Mayor & Council

MINUTES OF A REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF MADISON December 19, 2019 - 6 p.m. CALL TO ORDER The Regular Meeting of the Mayor and Council of the Borough of Madison was held on the 19th day of December, 2019. Mayor Conley called the meeting to order at 6:00 p.m. in the Council Chamber 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 December 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 Marina V. Stinely, Esq. for Matthew J. Giacobbe, Esq., Borough Attorney Mayor Conley called to order the Regular Meeting at 8 p.m. in the Council Chamber with all members present. The Pledge of Allegiance was recited by all. AGENDA REVIEW There was approval of the Regular and Executive Agenda. APPROVAL OF MINUTES Ms. Baillie moved approval of the Executive Minutes of November 25, 2019. Mr. Rowe seconded the motion, which passed a unanimous voice call vote recorded. Ms. Baillie moved approval of the Regular Meeting Minutes of November 25, 2019. Mr. Rowe seconded the motion, which passed a unanimous voice call vote recorded Regular Meeting Minutes – December 19, 2019 GREETINGS TO PUBLIC Mayor Conley made the following comments: At a ‘Hometown Heroes Brunch’ held on Sunday, December15, 2019, Madison letter carrier David Fiore, was honored by the T.G. Martell Foundation for his charitable work. COMMUNICATIONS AND PETITIONS- None 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 December 9, 2019, were introduced by title and passed on first reading, were published in the Madison Eagle and made available to members of the general public requesting same. Mayor Conley called up Ordinances for second reading and asked the Clerk to read said ordinances by title: ORDINANCE 56-2019 BOND ORDINANCE TO APPROPRIATE AN ADDITIONAL SUM OF $1,272,000 FOR THE FUNDING OF A PORTION OF THE COST OF THE IMPROVEMENT OF THE MADISON-CHATHAM JOINT MEETING'S MOLITOR WATER POLLUTION CONTROL FACILITY BY AND FOR THE BOROUGH OF MADISON, IN THE COUNTY OF MORRIS, STATE OF NEW JERSEY, TO AUTHORIZE THE ISSUANCE OF BONDS TO FINANCE SUCH ADDITIONAL APPROPRIATION AND TO PROVIDE FOR THE ISSUANCE OF BOND ANTICIPATION NOTES IN ANTICIPATION OF THE ISSUANCE OF SUCH BONDS WHEREAS, the Borough of Madison, in the County of Morris, State of New Jersey (the "Borough"), and the Borough of Chatham, in the County of Morris, State of New Jersey, jointly operate a sanitary sewerage treatment system as members of the Madison-Chatham Joint Meeting (the "Joint Meeting"), with each municipality being financially responsible for a proportionate share of the cost and debt service for the improvement hereinafter described – Madison's share being 63.6% and Chatham's being 36.4%; and WHEREAS, the Borough Council of the Borough has heretofore authorized and provided for financing the improvement of the Molitor Water Pollution Control PAGE 2 OF 12 Regular Meeting Minutes – December 19, 2019 Facility located in the Borough of Chatham and owned and operated by the Joint Meeting and appropriated the sum of $4,770,000 therefor (with Chatham funding $2,730,000 of the $7,500,000 total original estimated project costs) pursuant to ordinance no. 50-2018 adopted by the Borough Council of the Borough on November 26, 2018; and WHEREAS, the Borough Council now finds and determines that the additional sum of $1,272,000 of the total additional estimated project costs of $2,000,000 (with Chatham funding the $728,000 balance) is required to be funded for such improvement; and WHEREAS, the Joint Meeting has heretofore authorized the filing of a loan application for the financing of allowable costs of the aforesaid project with the New Jersey Environmental Infrastructure Financing Program (the "State Program"); NOW, THEREFORE, BE IT ORDAINED by the Borough Council of the Borough of Madison, in the County of Morris, State of New Jersey, as follows: Section 1. The additional sum of $1,272,000 is hereby appropriated to the payment of the Borough's share of the cost of the improvement (the "purpose") authorized by ordinance no. 50-2018 adopted by the Borough Council of the Borough on November 26, 2018 (the "Prior Ordinance"). Said additional appropriation shall be met from the proceeds of the sale of the bonds authorized by this ordinance. No down payment is required pursuant to the provisions of N.J.S.A. 40A:2- PAGE 3 OF 12 Regular Meeting Minutes – December 19, 2019 11(c) because this ordinance involves an environmental infrastructure project to be funded by loans pursuant to the State Program. Any of said loan funds received shall be applied as set forth in Section 8 hereof. Said improvement has been and shall be made as a general improvement and no part of the cost thereof has been nor shall be assessed against property specially benefited. Section 2. It is hereby determined and stated that (1) the making of such improvement is not a current expense of the Borough, and (2) it is necessary to finance said purpose by the issuance of obligations of the Borough pursuant to the Local Bond Law (Chapter 2 of Title 40A of the New Jersey Statutes Annotated, as amended; the "Local Bond Law"), and (3) the estimated cost of said purpose is $6,042,000, including the sum of $4,770,000 appropriated by the Prior Ordinance and the $1,272,000 appropriated by this ordinance, and (4) the estimated maximum amount of bonds or notes necessary to be issued for said purpose is $6,042,000, including the $4,770,000 authorized by the Prior Ordinance and the $1,272,000 hereinafter authorized, and (5) the cost of such purpose includes the aggregate amount of $959,600, including the sum of $896,000 stated in the Prior Ordinance and the sum of $63,600 hereby stated, which is estimated to be necessary to finance the cost of such purpose, including architect's fees, accounting, engineering and inspection costs, legal expenses and other expenses, including interest on such obligations PAGE 4 OF 12 Regular Meeting Minutes – December 19, 2019 to the extent permitted by Section 20 of the Local Bond Law. Section 3. To finance said purpose, bonds of the Borough of an aggregate principal amount not exceeding $1,272,000 are hereby authorized to be issued pursuant to the Local Bond Law. Said bonds shall bear interest at a rate per annum as may be hereafter determined within the limitations prescribed by law. All matters with respect to said bonds not determined by this ordinance shall be determined by resolutions to be hereafter adopted. Section 4. To finance said purpose, bond anticipation notes of the Borough of an aggregate principal amount not exceeding $1,272,000 are hereby authorized to be issued pursuant to the Local Bond Law in anticipation of the issuance of said bonds. In the event that bonds are issued pursuant to this ordinance, the aggregate amount of notes hereby authorized to be issued shall be reduced by an amount equal to the principal amount of the bonds so issued. If the aggregate amount of outstanding bonds and notes issued pursuant to this ordinance shall at any time exceed the sum first mentioned in this section, the moneys raised by the issuance of said bonds shall, to not less than the amount of such excess, be applied to the payment of such notes then outstanding. Section 5. Each bond anticipation note issued pursuant to this ordinance shall be dated on or about PAGE 5 OF 12 Regular Meeting Minutes – December 19, 2019 the date of its issuance and shall be payable not more than one year from its date, shall bear interest at a rate per annum as may be hereafter determined within the limitations prescribed by law, and may be renewed from time to time pursuant to and within limitations prescribed by the Local Bond Law. Each of said bond anticipation notes shall be signed by the Mayor and by a financial officer and shall be under the seal of the Borough and attested by the Borough Clerk or Deputy Borough Clerk. Said officers are hereby authorized to execute said notes in such form as they may adopt in conformity with law. The power to determine any matters with respect to said notes not determined by this ordinance, and also the power to sell said notes, is hereby delegated to the Chief Financial Officer, who is hereby authorized to sell said notes either at one time or from time to time in the manner provided by law. Section 6. It is hereby determined and declared that the period of usefulness of said purpose, according to its reasonable life, is a period of forty years computed from the date of said bonds. Section 7. It is hereby determined and stated that the Supplemental Debt Statement required by the Local Bond Law has been duly made and filed in the office of the Borough Clerk of the Borough, and that such statement so filed shows that the gross debt of the Borough, as defined in Section 43 of the Local Bond Law, is increased by this ordinance by $1,272,000 and that PAGE 6 OF 12 Regular Meeting Minutes – December 19, 2019 the issuance of the bonds and notes authorized by this ordinance will be within all debt limitations prescribed by said Local Bond Law. Section 8. Any funds received from private parties, the County of Morris, the State of New Jersey or any of their agencies or any funds received from the United States of America or any of its agencies in aid of such purpose (except any funds received as loans from the State Program, which shall be applied to the payment of the cost of such purpose or to the payment of any outstanding bond anticipation notes, but shall not reduce the amount of bonds authorized for such purpose), shall be applied to the payment of the cost of such purpose, or, if bond anticipation notes have been issued, to the payment of the bond anticipation notes, and the amount of bonds authorized for such purpose shall be reduced accordingly. Section 9. The capital budget is hereby amended to conform with the provisions of this ordinance to the extent of any inconsistency therewith and the resolutions promulgated by the Local Finance Board showing full detail of the amended capital budget and capital program as approved by the Director, Division of Local Government Services, is on file with the Borough Clerk and is available for public inspection. Section 10. The Borough intends to issue the bonds or notes to finance the cost of the improvement authorized by the Prior Ordinance and described herein. PAGE 7 OF 12 Regular Meeting Minutes – December 19, 2019 If the Borough or the Joint Meeting incurs such costs prior to the issuance of such bonds or notes, the Borough hereby states its reasonable expectation to reimburse itself for such expenditures with the proceeds of such bonds or notes in the maximum principal amount of bonds or notes authorized by this ordinance. Section 11. The full faith and credit of the Borough are hereby pledged to the punctual payment of the principal of and the interest on the obligations authorized by this ordinance. Said obligations shall be direct, unlimited and general obligations of the Borough, and the Borough shall levy ad valorem taxes upon all the taxable real property within the Borough for the payment of the principal of and interest on such bonds and notes, without limitation as to rate or amount. Section 12. This ordinance shall take effect twenty days after the first publication thereof after final passage. Mayor Conley opened up the public hearing on Ordinance 56-2019. Since no member of the public wished to be heard, the public hearing was closed. Ms. Byrne moved that Ordinance 56-2019, 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. Rowe, Ms. Byrne, Mr. Hoover, Ms. Coen Nays: None Mayor Conley declared Ordinance 56-2019 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. PAGE 8 OF 12 Regular Meeting Minutes – December 19, 2019 ORDINANCE 57-2019 ORDINANCE OF THE BOROUGH OF MADISON AMENDING AND SUPPLEMENTING CHAPTER 32 OF THE BOROUGH CODE ESTABLISHING THE PATRIOTIC CELEBRATIONS COMMITTEE Mayor Conley opened up the public hearing on Ordinance 57-2019. Since no member of the public wished to be heard, the public hearing was closed. Mrs. Vitale moved that Ordinance 57-2019, which was read by title, be finally 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. Rowe, Ms. Byrne, Mr. Hoover, Ms. Coen Nays: None Mayor Conley declared Ordinance 57-2019 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 58-2019 ORDINANCE OF THE BOROUGH OF MADISON AMENDING AND SUPPLEMENTING CHAPTER 161 OF THE BOROUGH CODE ESTABLISHING THE SENIOR CITIZEN ADVISORY COMMITTEE Mayor Conley opened up the public hearing on Ordinance 58-2019. Since no member of the public wished to be heard, the public hearing was closed. Mrs. Vitale moved that Ordinance 58-2019, which was read by title, be finally 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. Rowe, Ms. Byrne, Mr. Hoover, Ms. Coen Nays: None Mayor Conley declared Ordinance 58-2019 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 59-2019 ORDINANCE OF THE BOROUGH OF MADISON AMENDING AND SUPPLEMENTING CHAPTER 137-11 OF THE BOROUGH CODE ESTABLISHING THE RECREATION ADVISORY COMMITTEE Mayor Conley opened up the public hearing on Ordinance 59-2019. Since no member of the public wished to be heard, the public hearing was closed. Mrs. Vitale moved that Ordinance 59-2019, which was read by title, be finally 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. Rowe, Ms. Byrne, Mr. Hoover, Ms. Coen PAGE 9 OF 12 Regular Meeting Minutes – December 19, 2019 Nays: None Mayor Conley declared Ordinance 59-2019 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 60-2019 ORDINANCE OF THE BOROUGH OF MADISON AMENDING AND SUPPLEMENTING CHAPTER 136 OF THE BOROUGH CODE ESTABLISHING THE PARKS ADVISORY COMMITTEE Mayor Conley opened up the public hearing on Ordinance 60-2019. Since no member of the public wished to be heard, the public hearing was closed. Mrs. Vitale moved that Ordinance 60-2019, which was read by title, be finally 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. Rowe, Ms. Byrne, Mr. Hoover, Ms. Coen Nays: None Mayor Conley declared Ordinance 60-2019 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 61-2019 ORDINANCE OF THE BOROUGH OF MADISON APPROPRIATING $12,000.00 FROM THE GENERAL CAPITAL IMPROVEMENT FUND FOR THE PURCHASE OF MATERIALS AND EQUIPMENT FOR THE FIRE DEPARTMENT TRAILER Mayor Conley opened up the public hearing on Ordinance 61-2019. Since no member of the public wished to be heard, the public hearing was closed. Ms. Baillie moved that Ordinance 61-2019, which was read by title, be finally 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. Rowe, Ms. Byrne, Mr. Hoover, Ms. Coen Nays: None Mayor Conley declared Ordinance 61-2019 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 Mayor Conley opened the meeting to the public for their opportunity to ask questions and make comments on those items listed on the Agenda only. Mayor asked that, upon recognition by the Chair, the person shall proceed to the lectern and give his/her name and address in an audible tone of voice, and print the same PAGE 10 OF 12 Regular Meeting Minutes – December 19, 2019 on the sheet provided for the record. He/she shall limit his/her statement to three (3) minutes or less. Since no member of the public wished to be heard, the invitation for discussion was closed. INTRODUCTION OF ORDINANCES- NONE CONSENT AGENDA RESOLUTIONS The Clerk made the following statement: Consent Agenda Resolutions will be enacted with a single motion; any Resolution requiring expenditure is supported by a Certification of Availability of Funds; any Resolution requiring discussion will be removed from the Consent Agenda; all Resolutions will be reflected in full in the minutes. 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 350-2019 RESOLUTION OF THE BOROUGH OF MADISON AMENDING COUNCIL BYLAWS FOR 2020 R 351-2019 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING EXECUTION OF AGREEMENT WITH THE PUBLIC POWER ASSOCIATION OF NEW JERSEY FOR ADDITIONAL HYDRO POWER R 352-2019 RESOLUTION OF THE BOROUGH OF MADISON AWARDING PROFESSIONAL SERVICES CONTRACT TO GREENER BY DESIGN, LLC TO COORDINATE THE MRC DIVERSION REQUEST R 353-2019 RESOLUTION OF THE BOROUGH OF MADISON ENDORSING THE NEW JERSEY SAFE ROUTES TO SCHOOL PROGRAM R 354-2019 RESOLUTION OF THE BOROUGH OF MADISON SUPPORTING FAIR HOUSING R 355-2019 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING SUBMISSION OF A GRANT APPLICATION TO THE COUNTY OF MORRIS FOR A COMMUNITY DEVELOPMENT BLOCK GRANT FOR SANITARY SEWER SYSTEM REHABILITATION IN THE AMOUNT OF $80,000.00 R 356-2019 RESOLUTION OF THE BOROUGH OF MADISON APPROVING RAFFLE LICENSE APPLICATIONS SUBMITTED BY MADISON ICE HOCKEY BOOSTER CLUB INC R 357-2019 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING APPLICATION TO THE 2020 COUNTY OF MORRIS HOME INVESTMENT PARTNERSHIP (HOME) PROGRAM BY THE MADISON HOUSING AUTHORITY R 358-2019 RESOLUTION OF THE BOROUGH OF MADISON APPROVING JACOB HENRY PERKINS TRUST DISBURSEMENT PAGE 11 OF 12 Regular Meeting Minutes – December 19, 2019 R 359-2019 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING ACCEPTANCE OF A SETTLEMENT AGREEMENT R 360-2019 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING AN AWARD OF A CONTRACT FOR COLLECTION AND HAULING OF DESIGNATED RECYCLABLE MATERIALS WITH SUBURBAN DISPOSAL 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 $4,800,825.84 General Capital Fund 128,488.01 Electric Operating Fund 129,552.68 Electric Capital Fund 12,752.64 Water Operating Fund 4,234.44 Water Capital Fund 288,417.47 Trusts 16,102.14 Total $5,380,373.22 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 ADJOURN There being no further business to come before the Council, the meeting was adjourned at 6:15 p.m. Respectfully submitted, Elizabeth Osborne Borough Clerk Approved January 13, 2020 (EO) PAGE 12 OF 12