Mayor & Council

MINUTES OF A REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF MADISON November 9, 2020 - 7 p.m. CALL TO ORDER The Regular Meeting of the Mayor and Council of the Borough of Madison was held on the 9th day of November, 2020. Mayor Conley called the meeting to order at 7:00 p.m. via Teleconference 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 January 10, 2020. 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 Maureen Byrne John F. Hoover Debra J. Coen Rachael Ehrlich 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 Mrs. Vitale 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 – November 9, 2020 CONTRACT MATTERS (2) YARD WASTE COLLECTION AND DISPOSAL ELECTRIC UTILITY METERS AND WATER UTILITY METERS Date of public disclosure 60 days after conclusion, if disclosure required. PERSONNEL MATTERS (2) PD SERGEANT INTERVIEW PUBLIC WORKS DEPARTMENT Date of public disclosure 90 days after conclusion, if disclosure required. Seconded: Ms. Baillie Vote: Approved by voice vote RECONVENE VIA TELECONFERENCE Mayor Conley reconvened the Regular Meeting at 7 p.m. via teleconference with all members present. The Pledge of Allegiance was recited by all. Mayor Conley asked that a moment of silence be observed for the passing of Madison resident Ruth Barrett and former Police Chief John Trevena. APPROVAL OF MINUTES Ms. Baillie moved approval of the Regular Meeting Minutes of September 30, 2020. Ms. Coen seconded the motion, which passed with a unanimous voice call vote recorded. Ms. Baillie moved approval of the Regular Meeting Minutes of October 14, 2020. Mrs. Vitale seconded the motion, which passed with a unanimous voice call vote recorded. GREETINGS TO PUBLIC Mayor Conley made the following comments: Mayor Conley noted a special meeting to be held on Monday, November 16, 2020 at 7:00 p.m. via teleconference, to announce Affordable Housing obligations. Mayor Conley also noted that the annual Veterans’ Day memorial service will be held at Condorso Way on Wednesday, November 11th at 11:00 a.m. REPORTS OF COMMITTEES Finance and Borough Clerk Mrs. Vitale, Chair of the Committee, made the following comments: Mrs. Vitale noted two items on tonight’s agenda. Resolution 274-2020, is for approval of a grant for COVID-19 relief and Resolution 282-2020 is a resolution to authorize budget transfers. Today is the last day of the 4th quarter property tax payments grace period. As of today, 88.5% of tax payments have been received. A reminder that the Senior Freeze program has been extended to December 31st. The annual tax sale will be held on December 9, 2020 with publication beginning in the Madison Eagle on November 12th. Public Safety Ms. Baillie, Chair of the Committee, made the following comments: Probationary Police Officers Finocchiaro, Marra and MacQuesten have completed all aspect of field training and have been released to solo patrol duties within the patrol division. The officers have been assigned to patrol squads where they will continue to be evaluated and monitored by supervisors. Congratulations to Lt. Joseph Longo for earning the FBI LEEDA Trilogy Award. FBI LEEDA (Law PAGE 2 OF 19 Regular Meeting Minutes – November 9, 2020 Enforcement Executive Development Association) provides intense leadership training to develop police leadership. Lt. Longo has competed three courses offered by the LEEDA program; Supervisor Leadership Institute, Command Leadership Institute and Executive Leadership Institute earning him this award. During the month of October, the Fire Department responded to nineteen general alarms, twenty still alarms, twenty-three investigations and 19 medical calls. A purchase order for the new firetruck has been issued with an anticipated delivery date in 11 to 13 months. Public Works and Engineering Ms. Byrne, Chair of the Committee, made the following comments: Public works continues annual leaf pickup throughout the Borough, working each day from now until December to pick up leaves. Community Affairs Mr. Hoover, Chair of the Committee, made the following comments: There are no Senior programs at this time due to the pandemic. A survey will be conducted to determine needs. The Farmers’ Market ends this Thursday, November 19th. Mr. Hoover asked that, on behalf of the Chamber of Commerce, and the Downtown Development Commission, residents make shopping local a priority. A new marketing plan “No Place Like Home” will be implemented this holiday season. ‘Find Rosie the Reindeer’ will also be back this year. The Museum of Early Trades & Crafts annual benefit, held virtually was a great success. Interior restoration continues. The Museum has received a $50,000 NJ Historic Trust grant to rebuild their collection. MACA has launched a new website. The Recreation Department, working with the Board of Education, had the tennis courts at the High School re- lined as pickle ball courts. Reservations can be made on the Borough’s website. Health Ms. Coen, Chair of the Committee, made the following comments: The Health Department will hold several clinics to administer annual flu vaccines in November. Pet rabies vaccine clinics will be held in December, by appointment. As of today, there are a total of 231 cases of COVID-19 in Madison, with 21 new cases since the last council meeting. The State has added new states to the ‘no travel list’, bringing the total to 43 states. Residents are reminded to continue social distancing, wear face masks, wash your hands often, don’t touch your face and remember, your choices have an impact. Utilities Ms. Ehrlich, Chair of the Committee, made the following comments: The Tree Trimming crews are continuing Line Clearance on Garfield Avenue, Candlewood Drive, and Fox Chase Road. The Department responded to several emergency repairs due to a traffic accident and storm damage, made upgrades on existing equipment, and responded to service calls by contractors. The Electric Department completed the Car Charging Station hook-ups at the Cook Avenue and Community Pool parking lots. Additional street lighting was also installed where needed. The Department has been troubleshooting the parking lot lighting in the East Street parking lot. The Department is looking into a new roof for the Kings Road Substation. The existing roof is thirty-one years old and is starting to exhibit small water issues. The Water Department reports that due to the cold snap, all of the Drinking Fountains in the parks have been shut down to keep them from freezing and causing damage. The Recreation Huts will be next, once the fall sports programs are finished. Customers are reminded to have their irrigation systems winterized and to remove all hoses from outside faucets. The Emergency Power PAGE 3 OF 19 Regular Meeting Minutes – November 9, 2020 Generators were run and tested as part of the monthly maintenance program, to insure uninterrupted service in case of a power failure. 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 Meeting Moderator, each person give his/her name and address in an audible tone of voice, 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. Claire Whitcomb; Fairwood Road, inquired about any environmental implication of Resolution 279-2020, which authorizes the purchase of a pickup truck and accessories for the Water Department. AGENDA DISCUSSIONS 11/09/2020-1 FREE AND FAIR ELECTIONS Mayor Conley noted last week’s General Election, with all 50 states continue to count election results. Ms. Ehrlich asked that all true election results be respected, noting no person is more important than our democracy. Mayor Conley noted that the proposed resolution was shared with surrounding municipalities. Each Council member agreed to the importance of protecting free and fair elections. Ms. Ehrlich moved adoption of Resolution 277-2020. 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, Ms. Byrne, Mr. Hoover, Ms. Coen, Ms. Ehrlich Nays: None R 277-2020 RESOLUTION OF THE BOROUGH OF MADISON SUPPORTING FREE AND FAIR ELECTIONS 11/09/2020-2 COVID-19 UPDATE Mr. Eric Range, President of the Madison Board of Health, joined the meeting at 8:30 p.m. to provide an update on the COVID-19 pandemic and the Health Department’s response. Mr. Range thanked the nurses, staff and Health Director for their hard work and support. Mr. Range noted that cases are increasing in N.J. and just today, Governor Murphy has place limits on indoor dining. As of November 4th, there have been over 100 new cases each day in N. J., the largest numbers since March. The infection rate remains at 1.22%. Mr. Range also advised that, with the coming holidays, residents should keep gatherings small, stay at home, and if you don’t feel well, get tested, and hopefully a vaccine will be available in early 2021. 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 Wednesday, October 14, 2020 and Monday October 26, 2020, were introduced by title and passed on first reading, were published PAGE 4 OF 19 Regular Meeting Minutes – November 9, 2020 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 37-2020 ORDINANCE OF THE BOROUGH OF MADISON APPROPRIATING $72,000.00 FROM THE WATER CAPITAL IMPROVEMENT FUND FOR THE PURCHASE OF A TRUCK AND ACCESSORIES FOR THE WATER DEPARTMENT WHEREAS, the Director of Public Works has recommended that the Borough appropriate $72,000.00 from the Water Capital Improvement Fund for the purchase of a truck and accessories for use by the Water Department; and WHEREAS, the Chief Financial Officer has attested to the availability of the funds in the Water Capital Improvement Fund in an amount not to exceed $72,000.00 for this purpose; and WHEREAS, the Borough Council has determined that the Borough should appropriate $72,000.00 from the Water Capital Improvement Fund for the purchase of a truck and accessories; and WHEREAS, the insurance settlement for the damaged vehicle being replaced will reimburse a substantial portion of the purchase price. 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 $72,000.00 is hereby appropriated from the Water Capital Improvement Fund for the purchase of a truck and accessories. 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 37-2020. Since no member of the public wished to be heard, the public hearing was closed. Ms. Byrne moved that Ordinance 37-2020, 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, Ms. Byrne Mr. Hoover, Ms. Coen, Ms. Ehrlich Nays: None PAGE 5 OF 19 Regular Meeting Minutes – November 9, 2020 Mayor Conley declared Ordinance 37-2020 adopted and finally passed and asked the Clerk to publish notice thereof in the newspaper and file the ordinance in accordance with the law. ORDINANCE 38-2020 ORDINANCE OF THE BOROUGH OF MADISON APPROPRIATING $275,000.00 FROM THE GENERAL CAPITAL IMPROVEMENT FUND FOR THE 2020 SANITARY SEWER IMPROVEMENTS PROGRAM WHEREAS, the Borough Engineer has recommended that the Borough appropriate $275,000.00 from the General Capital Improvement Fund for the 2020 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 $275,000.00 for this purpose; and WHEREAS, the Borough Council has determined that the Borough should appropriate $275,000.00 from the General Capital Improvement Fund for the 2020 Sanitary Sewer Improvements program; and WHEREAS, it is anticipated that $80,000.00 of the project cost will be reimbursed through a Community Development Block Grant (CDBG) grant award from Morris County. 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 $275,000.00 is hereby appropriated from the General Capital Improvement Fund for the 2020 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 38-2020. Since no member of the public wished to be heard, the public hearing was closed. Ms. Byrne moved that Ordinance 38-2020, 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, Ms. Byrne Mr. Hoover, Ms. Coen, Ms. Ehrlich Nays: None PAGE 6 OF 19 Regular Meeting Minutes – November 9, 2020 Mayor Conley declared Ordinance 38-2020 adopted and finally passed and asked the Clerk to publish notice thereof in the newspaper and file the ordinance in accordance with the law. ORDINANCE 39-2020 ORDINANCE OF THE BOROUGH OF MADISON APPROPRIATING $340,000.00 FROM THE GENERAL CAPITAL IMPROVEMENT FUND FOR THE PURCHASE OF A TRACKLESS SKID STEER AND FRONT END LOADER WHEREAS, the Borough Engineer has recommended that the Borough appropriate $340,000.00 from the General Capital Improvement Fund for the purchase of a Trackless Skid Steer and Front End Loader; 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 $340,000.00 for this purpose; and WHEREAS, the Borough Council has determined that the Borough should appropriate $340,000.00 from the General Capital Improvement Fund for the purchase of a Trackless Skid Steer and Front End Loader; and WHEREAS, it is anticipated that twenty-five percent (25%) of the purchase will be reimbursed through a Department of Environmental Protect (DEP) Equipment Modernization Grant. 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 $340,000.00 is hereby appropriated from the General Capital Improvement Fund for the purchase of a Trackless Skid Steer and Front End Loader. 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 39-2020. Since no member of the public wished to be heard, the public hearing was closed. Ms. Byrne moved that Ordinance 39-2020, which was read by title, be finally adopted. Mrs. Vitale seconded the motion. There was no Council discussion, and the motion passed with the following roll call vote recorded: Yeas: Mrs. Vitale, Ms. Baillie, Ms. Byrne Mr. Hoover, Ms. Coen, Ms. Ehrlich Nays: None PAGE 7 OF 19 Regular Meeting Minutes – November 9, 2020 Mayor Conley declared Ordinance 39-2020 adopted and finally passed and asked the Clerk to publish notice thereof in the newspaper and file the ordinance in accordance with the 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 Meeting Moderator, each person give his/her name and address in an audible tone of voice, for the record. He/she shall limit his/her statement to three (3) minutes or less. David Luber; Lawrence Road, thanked Mr. Range for his presentation, noting residents should continue to wear masks. Marie Slabaugh; Stafford Drive, noted how unfortunate it is approving Resolution 277-2020, regarding Free and Fair Elections, but necessary, and thanked the Council for their approval. Rachel Barry; Green Village Road, also noted Resolution 277-2020, stating how important this issue needs to be reinforced at the local level. Christine Boyle; Buckingham Drive, offered support for Resolution 277-2020, noting a peaceful transition of power is important at all levels of government. INTRODUCTION OF ORDINANCES The Clerk made the following statement: Ordinances scheduled for introduction and first reading tonight will have a hearing during the meeting of November 23, 2020 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 40-2020 ORDINANCE OF THE BOROUGH OF MADISON AMENDING CHAPTER 75 SECTION 75-14 OF THE BOROUGH CODE ENTITLED “BUILDING CONSTRUCTION” REGARDING BUILDING PERMITS TO INCREASE FEES WHEREAS, the Borough Administrator and Construction Code Official have recommended amendments to the Borough Code to increase certain Building Construction permit fees beginning January 1, 2021; and WHEREAS, a survey of fees was conducted confirming that the Borough of Madison building fees were well below those charged by neighboring communities and will remain so even after the adoption of this ordinance. PAGE 8 OF 19 Regular Meeting Minutes – November 9, 2020 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 75 of the Code of the Borough of Madison, Section 14 thereof entitled “Fees” is hereby amended as follows to increase certain building construction permit fees beginning January 1, 2021: Madison Sub-Codes Madison (Current) (Proposed) Building Subcode A(1)(b) Minimum $46.00 $75.00 A(1)(b) Alteration 20 per 1k of cost 25 per 1k of cost A(5) DEMO - House $100.00 $200.00 A(5) DEMO – Accessory Structure $50.00 $100.00 A(1)(b) Retaining Wall Per 1k of cost $150.00 A(1)(b) Radon Remediation Per 1k of cost $75.00 A(8)(a) CO - Residential $50.00 $100.00 A(8)(a) CO - Commercial $100.00 $150.00 A(1)(b) Pool - above ground Per 1k of cost $140.00 A(1)(b) Pool- in ground Per 1k of cost $210.00 Electric Subcode A(3) Minimum $46.00 $75.00 A(3) each 25 after $9.00 $20.00 Services $65/129/640 $65/129/640 A(3) Solar: 1-50 KW $65.00 $100.00 A(3) Solar: 50-100 KW $129.00 $150.00 *** Any fees not cited above shall be subject to NJ State Fee schedule 5:23-4.20*** Plumbing Subcode A(2) Minimum $46.00 $75.00 A(2) Fixture $15.00 $20.00 *** Any fees not cited above shall be subject to NJ State Fee schedule 5:23-4.20*** Fire Subcode Minimum None $75.00 5 (16)(a) Alarms, first 12 50.00 75.00 A (16)(a) Sprinklers, first 20 91.00 100.00 A (16)(a) Sprinkler - 21- 100 heads 168.00 175.00 PAGE 9 OF 19 Regular Meeting Minutes – November 9, 2020 A (16)(f) Tank - removal $46.00 $75.00 A (16)(f) Tank - installation $46.00 $75.00 Mechanical Subcode 5 (9) Minimum $50.00 $100.00 SECTION 2: Article 75-14 A(2) Delete” The plumbing subcode fee shall be 100% of state fees”. Article A (3) – Delete “The electrical subcode fee shall be 100% of state fees”. SECTION 3: All other fees and charges not otherwise addressed herein shall remain in full force and effect. SECTION 4: This ordinance shall take effect immediately and upon final passage and publication as required by law. Ms. Byrne moved that Ordinance 40-2020, 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, Ms. Byrne, Mr. Hoover, Ms. Coen, Ms. Ehrlich Nays: 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. Mrs. Vitale moved adoption of the Resolutions listed on the Consent Agenda. Ms. Baillie seconded the motion. There was no Council discussion and the motion passed with the following roll call vote recorded: Yeas: Mrs. Vitale, Ms. Baillie, Ms. Byrne, Mr. Hoover, Ms. Coen, Ms. Ehrlich Nays: None R 273-2020 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING RENEWAL OF A CONTRACT FOR YARD WASTE COLLECTION AND DISPOSAL WITH WASTE INDUSTRIES, LLC WHEREAS, the Borough of Madison publicly advertised for bids for Yard Waste Collection and Disposal Rebid in accordance with the Local Public Contracts Law, N.J.S.A. 40A:11-1, et seq.; and PAGE 10 OF 19 Regular Meeting Minutes – November 9, 2020 WHEREAS, Waste Industries, LLC, was awarded a contract by Resolution 341-2019 for Yard Waste Collection and Disposal with an option to renew for a two- year period for the years 2021 and 2022; and WHEREAS, the Acting Purchasing Agent has recommended that the Borough authorize renewal of the contract for years 2021 and 2022 in an amount not to exceed $422,000.00; and WHEREAS, funds will be available in Garbage and Trash Removal budget # 465, Operating Account # 222, 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 2021 budget. 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 hereby authorized and directed on behalf of the Borough to enter into a contract for renewal of the contract with Waste Industries, LLC, for Yard Waste Collection and Disposal, in a form acceptable to the Borough Attorney. R 274-2020 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING APPLICATION OF A LOCAL GOVERNMENT EMERGENCY FUND (CRF) GRANT WHEREAS, as the public health emergency associated with the COVID-19 pandemic continues, the most significant negative financial impacts faced by county and municipal governments throughout New Jersey result from extreme economic contraction, deficits in tax and fee revenues, and extraordinary increases in public safety and health and human services expenditures; and WHEREAS, severe fiscal stress limits the ability of counties and municipalities to maintain essential services and take the steps necessary to fight COVID-19; and WHEREAS, without substantial federal assistance, residential taxpayers would absorb the primary impact of meeting these extraordinary needs and closing any associated operating deficits; and WHEREAS, the Department of Community Affairs (“DCA”), through the Division of Local Government Services (“DLGS” or “Division”), has been deemed the lead agency for the distribution of the Local Government Emergency Fund (the “LGEF” or “Program”), provided through an allocation of the State of New Jersey’s CARES Act Coronavirus Relief Fund (CRF Funds); and PAGE 11 OF 19 Regular Meeting Minutes – November 9, 2020 WHEREAS, counties and municipalities excluded from the federal government’s direct CRF allocation plan, as well as those counties and municipalities that are currently the most impacted by COVID-19 in comparison to their available resources, are eligible for LGEF funds pursuant to a maximum distribution determined by formula; and WHEREAS, a total of $60 million is currently being made available under the Program, with a potential $60 million more to be allocated; and WHEREAS, LGEF Grants exist to support costs incurred as part of a local unit’s response to COVID-19. NOW, THEREFORE, BE IT RESOLVED by the Borough Council of the Borough of Madison, County of Morris, State of New Jersey, that the Borough of Madison will apply for a LGEF Grant in the amount of $198,036. R 275-2020 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING RENEWAL OF A RENTAL AGREEMENT FOR USE OF A PORTION OF THE PUBLIC SAFETY COMPLEX BY THE AMERICAN AUTOMOBILE ASSOCIATION (AAA) FOR DEFENSIVE DRIVING INSTRUCTION WHEREAS, the Madison Police Chief has recommended that the Borough Council authorize renewal of the rental agreement for the use of a portion of the Public Safety Complex for use by the American Automobile Association (AAA) for defensive driving instruction; and WHEREAS, the Borough Administrator recommends that the Council approve this request. NOW, THEREFORE, BE IT RESOLVED, by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, that the Administrator is hereby authorized to execute an addendum to renew an agreement for the American Automobile Association (AAA) to use a portion of the Public Safety Complex for defensive driving instruction. R 276-2020 RESOLUTION OF THE BOROUGH OF MADISON AWARDING PROFESSIONAL SERVICES CONTRACT TO RICHARD WOLOWICZ, RICHVIEW CONSULTING FOR MUNICIPAL ARBORIST SERVICES WHEREAS, the Acting Purchasing Agent has recommended awarding a professional services contract for Municipal Arborist Services for the calendar year 2021; 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 12 OF 19 Regular Meeting Minutes – November 9, 2020 WHEREAS, the Acting Purchasing Agent has recommended that the Borough Council renew a contract with Richard Wolowicz, Richview Consulting at a rate of $82.00 per hour through December 31, 2021; and WHEREAS, Richard Wolowicz, Richview Consulting 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 will be 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 contingently certified by the Chief Financial Officer, pending approval of the 2021 municipal 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 Mayor and Borough Clerk are hereby authorized to execute, on behalf of the Borough, a professional service contract with Richard Wolowicz, Richview Consulting for Municipal Arborist Services in an amount not to exceed $82.00 per hour, 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 277-2020 RESOLUTION OF THE BOROUGH OF MADISON SUPPORTING FREE AND FAIR ELECTIONS approved earlier at this meeting WHEREAS, the right to vote is foundational to our democracy and essential to the continuation of our constitutional system of government; and, WHEREAS, it is the right of every American to cast a vote and to have that vote counted in the General Election; and, WHEREAS, election protection is a non-partisan issue focused on upholding the Constitution and protecting widely-shared values of accountable government and democratic freedoms; and, WHEREAS, democratically held elections are an exercise in determining and upholding the collective will of the American people, regardless of the outcome; and, WHEREAS, attempts to deny Americans the right to have their voices heard as guaranteed in the U.S. Constitution is an offense to the democratic values we cherish and uphold; and, PAGE 13 OF 19 Regular Meeting Minutes – November 9, 2020 WHEREAS, the right and privilege of voting should be revered and defended by elected leaders at all levels; NOW, THEREFORE, BE IT RESOLVED, in light of recent threats to free and fair elections and reports of efforts to circumvent the election results, the Mayor and Council of the Borough of Madison affirm their support for the following pillars of the democratic process: that all votes must be counted, without interference or intimidation; that incidents of fraud, voter suppression, or other election irregularities must be investigated impartially and remedied as appropriate; and that the true election results must be respected, regardless of who wins; and, BE IT FURTHER RESOLVED, a copy of this resolution will be forwarded to the Governor, Secretary of State, and New Jersey League of Municipalities. R 278-2020 RESOLUTION OF THE BOROUGH OF MADISON APPROVING PARKING SIGNS FOR DEDICATED VETERAN PARKING SPACES WHEREAS, the Patriotic Celebration Committee has recommended the installation of signs to designated Veterans parking spaces in the Waverly Green, Cook Avenue and Elmer Street Parking Lots; and WHEREAS, an example of the proposed sign is attached hereto as recommended by the Patriotic Celebration Committee; and WHEREAS, the Borough Council has determined to authorize such sign installations in municipal parking lots to designate spaces for Veterans Parking. 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 installation of one (1) designated parking sign at each lot, Waverly Green, Cook Avenue and Elmer Street Parking Lot, is hereby approved. R 279-2020 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING PURCHASE OF A PICKUP TRUCK AND ACCESSORIES FOR THE WATER DEPARTMENT THROUGH THE NEW JERSEY COOPERATIVE PRICING SYSTEM WHEREAS, the Borough of Madison desires to award a contract for the purchase of a pickup truck and accessories through the New Jersey Cooperative Pricing System program; and WHEREAS, the purchase of goods and services by local contracting units is authorized by the Local Public Contracts Law, N.J.S.A. 40A:11-10, et seq.; and PAGE 14 OF 19 Regular Meeting Minutes – November 9, 2020 WHEREAS, Cherry Hill Winner Ford, of Cherry Hill New Jersey, has been awarded the New Jersey Cooperative Pricing System contract number T-2102/A 88215, Vehicles; Sedans, Sport Utility Vehicles and Trucks; and WHEREAS, the Borough Acting Purchasing Agent has recommended that the Borough Council utilize this contract for the purchase of a pickup truck and accessories; and WHEREAS, funds are available in Ordinance 37-2020, 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. NOW, THEREFORE, BE IT RESOLVED by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, as follows: 1. A contract with Cherry Hill Winner Ford, of Cherry Hill New Jersey for the purchase of a pickup truck and accessories for the Water Department, in an amount not to exceed $69,777.00 is hereby approved. 2. The Borough Administrator is hereby authorized and directed on behalf of the Borough to execute a purchase order and contract to Cherry Hill Winner Ford, of Cherry Hill, New Jersey, for the purchase of a pickup truck and accessories for the Water Department, in a form acceptable to the Borough Attorney. R 280-2020 RESOLUTION OF THE BOROUGH OF MADISON AWARDING BID FOR THE PURCHASE OF NEW, UNUSED ELECTRIC UTILITY ELECTRONIC AMR/AMI SYSTEM REVENUE METERS AND WATER UTILITY ELECTRONIC AMR/AMI SYSTEM METER COMMUNICATIONS MODULE TO BYRAM LABORATORIES, INC. WHEREAS, the Borough of Madison publicly advertised for bids for the purchase of new, unused Electric Utility Electronic AMR/AMI System Revenue Meters and Water Utility Electronic AMR/AMI System Meter Communications Modules (the “Contract”) in accordance with the Local Public Contracts Law, N.J.S.A. 40A:11-1, et seq.; and WHEREAS, the sole qualified bid was submitted by Byram Laboratories, Inc. of Branchburg, N.J., in the amount of $149,421.12; and WHEREAS, the Acting Purchasing Agent and Borough Attorney have recommended that the Borough Council award the contract to Byram Laboratories, Inc. in the amount of $149,421.12; and PAGE 15 OF 19 Regular Meeting Minutes – November 9, 2020 WHEREAS, funds are available in Ordinance 10-2018, and Ordinance 28- 2020 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 contract for the purchase of new, unused Electric Utility Electronic AMR/AMI System Revenue Meters and Water Utility Electronic AMR/AMI System Meter Communications Modules is hereby awarded to Byram Laboratories, Inc. based upon its qualified bid, in the amount of $149,421.12. 2. The Mayor and Borough Clerk are hereby authorized and directed on behalf of the Borough to enter into the contract with Byram Laboratories, Inc. in a form acceptable to the Borough Attorney. R 281-2020 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING SPECIAL EVENT PERMITS TO ALLOW THE USE OF NILES PARK BY COVENANT HOUSE NJ FOR AN OVERNIGHT EVENT ON NOVEMBER 19, 2020 WHEREAS, Covenant House New Jersey has requested permission to use public property on November 19, 2020, for an overnight event at Niles Park; and WHEREAS, the Borough Administrator has recommended that such permission be granted; and WHEREAS, Covenant House has submitted a Special Event Permit Application to the Borough, paid all fees and provided a Certificate of Liability Insurance naming the Borough of Madison as an additional insured; and WHEREAS, the Borough Council agrees with this recommendation. NOW, THEREFORE, BE IT RESOLVED, by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, that Covenant House New Jersey is hereby given permission to use Niles Park, November 19th, 2020, for an overnight event, subject to such safety requirements as may be directed by the Madison Police Department and/or Fire Department. R 282-2020 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING 2020 BUDGET TRANSFERS WHEREAS, certain transfers of funds for various 2020 budget appropriations are necessary to cover anticipated expenditures; and PAGE 16 OF 19 Regular Meeting Minutes – November 9, 2020 WHEREAS, N.J.S.A. 40A:4-58 provides for transfer of appropriations with an excess over and above the amount deemed necessary to fulfill their purposes to those appropriations deemed to be insufficient; and WHEREAS, the appropriations subject to fund transfers hereby are not within those restricted by N.J.S.A. 40A:4-58 for transfer purposes. NOW, THEREFORE, BE IT RESOLVED, by an affirmative vote of the members of the Council of the Borough of Madison, in the County of Morris, New Jersey, that the Chief Financial Officer is hereby authorized to make transfers between appropriation accounts of the 2020 Municipal Budget as follows: Department Department Amount Amount Requesting Reason for Request Supplying Transferred Requested Transfer In Funds Out “Health Dept. Salary & Additional Staff hours “Fuel” $20.000 $20,000 Wages” 330- due to global health 460-421 110 FCOA pandemic FCOA 31- 27-330-1 430-2 “Fire Dept. Volunteer “Fuel” 460- Additional funds Stipend” 265- $4,000 421 FCOA $4,000 needed 216 FCOA 31-430-2 25-265-2 “Fire Dept. “Insurance” vehicle Additional funds 210-514 $ 8,000 $8,000 Maintenance” needed FCOA 23- 317-411 210-2 R 283-2020 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING APPOINTMENT OF MICHAEL DOLLAR TO THE POSITION OF MECHANIC IN THE PUBLIC WORKS DEPARTMENT WHEREAS, the Acting Personnel Director and Director of Public Works have recommended that an offer of employment be made to Michael Dollar for the position of Mechanic in the Public Works Department; and WHEREAS, the Acting Personnel Director be authorized to hire Michael Dollar for the position of Mechanic in the Public Works Department upon receipt of satisfactory results of physical and back assessment and drug/alcohol test, effective immediately, at an annual salary of $54,101.00 in accordance with the appropriate collective bargaining unit contract. PAGE 17 OF 19 Regular Meeting Minutes – November 9, 2020 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, as follows: 1. The Acting Personnel Director shall make an offer of employment to Michael Dollar for the position of mechanic in the Public Works Department. 2. The Acting Personnel Director is authorized to hire Michael Dollar for the position of Mechanic in the Public Works Department upon receipt of satisfactory results of physical and back assessment and drug/alcohol test, effective immediately, at an annual salary of $54,101.00 in accordance with the appropriate collective bargaining unit contract. 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 $3,881,582.66 General Capital Fund 6,425.60 Electric Operating Fund 892,794.53 Electric Capital Fund 0.00 Water Operating Fund 8,699.91 Water Capital Fund 3,081.22 Trusts 1,921,010.45 Total $6,713,594.37 The following roll call vote was recorded approving the aforementioned vouchers: Yeas: Mrs. Vitale, Ms. Baillie, Ms. Byrne, Mr. Hoover, Ms. Coen, Ms. Ehrlich Nays: None NEW BUSINESS Mayor Conley announces the following appointment and requested Council confirmation: SHADE TREE MANAGEMENT COMMISSION Kate Bartley, Prospect Street, unexpired five-year term through December 31, 2022. Mrs. Vitale moved confirmation of the foregoing appointments. Ms. Baillie seconded the motion, which passed with a unanimous voice call vote recorded. ADJOURN There being no further business to come before the Council, the meeting was adjourned at 9:16 p.m. Respectfully submitted, PAGE 18 OF 19 Regular Meeting Minutes – November 9, 2020 Elizabeth Osborne Borough Clerk Approved November 23, 2020 (EO) PAGE 19 OF 19