Mayor & Council

MINUTES OF A REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF MADISON April 12, 2021 – 6:30 p.m. CALL TO ORDER The Regular Meeting of the Mayor and Council of the Borough of Madison was held on the 12th day of April, 2021. Mayor Conley called the meeting to order at 6:30 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 John Napolitano, Esq. for 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) March 8, 2021 Date of public disclosure 60 days after conclusion, if disclosure required. LITIGATION MATTERS (2) AFFORDABLE HOUSING UPDATE AFFORDABLE HOUSING ADMINISTRATIVE AGENT Date of public disclosure 60 days after conclusion, if disclosure required. Regular Meeting Minutes – April 12, 2021 CONTRACT MATTERS (1) 2021 ROAD IMPROVEMENT PROGRAM Date of public disclosure 60 days after conclusion, if disclosure required. PERSONNEL MATTERS (2) NEPOTISM POLICY POLICE 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 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 resident Louise A.Gisoldi. APPROVAL OF MINUTES Ms. Baillie moved approval of the Executive Minutes of March 8, 2021. Ms. Byrne seconded the motion, which passed with a unanimous voice call vote recorded. GREETINGS TO PUBLIC Mayor Conley made the following comments: EMPLOYEE OF THE MONTH FOR APRIL: Police Chief Darren Dachisen has been selected as the Employee of the Month for April. Following in his father’s footsteps, Darren graduated from the Morris County Police Training Academy in 1992. Chief Dachisen rose through the ranks as Patrolman, Detective, Sergeant and Lieutenant in charge of the Patrol Division before being sworn in as Chief of Police. As Chief, Darren’s efforts led to Madison receiving accredited status and he has focused on keeping Madison one of the safest communities in New Jersey. He believes in extensive officer training and a “Guardians First, Warriors Second” philosophy. We thank Chief Dachisen for his 30 years of service and wish him well in his retirement. He started his career walking the “town post” at the corner of Waverly Place and Main Street and will end it the same way April 26th. Please stop by and say hello. Mayor Conley read the following Proclamations: National Public Safety Telecommunicator’s Week (April 11-17) Proclamation of the Borough of Madison Proclaiming April 11-17 as National Public Safety Telecommunicator’s Week PAGE 2 OF 28 Regular Meeting Minutes – April 12, 2021 WHEREAS, emergencies can occur at any time that require police, fire and/or emergency medical services; and WHEREAS, when an emergency occurs, the Madison Public Safety Dispatch Center personnel play a vital role in the protection of human life and property in our community; and WHEREAS, the Madison Public Safety Dispatch Center and the Morris County Communications Center have been successfully serving the public safety communication needs of Madison; and WHEREAS, while enduring long hours, abnormal schedules and handling frequent life and death emergencies, Madison Public Safety Dispatch Center personnel and the Morris County Communications Center (9-1-1 operators) maintain high standards in performing their duties in a dedicated, diligent and compassionate manner; and WHEREAS, Madison Public Safety Dispatch Center and the Morris County Communications Center (9-1-1 operators) provide a critical communication link between the residents and Police, Fire and EMS providers; and WHEREAS, these individuals efficiently coordinate emergency services while exhibiting compassion, understanding and professionalism to ensure the health and safety of our residents, visitors, students and travelers in our community, twenty-four hours a day, seven days a week; and WHEREAS, our Public Safety Communications personnel serve the public daily in countless ways without due recognition by the beneficiaries of their services. NOW, THEREFORE, I, Robert H. Conley, Mayor of the Borough of Madison, on behalf of the Governing Body, do hereby proclaim the week of April 1-17, 2021 as NATIONAL PUBLIC SAFETY TELECOMMUNICATOR’S WEEK, and join in honoring the men and women whose diligence and professionalism keep our community and citizens safe. _____________________________________ Robert H. Conley, Mayor April 12, 2021 Autism Awareness Month Proclamation of the B o r o u g h o f M a d i s on Proclaiming AUTISM AWARENESS MONTH APRIL 2021 PAGE 3 OF 28 Regular Meeting Minutes – April 12, 2021 WHEREAS, autism is a pervasive developmental disorder affecting the social, communication and behavioral skills of those affected by it; and WHEREAS, as more health professionals become proficient in diagnosing autism, more children are being diagnosed on the autism spectrum; and WHEREAS, while there is no cure for autism, it is well documented that if individuals with autism receive early and intensive treatment throughout their lives, they lead significantly improved lives; and WHEREAS, individuals with autism often require a lifetime of specialized and community support services to ensure their health and safety and to support families’ resilience as they manage the psychological and financial burdens autism can present; and WHEREAS, Autism New Jersey, is spearheading an awareness effort in order to educate parents, professionals and the general public about autism and its effects; WHEREAS, individuals with autism, like all other Americans, should have the opportunity to realize their ambitions and lead rewarding lives; NOW, THEREFORE, I, Robert H. Conley, Mayor of the Borough of Madison, on behalf of the governing body, do hereby proclaim April 2021 as Autism Awareness Month and urge all residents to become better educated about autism to create a better community for individuals with autism. _____________________________________ Robert H. Conley, Mayor April 12, 2021 REPORTS OF COMMITTEES Public Safety Ms. Byrne, Chair of the Committee, made the following comments: During the month of March the Department responded to eleven General Alarms, eleven Still Alarms, twenty-seven Investigations and twenty-two Medical calls, for a total of seventy one responses for March. Congratulations to Firefighter Rob Dunne who has recently obtained his Level I Fire Instructors Certification issued by the NJ Division of Fire Safety. Volunteer firefighters are needed. Please go towww.MadisonFD.com for more information on how to join. Finance and Borough Clerk Ms. Baillie, Chair of the Committee, made the following comments: The Utility Billing Department now has an online utility application for new customers available on the Borough’s website, rosenet.org. The hearing for the 2021 municipal budget will be held April 26th at 8:00 p.m. as advertised. Information and presentations are posted on the Borough’s website. The Tax Collectors Office PAGE 4 OF 28 Regular Meeting Minutes – April 12, 2021 reminds residents to file for the Homestead Rebate program. Second Quarter taxes are due May 1st. Please call the Tax Collector with any questions. Public Works and Engineering Mr. Hoover, Chair of the Committee, made the following comments: Construction has restarted at the phosphorous reduction/capacity assurance project at the Madison Chatham Joint Meeting treatment plant. Despite some pandemic related manufacturing and supplier delays, the overall project schedule anticipates completion of these mandatory water quality improvements this summer. Treatment operations will be able to reduce chemical purchases and meet stricter water quality criteria upon completion of the required work. Hartley Dodge Memorial Plaza restoration general contractor Merrill & Garaguso has indicated they are available to begin work in mid-May and continue the plaza work through the summer. The scheduled public bid opening for reconstruction of Anthony Drive and Wayne Blvd was held March 30th and an award recommendation has been made. Plans for Cook Plaza parking lot reconstruction have been received and have been reviewed internally by several committees. Final settlement negotiations for several construction contracts last year are underway. Plans, specifications and bid documents for the MRC Trail project have advanced in order to commence construction during the summer. Similarly, quotes for trails at Summerhill Park and playground improvements at Dodge Field have been advanced. 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 streamlined discount permit / inspection process. The Complete Streets Committee meeting was held March 24, 2021 at 7:30 am. Should any member of the public have concerns or suggestions regarding pedestrian, cyclist, or motorist safety, please send an email to the Borough Engineer, Traffic Safety Officer or volunteer Committee member. The Department of Public Works noted that 26 streets have received sewer jetting and installed a 6” drainage system at the new field house at Dodge Field. Yard waste collection has begun, reminding resident that waste should be in containers no larger than 30 gallons. Community Affairs Ms. Coen, Chair of the Committee, made the following comments: The next meeting of the Downtown Development Commission is April 15th at 7:15 p.m. Volunteers are need for May Day, Saturday, May 1st. Signup on the Borough’s website. The annual Farmer’s Market will begin Thursday, May 20th with new hours from 1:00 to 6:00 p.m. Utilities Ms. Ehrlich, Chair of the Committee, made the following comments: The Electric Department is installing a pole and 3 transformers at the Public Works Recycling Center to power to the new compactor. The Electric Department responded to “half power” call on Nordling Lane where the customer had a broken underground service line. The department established a temporary fix to provide power to the customer until new underground service can be installed. The department is working to upgrade underground service at 2 Waverly Place. The Water Department, with the assistance of DPW, installed new 6” drainage pipes around the new Field House at the Dodge Field playground. The field houses at Rosedale Baseball and Soccer Fields and Lucy D. Anthony field are open for the season. A new recirculating pump was installed at the fountain at Coles Park. PAGE 5 OF 28 Regular Meeting Minutes – April 12, 2021 Health Mr. Landrigan, Chair of the Committee, made the following comments: To date, there have been 762 cases of COVID-19 reported in the Borough, with 40 active cases, currently. Vaccine sites are up and running at the Rockaway Mall, CVS and Rite AID pharmacies and other area locations. All adult residents are now eligible for the vaccine. 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. COMMUNICATIONS AND PETITIONS The Borough Clerk announced receipt of the following communications: E-mail received March 23, 2021 from Sofia Lopa, Rutgers University student regarding fracking and fracking infrastructure asking Council to support clean energy. E-mail received April 1, 2021 from the Ken Dolsky, New Jersey Forest Watch regarding new Forest Management bills before the NJ State Legislator. 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. Thomas Haralampoudis; Pomeroy Road, asked for explanation of Ord. 16-2021, appropriating funds for benches, planned construction of Cook Plaza and further explanation of items listed on the agenda regarding Affordable Housing. Claire Whitcomb; Fairwood Road, suggested inclusion of plants at Cook Plaza providing high energy at low cost. Since no other member of the public wished to be heard, the invitation for discussion was closed. AGENDA DISCUSSIONS 04/12/2021-1 AFFORDABLE HOUSING UPDATE Mr. Codey provided explanation of proposed resolutions required as part of the Borough’s Affordable Housing litigation. Mr. Codey noted that listed for Council approval on tonight’s agenda are resolutions appointing an Affordable Housing Agent, the Borough Housing Liaison and an Affirmative Marketing Plan to advertise Madison’s affordable housing. The Council hopes to appoint a developer at the next meeting of the Council, April 26, 2021, following review of requests for qualifications and proposals by the Affordable Housing Committee. ADVERTISED HEARINGS The Clerk made the following statement: The ordinance scheduled for hearing tonight was submitted in writing at a Regular meeting of the Mayor and Council held on March 22, 2021, was introduced by title and PAGE 6 OF 28 Regular Meeting Minutes – April 12, 2021 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 13-2021 for second reading and asked the Clerk to read said ordinances 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 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. Mayor Conley opened up the public hearing on Ordinance 13-2021. Since no member of the public wished to be heard, the public hearing was closed. PAGE 7 OF 28 Regular Meeting Minutes – April 12, 2021 Ms. Baillie moved that Ordinance 13-2021, which was read by title, be finally adopted. 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 Mayor Conley declared Ordinance 13-2021 adopted and finally passed and asked the Clerk to publish notice thereof in the newspaper and file the ordinance in accordance with the law. 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. Pat Rowe; Pine Avenue, asked that Council reconsider introduction and adoption of the municipal budget until federal relief finds are received. Kathy Dailey; West End Avenue, asked Council to consider Mr. Rowe’s comments, and reexamine the municipal surplus. Thomas Haralampoudis; Pomeroy Road, asked that the Mayor hold a town hall style meeting to better discuss current issues with residents. Mr. Haralampoudis asked about replacements for retiring police officers and firefighters and noted that traffic patterns at the public schools be reconfigured. Since no other member of the public wished to be heard, the invitation for discussion was closed. 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 April 26, 2021, via teleconference, 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 14-2021 ORDINANCE OF THE BOROUGH OF MADISON AMENDING CHAPTER 190 OF THE MADISON BOROUGH CODE ENTITLED “WATER” TO UPDATE THE WATER CONNECTION FEE SCHEDULE PAGE 8 OF 28 Regular Meeting Minutes – April 12, 2021 WHEREAS, the Borough Engineer and Borough Auditor have recommended that the Borough amend Chapter 190 of the Madison Borough Code entitled “Water” to include an updated water connection fee schedule; and WHEREAS, Nisivoccia and Company, LLP, Certified Public Accountants and consultant to the Borough, has performed a study of the capital costs and interest on debt service together with the number of equivalent users at December 31, 2020, and based on such study has recommended a water connection fee in the amount of $4,119.00 for new customers; and WHEREAS, such water connection fee is authorized by N.J.S.A. 40A:31-11 entitled “County and Municipal Water Supply”. NOW, THEREFORE, BE IT ORDAINED by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, as follows: SECTION 1: Chapter 190-11.2 of the Madison Borough Code, currently entitled “Connection fee” is hereby amended as follows: §190-11.2 Connection fee There shall be a water connection fee established in accordance with N.J.S.A. 40A:31-11 in addition to the fees for department services set forth in Section 190-33. The water connection fee effective July 1, 2021 shall be: A. For single family dwelling units, $4,119.00, and for multiple dwelling units, $4,119.00 per unit. B. In the case of any building or portion thereof to be used for industrial, commercial, educational or other than dwelling purposes, the Borough Engineer shall determine by accepted standards the number of units to be connected or added to an existing connection; where a unit equals an annual average daily flow of 245 gallons or fraction thereof: $4,119.00 per unit. This fee shall, pursuant to statute, be recalculated at the end of each budget year and may be reset by ordinance of the Borough Council after public hearing, on a yearly basis. The water connection fee shall be payable in full to the Borough of Madison at the time a building water connection permit is issued for connection to the municipal water system by the Borough of Madison. PAGE 9 OF 28 Regular Meeting Minutes – April 12, 2021 SECTION 2: This Ordinance shall take effect on July 1, 2021. Ms. Ehrlich moved that Ordinance 14-2021, which the Borough Clerk read by title, be adopted. 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 ORDINANCE 15-2021 ORDINANCE OF THE BOROUGH OF MADISON AMENDING CHAPTER 155 OF THE MADISON BOROUGH CODE ENTITLED “SEWER” TO UPDATE THE SEWER CONNECTION FEE SCHEDULE WHEREAS, the Borough Engineer and Borough Auditor have recommended that the Borough amend Chapter 155 of the Madison Borough Code entitled “Sewer” to include an updated sewer connection fee schedule; and WHEREAS, Nisivoccia and Company, LLP, Certified Public Accountants and consultant to the Borough, has performed a study of the capital costs and interest on debt service together with the number of equivalent users at December 31, 2020, and based on such study has recommended a sewer connection fee in the amount of $6,484.00 for new customers; and WHEREAS, such sewer connection fee is authorized by N.J.S.A. 40A:26A- 11 entitled “Municipal and County Sewerage Facilities”. NOW, THEREFORE, BE IT ORDAINED by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, as follows: SECTION 1: Chapter 155-4A of the Madison Borough Code, currently entitled “Connection expenses; responsibility for maintenance, repair and replacement of laterals” is hereby amended as follows: §155-4 Connection fees; connection expenses; responsibility for maintenance, repair and replacement of laterals. A. Sewer connection fees. There shall be a basic connection fee established in accordance with N.J.S.A. 40A:26A-11. The sewer connection fee effective July 1, 2021 shall be: 1. For single-family dwelling units, $6,484.00, and for multiple dwelling units, $6,484.00 per unit. 2. In the case of any building or portion thereof to be used for industrial, commercial, educational or other PAGE 10 OF 28 Regular Meeting Minutes – April 12, 2021 than dwelling purposes, the Borough Engineer shall determine by accepted standards the number of units to be connected or added to an existing connection; where a unit equals an annual average daily flow of 262 gallons or fraction thereof: $6,484.00 per unit. This fee shall, pursuant to statute, be recalculated at the end of each budget year and may be reset by ordinance of the Borough Council after public hearing, on a yearly basis. The sewer connection fee is based upon the usage of a single dwelling unit or equivalent discharge. The sewer connection fee shall be payable in full to the Borough of Madison at the time a building sewer permit is issued for connection to the public sanitary sewer by the Borough of Madison. SECTION 2: This Ordinance shall take effect on July 1, 2021. Ms. Ehrlich moved that Ordinance 15-2021, which the Borough Clerk read by title, be adopted. 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 ORDINANCE 16-2021 ORDINANCE OF THE BOROUGH OF MADISON APPROPRIATING $49,000.00 FROM THE GENERAL CAPITAL IMPROVEMENT FUND FOR THE PURCHASE OF REPLACEMENT BENCHES AND RELATED ACCESSORIES WHEREAS, the Director of Business Development has recommended that the Borough appropriate $49,000.00 from the General Capital Improvement Fund for the purchase of replacement benches, and related accessories to be located in the downtown; 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 $49,000.00 for this purpose; and WHEREAS, the Borough Council has determined that the Borough should appropriate $49,000.00 from the General Capital Improvement Fund for the purchase of replacement benches and related accessories. PAGE 11 OF 28 Regular Meeting Minutes – April 12, 2021 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 $49,000.00 is hereby appropriated from the General Capital Improvement Fund for the purchase of replacement benches and related accessories, to be located in the downtown. 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. Ms. Coen moved that Ordinance 16-2021, which the Borough Clerk read by title, be adopted. Ms. Ehrlich 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 ORDINANCE 17-2021 ORDINANCE OF THE BOROUGH OF MADISON APPROPRIATING $95,000.00 FROM THE GENERAL CAPITAL IMPROVEMENT FUND FOR HVAC, HEATING AND BOILER REPAIRS AND IMPROVEMENTS AT THE HARTLEY DODGE MEMORIAL WHEREAS, the Assistant Borough Administrator/CFO has recommended that the Borough appropriate $95,000.00 from the General Capital Improvement Fund for HVAC, heating and boiler repairs and improvements at the Hartley Dodge Memorial; 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 $95,000.00 for this purpose; and WHEREAS, the Borough Council has determined that the Borough should appropriate $95,000.00 from the General Capital Improvement Fund for HVAC heating and boiler repairs and improvements at the Hartley Dodge Memorial. 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 $95,000.00 is hereby appropriated from the General Capital Improvement Fund for HVAC, heating and boiler repairs and improvements at the Hartley Dodge Memorial. 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. PAGE 12 OF 28 Regular Meeting Minutes – April 12, 2021 Mr. Hoover moved that Ordinance 17-2021, which the Borough Clerk read by title, be 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 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. 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 102-2021 RESOLUTION OF THE BOROUGH OF MADISON APPROVING AWARD OF REQUEST FOR QUALIFICATIONS (RFQ) FOR AFFORDABLE HOUSING ADMINISTRATIVE AGENT WHEREAS, the Borough of Madison is in need of an Affordable Housing Administrative Agent to perform the duties and responsibilities as set forth in Sections 5:80-26.14, 16, and 18 of the Uniform Housing Affordability Controls Handbook ; and WHEREAS, after issuing a for Request for Qualifications for a professional Affordable Housing Agent to provide administrative services for the Borough of Madison, the review committee has recommended that the Borough enter into a contract with the sole firm responding to the request, Housing Partnership of Dover, NJ to be the Borough of Madison Affordable Housing Administrative Agent. 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 to execute, on behalf of the Borough, a professional service contract for the Affordable Housing Administrative Agent with the Housing Partnership of Dover, NJ, such contract to be in a form approved by the Borough attorney. BE IT FURTHER RESOLVED, that the Borough Clerk is hereby directed to publish notice of the adoption of this resolution in the official newspaper of the PAGE 13 OF 28 Regular Meeting Minutes – April 12, 2021 Borough of Madison within ten (10) days of its adoption pursuant to N.J.S.A. 40A:11-5. R 103-2021 RESOLUTION OF THE MADISON BOROUGH COUNCIL AWARDING CONTRACT TO CIFELLI & SONS GENERAL CONTRACTING, INC. IN THE AMOUNT OF $693,280.00 FOR THE 2021 ROAD IMPROVEMENT PROGRAM WHEREAS, the Borough of Madison publicly advertised bids for the 2021 Road Improvement Program; and WHEREAS, the lowest qualified bid was submitted by Cifelli & Sons General Contracting, Inc. in the amount of $635,780.00 for the base bid, plus certain bid alternates; and WHEREAS, the Borough Engineer has recommended that the Borough Council award the contract to Cifelli & Sons Construction in the amount of $635,780.00 for the base bid, plus bid alternate #1 in the amount of $49,000.00 and bid alternate #2 in the amount of $8,500.00, for a total contract amount of $693,280.00; and WHEREAS, the Borough Attorney has reviewed the bid submission and confirmed it meets all statutory requirements; and WHEREAS, the Chief Financial Officer has attested that funds will be available in an amount not to exceed $693,280.00 for this purpose which funds were appropriated by Ordinance 1-2021; 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 2021 Road Improvement Program is hereby awarded to Cifelli & Sons General Contracting, Inc. based upon its bid in the amount of $693,280.00 for the base bid, plus two bid alternates. 2. The Mayor and Borough Clerk are hereby authorized and directed on behalf of the Borough to enter into the contract with Cifelli & Sons General Contracting, Inc. in a form acceptable to the Borough Attorney. R 104-2021 RESOLUTION OF THE BOROUGH OF MADISON ACCEPTING RETIREMENT OF POLICE CHIEF DARREN P. DACHISEN EFFECTIVE FEBRUARY 1, 2022 WHEREAS, Police Chief Darren P. Dachisen, has advised the Borough in writing of his irrevocable retirement on April 26, 2021, with a retirement date of February 1, 2022. PAGE 14 OF 28 Regular Meeting Minutes – April 12, 2021 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 irrevocable retirement of Darren P. Dachisen as Police Chief, is hereby acknowledged and accepted with appreciation for his many years of public service. R 105-2021 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING MEMBERSHIP IN THE EDUCATIONAL SERVICES COMMISSION OF MORRIS COUNTY, A COOPERATIVE PRICING SYSTEM WHEREAS, N.J.S.A. 40A:11-11(5) authorizes contracting units to establish a Cooperative Pricing System and to enter into Cooperative Pricing Agreements for its administration; and WHEREAS, the Educational Services Commission of Morris County, hereinafter referred to as the “Lead Agency” has offered voluntary participation in a Cooperative Pricing System for purchase of good and services; and WHEREAS, on April 12, 2021, the governing body of the Borough of Madison, County of Morris, State of New Jersey duly considered participation in a Cooperative Pricing System for the provision and performance of goods and services. NOW, THEREFORE, BE IT RESOLVED, by the Council of the Borough of Madison in the County of Morris in the State of New Jersey as follows: 1. This Resolution shall be known and may be cited as the Cooperative Pricing Resolution of the Borough of Madison. 2. Pursuant to the provisions of N.J.S.A. 40A:11-11(5), the Mayor is hereby authorized to enter into a Cooperative Pricing Agreement with the Lead Agency. 3. The Lead Agency shall be responsible for complying with the provisions of the Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.) and all other provisions of the revised statutes of the State of New Jersey. 4. The Resolution shall take effect immediately upon passage. R 106-2021 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING A SPECIAL EVENT PERMIT TO ALLOW THE USE OF PUBLIC PARKING LOT NUMBER ONE BY THE ROTARY CLUB OF MADISON FOR A STIGMA FREE WALK EVENT ON MAY 22, 2021 WHEREAS, the Rotary Club of Madison has requested permission to use public parking lot number one on Saturday, May 22, 2021 between the hours of 9:00 a.m. and 1:00 p.m. for a Stigma Free Walk event; and PAGE 15 OF 28 Regular Meeting Minutes – April 12, 2021 WHEREAS, the Borough Administrator has recommended that such permission be granted; and WHEREAS, the Rotary Club has submitted a Special Event Permit 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 Rotary Club of Madison is hereby given permission to hold a Stigma Free Walk event at Madison public parking lot number one, on May 22, 2021, between the hours of 9:00 a.m. and 1:00 p.m. subject to such safety requirements as may be directed by the Madison Police Department and/or Fire Department. R 107-2021 RESOLUTION OF THE BOROUGH OF MADISON RATIFYING A SPECIAL EVENT PERMIT TO ALLOW THE USE OF SUMMERHILL PARK BY GIRL SCOUTS MADISON HARDING SERVICE UNIT WHEREAS, the Girl Scout Troop of Madison Harding Service Unit has requested permission to use Summerhill Park on Friday, April 23, from 6:30 p.m. to 8:30 p.m.; and WHEREAS, the Borough Administrator has granted such advance permission; and WHEREAS, the Girl Scout Troop of Madison Harding Service Unit has submitted Special Event Permit Applications to the Borough and has 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 the Girl Scout Troop of Madison Harding Service Unit is hereby given permission to use Summerhill Park on Friday, April 23, from 6:30 p.m. to 8:30 p.m., for Girl Scout activities subject to approval of the Madison Fire Department and Recreation Department. R 108-2021 RESOLUTION OF THE BOROUGH OF MADISON DESIGNATING RAYMOND M. CODEY, ESQ. AS AFFORDABLE HOUSING LIAISON WHEREAS, pursuant to N.J.A.C. 5:93 and N.J.A.C. 5:80-26.1 et. seq., the Borough of Madison is required to appoint a Municipal Housing Liaison for the PAGE 16 OF 28 Regular Meeting Minutes – April 12, 2021 administration of the Borough of Madison affordable housing program to enforce the requirements of N.J.A.C. 5:93 and N.J.A.C. 5:80-26.1 et. seq.; and WHEREAS, Section 195-47 of the Borough of Madison provides for the appointment of a Municipal Housing Liaison to administer Madison Borough’s affordable housing program. NOW THEREFORE BE IT RESOLVED, by the Governing Body of the Borough of Madison, in the County of Morris and the State of New Jersey that Borough Administrator Raymond M. Codey, Esq. is hereby appointed by the Governing Body of City of Borough of Madison as the Municipal Housing Liaison for the administration of the affordable housing program, pursuant to and in accordance with Section 195-47 of the Borough of Madison Code. R 109-2021 RESOLUTION OF THE COUNCIL OF THE BOROUGH OF MADISON, MORRIS COUNTY, NEW JERSEY, OF INTENT TO FUND SPENDING PLAN SHORTFALL FOR AFFORDABLE HOUSING PROGRAMS IN THE BOROUGH’S HOUSING ELEMENT & FAIR SHARE PLAN WHEREAS, pursuant to the substantive regulations of the New Jersey Council on Affordable Housing (COAH), certain portions of the Borough’s amended Housing Plan Element and Fair Share Plan as adopted by the Madison Borough Planning Board on January 19, 2021 may require a financial commitment by the Borough; and WHEREAS, the Borough of Madison anticipates that funding will come from the following sources to satisfy said obligation: sources including, but not limited to, the Borough’s Affordable Housing Trust Fund – development fee payments and in- lieu payments; and governmental sources such as the Federal Low Income Housing Tax Credits, New Jersey Balanced Housing funding, Federal Home Loan Bank financing, HMFA bond financing, Small Cities funds and other governmental transfers; and WHEREAS, in the event that the above funding sources prove inadequate to meet the Borough of Madison’ funding obligation, the Borough of Madison shall provide sufficient funding to address any shortfalls; NOW THEREFORE BE IT RESOLVED by the Mayor and Council of the Borough of Madison, County of Morris, State of New Jersey, does hereby agree to fund any shortfalls in its affordable housing program that may arise whether due to inadequate funding from other sources or for any other reason; and BE IT FURTHER RESOLVED that said shortfall shall be funded by bonding if there are no other resources available. PAGE 17 OF 28 Regular Meeting Minutes – April 12, 2021 R 110-2021 RESOLUTION OF THE BOROUGH OF MADISON AWARDING THE PREVENTATIVE MAINTENANCE/REPAIR OF HVAC EQUIPMENT BID TO UNITEMP, INC., OF SOMERSET, NJ WHEREAS, the Borough of Madison publicly advertised for the Preventative Maintenance/Repair of HVAC Equipment (the “Contract”) in accordance with the Local Public Contracts Law, N.J.S.A. 40A:11-1, et seq.; and WHEREAS, the Borough received five (5) bids; and WHEREAS, the lowest qualified bid was submitted by Unitemp, Inc., of Somerset, NJ, in the amount of $15,000.00 for preventative maintenance for Borough buildings and $185.00/hour for emergency services; and WHEREAS, the Acting Purchasing Agent and Borough Attorney have recommended that the Borough Council award the contract to Unitemp, Inc., of Somerset, NJ, in the amount of $15,000.00 for preventative maintenance for Borough buildings and $185.00/hour for emergency services; and WHEREAS, the Chief Financial Officer has attested that funds will be available for this purpose in the Public Works operating budget. NOW, THEREFORE, BE IT RESOLVED by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, as follows: 1. The contract for the Preventative Maintenance/Repair of HVAC Equipment is hereby awarded to Unitemp, Inc., of Somerset, NJ, based upon its bid in the amount of $15,000.00 for preventative maintenance for Borough buildings and $185.00/hour for emergency services. 2. The Mayor and Borough Clerk are hereby authorized and directed on behalf of the Borough to enter into the contract with Unitemp, Inc., in a form acceptable to the Borough Attorney. R 111-2021 RESOLUTION OF THE COUNCIL OF THE BOROUGH OF MADISON ADOPTING AN “AFFIRMATIVE MARKETING PLAN” FOR THE BOROUGH OF MADISON WHEREAS, in accordance with applicable Council on Affordable Housing (“COAH”) regulations, the New Jersey Uniform Housing Affordability Controls (“UHAC”)(N.J.A.C. 5:80-26., et seq.), and the terms of an Amended Settlement Agreement between the Borough of Madison and Fair Share Housing Center (“FSHC”), which was entered into as part of the Borough’s Declaratory Judgment action entitled In the Matter of the Application of the Borough of Madison, County of Morris, Docket No. MON-L-5604-05, which was filed in response to Supreme Court decision In re N.J.A.C. 5:96 and 5:97, 221 N.J. 1, 30 (2015)(“Mount Laurel IV”), PAGE 18 OF 28 Regular Meeting Minutes – April 12, 2021 the Borough of Madison is required to adopt an Affirmative Marketing Plan to ensure that all affordable housing units created are affirmatively marketed to low and moderate income households, particularly those living and/or working within Housing Region 2, the COAH Housing Region encompassing the Borough of Madison; WHEREAS, this resolution supplements Resolution 225-2016, previously adopted by the Borough Council at the regular meeting of July 25, 2016. NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Council of the Borough of Madison, County of Morris, State of New Jersey, do hereby adopt the following Affirmative Marketing Plan: Affirmative Marketing Plan A. All affordable housing units in the Borough of Madison shall be marketed in accordance with the provisions herein. B. The Borough of Madison has a plan to address both its Prior Round Obligation (1987-1999) and its Third Round Obligation (1999-2025). This Affirmative Marketing Plan shall apply to all developments that contain or will contain very low, low and moderate income units, including those that are part of the Borough’s Housing Element and Fair Share Plan, and those that may be constructed in future developments not yet anticipated by the Housing Element and Fair Share Plan. C. The Affirmative Marketing Plan shall be implemented by the Administrative Agent under contract to the Borough of Madison, or the Administrative Agent of any specific developer. All of the costs of advertising and affirmatively marketing affordable housing units shall be borne by the developers/sellers/owners of affordable unit(s), and all such advertising and affirmative marketing shall be subject to approval and oversight by the designated Borough Administrative Agent. D. The implementation of the Affirmative Marketing Plan for a development that includes affordable housing shall commence at least 120 days before the issuance of either a temporary or permanent certificate of occupancy. The implementation of the Affirmative Marketing Plan shall continue until all very low, low and moderate income housing units are initially occupied and for as long as the affordable units remain deed restricted such that qualifying new tenants and/or purchasers continues to be necessary. E. In implementing the Affirmative Marketing Plan, the Administrative Agent, whether acting on behalf of the Borough of Madison or on behalf of a specific developer, shall undertake, at the minimum, all of the following strategies: 1. Publication of an advertisement in one or more newspapers of general circulation within the housing region. PAGE 19 OF 28 Regular Meeting Minutes – April 12, 2021 2. Broadcasting of an advertisement by a radio or television station broadcasting throughout the housing region. 3. At least one additional regional marketing strategy using one of the other sources listed below. F. The Affirmative Marketing Plan is a regional marketing strategy designed to attract buyers and/or renters of all majority and minority groups, regardless of race, creed, color, national origin, ancestry, marital or familial status, gender, affectional or sexual orientation, disability, age or number of children to housing units which are being marketed by a developer or sponsor of affordable housing. The Affirmative Marketing Plan is also intended to target those potentially eligible persons who are least likely to apply for affordable units in that region. It is a continuing program that directs all marketing activities toward the COAH Housing Region in which the municipality is located and covers the entire period of the deed restriction for each restricted housing unit. The Borough of Madison is located in COAH Housing Region 2, consisting of Morris, Essex, Union and Warren Counties. G. The Affirmative Marketing Plan is a continuing program intended to be followed throughout the entire period of restrictions and shall meet the following requirements: 1. All newspaper articles, announcements, and requests for applications for very low, low- and moderate-income units shall appear in the Star Ledger. 2. The primary marketing shall take the form of at least one press release and a paid display advertisement in the above newspapers the first week of the marketing program and each month thereafter until all units are leased or sold. Additional advertising and publicity shall be on an "as needed" basis. The developer/owner shall disseminate all public service announcements and pay for display advertisements. The developer/owner shall provide proof of all publications to the Administrative Agent. All press releases and advertisements shall be approved in advance by the Administrative Agent. 3. All newspaper articles, announcements, and requests for applications for very low, low- and moderate-income units shall also be posted on the New Jersey Housing Resource Center’s website (www.njhrc.gov). 4. The advertisement shall include a description of the: a. Location of the units; PAGE 20 OF 28 Regular Meeting Minutes – April 12, 2021 b Directions to the units; c. Range of prices for the units; d. Size, as measured in bedrooms, of units; e. Maximum income permitted to qualify for the units; f. Location of applications; g. Business hours when interested households may obtain an application; h. Application fees. 5. The following regional cable television stations or regional radio stations shall be used. The developer must provide satisfactory proof of public dissemination on at least one of the following stations (must cover entire region): a. 13 WNET Educational Broadcasting Corporation b. 50 WNJN New Jersey Public Broadcasting Authority c. Cablevision of Morris d. Comcast of NJ e. Comcast of Northwest NJ f. WOR 710 g. WABC 770 h. WCAA 105.9 i. WBLS 107.5 j. WPRB 103.3 PAGE 21 OF 28 Regular Meeting Minutes – April 12, 2021 H. Applications, brochure(s), sign(s) and/or poster(s) used as part of the affirmative marketing program shall be available/posted in the following locations: 1. Madison Municipal Building 2. Madison Borough Web Site 3. Madison Library 4. Developer’s Sales/Rental Offices 5. Essex County Administration Building 6. Morris County Administration Building 7. Union County Administration Building 8. Warren County Administration Building 9. Essex County Library (all branches). 10. Morris County Library (all branches) 11. Union County Library (all branches) 12. Warren County Library (all branches) Applications shall be mailed by the Borough’s Administrative Agent and Municipal Housing Liaison, or by the Administrative Agent of any specific developer, to prospective applicants upon request. Also, applications shall be available at the developer’s sales/rental office and multiple copies of application forms shall be mailed to Fair Share Housing Center (510 Park Boulevard, Cherry Hill, NJ 08002); the New Jersey State Conference of the NAACP; the Latino Action Network (P.O. Box 943, Freehold, NJ 07728); STEPS, OCEAN, Inc.; the Greater Red Bank, Asbury Park/Neptune, Bayshore, Greater Freehold, Greater Long Branch, and Trenton branches of the NAACP; and the Supportive Housing Association for dissemination to their respective constituents. I. The Borough’s Administrative Agent shall develop, maintain and update a list of community contact person(s) and/or organizations(s) in Morris, Essex, Union and Warren Counties that will aid in the affirmative marketing program with particular emphasis on contacts that will reach out to groups that are least likely to apply for housing within the region, including major regional employers identified in Exhibit A, Part III, Marketing, Section 3e. PAGE 22 OF 28 Regular Meeting Minutes – April 12, 2021 1. Quarterly informational flyers and applications shall be sent to each of the following agencies for publication in their journals and for circulation among their members: Essex County Board of Realtors Morris County Board of Realtors Union County Board of Realtors Warren County Board of Realtors 2. Quarterly informational circulars and applications shall be sent to the administrators of each of the following agencies within the Counties of Morris, Essex, Union and Warren: Welfare or Social Service Board (via the Director) Rental Assistance Office (local office of DCA) Office on Aging Housing Authority (municipal or county) Community Action Agencies Community Development Departments 3. Quarterly informational circulars and applications shall be sent to the chief personnel administrators of all of the major employers within the region, as listed on Attachment A, Part III, Marketing, Section 3e. 4. In addition, specific notification of the availability of affordable housing units in Madison (along with copies of the application form) shall be provided to the following entities: Fair Share Housing Center (510 Park Boulevard, Cherry Hill, NJ 08002); the New Jersey State Conference of the NAACP; the Latino Action Network (P.O. Box 943, Freehold, NJ 07728); STEPS, OCEAN, Inc.; the Greater Red Bank, Asbury Park/Neptune, Bayshore, Greater Freehold, Greater Long Branch, and Trenton branches of the NAACP; and the Supportive Housing Association. J. A random selection method to select occupants of very low, low- and moderate-income housing will be used by the Borough’s Administrative Agent, or the Administrative Agent of any specific developer, in conformance with N.J.A.C. 5:80-26.16 (l). This Affirmative Marketing Plan provides a regional preference for very low, low and moderate income households that live and/or work in COAH Housing Region 2, which is comprised of Morris, Essex, Union and Warren Counties. Pursuant to the New Jersey Fair Housing Act (C.52:27D-311), a preference for very low, low and moderate income veterans duly qualified under N.J.A.C. 54:4-8.10 may also be exercised, provided an agreement to this effect has been executed between the developer or landlord and the Borough prior to the affirmative marketing of the units. PAGE 23 OF 28 Regular Meeting Minutes – April 12, 2021 K. The Borough’s Administrative Agent, or the Administrative Agent of any specific developer, shall administer the Affirmative Marketing Plan. The Administrative Agent has the responsibility to income qualify very low, low and moderate income households; to place income eligible households in very low, low and moderate income units upon initial occupancy; to provide for the initial occupancy of very low, low and moderate income units with income qualified households; to continue to qualify households for re- occupancy of units as they become vacant during the period of affordability controls; to assist with outreach to very low, low and moderate income households; and to enforce the terms of the deed restriction and mortgage loan as per N.J.A.C. 5:80-26-1, et seq. L. The Borough’s Administrative Agent, or the Administrative Agent of any specific developer, shall provide or direct qualified very low, low and moderate income applicants to counseling services on subjects such as budgeting, credit issues, mortgage qualifications, rental lease requirements and landlord/tenant law and shall develop, maintain and update a list of entities and lenders willing and able to perform such services. M. All developers/owners of very low, low and moderate income housing units shall be required to undertake and pay the costs of the marketing of the affordable units in their respective developments, subject to the direction and supervision of the Borough’s Administrative Agent. N. The Borough’s Administrative Agent shall provide the Affordable Housing Liaison with the information required to comply with monitoring and reporting requirements pursuant to N.J.A.C. 5:80-26-1, et seq. BE IT FURTHER RESOLVED that the appropriate Borough officials and professionals are authorized to take all actions required to implement the terms of this Resolution and attached Exhibit A. BE IT FURTHER RESOLVED that this Resolution shall take effect pursuant to law. R 112-2021 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING PURCHASE OF POLICE VEHICLE ACCESSORY EQUIPMENT, AND OTHER RELATED EQUIPMENT FROM THE POLICE OUTSIDE DUTY ACCOUNT WHEREAS, the Borough of Madison desires to purchase vehicle accessory equipment, and other related equipment from authorized vendors; and WHEREAS, the Chief of Police has recommended that the Borough Council utilize the Police Outside Duty account for the purchase of police vehicle accessory equipment, and other related equipment in an amount not to exceed $50,000.00; and PAGE 24 OF 28 Regular Meeting Minutes – April 12, 2021 WHEREAS, the Chief Finance Officer has attested that funds are available in an amount not to exceed $50,000.00 for this purpose in the Police Outside Duty account. 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 purchase of police vehicle accessory equipment, and other related equipment from various vendors, at a total price not to exceed $50,000.00, is hereby approved. 2. The Mayor and Borough Clerk are hereby authorized and directed on behalf of the Borough to execute a purchase orders for the purchase of police vehicle accessory and other related equipment at a total price not to exceed $50,000.00, in a form acceptable to the Borough Attorney. R 113-2021 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING PURCHASE OF RADIO COMMUNICATION EQUIPMENT AND ACCESSORIES FOR THE POLICE DEPARTMENT THROUGH THE NEW JERSEY COOPERATIVE PRICING SYSTEM WHEREAS, the Borough of Madison desires to award a contract for the purchase of Police radio communication equipment and accessories and other related equipment 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, various authorized vendors have been awarded the New Jersey Cooperative Pricing System contract number T-0109/83932, radio communications equipment; and WHEREAS, the Borough Acting Purchasing Agent has recommended that the Borough Council utilize this contract for the purchase of radio communication equipment and accessories and other related equipment; and WHEREAS, the Borough of Madison anticipates entering into contracts, individually or in the aggregate, in excess of $17,500; and WHEREAS, funds are available in the Police Outside Duty Trust, 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: PAGE 25 OF 28 Regular Meeting Minutes – April 12, 2021 1. A contract with various authorized vendors for the purchase of radio communication equipment and accessories is hereby approved. 2. The Borough Administrator is hereby authorized and directed on behalf of the Borough to execute purchase orders in excess of $17,500 under New Jersey Cooperative Pricing System contract number T-0109/83932, contingent on availability of funds. R 114-2021 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING PURCHASE OF LAW ENFORCEMENT FIREARMS EQUIPMENT AND ACCESSORIES FOR THE POLICE DEPARTMENT THROUGH THE NEW JERSEY COOPERATIVE PRICING SYSTEM WHEREAS, the Borough of Madison desires to award a contract for the purchase of law enforcement firearms equipment 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 WHEREAS, various authorized vendors have been awarded the New Jersey Cooperative Pricing System contract number T-0106/17-FLEET-00739, firearms equipment and accessories; and WHEREAS, the Borough Acting Purchasing Agent has recommended that the Borough Council utilize this contract for the purchase of a firearms and accessories; and WHEREAS, the Borough of Madison anticipates entering into contracts, individually or in the aggregate, in excess of $17,500; and WHEREAS, funds are available in the Police Outside Duty Trust, 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 various authorized vendors for the purchase of law enforcement firearms equipment and accessories is hereby approved. 2. The Borough Administrator is hereby authorized and directed on behalf of the Borough to execute purchase orders in excess of $17,500 under New Jersey Cooperative Pricing System contract number T-0106/17-FLEET-00739, contingent on availability of funds. PAGE 26 OF 28 Regular Meeting Minutes – April 12, 2021 R 115-2021 RESOLUTION OF THE BOROUGH OF MADISON IN SUPPORT OF H.R. 848 – THE GREEN ACT OF 2021 WHEREAS, Federal tax expenditures are a primary tool Congress uses to incentivize renewable energy-related investments; and WHEREAS, such incentives do not work for tax-exempt entities such as public power utilities, electric cooperatives or not-for-profits; and WHEREAS, many public power utilities, electric cooperatives and not-for- profits have been locked out of owning renewable energy-related facilities due to their tax-exempt status; and WHEREAS, nearly 80 percent of the nation’s, non-hydropower, renewable energy generating capacity is owned by merchant generators; and WHEREAS, California’s 5th District Congressman Mike Thompson has introduced H.R. 848, the Green Act of 2021, which addresses this tax treatment inequity by allowing for the direct payment of energy production and investment tax credits to any entity that owns a renewable energy project; and WHEREAS, public power utilities, electric cooperatives and not-for-profits in all 50 states benefit from the removal of this financial disincentive; and WHEREAS, leveling the playing field will allow public power utilities, electric cooperatives and not-for-profit entities to own such facilities; and WHEREAS, such financial incentives would allow the full value of these credits to pay for additional renewable investments and allow the savings to be passed on to our customers; NOW, THEREFORE, BE IT RESOLVED, that the governing body of the Borough of Madison, supports H.R. 848 – The Green Act of 2021 and the commensurate benefits that will accrue to public power utilities, electric cooperatives and not-for-profits. R 116-2021 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING DONATION OF SURPLUS FIRE DEPARTMENT EQUIPMENT TO ALABAMA FIRE DEPARTMENTS WHEREAS, the Fire Chief has advised the Council that the Borough has surplus firefighter gear and equipment, which is no longer in use by the Fire Department; and WHEREAS, the Borough Administrator has recommended that the surplus firefighter equipment be donated to Alabama Fire Departments, who were recently hit by spring tornadoes; and WHEREAS, the Borough Council has concluded that it would be appropriate to donate such surplus equipment as recommended. 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 surplus firefighter gear and equipment be donated to Alabama Fire Departments. PAGE 27 OF 28 Regular Meeting Minutes – April 12, 2021 UNFINISHED BUSINESS - None APPROVAL OF VOUCHERS On motion by Ms. Baillie, seconded by Ms. Byrne 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 $298,106.99 General Capital Fund 40,471.78 Electric Operating Fund 40,214.15 Electric Capital Fund 0.00 Water Operating Fund 26,429.40 Water Capital Fund 1,858.33 Trusts 33,585.91 Total $440,666.56 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 - None ADJOURN There being no further business to come before the Council, the meeting was adjourned at 9:25 p.m. Respectfully submitted, Elizabeth Osborne Borough Clerk Approved May 24, 2021 (EO) PAGE 28 OF 28