. 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. Mrs. Vitale moved that Ordinance 48-2018, which the Borough Clerk read by title, be adopted. Mr. Rowe seconded the motion. There was no Council discussion, and the motion passed with the following roll call vote recorded: Yeas: Mrs. Vitale, Ms. Baillie, Mr. Wolkowitz, Mr. Rowe, Mr. Hoover Nays: None Absent: Ms. Byrne 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 PAGE 7 OF 16 Regular Meeting Minutes – October 10, 2018 Resolution requiring discussion will be removed from the Consent Agenda; all Resolutions will be reflected in full in the minutes. Mr. Rowe moved adoption of the Resolutions 271-2018 through 279-2018 and Resolutions 282-2018 through 284-2018 listed on the Consent Agenda. Mrs. Vitale seconded the motion. There was no Council discussion and the motion passed with the following roll call vote recorded: Yeas: Mrs. Vitale, Ms. Baillie, Mr. Wolkowitz, Mr. Rowe, Mr. Hoover Nays: None Absent: Ms. Byrne R 271-2018 RESOLUTION OF THE BOROUGH OF MADISON APPROVING THE PERSON-TO-PERSON TRANSFER OF PLENARY RETAIL DISTRIBUTION LICENSE NUMBER 1417-44-009-008 WHEREAS, an application has been filed for a Person-to-Person Transfer of Plenary Retail Distribution License Number 1417-44-009-008 heretofore issued to SHAH TRADERS, INC., inactive, to RISHI ENTERPRISE,INC., 67 Chesterfield Road, Parsippany, NJ 07054, as a pocket license; and WHEREAS, the submitted application form is complete in all respects, the transfer fees have been paid, and the license has been properly renewed for the current license term; and WHEREAS, the applicant is qualified to be licensed according to all standards established by Title 33 of the New Jersey Statutes, regulations promulgated thereunder, as well as pertinent local ordinances and conditions consistent with Title 33; and WHEREAS, the applicant has disclosed and the issuing authority reviewed the source of all funds used in the purchase of the license and the licensed business and all additional financing obtained in connection with the licensed business. NOW, THEREFORE BE IT RESOLVED that the Borough of Madison Governing Body does hereby approve, effective immediately, the Person-to-Person transfer of the aforesaid Plenary Retail Distribution license from SHAH TRADERS, INC., to RISHI ENTERPRISE, INC., 67 Chesterfield Road, Parsippany, NJ 07054, as a pocket license, and does hereby direct the Borough Clerk to endorse the license certificate as follows: “This license, subject to all of its terms and conditions, is hereby transferred to RISHI ENTERPRISE, INC., 67 Chesterfield Road, Parsippany, NJ 07054 effective October 10, 2018. PAGE 8 OF 16 Regular Meeting Minutes – October 10, 2018 R 272-2018 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING FINAL PAYMENT AND CHANGE ORDER REQUEST FROM RAPID PUMP & METER SERVICE CO. IN THE AMOUNT OF $15,954.09 BRINGING TOTAL PAYMENT TO $797,704.70 FOR THE NORTH STREET PUMP STATION PROJECT WHEREAS, a contract for the North Street Pump Station Improvement project, in an amount not to exceed $696,690.00 was awarded to Rapid Pump & Meter Service, Co., of Paterson, New Jersey, by Resolution 228-2016; and WHEREAS, the Borough Engineer has recommended approval of a change order to the contract for changes that were encountered during the project, bringing the contract total to $797,704.70; and WHEREAS, the Borough Engineer has advised that the project has been completed and has recommended approval of final payment including a final change order and release of retainage to Rapid Pump & Meter Service, Co., of Paterson, New Jersey in an amount not to exceed $15,954.09; and WHEREAS, the Chief Financial Officer has attested to the availability of funds in an amount sufficient for this purpose, which funds were appropriated by Ordinances 39- 2016, 34-2016 and 46-2017. 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 final payment, retainage release and change order request from Rapid Pump & Meter Service, Co., of Paterson, New Jersey, in the total amount not to exceed $15,954.09 for the North Street Pump Station Improvement project is authorized. R 273-2018 RESOLUTION OF THE BOROUGH OF MADISON APPROVING RAFFLES LICENSE APPLICATIONS SUBMITTED BY DREW UNIVERSITY INC. BE IT RESOLVED by the Borough Council of the Borough of Madison, County of Morris, State of New Jersey, that the following applications for Raffles Licenses, to be held as listed below, be and the same are hereby approved: Drew University Inc. I.D. No. 274-5-23707 R.A. 1457 November 28, 2018 – On premise 50/50 R.A. 1458 November 28, 2018 – On premise R 274-2018 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING RELEASE OF SURETY BOND TO STANGLE GROUP, ON BLOCK 1801, LOT 9 WHEREAS, the Assistant Borough Engineer has recommended that a Surety Bond in the amount of $6,427.11 be released to Stangle Group, in PAGE 9 OF 16 Regular Meeting Minutes – October 10, 2018 connection with site improvements completed at 14 Elmer Street, Block 1801, Lot 9; and WHEREAS, the Assistant Borough Engineer advises that all site work has been completed. 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 Surety Bond described herein be released to Stangle Group. R 275-2018 RESOLUTION OF THE BOROUGH OF MADISON APPOINTING PETER HISCANO TO THE POSITION OF PART-TIME SENIOR CITIZEN VAN DRIVER WHEREAS, the QPA/Personnel Director has recommended the appointment of Peter Hiscano to the position of part-time Senior Citizen Van Driver. NOW, THEREFORE, BE IT RESOLVED, by the Council of the Borough of Madison, County of Morris, and State of New Jersey, that Peter Hiscano is hereby appointed to the position of part-time Senior Citizen Van Driver, contingent upon a satisfactory criminal background check, motor vehicle abstract and employment reference verification. BE IT FURTHER RESOLVED, that Peter Hiscano shall be compensated at a salary in the amount of $16.00 per hour, with no benefits. R 276-2018 RESOLUTION OF THE BOROUGH OF MADISON REJECTING NON RESPONSIVE BID FOR REMOVAL AND PROPER RECYCLE OF LEAVES WHEREAS, the Borough of Madison publicly advertised for bids for removal and proper recycle of leaves in accordance with Local Public Contracts Law N.J.S.A. 40A:11-1 et seq.; and WHEREAS, the apparent low bid received from Riversedge Contracting, LLC was non-responsive due to a mistake in listing the corporate structure; and WHEREAS, the Purchasing/Personnel Officer and Borough Attorney have opined that this is a material defect and recommend that this bid be rejected. 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 apparent low bid for removal and proper recycle of leaves is hereby rejected for the reasons set forth in the attached legal opinion. R 277-2018 RESOLUTION OF THE BOROUGH OF MADISON AWARDING A TWO YEAR CONTRACT (2018 AND 2019) FOR LEAF REMOVAL TO S. ROTONDI & SONS OF SUMMIT, NEW JERSEY IN THE AMOUNT OF $164,800.00 PAGE 10 OF 16 Regular Meeting Minutes – October 10, 2018 WHEREAS, the Borough of Madison publicly advertised for bids for removal and proper recycle of leaves (the “Contract”) in accordance with the Local Public Contracts Law, N.J.S.A. 40A:11-1, et seq.; and WHEREAS, the Borough Attorney determined that the apparent lowest bid received contained a material defectand has been rejected by Resolution 276-2018; and WHEREAS, the lowest responsible bid was submitted by S. Rotondi & Sons, of Summit, New Jersey in the amount of $82,400.00 for one year (2018) and $164,800.00 for two years (2018 and 2019); and WHEREAS, the QPA/Personnel Director and Borough Attorney have recommended that the Borough Council award the contract to S. Rotondi & Sons, of Summit, New Jersey for two years in the amount of $164,800.00; and WHEREAS, the Chief Financial Officer has attested that $82,400.00 is available in the 2018 Public Works operating budget, with the second year expressly contingent on funding therefore in the 2019 budget in the additional amount of $82,400.00. 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 two year contract for removal and proper recycle of leaves is hereby awarded to S. Rotondi & Sons, of Summit, New Jersey based upon its bid in the amount of $164,800.00. 2. The Mayor and Borough Clerk are hereby authorized and directed on behalf of the Borough to enter into a two year contract with S. Rotondi & Sons, of Summit, New Jersey, in a form acceptable to the Borough Attorney. R 278-2018 RESOLUTION OF THE BOROUGH OF MADISON AWARDING PROFESSIONAL SERVICES CONTRACT TO J.A. MIHALIK ARCHITECT, LLC TO DESIGN PROJECT FOR REPLACEMENT OF THE FIELD HOUSES AT DODGE FIELD WHEREAS, the Assistant Borough Engineer has recommended awarding a professional services contract for architectural plans for the replacement of the field houses at Dodge Field; and 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 PAGE 11 OF 16 Regular Meeting Minutes – October 10, 2018 WHEREAS, the Assistant Borough Engineer has recommended that the Borough Council award the contract to J.A. Mihalik Architect, LLC in an amount not to exceed $16,000.00; and WHEREAS, J.A. Mihalik Architect, LLC 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, funds are available in the Engineering Professional Services 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 with J.A. Mihalik Architect, LLC for design services for replacement of the field houses at Dodge Field in an amount not to exceed $16,000.00, such contract to be in a form approved by the Borough Attorney. 2. 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. R 279-2018 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING APPLICATION TO MORRIS COUNTY HOME INVESTMENT PARTNERSHIP PROGRAM BY MADISON HOUSING AUTHORITY WHEREAS, the Executive Director of the Madison Borough Housing Authority has recommended to the Borough Council that a 2018 County of Morris Second Round Home (HOME) Program application as described herein be submitted to the Morris County Division of Community Development; and WHEREAS, the Executive Director of the Madison Affordable Housing Corporation has recommended that a HOME application in the amount of $300,000.00 be submitted for the construction of four duplex homes on land owned by the Madison Housing Authority on Chateau Thierry Avenue by the Madison Affordable Housing Corporation; and WHEREAS, the governing body supports the submission of this grant application and authorizes the Mayor to execute the grant agreement with Morris County, and certifies the availability of $400,000.00 from the Municipal Affordable Housing Trust Fund for this purpose; and PAGE 12 OF 16 Regular Meeting Minutes – October 10, 2018 WHEREAS, the recommendation has been considered at the Regular Public Meeting of the Borough Council on October 10, 2018. NOW, THEREFORE, BE IT RESOLVED, by the Council of the Borough of Madison, County of Morris and State of New Jersey, that the Executive Director of the Madison Borough Housing Authority is hereby authorized to file the above- described County of Morris Home Investment Partnership (HOME) Program application and the Mayor is authorized to sign the certification of the Housing Authority Grant application. Resolutions 280-2018 and 281-2018 considered below. R 282-2018 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING USE OF MADISON COMMUNITY POOL LOCATION BY THE DOWNTOWN DEVELOPMENT COMMISSION AND THE MADISON POOL CORPORATION TO HOST THE MADISON FOOD TRUCK FEST ON OCTOBER 28, 2018 WHEREAS, the Downtown Development Commission has requested permission to use the Madison Community Pool property on Saturday, October 28, 2018, for the Madison Food Truck Fest event; and WHEREAS, the Borough Administrator has recommended that such permission be granted; and WHEREAS, the Downtown Development Commission together with the Madison Community Pool Corporation shall be permitted to operate a beer garden subject to such restrictions or conditions as may be required by the Madison Chief of Police; 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 Downtown Development Commission is hereby given permission to hold the Madison Food Truck Fest, on Saturday, October 28, 2018, subject to such safety requirements as may be directed by the Madison Police Department, Fire Department and Health Department and further provided that adequate insurance coverage is provided indemnifying the Borough of Madison from Liability. R 283-2018 RESOLUTION OF THE BOROUGH OF MADISON RESCINDING APPOINTMENT OF ACTING PLUMBING SUBCODE OFFICIAL WHEREAS, Resolution 260-2018 appointed Alexander Fisch to the position of Acting Plumbing Subcode Official on September 24, 2018; and PAGE 13 OF 16 Regular Meeting Minutes – October 10, 2018 WHEREAS, the Borough Administrator has recommended that Resolution 260-2018 be rescinded, as Mr. Fisch will continue as a contractor performing Subcode Official duties until such time as the Borough Council consent to appoint a permanent Subcode Official; and WHEREAS, the Mayor and Council have determined that Resolution 260- 2018 should be rescinded. NOW, THEREFORE, BE IT RESOLVED by the Council of the Borough of Madison in the County of Morris and State of New Jersey, that Resolution 260-2018 is hereby rescinded. R 284-2018 RESOLUTION OF THE BOROUGH OF MADISON APPROVING RAFFLES LICENSE APPLICATIONS SUBMITTED BY MADISON ICE HOCKEY BOOSTER CLUB INC. BE IT RESOLVED by the Council of the Borough of Madison, County of Morris, State of New Jersey, that the following applications for Raffles License, to be held as listed below, be and the same are hereby approved: MADISON ICE HOCKEY BOOSTER CLUB INC. I.D. No. 274-5-40304 February 1, 2019 R.A. No. 1459 – On-premise merchandise R.A. No. 1460 – Off-premise 50/50 Mr. Zach Ellis, Recreation Director, provided information on current condition and use of recreation fields, noting the MRC turf field, while not showing wear, will need to be resurfaced in the next few years. The preference of the Recreation Advisory Committee is to use user fees for the re-skinning of the field. Mr. Ellis also noted that the location of an additional field between the MRC and Madison High School properties has several advantages. Mr. Rowe raised objection to a resolution for user fees noting the Recreation Advisory Committee has not reached a conclusion. Mr. Rowe agrees with the location of a new field, but need to speak with the Board of Education and have more discussion. Mr. Ellis noted that Madison fees are less than surrounding municipalities. Mr. Burnet provided accounting of the Open Space Trust Fund and noted that the RAC committee has suggested $50 per player, but the proposed resolution does not have an amount as discussion continues. Field debt services payments are not covered by the user and rental fees. Mr. Burnet revised the proposed resolution, to include the equivalent of past fees. Ms. Baillie reminded all that in 2003 voters in Madison voted to create an Open Space Fund for this purpose. The Open Space Committee toured fields and agreed to funding. R 280-2018 RESOLUTION OF THE BOROUGH OF MADISON AMENDING RESOLUTION 275-2011 WHICH DEDICATED USER FEES AND RENTAL INCOME TO MRC DEBT SERVICE WHEREAS, Resolution 275-2011 recognized that the recreation user and rental fees collected by the Borough of Madison may be used to pay principal and PAGE 14 OF 16 Regular Meeting Minutes – October 10, 2018 interest on MRC debt and to fund construction of a field house and other amenities on the MRC ; and WHEREAS, the field has has been subsequently constructed; and WHEREAS, the Borough Council wishes to now reserve and restrict the equivalent user and rental fees from 2016 to 2018 and the user and rental fees from 2019 forward for re-skinning of turf fields 1 and 2 at the Madison Recreation Center. NOW, THEREFORE, BE IT RESOLVED by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, that Resolution 275-2011 is hereby amended to provide that the equivalent recreation user and rental fees collected from 2016 to 2018 and the user and rental fees from 2019 forward be restricted and set aside for re-skinning of turf fields 1 and 2 at the Madison Recreation Center. Mr. Giacobbe read the amended resolution. Mr. Rowe moved adoption of the Resolution 280-2018, as amended. Ms. Baillie seconded the motion. There was no further Council discussion and the motion passed with the following roll call vote recorded: Yeas: Mrs. Vitale, Ms. Baillie, Mr. Wolkowitz, Mr. Hoover Nays: Mr. Rowe Absent: Ms. Byrne R 281-2018 RESOLUTION OF THE BOROUGH OF MADISON RESTRICTING OPEN SPACE TRUST FUNDS FOR AN ADDITIONAL TURF FIELD CONTINGENT UPON MATCHING FINANCIAL SUPPORT FROM THE MADISON BOARD OF EDUCATION WHEREAS, the Borough Council has recommended that the Borough reserve Open Space Trust funds for an additional turf field on property owned by the Madison Board of Education; and WHEREAS, the Borough Council wishes to reserve up to $1,000.000.00 Open Space Trust funds for such possible additional turf field on Board of Education property adjacent to Madison Recreation Center turf fields 1 & 2, continent upon matching financial support from the Board of Education. 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 Chief Financial Officer is requested to establish a program to set aside up to one million dollars in Open Space Trust funds for a possible additional turf field contingent upon matching financial support from the Madison Board of Education. Mr. Rowe moved adoption of the Resolution 281-2018 listed on the Consent Agenda. Mrs. Vitale seconded the motion. There was no further Council discussion and the motion passed with the following roll call vote recorded: PAGE 15 OF 16 Regular Meeting Minutes – October 10, 2018 Yeas: Mrs. Vitale, Ms. Baillie, Mr. Wolkowitz, Mr. Rowe, Mr. Hoover Nays: None Absent: Ms. Byrne UNFINISHED BUSINESS - None APPROVAL OF VOUCHERS On motion by Mr. Rowe, seconded by Mrs. Vitale and carried, the following vouchers of the Borough of Madison were approved for payment, and the supporting documentation of said vouchers was made part of the Supplemental Minute Book. Current Fund $205,332.71 General Capital Fund 123,530.73 Electric Operating Fund 310,446.07 Electric Capital Fund 16,097.27 Water Operating Fund 1,818.70 Water Capital Fund 0.00 Trusts 202,808.36 Total $860,033.84 The following roll call vote was recorded approving the aforementioned vouchers: Yeas: Mrs. Vitale, Ms. Baillie, Mr. Wolkowitz, Mr. Rowe, Mr. Hoover Nays: None Absent: Ms. Byrne NEW BUSINESS - None ADJOURN There being no further business to come before the Council, the meeting was adjourned at 9:35 p.m. Respectfully submitted, Elizabeth Osborne Borough Clerk Approved October 22, 2018 (EO) PAGE 16 OF 16