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Mayor & Council

Regular Meeting

Madison, NJ · April 8, 2019

AgendaMinutes

Minutes

MINUTES OF A REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF MADISON April 8, 2019 - 7 p.m. CALL TO ORDER The Regular Meeting of the Mayor and Council of the Borough of Madison was held on the 8th day of April, 2019. Mayor Conley called the meeting to order at 7:00 p.m. in the Committee Room of the Hartley Dodge Memorial, Kings Road, in the Borough of Madison. STATEMENT IN COMPLIANCE WITH THE OPEN PUBLIC MEETINGS ACT The Borough Clerk read the statement pursuant to the Open Public Meetings Act: “In compliance with the Open Public Meetings Act, adequate notice of this meeting of the Council was provided by transmitting a copy of the meeting notice to the Madison Eagle and Morris County Daily Record, posting a copy on the bulletin board at the main entrance of the Hartley Dodge Memorial, and filing a copy in the office of the Clerk, all on January 10, 2019. This Notice was made available to members of the general public.” ROLL CALL The Borough Clerk called the roll and the following acknowledged their presence: Mayor Robert H. Conley Council Members: Carmela Vitale Astri J. Baillie Patrick W. Rowe Maureen Byrne John F. Hoover Debra J. Coen Also Present: Raymond M. Codey, Borough Administrator James E. Burnet, Assistant Borough Administrator Elizabeth Osborne, Borough Clerk Matthew J. Giacobbe, Esq. Borough Attorney AGENDA REVIEW There was approval of the Regular and Executive Agenda. READING OF CLOSED SESSION RESOLUTION Mr. Rowe moved: RESOLVED, that the meeting be adjourned to an Executive Session to consider the following matters: MINUTES FOR APPROVAL (1) None Date of public disclosure 60 days after conclusion, if disclosure required. LITIGATION MATTERS (1) AFFORDABLE HOUSING UPDATE Date of public disclosure 60 days after conclusion, if disclosure required. Regular Meeting Minutes – April 8, 2019 CONTRACT MATTERS (4) SETTLEMENT AGREEMENT 2019 ROAD IMPROVEMENT PROGRAM COMMUNITY PLACE RECONSTRUCTION HEALTH SERVICES CONTRACT Date of public disclosure 60 days after conclusion, if disclosure required. LITIGATION MATTERS (1) PET SHOP ORDINANCE Date of public disclosure 60 days after conclusion, if disclosure required. PERSONNEL MATTERS (1) FIRE DEPARTMENT 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 the Madison Girl Scout Troop #6. APPROVAL OF MINUTES - NONE GREETINGS TO PUBLIC Mayor Conley made the following comments: EMPLOYEE OF THE MONTH: The Employee of the Month for April is Pat Gallagher of the Electric Utility for her support during the transition of the new Electric Utility Superintendent, as well as her work on solar accounts and her professionalism in dealing with residents. PROCLAMATIONS: NJ Local Government Week Proclamation. Proclamation of the Borough of Madison Proclaiming NJ Local Government Week April 7-13, 2019 WHEREAS, local government is the government closest to most citizens, and the one with the most direct daily impact upon its residents; and PAGE 2 OF 26 Regular Meeting Minutes – April 8, 2019 WHEREAS, local government provides services and programs that enhance the quality of life for residents, making their municipality their home; and WHEREAS, local government is administered for and by its citizens, and is dependent upon public commitment to and understanding of its many responsibilities; and WHEREAS, local government officials and employees share the responsibility to pass along the understanding of public services and their benefits; and WHEREAS, NJ Local Government Week offers an important opportunity for elected officials and local government staff to spread the word to all citizens of New Jersey that they can shape and influence this branch of government; and WHEREAS, the NJ State League of Municipalities and its member municipalities have joined together to teach citizens about municipal government through a variety of activities. NOW, THEREFORE, I, Robert H. Conley, Mayor of the Borough of Madison, on behalf of the governing body, do hereby proclaim the week of April 7-13, 2019 as NJ Local Government Week and encourage all citizens, government officials and employees to participate in events that recognize and celebrate NJ Local Government Week and encourage educational partnerships between local government and schools, as well as civic groups and other organizations. _________________________________ Robert H. Conley, Mayor April 8, 2019 Mayor Conley presented ‘April is Child Abuse Awareness and Prevention Month’ Proclamation to members of the Thursday Morning Club. Proclamation of the B o r o u g h o f M a d i s on Proclaiming April is Child Abuse Awareness and Prevention Month AND APRIL 5TH IS CASA CHILD ADVOCACY DAY 2019 WHEREAS, we all have a responsibility as individuals, neighbors, community members and citizens of Madison, New Jersey to help create healthy, nurturing and safe experiences for children; and WHEREAS, healthy and safe childhoods help produce confident and successful adults; and PAGE 3 OF 26 Regular Meeting Minutes – April 8, 2019 WHEREAS, child abuse and neglect often occur when people find themselves in stressful situations without community resources and do not know how to cope; and WHEREAS, incidences of child abuse and neglect can be reduced by making sure all families have the support they need and deserve to raise their children in healthy environments; and WHEREAS, Court Appointed Special Advocates (CASA) is authorized by state statute and federal law to help the court and child welfare systems make “best interest” decisions on behalf of children removed from home because of abuse or neglect; and WHEREAS, CASA volunteer advocates in Madison help to ensure that abused and neglected children who are placed in foster care and other out-of-home placements are safe and receive the services they need to achieve well-being; and WHEREAS, CASA advocates reduce the number of moves between placements, help shorten overall time a child remains in placement and serve as a consistent person in the child’s life until that child achieves permanency in a safe home with a loving family; NOW, THEREFORE, I, Robert H. Conley, Mayor of the Borough of Madison, on behalf of the governing body, do hereby proclaim April 2019 as Child Abuse Awareness and Prevention Month in Madison and April 5th as CASA Child Advocacy Day 2019 and urge all citizens to support the CASA network across New Jersey as it strengthens families and helps children learn, grow and thrive. ___________________________________ Robert H. Conley, Mayor April 8, 2019 Mayor Conley presented Week of the Young Child Proclamation to Katie Wojacek and Harriet McCarter of the F.M. Kirby Children’s Center. Proclamation of the B o r o u g h o f M a d i s on Proclaiming Week of the Young Child™ April 8-12, 2019 WHEREAS, the Week of the Young Child™ was first established in 1971, recognizing that the early childhood years lay the foundation for children’s success in school and later life; and PAGE 4 OF 26 Regular Meeting Minutes – April 8, 2019 WHEREAS, the purpose of the Week of the Young Child™ is to focus public attention on the needs of young children and their families and to recognize the early childhood programs and services that meet those needs; and WHEREAS, the F.M. Kirby Children’s Center, the Northwest Chapter of the New Jersey Association for the Education of Young Children and other local organizations, in conjunction with the National Association for the Education of Young Children, are celebrating the Week of the Young Child™ April 8-12, 2019; and WHEREAS, these organizations are working to improve early learning opportunities, including early literacy programs, that can provide a foundation of learning for young children; and WHEREAS, teachers and others who make a difference in the lives of young children in the Borough of Madison deserve thanks and recognition; and WHEREAS, public policies that support early learning for all young children are crucial to young children’s futures; NOW, THEREFORE, I, Robert H. Conley, Mayor of the Borough of Madison, on behalf of the governing body, do hereby proclaim April 8-12, 2019 as the Week of the Young Child™ and encourage all citizens to work to make a good investment in early childhood in our community. _________________________________ Robert H. Conley, Mayor April 8, 2019 Mayor Conley issued the Oath of Office to Volunteer Firefighters Santiago Lopez and Thomas Johnson. REPORTS OF COMMITTEES Public Safety Ms. Baillie, Chair of the Committee, made the following comments: During the month of March, the Fire Department responded to 24 General Alarms, 20 Still Alarms, 35 Investigations and 29 Medical Calls for a total of 108 Calls for the month of March. The Fire Department participated in the “Every 15 Minutes” program held at the Madison High School and on February 3, 2019 Volunteer Member Doug Halme passed away. He was a volunteer from 1959 until 1986 (27 years) when he retired as an engineer in the tool & die industry and moved to Maine. A WWII veteran, Doug served in the Navy as a navigator aboard the USS Charles S. Perry. Mr. Halme was 94 years of age. The Police Department warns residents of several a one ring phone scam, with a reminder not to provide personnel information over the phone. Finance and Borough Clerk Mrs. Vitale, Chair of the Committee, made the following comments: The 2019 municipal budget was forwarded to the State for review by the CFO. The public hearing and adoption are scheduled for the April 22nd Council meeting. PAGE 5 OF 26 Regular Meeting Minutes – April 8, 2019 Please visit the annual Budget Process page on rosenet. for additional information. On April 15th a $33.5 million semiannual bond debt payment will be made. Utilities Mr. Rowe, Chair of the Committee, made the following comments: On Friday, March 29th, the Electric Department became aware of a problem with cut-out boxes that needed repair on Prospect Street. Replacing the boxes required an interruption of electrical service. Rather than interrupting service to the many businesses on Prospect Street, a 4-man crew came in at 4:00 am on Saturday morning to make the repairs. They did a great job with minimal disruption to our customers. Electrical work at the Atlantic Healthcare building at Giralda Farms has been completed. For the Water Department, the contractor has completed the installation of a new 8” water main from West End Ave. to Seven Oaks Circle. Services connections from the new main line to homes from John Marshall Lane to West End Ave. are complete. The intersection connections to John Marshall Lane, Overhill and Hunter Drives, Seven Oaks Circle and Lorraine Road will be scheduled shortly. These connections will interrupt services with 24-hour notice before interruption of service. The Department coordinated with the Madison Pool in turning the water on at the pool. Public Works and Engineering Ms. Byrne, Chair of the Committee, made the following comments: The 2019 Road Improvement projects i had a successful bid Thursday March 28th. The Community Place reconstruction bid resulted in a successful single low bidder, which still violated federal regulation and therefore requires a rebid. A new bid date will be scheduled. The Well A/B Treatment Plant electric starters and switching equipment will be installed by Ray Palmer construction and made operational this week. The historic qualifications request for Hartley Dodge Memorial has been re- advertised to a larger group of bidders with a response date of May 16th. Dodge Field building plans and estimates will be available from the architect for the playground building later this week. The Electric Storage Building foundation work will begin later this month by MBT General Contracting. The Environmental Commission is working to reduce the use of plastic. Community Affairs Mr. Hoover, Chair of the Committee, made the following comments: The Senior Citizen Advisory Committee will meet on April 11, 2019 at 2:00 p.m. all are invited to attend. The annual spring luncheon will be held April 17th. A senior bus trip to the Broadway show ‘Beautiful’ is scheduled for May 18th, all are invited. May Day will take place Saturday, May 4th and Madison Into the Yellow will kick off a celebration of Optimism and Resilience in Honor of National Mental Health Month This annual, week-long series of arts, educational and social events will support and celebrate local community mental health resources. A new event ’SummerFest’ is planned for Saturday, June 15, 2019 from 12:00 - 6:00 p.m., with more information to follow. The Madison Chamber of Commerce will once again offer Loyalty Cards, available at the Madison Pharmacy and will hold a Funfest on Waverly. Ladies night will be held downtown May 9th. The Recreation Advisory Committee is evaluating user fees. Mr. Hoover thanked Tru Green lawn care for their work on the ball field. Health Ms. Coen, Chair of the Committee, made the following comments: The Health Department is sponsoring Health Screenings for both men and women. Women’ health screening is Monday April 29th and Men’s Screening is Monday, May PAGE 6 OF 26 Regular Meeting Minutes – April 8, 2019 6th. Please call for an appointment and further details. MAASA is sponsoring mindful parenting classes. Topics include Mindful Parenting, Anxiety and Screen time. The Public Health Nursing Department has posted information about traveling with young infants and protection from Measles on the Borough’s website. The Madison Health Department has applied for the NJ Department of Health influenza honor roll which recognizes efforts in flu prevention and education. Springtime brings with it various concerns that homeowners should be aware include being conscientious about lawn/property maintenance, noise issues and avoiding feeding animals outdoors. Pet licensing is finalizing dog/cat licenses for 2019. Many notifications were sent to advise registered pet owners of this annual responsibility. The staff would like to thank those who have graciously sent in their renewals and paid the court fines. The next Board of Health meeting is Tuesday, April 16th at 7:30 p.m. COMMUNICATIONS AND PETITIONS The Borough Clerk announced receipt seventeen emails dated April 4, 2019 through April 8, 2019, both supporting and opposing the proposed Ordinance 11-2019 regarding pet shops. 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. Kathy Dailey; West End Avenue, inquired about Resolution 130-2019, and other shared service contracts. AGENDA DISCUSSIONS 04/08/2019-1 KINDNESS GARDEN PRESENTATION Madison Girls Scout Troop # 453 member Bethany Bradshaw provided information and sample painted rocks to discuss a proposed kindness garden at Cole Park Decorated rocks collected around the world are placed in a tranquil area for residents to use for relaxation, reflection. Mrs., Vitale noted that Ms. Bradshaw will work with Public Works Direct Ken O’Brien. 04/08/2019-2 ENVIRONMENTAL COMMISSION - PLASTIC FREE WEEK Claire Whitcomb of the Madison Environmental Commission introduced initiatives for a Plastic Free Week in Madison. A multi town coalition in Morris County gathered to help reduce the use of plastic. The committee proposes seven actions, including reusable shopping bags, paper straws, reusable take out supplies. Bags will be distrusted at Stop n Shop and Ms. Whitcomb asked residents to take an online pledge to go plastic free. There was agreement to list a resolution supporting plastic free week. Resolution 123-2019 is 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 March 25, 2019, were introduced by title PAGE 7 OF 26 Regular Meeting Minutes – April 8, 2019 and passed on first reading, were published in the Madison Eagle and made available to members of the general public requesting same. Mayor Conley called up Ordinances for second reading and asked the Clerk to read said ordinances by title: ORDINANCE 8-2019 CALENDAR YEAR 2019 ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK (N.J.S.A. 40A: 4-45.14) WHEREAS, the Local Government Cap Law, N.J.S. 40A: 4-45.1 et seq., provides that in the preparation of its annual budget, a municipality shall limit any increase in said budget to 2.5% unless authorized by ordinance to increase it to 3.5% over the previous year’s final appropriations, subject to certain exceptions; and, WHEREAS, N.J.S.A. 40A: 4-45.15a provides that a municipality may, when authorized by ordinance, appropriate the difference between the amount of its actual final appropriation and the 3.5% percentage rate as an exception to its final appropriations in either of the next two succeeding years; and, WHEREAS, the Borough Council of the Borough of Madison in the County of Morris finds it advisable and necessary to increase its CY 2019 budget by up to 3.5% over the previous year’s final appropriations, in the interest of promoting the health, safety and welfare of the citizens; and, WHEREAS, the Borough Council hereby determines that a 3.5% increase in the budget for said year, is estimated to be $198,021.19 in excess of the increase in final appropriations otherwise permitted by the Local Government Cap Law, is advisable and necessary; and, WHEREAS the Borough Council hereby determines that any amount authorized hereinabove that is not appropriated as part of the final budget shall be retained as an exception to final appropriations in either of the next two succeeding years. NOW THEREFORE BE IT ORDAINED, by the Borough Council of the Borough of Madison, in the County of Morris, a majority of the full authorized membership of this governing body affirmatively concurring, that, in the CY 2019 budget year, the final appropriations of the Borough of Madison shall, in accordance with this ordinance and N.J.S.A. 40A: 4-45.14, be increased up to 3.5%, amounting to $693,074.17 and that the CY 2019 municipal budget for the Borough of Madison be approved and adopted in accordance with this ordinance; and, BE IT FURTHER ORDAINED, that any amount authorized herein above that is not appropriated as part of the final budget shall be retained as an exception to final appropriation in either of the next two succeeding years; and, BE IT FURTHER ORDAINED, that a certified copy of this ordinance as introduced be filed with the Director of the Division of Local Government Services within 5 days of introduction; and, BE IT FURTHER ORDAINED, that a certified copy of this ordinance upon adoption, with the recorded vote included thereon, be filed with said Director within 5 days after such adoption. Mayor Conley opened up the public hearing on Ordinance 8-2019. PAGE 8 OF 26 Regular Meeting Minutes – April 8, 2019 Kathy Dailey; West End Avenue, inquired about the purpose of a Cap Bank Ordinance. Since no other member of the public wished to be heard, the public hearing was closed. Mrs. Vitale moved that Ordinance 8-2019, which the Borough Clerk read by title, be adopted. Ms. Byrne seconded the motion. There was no Council discussion, and the motion passed with the following roll call vote recorded: Yeas: Mrs. Vitale, Ms. Baillie, Mr. Rowe, Ms. Byrne, Mr. Hoover, Ms. Coen Nays: None Mayor Conley declared Ordinance 8-2019 adopted and finally passed and ordered the Clerk to publish the notice thereof in the newspaper and to record the ordinance as required by law. ORDINANCE 9-2019 ORDINANCE OF THE BOROUGH OF MADISON APPROPRIATING $310,000.00 FROM THE GENERAL CAPITAL IMPROVEMENT FUND FOR THE 2019 SANITARY SEWER PROGRAM WHEREAS, the Borough Engineer has recommended that the Borough appropriate $310,000.00 from the General Capital Improvement Fund for the 2019 Sanitary Sewer Improvements program; and WHEREAS, the Chief Financial Officer has attested to the availability of the funds in the General Capital Improvement Fund in an amount not to exceed $310,000.00 for this purpose; and WHEREAS, the Borough Council has determined that the Borough should appropriate $310,000.00 from the General Capital Improvement Fund for the 2019 Sanitary Sewer Improvements program. NOW, THEREFORE, BE IT ORDAINED by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, as follows: SECTION 1: The amount of $310,000.00 is hereby appropriated from the General Capital Improvement Fund for the 2019 Sanitary Sewer Improvements program. SECTION 2: The budget of the Borough is hereby amended to conform with the provisions of this Ordinance. SECTION 3: This Ordinance shall take effect as provided by law. Mayor Conley opened up the public hearing on Ordinance 9-2019. Since no member of the public wished to be heard, the public hearing was closed. PAGE 9 OF 26 Regular Meeting Minutes – April 8, 2019 Ms. Byrne moved that Ordinance 9-2019, which the Borough Clerk read by title, be adopted. Mr. Hoover seconded the motion. There was no Council discussion, and the motion passed with the following roll call vote recorded: Yeas: Mrs. Vitale, Ms. Baillie, Mr. Rowe, Ms. Byrne, Mr. Hoover, Ms. Coen Nays: None Mayor Conley declared Ordinance 9-2019 adopted and finally passed and ordered the Clerk to publish the notice thereof in the newspaper and to record the ordinance as required by law. ORDINANCE 10-2019 ORDINANCE OF THE BOROUGH OF MADISON AMENDING CHAPTER 195 OF THE MADISON BOROUGH CODE, LAND DEVELOPMENT ORDINANCE, TO AMEND SECTION 30.5B (2) REQUIREMENTS FOR ACCESSORY STRUCTURES AND USES WHEREAS, the Borough Council has determined to amend Chapter 195 of the Borough Code, the Madison Land Development Ordinance, Section 195-30.5, entitled “Accessory structures and uses” and refer same to the Madison Borough Planning Board for their review; and WHEREAS, the Borough Council has considered the proposed amendment to the Madison Land Development Ordinance and wishes to amend the Code. NOW, THEREFORE, BE IT ORDAINED by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, that Chapter 195 of the Borough Code entitled “Madison Land Development Ordinance”, shall be amended as follows: SECTION 1: Section 195-30.5, entitled “Accessory structures and uses” is hereby amended to add the following section: §195-30.5B (2). Accessory structures and uses. .... B. The following requirements shall be complied with in all residential zones: …. (2) No accessory building shall have floor or ground area in excess of 500 square feet or 1/3 of the floor or ground area of the principal building, whichever is greater less. SECTION 2: All other provisions of the Ordinance not inconsistent herewith shall remain the same. SECTION 3: This Ordinance shall take effect as provided by law. Mayor Conley opened up the public hearing on Ordinance 10-2019. Since no member of the public wished to be heard, the public hearing was closed. PAGE 10 OF 26 Regular Meeting Minutes – April 8, 2019 Ms. Byrne moved that Ordinance 10-2019, which the Borough Clerk read by title, be adopted. Mr. Hoover seconded the motion. There was no Council discussion, and the motion passed with the following roll call vote recorded: Yeas: Mrs. Vitale, Ms. Baillie, Mr. Rowe, Ms. Byrne, Mr. Hoover, Ms. Coen Nays: None Mayor Conley declared Ordinance 10-2019 adopted and finally passed and ordered the Clerk to publish the notice thereof in the newspaper and to record the ordinance as required by law. ORDINANCE 11-2019 ORDINANCE OF THE BOROUGH OF MADISON AMENDING AND SUPPLEMENTING CHAPTER 59 OF THE BOROUGH CODE PROHIBITING THE RETAIL SALE OF CERTAIN DOGS AND CATS IN THE BOROUGH WHEREAS, Chapter 59 contains regulations pertaining to the operation of kennels, pet shops, shelters and pounds in the Borough; and WHEREAS, according to the Humane Society of the United States (“HSUS”), inspection records show that many USDA-licensed breeders breed dogs or cats in relatively inhuman conditions. These breeders are commonly referred to as “puppy mills” or “kitten factories.” Documented problems of “puppy mills” include: over-breeding; inbreeding; veterinary care that does not meet the same standards as other breeders; relatively poor quality of food and shelter; lack of human socialization; and overcrowded cages; and WHEREAS, dogs bred in “puppy mills” are more likely to have behavior and/or health problems. While “kitten factories” are not as common as “puppy mills”, similar problems are reported regarding “kitten factories”; and WHEREAS, according to the American Society for the Prevention of Cruelty to Animals (“ASPCA”), fearful behavior and lack of socialization with humans and other animals are common characteristics of dogs from “puppy mills” and kittens from “kitten factories”; and WHEREAS, N.J.S.A. 4:19-15-8 contemplates municipal approval as a prerequisite to the establishment of pet shops for the retail sale of dogs and cats; and .WHEREAS, the Mayor and Council finds that, in addition to State and Federal laws, the Borough has a local responsibility to promote animal PAGE 11 OF 26 Regular Meeting Minutes – April 8, 2019 welfare and encourage best practices in the breeding and purchasing of dogs and cats; and WHEREAS, the Mayor and Council recognize that not all dogs and cats retailed in pet shops are products of inhumane breeding conditions and would not classify every commercial breeder selling dogs or cats to pet shops as a “puppy mill” or” kitten factory”, but it wishes to facilitate the reduction/elimination of the practice; and WHEREAS, the Mayor and Council agree that restricting the sale of dogs and cats in retail establishments to those that are obtained from animal shelters and rescue organizations will improve animals’ lives and will reduce the cost to the public for sheltering such needy animals; and WHEREAS, the Mayor and Council believe that a ban on the retail sale of dogs and cats procured from sources other than animal shelters and rescue organizations (or displayed in cooperation with animal shelters or rescue organizations) will provide community awareness of animal welfare, and in turn, will encourage a more humane environment in the Borough and will be in the best interests of the public health, safety and welfare, and in the best interests of the dogs and cats in the Borough; and WHEREAS, the Council of the Borough of Madison finds that it is in the best interests of the citizens of the Borough of Madison to amend and supplement Chapter 59 as set forth below. 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 59 entitled “Animals and Rabies Control” shall be amended by creating Article 18 entitled “Regulation of Pet Sales”, which shall read in its entirety as follows: Article 18. Sale of Dogs and Cats (a) Definitions. Animal Care Facility shall mean any facility operated by a nonprofit humane agency, municipal agency, or any other authorized agent for the Borough for the purpose of impounding or caring for animals held under the authority of this Chapter or State Law. PAGE 12 OF 26 Regular Meeting Minutes – April 8, 2019 Kennel shall mean any establishment wherein or whereon the business of boarding and/or breeding dogs or cats for sale is carried on, except a pet shop. Kennel operator shall mean a person who owns or operates a kennel, or both. Legally existing nonconforming use shall mean any pet store or pet store operator that displayed, sold, delivered, offered for sale, or otherwise disposed of dogs or cats in the Borough prior to the effective date of this Ordinance. Pet Shop or Pet Store shall mean retail establishments open to the public wherein animals, including but not limited to dogs or cats, are kept or displayed chiefly for the purpose of sale to individuals for personal appreciation and companionship rather than for business or research purposes. Pet shop operator or pet store operator shall mean a person who owns or operates a pet shop or pet store, or both. Pound shall mean an establishment for the confinement of dogs or other animals seized either under the provision of N.J.S.A. 4:19-15.1 et seq. or otherwise. Rescue Organization shall mean any facility where homeless, stray, abandoned, rescued or unwanted animals are received, harbored, maintained or made available for adoption to the general public and which is owned, operated or maintained by a duly incorporated humane society, animal welfare society, society for the prevention of the cruelty to animals or other nonprofit or tax exempt organization devoted to the welfare, protection and humane treatment of animals. (b) Prohibited acts; exceptions. All pet shops, pet shop owners, kennels or kennel operators shall only sell, offer for sale, barter, auction, breed or otherwise dispose of dogs and cats in the Borough of Madison that were obtained from a licensed animal shelter or rescue organization or in cooperation with a licensed animal shelter or rescue organization. No pet shop, pet shop owner, kennel or kennel operator may sell, offer for sale, barter, auction, breed or otherwise dispose of dogs and cats in the PAGE 13 OF 26 Regular Meeting Minutes – April 8, 2019 Borough of Madison that were acquired from a source other than a licensed animal shelter or rescue organization, unless said acquisition was in cooperation with a licensed animal shelter or rescue organization No pet shop, pet shop owner, kennel or kennel operator may sell, offer for sale, barter auction, breed or otherwise dispose of dogs and cats in the Borough of Madison that are younger than eight weeks old. This section shall not apply to legally existing nonconforming uses or to the adoption of dogs or cats, or both. Nothing contained herein shall prohibit a shelter, pound or other establishment from keeping, displaying, selling or otherwise transferring any dog, cat or both, that has been seized, rescued or donated. (c) Violations and penalties. 1. Any person who violates, or fails or refuses to comply with, any one or more provisions of this article shall be subject to a fine of not more than $2,000, or up to the maximum amount permitted by state law, for each separate offense or confinement in the Morris County Jail for a period of not more than 90 days, or community service for a period of not more than 90 days, or any combination of fine, imprisonment and/or community service, as determined at the discretion of the Municipal Court Judge. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be subject to penalties as provided herein for each separate offense. 2. The Violation of any one or more provisions of this article shall be subject to abatement, summarily by a restraining order or by injunction issued by a court of competent jurisdiction. All Ordinances, or parts thereof, inconsistent with the provisions of this Ordinance be and the same are hereby repealed to the extent of such inconsistency. Should any section, paragraph, clause or any other portion of this Ordinance be adjudged by a court of competent jurisdiction to be invalid, such judgment shall not affect or impair the remainder of this Ordinance. This ordinance shall take effect upon its passage and publication according to law. PAGE 14 OF 26 Regular Meeting Minutes – April 8, 2019 Mayor Conley opened up the public hearing on Ordinance 11-2019. The following members of the public provided comment regarding the adoption of Ordinance 11-2019: Allison Deed; Morristown, NJ Jaclyn Callen; Chester, NJ Theresa Nicoletti; Point Pleasant, NJ Janet Fisher; Manasquan, NJ, Rachel Barry; Green Village Road Tammy Probit; Point Pleasant, Joanne Ferrer, Bridgeport, NJ Leslie Moran; Randolph, NJ Michael Glass; Pennsylvania Cidney Knolls; Tewesbury, NJ Liz Willette; Myrtle Avenue Greg Maynes; Myrtle Avenue Dave Fisher; Manasquan, NJ Nina Perkin; Madison-St. Hubert’s Jess Montuori; White House Station, NJ Barbara Reichman; Long Valley, NJ Kathryn Neice; Budd Lake, NJ Jeff Morton; Union, NJ Linda Hartheimer; Parsippany, NJ Since no other member of the public wished to be heard, the public hearing was closed. Ms. Coen moved that Ordinance 11-2019, which the Borough Clerk read by title, be withdrawn. Mrs. Vitale seconded the motion. There was no further Council discussion, and the motion passed with the following roll call vote recorded: Yeas: Mrs. Vitale, Ms. Baillie, Mr. Rowe, Ms. Byrne, Mr. Hoover, Ms. Coen Nays: None Mayor Conley declared Ordinance 11-2019 withdrawn. PAGE 15 OF 26 Regular Meeting Minutes – April 8, 2019 ORDINANCE 12-2019 ORDINANCE OF THE BOROUGH OF MADISON AMENDING CHAPTER 190 OF THE MADISON BOROUGH CODE ENTITLED “WATER” TO UPDATE THE WATER CONNECTION FEE SCHEDULE WHEREAS, the Borough Engineer and Borough Auditor have recommended that the Borough amend Chapter 190 of the Madison Borough Code entitled “Water” to include an updated water connection fee schedule; and WHEREAS, Nisivoccia and Company, LLP, Certified Public Accountants and consultant to the Borough, has performed a study of the capital costs and interest on debt service together with the number of equivalent users at December 31, 2018, and based on such study has recommended a water connection fee in the amount of $3,706.00 for new customers; and WHEREAS, such water connection fee is authorized by N.J.S.A. 40A:31-11 entitled “County and Municipal Water Supply”. NOW, THEREFORE, BE IT ORDAINED by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, as follows: SECTION 1: Chapter 190-11.2 of the Madison Borough Code, currently entitled “Connection fee” is hereby amended as follows: §190-11.2 Connection fee There shall be a water connection fee established in accordance with N.J.S.A. 40A:31-11 in addition to the fees for department services set forth in Section 190-33. The water connection fee for the remainder of 2019 shall be: A. For single family dwelling units, $3,706.00, and for multiple dwelling units, $3,706.00 per unit. B. In the case of any building or portion thereof to be used for industrial, commercial, educational or other than dwelling purposes, the Borough Engineer shall determine by accepted standards the number of units to be connected or added to an existing connection; where a unit equals an annual average daily flow of 245 gallons or fraction thereof: $3,706.00 per unit. This fee shall, pursuant to statute, be recalculated at the end of each budget year and may be reset by ordinance of the Borough Council after public hearing, on a yearly basis. The water connection fee shall be payable in full to the Borough of Madison at the time a building water connection permit is PAGE 16 OF 26 Regular Meeting Minutes – April 8, 2019 issued for connection to the municipal water system by the Borough of Madison. SECTION 2: This Ordinance shall take effect on July 1, 2019. Mayor Conley opened up the public hearing on Ordinance 12-2019. Since no member of the public wished to be heard, the public hearing was closed. Mrs. Vitale moved that Ordinance 12-2019, which the Borough Clerk read by title, be adopted. Ms. Byrne seconded the motion. There was no Council discussion, and the motion passed with the following roll call vote recorded: Yeas: Mrs. Vitale, Ms. Baillie, Mr. Rowe, Ms. Byrne, Mr. Hoover, Ms. Coen Nays: None Mayor Conley declared Ordinance 12-2019 adopted and finally passed and ordered the Clerk to publish the notice thereof in the newspaper and to record the ordinance as required by law. ORDINANCE 13-2019 ORDINANCE OF THE BOROUGH OF MADISON AMENDING CHAPTER 155 OF THE MADISON BOROUGH CODE ENTITLED “SEWER” TO UPDATE THE SEWER CONNECTION FEE SCHEDULE WHEREAS, the Borough Engineer and Borough Auditor have recommended that the Borough amend Chapter 155 of the Madison Borough Code entitled “Sewer” to include an updated sewer connection fee schedule; and WHEREAS, Nisivoccia and Company, LLP, Certified Public Accountants and consultant to the Borough, has performed a study of the capital costs and interest on debt service together with the number of equivalent users at December 31, 2018, and based on such study has recommended a sewer connection fee in the amount of $6,127.00 for new customers; and WHEREAS, such sewer connection fee is authorized by N.J.S.A. 40A:26A- 11 entitled “Municipal and County Sewerage Facilities”. NOW, THEREFORE, BE IT ORDAINED by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, as follows: SECTION 1: Chapter 155-4A of the Madison Borough Code, currently entitled “Connection expenses; responsibility for maintenance, repair and replacement of laterals” is hereby amended as follows: §155-4 Connection fees; connection expenses; responsibility for maintenance, repair and replacement of laterals. A. Sewer connection fees. PAGE 17 OF 26 Regular Meeting Minutes – April 8, 2019 There shall be a basic connection fee established in accordance with N.J.S.A. 40A:26A-11. The fee for the remainder of 2018 shall be: 1. For single family dwelling units, $6,127.00, and for multiple dwelling units, $6,127.00 per unit. 2. In the case of any building or portion thereof to be used for industrial, commercial, educational or other than dwelling purposes, the Borough Engineer shall determine by accepted standards the number of units to be connected or added to an existing connection; where a unit equals an annual average daily flow of 262 gallons or fraction thereof: $6,127.00 per unit. This fee shall, pursuant to statute, be recalculated at the end of each budget year and may be reset by ordinance of the Borough Council after public hearing, on a yearly basis. The sewer connection fee is based upon the usage of a single dwelling unit or equivalent discharge. The sewer connection fee shall be payable in full to the Borough of Madison at the time a building sewer permit is issued for connection to the public sanitary sewer by the Borough of Madison. SECTION 2: This Ordinance shall take effect on July 1, 2019. Mayor Conley opened up the public hearing on Ordinance 13-2019. Since no member of the public wished to be heard, the public hearing was closed. Mrs. Vitale moved that Ordinance 13-2019, which the Borough Clerk read by title, be adopted. Ms. Byrne seconded the motion. There was no Council discussion, and the motion passed with the following roll call vote recorded: Yeas: Mrs. Vitale, Ms. Baillie, Mr. Rowe, Ms. Byrne, Mr. Hoover, Ms. Coen Nays: None Mayor Conley declared Ordinance 13-2019 adopted and finally passed and ordered the Clerk to publish the notice thereof in the newspaper and to record the ordinance as required by law. INVITATION FOR DISCUSSION (2 of 2) Mayor opened the meeting to the public for their opportunity to ask questions and make comments on any subject. Mayor asked that, upon recognition by the Chair, the person shall proceed to the lectern and give his/her name and address in an audible tone of voice, and print the same on the sheet provided for the record. He/she shall limit his/her statement to three (3) minutes or less. PAGE 18 OF 26 Regular Meeting Minutes – April 8, 2019 Since no member of the public wished to be heard, the invitation for discussion was closed. INTRODUCTION OF ORDINANCES ORDINANCE 14-2019 Item removed from the Agenda and the # retired. CONSENT AGENDA RESOLUTIONS The Clerk made the following statement: Consent Agenda Resolutions will be enacted with a single motion; any Resolution requiring expenditure is supported by a Certification of Availability of Funds; any Resolution requiring discussion will be removed from the Consent Agenda; all Resolutions will be reflected in full in the minutes. Ms. Baillie moved adoption of the Resolutions listed on the Consent Agenda. 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, Ms. Coen Nays: None R 118-2019 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING EXECUTION OF A SETTLEMENT AND RELEASE AGREEMENT WHEREAS, certain matters have arisen pertaining to Timothy Battillo’s employment with the Borough of Madison (“Borough”); and WHEREAS, Timothy Battillo has agreed to a Settlement Agreement and Release and executed same on March 27, 2019; and WHEREAS, the Borough Council has reviewed the Settlement Agreement and Release and seeks to accept and agree to the terms of same; and NOW, THEREFORE BE IT RESOLVED, by the Borough Council of the Borough of Madison, County of Morris, State of New Jersey, as follows: 1). The Borough hereby accepts, agrees and ratifies the terms and conditions of the Settlement Agreement and Release dated March 27, 2019 between the Borough of Madison and Timothy Battillo; and 2). The Borough hereby authorizes the Mayor to execute the Settlement Agreement and Release dated March 27, 2019; and 3). That this resolution shall take effect immediately. R 119-2019 RESOLUTION OF THE MADISON BOROUGH COUNCIL AWARDING CONTRACT TO JOMED CONTRACTING, INC. IN THE AMOUNT OF $592,981.17 FOR THE 2019 ROAD IMPROVEMENT PROGRAM WHEREAS, the Borough of Madison publicly advertised bids for the 2019 Road Improvement Program; and PAGE 19 OF 26 Regular Meeting Minutes – April 8, 2019 WHEREAS, the lowest qualified bid was submitted by JoMed Contracting, Inc. in the amount of $592,981.17 for the base bid, plus certain bid alternates; and WHEREAS, the Borough Engineer has recommended that the Borough Council award the contract to JoMed Contracting, Inc. in the amount of $592,981.17 for the base bid, plus bid alternates; and WHEREAS, funds are available in Ordinance 1-2019 and 2-2019 or in any other account that may be deemed appropriate by the Chief Financial Officer or his designee, and the availability of funds has been contingently certified by the Chief Financial Officer pending approval of the 2019 budget. NOW, THEREFORE, BE IT RESOLVED by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, as follows: 1. The contract for the 2019 Road Improvement Program is hereby awarded to JoMed Contracting, Inc. based upon its bid in the amount of $592,981.17 for the base bid, plus bid alternates. 2. The Mayor and Borough Clerk are hereby authorized and directed on behalf of the Borough to enter into the contract with JoMed Contracting, Inc. in a form acceptable to the Borough Attorney. R 120-2019 RESOLUTION OF THE BOROUGH OF MADISON APPROVING TEMPORARY SIGNS FOR MADISON EDUCATION FOUNDATION 16TH ANNUAL 5K RACE WHEREAS, the Madison Education Foundation has requested permission to put up temporary signs advertising the Annual 5k Race on May 5, 2019; and WHEREAS, the signs would be located throughout the Borough, commencing on April 15, 2019 and removed by May 9, 2019; and WHEREAS, the Borough Administrator has recommended that sign regulations be waived to permit up to twenty-five (25) signs be displayed. NOW, THEREFORE, BE IT RESOLVED, by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, that the request of the Madison Education Foundation to put up temporary signs for the Annual 5k Race as described herein from April 15, 2019 to May 9, 2019, is approved. R 121-2019 RESOLUTION OF THE BOROUGH OF MADISON RATIFYING APPOINTMENT OF MATTHEW KEANE AND LUCAS MCCORRY AS INTERNS IN THE MADISON FIRE DEPARTMENT PAGE 20 OF 26 Regular Meeting Minutes – April 8, 2019 WHEREAS, the Fire Chief has recommended the appointment of Matthew Keane and Lucas McCorry as part-time unpaid Interns in the Madison Fire Department; and WHEREAS, the Borough Council agrees with this recommendation. NOW, THEREFORE, BE IT RESOLVED, by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, that the appointment of Matthew Keane and Lucas McCorry as part-time unpaid Interns in the Madison Fire Department, is hereby approved. R 122-2019 RESOLUTION OF THE BOROUGH OF MADISON APPROVING DOWNTOWN DEVELOPMENT COMMISSION EVENT SATURDAY, JUNE 15, 2019 AS THE ROSE CITY SUMMERFEST AND AUTHORIZING BEER GARDEN WHEREAS, the Mayor and Council of the Borough of Madison support the celebration of the Rose City Summerfest; and WHEREAS, the Rose City Summerfest will provide an excellent opportunity for all residents of Madison to participate in a Borough recreational activity. NOW, THEREFORE, BE IT RESOLVED, by the Council of the Borough of Madison, County of Morris, State of New Jersey, that approval to hold the Rose City Summerfest June 15, 2019 is hereby granted. BE IT FURTHER RESOLVED, that the following activities are hereby authorized between the hours of 12 p.m. and 6 p.m.: (1) Closing of Kings Road from Green Avenue to Prospect Street and Maple Avenue to the Hartley Dodge Memorial Driveway. (2) Vendors, entertainment and activities shall be allowed to set up at various locations that are approved by the Police Department and the Assistant Borough Administrator/CFO. (3) The Downtown Development Commission together with the Madison Main Street Foundation shall be permitted to operate a beer garden on Maple Avenue, subject to such restrictions or conditions as may be required by the Madison Chief of Police. R 123-2019 RESOLUTION OF THE BOROUGH OF MADISON SUPPORTING PLASTIC FREE WEEK IN THE BOROUGH OF MADISON WHEREAS, the Madison Environmental Commission wishes to hold a Plastic Free Week in Madison from April 27th to May 4th, 2019 to encourage residents and merchants to take simple steps to help the environment by pledging to reduce the use of plastic; and PAGE 21 OF 26 Regular Meeting Minutes – April 8, 2019 WHEREAS, Plastic Free Week includes registering residents and shoppers along Main Street to pledge to go Plastic Free. 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 of Madison supports Plastic Free week in Madison April 27th to May 4th, 2019. R 124-2019 RESOLUTION OF THE BOROUGH OF MADISON REJECTING THE SOLE BID FOR THE COMMUNITY PLACE RECONSTRUCTION PROJECT WHEREAS, the Borough of Madison publicly advertised for bids for the reconstruction of Community Place in accordance with Local Public Contracts Law N.J.S.A. 40A:11-1 et seq.; and WHEREAS, the Borough received one (1) bid from JoMed Contracting, Inc. in the amount of $182,280.49; and WHEREAS, the federal funding requirements of the County of Morris, Department of Human Services, under the Community Development Block Grant (CDBG) Program, requires two or more responsible bids to be submitted by suppliers willing and able to compete effectively. 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 bid for the reconstruction of Community Place is hereby rejected for the reasons set forth herein, and the Borough Administrator is authorized to solicit new bids. R 125-2019 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING MADISON CHAMBER OF COMMERCE SIDEWALK SALES AND MERCHANT OPEN HOUSE ON SATURDAY, APRIL 27, 2019 WHEREAS, the Madison Chamber of Commerce applied for permission to hold sidewalk sales on the North side and South side of Main Street from Green Village Road to Greenwood Avenue, and on the North side of Main Street and Park Avenue from Green Village Road to Ridgedale Avenue, and on the East and West sides of Waverly Place and on Central Avenue from Main Street to Elmer Street, and on Lincoln Place on Saturday April 27, 2019 from 9:00 a.m. to 6:00 p.m.; and WHEREAS, the Council has determined that permission should be granted provided that the Chamber of Commerce agrees to keep a clearance of at least ten (10) feet from all fire hydrants and keep entrances and pathways to all stores/apartments clear. NOW, THEREFORE, BE IT RESOLVED, by the Council of the Borough of Madison, in the County of Morris, State of New Jersey, that the request for the PAGE 22 OF 26 Regular Meeting Minutes – April 8, 2019 Madison Chamber of Commerce to hold sidewalk sales in locations described herein on April 27, 2019 from 9:00 a.m. to 6:00 p.m., is hereby granted and approved subject to the above noted conditions and subject to compliance with any safety requirements of the Madison Police Department and Fire Department. R 126-2019 RESOLUTION OF THE BOROUGH OF MADISON APPROVING RAFFLES LICENSE APPLICATIONS SUBMITTED BY THE MADISON VOLUNTEER AMBULANCE CORP 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: THE MADISON VOLUNTEER AMBULANCE CORP I.D. No. 274-10-31453 R.A. No. 1472 – Off premise merchandise April 26, 2019 R 127-2019 RESOLUTION OF THE BOROUGH OF MADISON APPROVING RAFFLES LICENSE APPLICATIONS SUBMITTED BY THE THURSDAY MORNING CLUB 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: THURSDAY MORNING CLUB I.D. No. 274-8-12803 R.A. No. 1473 – Off premise 50/50 October 19, 2019 R 128-2019 RESOLUTION OF THE BOROUGH OF MADISON APPROVING RAFFLES LICENSE APPLICATIONS SUBMITTED BY THE THURSDAY MORNING CLUB BE IT RESOLVED by the 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: THURSDAY MORNING CLUB I.D. No. 274-8-12803 R.A. No. 1474 – On premise 50/50 R.A. No. 1475 – On Premise Merchandise Date of Raffles – November 15-16, 2019 PAGE 23 OF 26 Regular Meeting Minutes – April 8, 2019 R 129-2019 RESOLUTION OF THE BOROUGH OF MADISON RENEWING LIQUOR LICENSE FOR THE 2018-2019 LICENSE TERM FOR LICENSE GRANTED TO CROSS ATLANTIC VINES, LLC WHEREAS, a Special Ruling has been issued by the State of New Jersey Division of Alcoholic Beverage Control to permit consideration of a renewal application for inactive License No. 1417-44-001-009 in the name of Cross Atlantic Vines, LLC. pursuant to N.J.S.A. 33:1-12.39; and WHEREAS, a renewal application has been filed, fees have been paid, and a tax clearance certificate has been received for the 2018-2019 term and pursuant to a Special 12.18 ruling granted by the Director of the Division of Alcoholic Beverage Control is now permitted to be considered for renewal. 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 following application for renewal of Liquor License for the 2018-2019 license term is hereby approved, pursuant to a 12.18 ruling granted March 20, 2019 by the Director of the Division of Alcoholic Beverage Control: DISTRIBUTION LICENSES - FEE: $1,798.00; July 1, 2018 through June 30, 2019 Cross Atlantic Vines, LLC Inactive License No. 1417-44-001-009 Mailing Address: c/o Robert C. Williams 622 Eagle Rock Avenue West Orange, NJ 07052 R 130-2019 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING A SHARED SERVICE AGREEMENT FOR HEALTH SERVICES WITH THE TOWNSHIP OF SPRINGFIELD WHEREAS, the Township of Springfield and the Borough of Madison have agreed to enter into a Shared Services agreement for Local Public Health Services to furnish to the Township of Springfield health services of a technical and professional nature as hereinafter set forth, in consideration of payment as hereinafter provided, all according to N.J.S.A. 26:3A2-1 et seq.; and WHEREAS, the Madison Borough Council has reviewed the proposed agreement and is agreeable to contracting for such services. NOW, THEREFORE, BE IT RESOLVED by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, that the Mayor and Borough Clerk are authorized to enter into a Shared Services agreement for Local Public Health Services as described herein in such form approved by the Borough Attorney. PAGE 24 OF 26 Regular Meeting Minutes – April 8, 2019 R 131-2019 RESOLUTION OF THE MADISON BOROUGH COUNCIL APPOINTING EVAN C. WEBB TO THE POSITION OF PROBATIONARY FIREFIGHTER WHEREAS, Fire Chief Lou DeRosa has recommended the appointment of Evan C. Webb to the position of probationary firefighter in the paid division of the Madison Borough Fire Department; and WHEREAS, Fire Chief Lou DeRosa certified that Evan C. Webb is a fully qualified firefighter; and WHEREAS, the Mayor and Council have reviewed the recommendation and accept the Fire Captain’s representations that Evan C. Webb has met all requirements to be a probationary firefighter in the paid division. NOW, THEREFORE, BE IT RESOLVED by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, that Evan C. Webb is hereby appointed to the position of probationary firefighter in the paid division of the Madison Borough Fire Department, effective April 22, 2019. BE IT FURTHER RESOLVED, that he be compensated in accordance with the terms of the Collective Bargaining Agreement between the Firemen’s Mutual Benevolent Association Local No. 74 and the Borough. 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 $412,015.22 General Capital Fund 23,550.00 Electric Operating Fund 150,572.10 Electric Capital Fund 0.00 Water Operating Fund 1,319.37 Water Capital Fund 204,996.40 Trusts 16,879.60 Total $809,332.69 The following roll call vote was recorded approving the aforementioned vouchers: Yeas: Mrs. Vitale, Ms. Baillie, Mr. Rowe, Ms. Byrne, Mr. Hoover, Ms. Coen Nays: None NEW BUSINESS - None PAGE 25 OF 26 Regular Meeting Minutes – April 8, 2019 ADJOURN There being no further business to come before the Council, the meeting was adjourned at 10:25 p.m. Respectfully submitted, Elizabeth Osborne Borough Clerk Approved September 23, 2019 (EO) PAGE 26 OF 26

Agenda

MAYOR AND COUNCIL REGULAR MEETING AGENDA APRIL 8, 2019 Committee Room at 7:00 p.m. 1. CALL TO ORDER 2. STATEMENT IN COMPLIANCE WITH THE OPEN PUBLIC MEETINGS ACT 3. ROLL CALL 4. AGENDA REVIEW 5. READING OF CLOSED SESSION RESOLUTION Council Chamber 8 p.m. 6. RECONVENE WITH (ALL) MEMBERS PRESENT ON APRIL 8, 2019 7. PLEDGE OF ALLEGIANCE – Madison Girl Scout Troop 8. MINUTES FOR APPROVAL- None 9. GREETING TO PUBLIC Oath of Office Volunteer Firefighters 10. REPORTS FROM COMMITTEES Public Safety Astri J. Baillie/Patrick Rowe Finance and Borough Clerk Carmela Vitale/Maureen Byrne Utilities Patrick Rowe/Astri J. Baillie Public Works and Engineering Maureen Byrne/ John F. Hoover Community Affairs John F. Hoover/ Debra J. Coen Health Debra J. Coen/ Carmela Vitale 11. COMMUNICATIONS AND PETITIONS 12. INVITATION FOR DISCUSSION (1 of 2) 13. AGENDA DISCUSSIONS 04/08/2019-1 KINDNESS GARDEN PRESENTATION 04/08/2019-2 ENVIRONMENTAL COMMISSION - PLASTIC FREE WEEK R 123-2019 is listed on the Consent Agenda 14. ORDINANCES FOR HEARING ORDINANCE 8-2019 CALENDAR YEAR 2019 ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK (N.J.S.A. 40A: 4-45.14) ORDINANCE 9-2019 ORDINANCE OF THE BOROUGH OF MADISON APPROPRIATING $310,000.00 FROM THE GENERAL CAPITAL IMPROVEMENT FUND FOR THE 2019 SANITARY SEWER PROGRAM LAST PRINTED 4/5/2019 4:38:00 PM1 MAYOR AND COUNCIL MEETING AGENDA – APRIL 8, 2019 ORDINANCE 10-2019 ORDINANCE OF THE BOROUGH OF MADISON AMENDING CHAPTER 195 OF THE MADISON BOROUGH CODE, LAND DEVELOPMENT ORDINANCE, TO AMEND SECTION 30.5B(2) REQUIREMENTS FOR ACCESSORY STRUCTURES AND USES ORDINANCE 11-2019 ORDINANCE OF THE BOROUGH OF MADISON AMENDING AND SUPPLEMENTING CHAPTER 59 OF THE BOROUGH CODE PROHIBITING THE RETAIL SALE OF CERTAIN DOGS AND CATS IN THE BOROUGH ORDINANCE 12-2019 ORDINANCE OF THE BOROUGH OF MADISON AMENDING CHAPTER 190 OF THE MADISON BOROUGH CODE ENTITLED “WATER” TO UPDATE THE WATER CONNECTION FEE SCHEDULE ORDINANCE 13-2019 ORDINANCE OF THE BOROUGH OF MADISON AMENDING CHAPTER 155 OF THE MADISON BOROUGH CODE ENTITLED “SEWER” TO UPDATE THE SEWER CONNECTION FEE SCHEDULE 16. INVITATION FOR DISCUSSION (2 of 2) 17. INTRODUCTION OF ORDINANCES The Borough Clerk made the following statement: ORDINANCE 14-2019 ORDINANCE OF THE BOROUGH OF MADISON AMENDING AND SUPPLEMENTING CHAPTER 59 OF THE BOROUGH CODE PROHIBITING THE RETAIL SALE OF CERTAIN DOGS AND CATS IN THE BOROUGH 18. CONSENT AGENDA RESOLUTIONS R 118-2019 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING EXECUTION OF A SETTLEMENT AND RELEASE AGREEMENT R 119-2019 RESOLUTION OF THE MADISON BOROUGH COUNCIL AWARDING CONTRACT TO JOMED CONTRACTING, INC. IN THE AMOUNT OF $592,981.17 FOR THE 2019 ROAD IMPROVEMENT PROGRAM R 120-2019 RESOLUTION OF THE BOROUGH OF MADISON APPROVING TEMPORARY SIGNS FOR MADISON EDUCATION FOUNDATION 16TH ANNUAL 5K RACE R 121-2019 RESOLUTION OF THE BOROUGH OF MADISON RATIFYING APPOINTMENT OF MATTHEW KEANE AND LUCAS MCCORRY AS INTERNS IN THE MADISON FIRE DEPARTMENT R 122-2019 RESOLUTION OF THE BOROUGH OF MADISON APPROVING DOWNTOWN DEVELOPMENT COMMISSION EVENT SATURDAY, JUNE 15, 2019 AS THE ROSE CITY SUMMERFEST AND AUTHORIZING BEER GARDEN R 123-2019 RESOLUTION OF THE BOROUGH OF MADISON SUPPORTING PLASTIC FREE WEEK IN THE BOROUGH OF MADISON R 124-2019 RESOLUTION OF THE BOROUGH OF MADISON REJECTING THE SOLE BID FOR THE COMMUNITY PLACE RECONSTRUCTION PROJECT LAST PRINTED 4/5/2019 4:38:00 PM Page 2 MAYOR AND COUNCIL MEETING AGENDA – APRIL 8, 2019 R 125-2019 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING MADISON CHAMBER OF COMMERCE SIDEWALK SALES AND MERCHANT OPEN HOUSE ON SATURDAY, APRIL 27, 2019 R 126-2019 RESOLUTION OF THE BOROUGH OF MADISON APPROVING RAFFLES LICENSE APPLICATIONS SUBMITTED BY THE MADISON VOLUNTEER AMBULANCE CORP R 127-2019 RESOLUTION OF THE BOROUGH OF MADISON APPROVING RAFFLES LICENSE APPLICATIONS SUBMITTED BY THE THURSDAY MORNING CLUB R 128-2019 RESOLUTION OF THE BOROUGH OF MADISON APPROVING RAFFLES LICENSE APPLICATIONS SUBMITTED BY THE THURSDAY MORNING CLUB R 129-2019 RESOLUTION OF THE BOROUGH OF MADISON RENEWING LIQUOR LICENSE FOR THE 2018-2019 LICENSE TERM FOR LICENSE GRANTED TO CROSS ATLANTIC VINES, LLC R 130-2019 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING A SHARED SERVICE AGREEMENT FOR HEALTH SERVICES WITH THE TOWNSHIP OF SPRINGFIELD R 131-2019 RESOLUTION OF THE MADISON BOROUGH COUNCIL APPOINTING EVAN C. WEBB TO THE POSITION OF PROBATIONARY FIREFIGHTER 19. Unfinished Business 20. Approval of Vouchers 21. New Business 22. Adjournment LAST PRINTED 4/5/2019 4:38:00 PM Page 3

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