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Mayor & Council

Regular Meeting

Madison, NJ · March 22, 2021

AgendaMinutes

Minutes

MINUTES OF A REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF MADISON March 22, 2021 - 7 p.m. CALL TO ORDER The Regular Meeting of the Mayor and Council of the Borough of Madison was held on the 22nd day of March, 2021. 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 7, 2021. 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: Astri J. Baillie Maureen Byrne John F. Hoover Debra J. Coen Rachael Ehrlich Robert Landrigan 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 Ms. Byrne 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. PERSONNEL MATTERS (4) FIRE DEPARTMENT Regular Meeting Minutes – March 22, 2021 OFFICE ASSISTANT – TAX ASSESSOR/CONSTRUCTION NATURE NUTS PUBLIC SAFETY TELECOMMUNICATIONS OFFICER 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 8 p.m. via teleconference with all members present. The Pledge of Allegiance was recited by all. Mayor Conley asked for a moment of silence for the passing of the following Madison residents: Anne Cervone Palma Barbara Leverentz Michael Rabasca As well as those killed in the recent Atlanta, GA shooting of several Asian Americans. APPROVAL OF MINUTES - NONE GREETINGS TO PUBLIC Mayor Conley made the following comments: Mayor Conley noted the one year anniversary of virtual Council meetings due to the COVID-19 pandemic, and encouraged residents continue to follow safety guidelines, get vaccinated and stay ‘Madison Strong’. REPORTS OF COMMITTEES Public Safety Ms. Byrne, Chair of the Committee, made the following comments: The Fire Department reports that the NJ Forest Fire Service will be conducting a prescribed burn tomorrow, Tuesday March 23, at the MRC. The event was planned in the late fall and now the site conditions and weather have aligned and tomorrow is the day. Madison and Florham Park Fire Departments will be standing by at the MRC during the burn. The burn is expected to start around 10:00am and conclude by noon. Notifications have gone out to local residents and more will be made tomorrow morning. Ms. Byrne read a letter form retiring Police Chief Darren Dachisen thanking the Mayor and Council and community for the opportunity to serve. Finance and Borough Clerk Ms. Baillie, Chair of the Committee, made the following comments: In anticipation of the June 8th Primary Election, the filing Deadline for Nomination Petitions for County Committee Member as well as Municipal Office, is 4:00 p.m., April 5, 2021. Forms are available in the Borough Clerk’s Office or online at the Morris County Clerk’s website. Voter Registration forms, as well as Mail in Ballot applications, are also available in the Borough Clerk’s office or on line at morriselections.org . Polls will be open for in-person voting on June 8th, residents that wish to vote by mail may do so by applying for a Mail-in ballot before June 1st. Ms. Baillie also noted the introduction of the 2021 municipal budget, listed on tonight’s agenda. PAGE 2 OF 17 Regular Meeting Minutes – March 22, 2021 Public Works and Engineering Mr. Hoover, Chair of the Committee, made the following comments: The Department of Public Works has replaced roadway barricades for outdoor dining, with the help from the Police Department on placement. Benches are also being installed. The new Street sweeper has arrived and staff is being trained. Crews continue to work on filling potholes. The Engineering Department will accept bids for the 2021 Road Improvement program on March 30th at 11:00 am. The contract agreement for Hartley Dodge Memorial Plaza restoration has been sent to the general contractor Merrill & Garaguso of Swedesboro, NJ and a preconstruction meeting is planned for this week. Bid documents for the MRC Trail project will be advertised next week with construction work planned during the summer months. Similarly, quotes for trails at Summerhill Park and playground improvements at Dodge Field will be collected for April. The Madison Sidewalk Incentive Program includes a partial reimbursement for any sidewalk improvement undertaken by private property owners within the municipal right of way and a discount permit and inspection process. The rebuilt pump for Well AB Treatment plant was delivered and installed last Thursday. Community Affairs Ms. Coen, Chair of the Committee, made the following comments: The next meeting of the Downtown Development Commission will be held on April 15, 2021. May Day will be held this year on Saturday May 1st. Information on volunteering is available on the Borough’s website. The Taste of Madison, the annual Farmer’s Market and ‘Shelly the Easter Egg’ funfest are some of the activities the DDC is planning this spring. Spring Ahead with the Arts series is currently being planned for April/May on Waverly Place Utilities Ms. Ehrlich, Chair of the Committee, made the following comments: The Electric Department is starting to convert the streetlights on Woodland Road to LED. The Department set three new poles (one on Rosemont Avenue, one on Rosewood Drive, and one on Union Hill Road) in preparation for service upgrade. The Stand-By crew was called out twice last week, once to remove a large branch from a service line on Greenwood Avenue and once to repair a low hanging wire in the roadway on Pomeroy Road. The Water Department reports installation of a new water tap and service line to a new home at 57 Fairview Avenue. The Water Department also responded to service calls for water turn off and turn on for customer valve replacements as well as water shut off and meter removal for house demolitions. Health Mr. Landrigan, Chair of the Committee, made the following comments: To date, there have been 705 cases of COVID-19 reported in the Borough, with 41 active cases, currently. Vaccine sites are up and running at the Rockaway Mall, CVS and Rite AID pharmacies and other area locations. A hotline for residents 65 and older to find vaccine appointments has been establish. That number is 856-249-7007, additional information is available on the Borough’s website. 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. PAGE 3 OF 17 Regular Meeting Minutes – March 22, 2021 Thomas Haralampoudis; Pomeroy Road, noted Mr. Burnet’s presentation of the proposed municipal budget for 2021, asking if it’s possible to prioritize construction projects and change if necessary. Pat Rowe; Pine Avenue, asked for additional information regarding the proposed municipal budget and asked that introduction be deferred until after information regarding Federal tax relief funds in received. Michael Shugrue; West End Avenue, asked if Council will move forward with replacing two retired firefighters. Chris Holland; Locust Street, inquired about the possibility of paddle tennis courts at the Madison Community Pool site and what the process would be to appropriate funds. Denise Katz; Parkside Avenue, thanked the Mayor and Council for the budget presentation, noting that the information helps the public to understand the process. Christine Boyle; Buckingham Drive, Thank the Council for transparency curing the budget process, noting her support of the 2% increase in the proposed budget. Kathy Dailey; West End Avenue, asked that the budget resolution be read in full into the record and asked for clarification of additional COVID-19 relief in the proposed budget. Dennis Schreiber; Amelia Court, asked what projects have been cut from the proposed municipal budget and suggested removing bump-outs from the Green Avenue improvement project. Maria Slabaugh; Stafford Drive, thanked the Council for information regarding the proposed budget and noted Borough’s Affordable Housing obligation Ms. Slabaugh noted her support of the proposed budget. Joseph Gilmore; Central Avenue, inquired about the firefighter hiring process. Dave Luber; Lawrence Drive, raise concern regarding future municipal budgets, including tax appeals, reminding Council to follow strategic guidelines. Ross Snyder; Pomeroy Road, noted the incredible challenge the past year has been and how grateful he is to be a Madison resident. Since no other member of the public wished to be heard, the invitation for discussion was closed. INTRODUCTION OF THE 2021 BUDGET AND TAX RESOLUTION R 89-2021 R 88-2021 RESOLUTION OF THE BOROUGH COUNCIL OF THE BOROUGH OF MADISON COUNTY OF MORRIS, STATE OF NEW JERSEY, REQUESTING PERMISSION FROM DLGS FOR USE OF A THREE-YEAR AVERAGE FOR REVENUE ANTICIPATION FOR 2021 WHEREAS, the Borough of Madison, County of Morris realized less collections for certain revenue lines for the year 2020, and PAGE 4 OF 17 Regular Meeting Minutes – March 22, 2021 WHEREAS, the Certain Revenue lines was adversely impacted by COVID- 19, and WHEREAS, the cash collections on or the three prior year was as follows, Rosenet User Year Other Licenses Fees and Permits Fees 2018 $36,813.00 $375,503.98 $48,288.00 2019 $24,942.00 $362,235.35 $63,032.64 2020 $22,365.00 $266,725.02 $ 1,700.00 Average $28,040.00 $334,821.45 $37,673.55 2021 Anticipated $24,695.00 $290,000.00 $37,000.00 and WHEREAS the Mayor and Borough Council believe these revenue collections for the year 2021 will improve over the year 2020. NOW, THEREFORE, BE IT RESOLVED by the Borough Council of the Borough of Madison that permission be requested of the Director of the Division of Local Government Services to permit the Borough to anticipate an average revenue for certain revenue lines for the year ended December 31, 2021. Ms. Byrne moved adoption of Resolution 88-2021. Ms. Baillie seconded the motion. There was no Council discussion and the motion passed with the following roll call vote recorded: Yeas: Ms. Baillie, Ms. Byrne, Mr. Hoover, Ms. Coen, Ms. Ehrlich, Mr. Landrigan Nays: None CAP BANK ORDINANCE Mayor Conley calls up Ordinance 13-2021 for first reading and asked the Borough Clerk to read said ordinance by title: ORDINANCE 13-2021 CALENDAR YEAR 2020 ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK (N.J.S.A. 40A: 4-45.13) 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 1.0% 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 2021 budget by up to 3.5% over the previous PAGE 5 OF 17 Regular Meeting Minutes – March 22, 2021 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 $749,757.12 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 2021 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 $749,757.12 and that the CY 2021municipal 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. Ms. Byrne moved that Ordinance 13-2021, which was read by title, be introduced. Ms. Baillie seconded the motion. There was no further Council discussion, and the motion passed with the following roll call vote recorded: Yeas: Ms. Baillie, Ms. Byrne, Mr. Hoover, Ms. Coen, Ms. Ehrlich, Mr. Landrigan Nays: None Mr. Burnet noted the process and several highlights of the proposed budget including the State guidelines for Introduction and Adoption. Borough Auditor Marlene Dolan noted that the Borough will have until December of 2024 to spend any Federal relief funds received. BUDGET INTRODUCTION Statement by Borough Clerk: Upon introduction and adoption, the 2021 Budget and Tax Resolution will be published by summary in the Madison Eagle on March 25, 2021 with a public hearing date set for Monday, April 26, 2021 at 8 p.m. via teleconference, at which time and place all interested individuals will have an opportunity to be heard, and there will be consideration for final adoption. A copy of the budget as introduced will be filed with the Madison Public Library and the County Library, and posted on the Borough’s website for public review. R 89-2021 RESOLUTION OF THE BOROUGH OF MADISON ADOPTING THE 2021 BUDGET AND TAX RESOLUTION PAGE 6 OF 17 Regular Meeting Minutes – March 22, 2021 Ms. Baillie moved adoption of Resolution 89-2021. Ms. Byrne seconded the motion. There was no Council discussion and the motion passed with the following roll call vote recorded: Yeas: Ms. Baillie, Ms. Byrne, Mr. Hoover, Ms. Coen, Ms. Ehrlich, Mr. Landrigan Nays: None COMMUNICATIONS AND PETITIONS The Borough Clerk announced receipt of the following communications: Email dated March 9, 2021, from David Steketee, of Ferndale Road regarding Resolution 87-2021, supporting corrective legislation in regards to Senate Bill No. 3454. Email dated March 18, 2021, from Krista Klein of Green Village Road regarding the anti-Asian killings in Atlanta GA and asking that a thin blue line sign at a local business be removed. AGENDA DISCUSSIONS 03/22/2021-1 MADISON CHATHAM JOINT MEETING REVISED BYLAWS Mayor Conley explained that a special committee of three members of the Council were appointed to consider the proposed amendments to the Madison Chatham Joint Meeting Bylaws and the committee has presented its recommendations to the Joint Meeting members. Resolution 97-2021 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 8, 2021, 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 Ordinance 12-2021 for second reading and asked the Clerk to read said ordinances by title: ORDINANCE 12-2021 ORDINANCE OF THE BOROUGH OF MADISON AMENDING CHAPTER 166 OF THE BOROUGH CODE ENTITLED ‘STREETS AND SIDEWALKS’ TO AMEND THE SIDEWALK REIMBURSEMENT PROGRAM WHEREAS, the Borough Engineer has recommended that the Borough Code regarding sidewalk maintenance be amended; and WHEREAS, the Borough Council has determined that there is a need to approve such amendment to incentivize residents to maintain their sidewalks. 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 166 of the PAGE 7 OF 17 Regular Meeting Minutes – March 22, 2021 Borough Code entitled “Streets and Sidewalks,” Sections 166-34 D shall be amended as follows: SECTION 1: § 166-34. Construction of sidewalks; municipal partial reimbursement program. A. .... D. Upon final approval of the Borough Engineer, a residential property owner may apply to the Borough for partial reimbursement of the cost of replacement of an existing sidewalk or construction of a new sidewalk on land abutting a public street. The reimbursement shall be $40 per square yard or 50% of the public bid prices in Madison based on an annual assessment by the Borough Engineer. The reimbursement shall apply to sidewalk installation only and shall not apply to ancillary work such as landscaping, lawn sprinklers and electronic dog fences. The property owner shall submit to the Borough Engineer all bills associated with the project as well as evidence of payment to the contractor. The Borough Council shall appropriate an amount annually for this program, and the reimbursements will be paid up to the annual limit to those who file first in time. 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 12-2021. Since no member of the public wished to be heard, the public hearing was closed. Mr. Hoover moved that Ordinance 12-2021, which was read by title, be finally adopted. Ms. Coen seconded the motion. There was no Council discussion, and the motion passed with the following roll call vote recorded: Yeas: Ms. Baillie, Ms. Byrne, Mr. Hoover, Ms. Coen, Ms. Ehrlich, Mr. Landrigan Nays: None Mayor Conley declared Ordinance 12-2021 adopted and finally passed and asked the Clerk to publish notice thereof in the newspaper and file the ordinance in accordance with the law. INTRODUCTION OF ORDINANCES- NONE 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. PAGE 8 OF 17 Regular Meeting Minutes – March 22, 2021 Dennis Schreiber; Amelia Court, asked that bump outs on Green Avenue be removed from the Capital budget and that Council consider cutting staff and other expenses in lieu of an increase in the municipal tax rate. Matt Kean; Alma Avenue, thanked Council for approving a Madison Fire Department hiring list, and asked when two firefighters will be hired. Christine Boyle; Buckingham Drive, thanked Mr. Burnet for his presentation, noting her appreciation of municipal services. George Hayduke; Surrey Lane, asked for a definitive answer to hiring two firefighters. Thomas Haralampoudis; Pomeroy Road, inquired about Open Space, Recreation and Historic Preservation funds and how funding for projects is determined. Kathy Dailey; West End Avenue, noted she doesn’t see tightening in the municipal budget. Pat Rowe; Pine Avenue, asked how Federal stimulus funds can be spent. Mr. Rowe also inquired how the increase in the Borough’s tax rate relates to other towns. Maria Slabaugh; Stafford Drive, noted that she does not see how anyone could say they do not feel good about this budget. Since no other member of the public wished to be heard, the invitation for discussion was closed. 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. Byrne moved adoption of the Resolutions listed on the Consent Agenda. Ms. Baillie seconded the motion. Ms. Baillie abstained from voting on Resolution 101-2021. There was no Council discussion and the motion passed with the following roll call vote recorded: Yeas: Ms. Baillie, Ms. Byrne, Mr. Hoover, Ms. Coen, Ms. Ehrlich, Mr. Landrigan Nays: None R 90-2021 SELF-EXAMINATION OF BUDGET RESOLUTION WHEREAS, N.J.S.A. 40A:4-78b has authorized the Local Finance Board to adopt rules that permit municipalities in sound fiscal condition to assume the responsibility, normally granted to the Director of the Division of Local Government Services, of conducting the annual budget examination; and PAGE 9 OF 17 Regular Meeting Minutes – March 22, 2021 WHEREAS, N.J.A.C. 5:30-7 was adopted by the Local Finance Board on February 11, 1997; and WHEREAS, pursuant to N.J.A.C. 5:30-7.2 through 7.5, the Borough of Madison has been declared eligible to participate in the program by the Division of Local Government Services, and the Chief Financial officer has determined that the local government meets the necessary conditions to participate in the program for the 2021 budget year. NOW THEREFORE BE IT RESOLVED by the governing body of the Borough of Madison that in accordance with N.J.A.C. 5:30-7.6a & 7.6b and based upon the Chief Financial Officer's certification, the governing body has found the budget has met the following requirements: 1. That with reference to the following items, the amounts have been calculated pursuant to law and appropriated as such in the budget: a. Payment of interest and debt redemption charges b. Deferred charges and statutory expenditures c. Cash deficit of preceding year d. Reserve for uncollected taxes e. Other reserves and non-disbursement items f. Any inclusions of amounts required for school purposes. 2. That the provisions relating to limitation on increases of appropriations pursuant to N.J.S.A. 40A:4-45.2 and appropriations for exceptions to limits on appropriations found at N.J.S.A. 40A:4-45.3 et seq., are fully met (complies with CAP law). 3. That the budget is in such form, arrangement, and content as required by the Local Budget Law and N.J.A.C. 5:30-4 and 5:30-5. 4. That pursuant to the Local Budget Law: a. All estimates of revenue are reasonable, accurate and correctly stated, b. Items of appropriation are properly set forth c. In itemization, form, arrangement and content, the budget will permit the exercise of the comptroller function within the municipality. 5. The budget and associated amendments have been introduced and publicly advertised in accordance with the relevant provisions of the Local Budget Law, except that failure to meet the deadlines of N.J.S.A. 40A:4-5 shall not prevent such certification. 6. That all other applicable statutory requirements have been fulfilled. BE IT FURTHER RESOLVED that a copy of this resolution will be forwarded to the Director of the Division of Local Government Services upon adoption. PAGE 10 OF 17 Regular Meeting Minutes – March 22, 2021 R 91-2021 RESOLUTION OF THE BOROUGH OF MADISON APPROVING A PROBATIONARY FIREFIGHTER LIST WHEREAS, the Fire Chief has recommended establishment of a hiring list of candidates to fill any future vacancies in the Fire Department, said list to remain in effect for eighteen months from the adoption of this Resolution; and WHEREAS, the Borough Administrator has recommended that said hiring list be established. NOW, THEREFORE, BE IT RESOLVED by the Council of the Borough of Madison, in the County of Morris in the State of New Jersey that the Fire Department hiring list described herein is hereby established for a period of twelve months from the date of adoption of this Resolution. R 92-2021 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING ADVERTISEMENT FOR PART-TIME OFFICE ASSISTANT WHEREAS, the Personnel Director has recommended the advertisement of a part-time office assistant for the Tax Assessor Office and the Construction Department; and WHEREAS, funds for this purpose are contained in the proposed 2021 Municipal budget; and WHEREAS, the 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 Personnel Director is authorized to advertise for the part-time office assistant position for the Tax Assessor Office and the Construction Department. R 93-2021 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING A CONTRACT WITH MCNEES, WALLACE & NURICK, LLC AS SPECIAL COUNSEL FOR THE ELECTRIC UTILITY WHEREAS, the position of Special Counsel for the Electric Utility Power, is needed for the Borough of Madison and is required to be filled by persons, organizations or other entities providing professional services; and PAGE 11 OF 17 Regular Meeting Minutes – March 22, 2021 WHEREAS, pursuant to N.J.S.A. 40A:11-5, professional services for the Borough may be retained without public bidding; and WHEREAS, it is in the public interest to retain such professional services without public bidding in view of their qualitative nature; and WHEREAS, funds are available for these professional services; NOW, THEREFORE, BE IT RESOLVED, by the Council of the Borough of Madison, County of Morris, State of New Jersey, that the following appointment of McNees, Wallace & Nurick, LLC as Special Counsel for the Electric Utility for the year 2021 is hereby authorized without public bidding as professional services within the meaning of the New Jersey Local Public Contracts Law. BE IT FURTHER RESOLVED , that the Mayor is hereby authorized to execute a contract for professional services with McNeels Wallace & Nurick, LLC, and the Borough Clerk is hereby directed to publish notice of the adoption of this resolution in the official newspaper of the Borough within ten (10) days of its adoption pursuant to N.J.S.A. 40A:11-5. R 94-2021 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING ADVERTISEMENT FOR AN ASSISTANT DIRECTOR AND COUNSELORS FOR THE NATURE NUTS SUMMER PROGRAM WHEREAS, the Personnel Director has recommended the advertisement for an Assistant Director and Counselors for the Nature Nuts Summer Program; and WHEREAS, funds for this purpose are contained in the proposed 2021 Municipal budget; and WHEREAS, the 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 Personnel Director is authorized to advertise for an Assistant Director and Counselors for the Nature Nuts Summer Program. R 95-2021 RESOLUTION OF THE BOROUGH OF MADISON SUPPORTING THE ESTABLISHMENT OF A VETERANS AFFAIRS (VA) CENTER IN NORTHWEST, NEW JERSEY WHEREAS, Veterans’ Centers are critical community-based counseling centers that provide social and psychological services, including professional readjustment counseling, marriage counseling, and family counseling to eligible Veterans, active duty service members, Reservists, members of the National Guard, and their families, by offering services during non-traditional hours; and PAGE 12 OF 17 Regular Meeting Minutes – March 22, 2021 WHEREAS, the Veterans Administration (VA) operates five Vet Centers in New Jersey, located in Bloomfield Township, Egg Harbor Township, Ewing Township, Lakewood Township, and Secaucus Township”; and WHEREAS, veterans residing in Morris, Sussex, Warren and Hunterdon Counties utilize the Vets Center located in either Bloomfield, Secaucus or Ewing, placing severe travel burden on individuals who need to travel, sometimes over an hour, to receive necessary mental health services.; and WHEREAS, due to the COVID-19 pandemic, many veterans are reporting increased rates of hypervigilance, isolation, anxiety and stress; and WHEREAS, by establishing a sixth Vet Center in Northwest, New Jersey, the VA will be able to continue to provide quality counseling services to veterans, service members, Reservists, members of the national Guard and their families in an accessible location closer to their homes. NOW, THEREFORE, BE IT RESOLVED by the Borough Council of the Borough of Madison supports the efforts of United States Senator Cory A. Booker and Congress Members Mikie Sherill, Tom Malinowski and Josh Gottheimer in asking for the establishment of a U.S. Department of Veterans Affairs (VA) Vet Center in Northwest, New Jersey. R 96-2021 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING PURCHASE OF BOROUGH CELL PHONES AND TABLETS THROUGH THE NEW JERSEY COOPERATIVE PRICING SYSTEM WHEREAS, the Borough of Madison desires to award a contract for the purchase of Borough cell phones and tablets 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 WHEREAS, Verizon Wireless, of New York, NY, has been awarded the New Jersey Cooperative Pricing System contract number T216A/82583, Wireless Devices and Services; and WHEREAS, the Borough Qualified Purchasing Agenda/Personnel Director has recommended that the Borough Council utilize this contract for the purchase of Borough cell phones and tablets; and PAGE 13 OF 17 Regular Meeting Minutes – March 22, 2021 WHEREAS, funds are available in an account 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. A contract with Verizon Wireless, of New York, NY for the purchase of Borough cell phones and tablets, in an amount not to exceed $40,000.00 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 Verizon Wireless, of New York, NY, for the purchase of Borough cell phones and tablets, in a form acceptable to the Borough Attorney. R 97-2021 RESOLUTION OF THE BOROUGH OF MADISON AMENDING MADISON CHATHAM JOINT MEETING BYLAWS FOR 2021 WHEREAS, the Borough Council wishes to amend the Joint Meeting Bylaws; and WHEREAS, a special committee of three members of the Council was appointed by the Mayor to consider the proposed amendments and said committee has presented its recommendations to the Council at a regular public meeting; and WHEREAS, the Bylaws may be amended by a two-thirds vote of the Council. NOW, THERFORE, BE IT RESOLVED, by the Council of the Borough of Madison, County of Morris, State of New Jersey that the proposed amendments to the Joint Meeting Bylaws be and are approved. R 98-2021 RESOLUTION OF THE BOROUGH OF MADISON APPOINTING ALESSANDRO AMATO TO THE POSITION OF PER DIEM PUBLIC SAFETY TELECOMMUNICATIONS OFFICER WHEREAS, the Personnel Director recommends the appointment of Alessandro Amato to the position of Per Diem Public Safety Telecommunications Officer; and WHEREAS, the 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 Alessandro Amato is hereby appointed to the position of Per Diem Public Safety Telecommunications Officer effective immediately; and PAGE 14 OF 17 Regular Meeting Minutes – March 22, 2021 BE IT FURTHER RESOLVED, that Alessandro Amato be compensated at the hourly rate of $22.50/hour. R 99-2021 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING PURCHASE OF LANDSCAPE CHEMICAL APPLICATION AND FERTILIZATION SERVICES THROUGH THE SOMERSET COUNTY COOPERATIVE PRICING SYSTEM WHEREAS, the Borough of Madison desires to award a contract for the purchase of Landscape chemical application and fertilization services through the Somerset County 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 WHEREAS, TruGreen, has been awarded the Somerset County Cooperative Pricing System contract number #CC-0110-20, Landscape chemical application and fertilization services; and WHEREAS, the Borough Acting Qualified Purchasing Agent has recommended that the Borough Council utilize this contract for the purchase of Landscape chemical application and fertilization services; and WHEREAS, funds are available in an account 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 Somerset County, as follows: 1. A contract with TruGreen for the purchase of Landscape chemical application and fertilization services, in an amount not to exceed $40,000.00 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 TrueGreen, for the purchase of Landscape chemical application and fertilization services, in a form acceptable to the Borough Attorney. R 100-2021 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING GOOD GRIEF INC. TO HOLD A 5K RUN AT GIRALDA FARMS ON SUNDAY, JUNE 6, 2021 WHEREAS, Good Grief, Inc. has requested permission to use portions of Laurel Way, Woodland Road, Treadwell Avenue, and Madison Avenue in connection with a benefit 5k run at Giralda Farms; and PAGE 15 OF 17 Regular Meeting Minutes – March 22, 2021 WHEREAS, the Police Chief recommends approval of this request; and WHEREAS, Good Grief, Inc. has agreed to reimburse the Madison Police Department for all expenses incurred in connection with the monitoring of said race; and WHEREAS, the Borough Council has reviewed said request and determined that it should be granted. NOW, THEREFORE, BE IT RESOLVED, by the Council of the Borough of Madison, in the County of Morris, State of New Jersey that Good Grief, Inc. is hereby granted permission to use portions of Laurel Way, Woodland Road, Treadwell Avenue, and Madison Avenue in connection with the 5k Run to be conducted on Sunday, June 6, 2021, between the hours of 7:00 a.m. and 2:00 p.m. subject to the condition that Good Grief, Inc. reimburse the Madison Police Department for all expenses incurred in connection with the monitoring of said race. R 101-2021 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING USE OF KINGS ROAD MUNICIPAL PARKING LOT BY THE MADISON YMCA WHEREAS, the Madison Area YMCA has requested permission to use Kings Road Municipal Parking Lot from April 1, 2021 through June 31, 2021, between the hours of 3:00 p.m. and 6:30 p.m. for an outdoor group exercise; and WHEREAS, the Borough Administrator has recommended that such permission be granted; and WHEREAS, the Madison Area YMCA has submitted an Application to the Borough as well as 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 the Madison Area YMCA is hereby given permission to hold outdoor group exercise at the Kings Road Municipal Parking Lot, from April 1, 2021 through June 31, 2021, between the hours of 63:00 p.m. and 6:30 p.m., subject to such safety requirements as may be directed by the Madison Police Department and/or Fire Department and the Recreation Director. UNFINISHED BUSINESS - None APPROVAL OF VOUCHERS On motion by Ms. Byrne, seconded by Ms. Baillie and carried, the following vouchers of the Borough of Madison were approved for payment, and the PAGE 16 OF 17 Regular Meeting Minutes – March 22, 2021 supporting documentation of said vouchers was made part of the Supplemental Minute Book. Current Fund $3,943,001.71 General Capital Fund 16,793.03 Electric Operating Fund 52,167.10 Electric Capital Fund 0.00 Water Operating Fund 4,887.44 Water Capital Fund 10,200.00 Trusts 353.50 Total $4,026,742.78 The following roll call vote was recorded approving the aforementioned vouchers: Yeas: Ms. Baillie, Ms. Byrne, Mr. Hoover, Ms. Coen, Ms. Ehrlich, Mr. Landrigan Nays: None NEW BUSINESS Mayor Conley announced the following appointment and requested Council confirmation: TECHNOLOGY TASK FORCE Term through December 31, 2021. Mayor Robert Conley Councilwoman Debra Coen Borough Administrator Ray Codey CFO/Asst Borough Administrator Jim Burnet IT Director Jim Sanderson Resident Claudine Berti Resident Eric Range Communications/ Technology Coordinator Michael Pellessier Ms. Baillie moved confirmation of the foregoing appointments. Ms. Byrne 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 10:25 p.m. Respectfully submitted, Elizabeth Osborne Borough Clerk Approved May 10, 2021 (EO) PAGE 17 OF 17

Agenda

MAYOR AND COUNCIL REGULAR MEETING AGENDA MARCH 22, 2021 Via teleconference 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 Via teleconference - 8 p.m. 6. RECONVENE WITH (ALL) MEMBERS PRESENT ON MARCH 22, 2021 7. PLEDGE OF ALLEGIANCE 8. MINUTES FOR APPROVAL 9. GREETING TO PUBLIC 10. REPORTS FROM COMMITTEES Public Safety Maureen Byrne/Robert Landrigan Finance and Borough Clerk Astri J. Baillie/Maureen Byrne Public Works and Engineering John Hoover/Debra J. Coen Community Affairs Debra J. Coen/ Rachel F. Ehrlich Utilities Rachel F. Ehrlich/Astri J. Baillie Health Robert Landrigan/John Hoover 11. INVITATION FOR DISCUSSION (1 of 2) 12. INTRODUCTION OF THE 2021 BUDGET AND TAX RESOLUTION R 89-2021 R 88-2021 RESOLUTION OF THE BOROUGH COUNCIL OF THE BOROUGH OF MADISON COUNTY OF MORRIS, STATE OF NEW JERSEY, REQUESTING PERMISSION FROM DLGS FOR USE OF A THREE-YEAR AVERAGE FOR REVENUE ANTICIPATION FOR 2021 CAP BANK ORDINANCE ORDINANCE 13-2021 CALENDAR YEAR 2020 ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK (N.J.S.A. 40A: 4-45.13) BUDGET INTRODUCTION R 89-2021 RESOLUTION OF THE BOROUGH OF MADISON ADOPTING THE 2021 BUDGET AND TAX RESOLUTION 13. COMMUNICATIONS AND PETITIONS 14. AGENDA DISCUSSIONS 03/22/2021-1 MADISON CHATHAM JOINT MEETING REVISED BYLAWS Resolution 97-2021 listed on the Consent Agenda LAST PRINTED 3/19/2021 4:14:00 PM1 MAYOR AND COUNCIL MEETING AGENDA – MARCH 22, 2021 15. ORDINANCES FOR HEARING ORDINANCE 12-2021 ORDINANCE OF THE BOROUGH OF MADISON AMENDING CHAPTER 166 OF THE BOROUGH CODE ENTITLED ‘STREETS AND SIDEWALKS’ TO AMEND THE SIDEWALK REIMBURSEMENT PROGRAM 16. INVITATION FOR DISCUSSION (2 of 2) 17. INTRODUCTION OF ORDINANCES - None 18. CONSENT AGENDA RESOLUTIONS R 90-2021 SELF-EXAMINATION OF BUDGET RESOLUTION R 91-2021 RESOLUTION OF THE BOROUGH OF MADISON APPROVING A PROBATIONARY FIREFIGHTER LIST R 92-2021 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING ADVERTISEMENT FOR PART-TIME OFFICE ASSISTANT R 93-2021 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING A CONTRACT WITH MCNEES, WALLACE & NURICK, LLC AS SPECIAL COUNSEL FOR THE ELECTRIC UTILITY R 94-2021 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING ADVERTISEMENT FOR AN ASSISTANT DIRECTOR AND COUNSELORS FOR THE NATURE NUTS SUMMER PROGRAM R 95-2021 RESOLUTION OF THE BOROUGH OF MADISON SUPPORTING THE ESTABLISHMENT OF A VETERANS AFFAIRS (VA) CENTER IN NORTHWEST, NEW JERSEY R 96-2021 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING PURCHASE OF BOROUGH CELL PHONES AND TABLETS THROUGH THE NEW JERSEY COOPERATIVE PRICING SYSTEM R 97-2021 RESOLUTION OF THE BOROUGH OF MADISON AMENDING MADISON CHATHAM JOINT MEETING BYLAWS FOR 2021 R 98-2021 RESOLUTION OF THE BOROUGH OF MADISON APPOINTING ALESSANDRO AMATO TO THE POSITION OF PER DIEM PUBLIC SAFETY TELECOMMUNICATIONS OFFICER R 99-2021 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING PURCHASE OF LANDSCAPE CHEMICAL APPLICATION AND FERTILIZATION SERVICES THROUGH THE SOMERSET COUNTY COOPERATIVE PRICING SYSTEM R 100-2021 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING GOOD GRIEF INC. TO HOLD A 5K RUN AT GIRALDA FARMS ON SUNDAY, JUNE 6, 2021 R 101-2021 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING USE OF KINGS ROAD MUNICIPAL PARKING LOT BY THE MADISON YMCA 19. Unfinished Business 20. Approval of Voucher, 21. New Business, 22. Adjournment LAST PRINTED 3/19/2021 4:14:00 PM Page 2

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