Mayor & Council

MINUTES OF A REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF MADISON October 25, 2021 - 7 p.m. CALL TO ORDER The Regular Meeting of the Mayor and Council of the Borough of Madison was held on the 25th day of October, 2021. Mayor Robert H. 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 Deputy 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 Deputy 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 Caridad Reyes, Deputy Borough Clerk, for Elizabeth Osborne, Borough Clerk Marira Stinely, 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 - None Date of public disclosure 60 days after conclusion if disclosure required. CONTRACT MATTERS (1) SECURITY AND RADIO UPGRADES Date of public disclosure 60 days after conclusion, if disclosure required. Regular Meeting Minutes – October 25, 2021 PERSONNEL MATTERS (1) FIRE DEPARTMENT Date of public disclosure 60 days after conclusion, if disclosure required. POTENTIAL LITIGATION MATTERS (1) DREW UNIVERSITY Date of public disclosure 60 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. APPROVAL OF MINUTES - None GREETINGS TO PUBLIC Mayor Conley made the following comments: Mayor Conley asked that a moment of silence be observed for the following residents: Adelaide Ardolino Michael Caulfield Fran Elias John Bunnell Francis Colbert Mayor Conley thanked Ms. Astri Baillie for leading the previous meeting in his absence. Mayor Conley also thanked the staff, volunteers and residents that made Bottle Hill Day a great success. The Borough expects to return to in-person Council Meetings on November 8, 2021. The meetings will be televised on YouTube Live instead of Zoom. Residents not attending can send correspondence to the Borough Clerk. Committees and Boards may remain virtual through 2021 unless there is an actual need for them to meet in person. In 2022 they may continue to meet virtually if permitted by the state. The full details will be posted on rosenet.org. Mayor Conley attended the retirement and birthday celebration for Corporal Kevin Boone. Corporal Boone served as a Madison Police officer for thirty-seven (37) years. Mayor Conley attended the inauguration of St. Elizabeth University new president Dr. Gary Crosby. Dr. Crosby is the first African American male to hold the position. Mayor Conley looks forward to working with Dr. Crosby and the St. Elizabeth University community. Lastly, there are several locations throughout the County including Madison, with Early Voting site through October 31st. REPORTS OF COMMITTEES Public Safety Ms. Byrne, Chair of the Committee, made the following comments: On October 24th the Fire Department assisted the Chatham Township Fire Department at a three-alarm structure fire. The Fire Department has presented age- appropriate fire safety programs to almost four hundred children from Pre-K through PAGE 2 OF 22 Regular Meeting Minutes – October 25, 2021 Eighth Grade in honor of Fire Prevention Week. The Police Department reports that on October 25th the Borough Police investigated approximately ten motor vehicle burglaries in the neighborhoods of Wayne Boulevard and Rosemont Avenue. The burglaries occurred overnight, and the vehicles were unlocked. The Police Department is routinely on patrol in residential areas to combat these incidents. Please help deter thieves by locking your cars and removing any valuables. Congratulations to both Corporal Stephanie Aquino and Sergeant Thomas Downs for being awarded September Employees of the Month for the planning and management of the very successful 2021 National Night Out event that was held in August. On October 30th the Madison Police Department celebrated the retirement and birthday of Corporal Kevin Boone after thirty-seven (37) years of service. Finance and Borough Clerk Ms. Baillie, Chair of the Committee, made the following comments: The Finance Department reports that last week Madison received several grants, including $500,000.00 from Green Acres and the Department of Environmental Protection for the debt of the purchase of land at the MRC. The Masonic Lodge received $488,000.00 from the New Jersey Historic Trust. The Museum of Early Trade and Crafts received $300,000.00 from the New Jersey Historic Trust. Ms. Baillie noted that property taxes are due November 1st. Public Works and Engineering Mr. Hoover, Chair of the Committee, made the following comments: The Engineering Department reports that the Hartley Dodge Memorial Plaza electrical conduit installation, foundation pavers and stair threads resets are advancing. The culvert emergency cleaning response at the state rail properties could be completed this week. The Department of Public Works has installed thirty- three (33) new benches in the downtown commercial district. Leaf pickup started October 25th. Residents are encouraged to bag their leaves or place them in cans for pickup by the Yard Waste contractor once a week. Free disposable leaf bags are available at the DPW Building at John Avenue and at Borough Hall at the Clerk’s Office. In preparation for winter weather, DPW has topped off both rock salt domes, winterized all sprinkler systems and water fountains and will be removing the barricades on certain streets used for outside dining. In consultation with the Shade Tree Management Board, DPW will be pruning and removing parts of the tree canopy in Niles Park. The Shade Tree Management Board reports that fourteen (14) trees were planted which completed the annual tree planting program. An early analysis of 2021 tree removal permits show that most of the trees being removed are dead, dying, or structurally unsound. The current protection ordinance allows for these removals without requiring replacement trees which result in the loss of many trees without repopulating Madison tree canopy. The Shade Tree Management Board is working with the Friends of Madison Shade Trees and the Parks Advisory Committee on a recommendation of a small tree grove planting in memory of Judy Mullins at Memorial Park. The Sustainable Madison Committee was notified by the Sustainable Jersey Program that Madison has been approved for the Silver Level Certification. Community Affairs Ms. Coen, Chair of the Committee, made the following comments: The Farmer’s Market is still open at Dodge Field from 1 to 6 p.m. every Thursday thru November 18th and features live music each week from 4 to 6 p.m. The Madison Volunteer Ambulance Corps will be holding their annual Trunk or Treat and Pumpkin Illumination on Friday October 29th. Information can be found on the Love PAGE 3 OF 22 Regular Meeting Minutes – October 25, 2021 Madison New Jersey Facebook page. The Chamber of Commerce is holding their Halloween Parade and Magic Show. The parade will begin at 12:30 p.m. in front of Hartley Dodge Memorial building followed by the magic show on the corner of Lincoln Place and Waverly Place and then trick or treating around town until 3 p.m. The Fall Season performance schedule at the Madison Community Art Center is underway. Information about performances can be found on the MACA website. Utilities Ms. Ehrlich, Chair of the Committee, made the following comments: The Electric Department reports that on October 16th, the stand-by crew was called out for no power on Greenwood Road, Valley Road, Hunter Drive, and Overhill Drive. The outage was caused by a branch on the Primary Tap Wire. On the same day, the stand-by crew was called out for low wires on Green Avenue, Woodland Road, and the Waverly Green parking lot. The Electric Department is currently in the process of assessing and replacing aging utility poles in deteriorating condition. The Water Department continues to replace outdated water meters with automatic meters readers. Out of the six hundred and twenty-one (621) hydrants that were flushed and tested during the annual fire hydrant and water main flushing program only one (1) was found inoperable and has already been repaired by the department. Three (3) emergency interconnections with the NJ American Water were checked and tested for this year. These connections are for emergency used only and can flow water in both directions for the purpose of supplementing either the Borough or the private water company water supply during an emergency event. The Water Department asks resident to please winterize automatic sprinklers, shut off your outside faucets from inside your homes and please remove any hoses from outdoor faucets before the cold weather sets in. Health Mr. Landrigan, Chair of the Committee, made the following comments: The Health Department conducted its first Influenza Vaccine Clinic this season. Seventy-seven (77) residents received flu shots. The Health Department also conducted clinics for the Madison Housing Authority, Madison Ambulance Corp and for Borough employees. Borough nurses where at hand at Bottle Hill Day administering flu shots to members of the community. Residents who have not yet received their flu shots are encourage to do so within the coming weeks. The next flu vaccine clinic will be held on Thursday, November 4th at 3 p.m. Please visit rosenet.org/flu to register for an appointment. Flu Vaccines are also available at your physician or pharmacist. Madison reports twenty-three (23) confirmed cases of Covid 19 since October 1st. The Delta variant remain a concern, but NJ cases have trended downwards since mid-September. Last week the FDA and CDC released updated recommendations for certain individuals to receive booster doses of the Covid 19 vaccine. This is in addition to the FDA and CDC previous authorization for mixed and matched booster doses; meaning your booster can be any approved vaccine regardless of which one you received for your primary dose. Full details are available from the CDC or on rosenet.org. COMMUNICATIONS AND PETITIONS - None INVITATION FOR DISCUSSION (1 of 2) Mayor Conley opened the meeting to the public for their opportunity to ask questions and make comments on those items listed on the Agenda only. Mayor PAGE 4 OF 22 Regular Meeting Minutes – October 25, 2021 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. Claire Whitcomb; Fairwood Road, commented that she was pleased with the Chevy Bolt electric vehicle purchase and thanked Madison for being a leader in adopting the use of electric vehicles. Tom Haralampoudis; Pomeroy Road, commented that he was also pleased that the Borough was moving towards electric vehicles. Since no other member of the public wished to be heard, the invitation for discussion was closed. AGENDA DISCUSSIONS - None ADVERTISED HEARINGS - 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. Claire Whitcomb; Fairwood Road, commented that Sara Webb from Princeton, NJ was able to save 153 acres and believes the Drew Forest can be saved. Tom Haralampoudis; Pomeroy Road, commented that future burglaries could avoided by installing license plate readers are pivotal Madison entrances. Mr. Haralampoudis suggests that the seniors would benefit from the center becoming a part of the Madison Area YMCA instead of the rumored Mason Lodge and stated that the new benches were long overdue Christine Hepburn; formerly of Glennwild Road, inquired about the option to increase the Madison Open Space Tax in anticipation of purchasing the Drew Forest. Olivia Blochheim; formerly of Drew University, commented on the importance of preserving the Drew Forest for both the students and the community. Since no other member of the public wished to be heard, the invitation for discussion was closed. INTRODUCTION OF ORDINANCES – The Deputy Borough Clerk made the following statement: The Deputy Clerk made the following statement: The ordinance scheduled for introduction and first reading tonight will have a hearing during the meeting of November 8, 2021 in the 2nd Floor Council Chamber of the Hartley Dodge Memorial Building, Kings Road, in the Borough of Madison at 8 p.m., or as soon thereafter as practical, for further consideration and final adoption. Said ordinance will be published in the Madison Eagle, be posted at the main entrance to the Borough PAGE 5 OF 22 Regular Meeting Minutes – October 25, 2021 offices and be made available to members of the public requesting same, as required by law. Mayor Conley called up Ordinance 42-2021 for first reading and asked the Clerk to read said ordinance by title: ORDINANCE 42-2021 ORDINANCE OF THE BOROUGH OF MADISON AMENDING CHAPTER 195, ARTICLE V OF THE BOROUGH CODE TO ESTABLISH STANDARDS FOR RLECTRIC VEHICLE SUPPLY/SERVICE EQUIPMENT AND MAKE-READY PARKING SPACES This Ordinance sets forth procedures for the installation of Electric Vehicle Supply/Service Equipment (EVSE) and Make-Ready parking spaces and establishes associated regulations and other standards within the Borough of Madison of the County of Morris. WHEREAS, supporting the transition to electric vehicles contributes to the Borough of Madison's commitment to sustainability and is in the best interest of public welfare; and WHEREAS, installation of EVSE and Make-Ready parking spaces encourages electric vehicle adoption; and WHEREAS, the Borough of Madison encourages increased installation of EVSE and Make Ready parking spaces; and WHEREAS, adoption of this ordinance supports the State of New Jersey’s goals to reduce air pollutants and greenhouse gas emissions from the transportation sector as outlined and supported by various programs related to NJ’s 2019 Energy Master Plan, Global Warming Response Act (P.L.2007, c.112 (C.26:2C-37 et al.)), and EV Law (P.L. 2019, c. 362); and WHEREAS, P.L. 2021, c.171, which Governor Murphy signed into law on July 9, 2021, requires EVSE and Make-Ready parking spaces be designated as a permitted accessory use in all zoning or use districts and establishes associated installation and parking requirements; and WHEREAS, adoption of this ordinance will support the Master Plan of the Borough of Madison adopted in concurrence with P.L. 1975 c. 291, s. 1 eff. Aug. 1, 1976, and is consistent with the strategies, goals, and elements of the 2020 Master Plan; and WHEREAS, the Borough of Madison encourages greater ownership and use of electric vehicles, thus the Borough of Madison is amending Chapter 195, Article V of the Madison Borough Code entitled “Zoning” to establish standards and regulations for the safe and efficient installation of EVSE and Make-Ready parking spaces at appropriate locations. NOW, THEREFORE, BE IT ORDAINED, by the Council of the Borough of Madison, the County of Morris, and the State of New Jersey, as follows: SECTION 1: Section 195, Article V of the Code of the Borough of Madison entitled “Off-street parking”, is hereby amended by adding the following: § 195-35.1. ELECTRIC VEHICLE SUPPLY/SERVICE EQUIPMENT A. Purpose PAGE 6 OF 22 Regular Meeting Minutes – October 25, 2021 The purpose of this ordinance is to promote and encourage the use of electric vehicles by requiring the safe and efficient installation of EVSE and Make-Ready parking spaces through municipal parking regulations and other standards. EVSE and Make-Ready parking spaces will support the State’s and Borough’s transition to an electric transportation sector, reducing automobile air pollution, greenhouse gas emissions, and storm water runoff contaminants. The goals are to: 1. Provide adequate and convenient EVSE and Make-Ready parking spaces to serve the needs of the traveling public. 2. Provide opportunities for residents to have safe and efficient personal EVSE located at or near their place of residence. 3. Provide the opportunity for non-residential uses to supply EVSE to their customers and employees. 4. Create standard criteria to encourage and promote safe, efficient, and cost-effective electric vehicle charging opportunities in all zones and settings for convenience of service to those that use electric vehicles. B. Definitions Certificate of occupancy: The certificate provided for in N.J.A.C. 5:23-2, indicating that the construction authorized by the construction permit has been completed in accordance with the construction permit, the act and the regulations. See "State Uniform Construction Code Act," P.L.1975, c.217 (C.52:27D-119 et seq.) and regulations adopted pursuant thereto. Charging Level: The amount of voltage provided to charge an electric vehicle varies depending on the type of EVSE as follows: 1. Level One operates on a fifteen (15) to twenty (20) amp breaker on a one hundred twenty (120) volt AC circuit. 2. Level Two operates on a forty (40) to one hundred (100) amp breaker on a two hundred eight (208) or two hundred forty (240) volt AC circuit. 3. Direct-current fast charger (DCFC) operates on a sixty (60) amp or higher breaker on a four hundred eighty (480) volt or higher three phase circuit with special grounding equipment. DCFC stations can also be referred to as rapid charging stations that are typically characterized by industrial grade electrical outlets that allow for faster recharging of electric vehicles. Electric vehicle: Any vehicle that is licensed and registered for operation on public and private highways, roads, and streets; and operates either partially or exclusively using an electric motor powered by an externally charged on- board battery. PAGE 7 OF 22 Regular Meeting Minutes – October 25, 2021 Electric Vehicle Supply/Service Equipment or (EVSE): The equipment, including the cables, cords, conductors, connectors, couplers, enclosures, attachment plugs, power outlets, power electronics, transformer, switchgear, switches and controls, network interfaces, point of sale equipment, and associated apparatus designed and used for the purpose of transferring energy from the electric supply system to a plug-in electric vehicle. "EVSE" may deliver either alternating current or, consistent with fast charging equipment standards, direct current electricity. “EVSE” is synonymous with “electric vehicle charging station.” Make-Ready Parking Space: means the pre-wiring of electrical infrastructure at a parking space, or set of parking spaces, to facilitate easy and cost- efficient future installation of Electric Vehicle Supply Equipment or Electric Vehicle Service Equipment, including, but not limited to, Level Two EVSE and direct current fast chargers. Make Ready includes expenses related to service panels, junction boxes, conduit, wiring, and other components necessary to make a particular location able to accommodate Electric Vehicle Supply Equipment or Electric Vehicle Service Equipment on a “plug and play” basis. “Make-Ready” is synonymous with the term “charger ready,” as used in P.L.2019, c.362 (C.48:25-1 et al.). Private EVSE: EVSE that has restricted access to specific users (e.g., single and two- family homes, executive parking fleet parking with no access to the general public). Publicly-accessible EVSE: EVSE that is publicly available (e.g., park & ride, public parking lots and garages, on-street parking, shopping center parking, non-reserved parking in multi-family parking lots, etc.). C. Approvals and Permits 1. An application for development submitted solely for the installation of EVSE or Make-Ready parking spaces shall be considered a permitted accessory use and permitted accessory structure in all zoning or use districts and shall not require a variance pursuant to C.40:55D-70. 2. EVSE and Make-Ready Parking Spaces installed pursuant to Section D. below in development applications that are subject to site plan approval are considered a permitted accessory use as described in 1. Above. 3. All EVSE and Make-Ready parking spaces shall be subject to applicable local and/or Department of Community Affairs permit and inspection requirements. 4. The administrative officer shall enforce all signage and installation requirements described in this ordinance. Failure to meet the requirements in this ordinance shall be subject to the same enforcement and penalty provisions as other violations of the Borough of Madison’s land use regulations. PAGE 8 OF 22 Regular Meeting Minutes – October 25, 2021 5. An application for development for the installation of EVSE or Make-Ready spaces at an existing gasoline service station, an existing retail establishment, or any other existing building shall not be subject to site plan or other land use board review, shall not require variance relief pursuant to C.40:55D-1 et seq. or any other law, rule, or regulation, and shall be approved through the issuance of a zoning permit by the administrative officer, provided the application meets the following requirements: a. The proposed installation does not violate bulk requirements applicable to the property or the conditions of the original final approval of the site plan or subsequent approvals for the existing gasoline service station, retail establishment, or other existing building; b. All other conditions of prior approvals for the gasoline service station, the existing retail establishment, or any other existing building continue to be met; and c. The proposed installation complies with the construction codes adopted in or promulgated pursuant to the "State Uniform Construction Code Act," P.L.1975, c.217 (C.52:27D-119 et seq.), any safety standards concerning the installation, and any State rule or regulation concerning electric vehicle charging stations. 6. An application pursuant to Section 5. Above shall be deemed complete if: a. The application, including the permit fee and all necessary documentation, is determined to be complete, b. A notice of incompleteness is not provided within 20 days after the filing of the application, or c. A one-time written correction notice is not issued by the administrative officer within 20 days after filing of the application detailing all deficiencies in the application and identifying any additional information explicitly necessary to complete a review of the permit application. 7. EVSE and Make-Ready parking spaces installed at a gasoline service station, an existing retail establishment, or any other existing building shall be subject to applicable local and/or Department of Community Affairs inspection requirements. 8. A permitting application solely for the installation of electric vehicle supply equipment permitted as an accessory use shall not be subject to review based on parking requirements. D. Requirements for New Installation of EVSE and Make-Ready Parking Spaces 1. As a condition of preliminary site plan approval, for each application involving a multiple dwelling with five or more units of dwelling space, which shall include a multiple dwelling that is held under a condominium or cooperative form of ownership, a mutual housing corporation, or a mixed- use development, the developer or owner, as applicable, shall: PAGE 9 OF 22 Regular Meeting Minutes – October 25, 2021 a. Prepare as Make-Ready parking spaces at least 15 percent of the required off-street parking spaces, and install EVSE in at least one-third of the 15 percent of Make-Ready parking spaces; b. Within three years following the date of the issuance of the certificate of occupancy, install EVSE in an additional one-third of the original 15 percent of Make-Ready parking spaces; and c. Within six years following the date of the issuance of the certificate of occupancy, install EVSE in the final one-third of the original 15 percent of Make-Ready parking spaces. d. Throughout the installation of EVSE in the Make-Ready parking spaces, at least five percent of the electric vehicle supply equipment shall be accessible for people with disabilities. e. Nothing in this subsection shall be construed to restrict the ability to install electric vehicle supply equipment or Make-Ready parking spaces at a faster or more expansive rate than as required above. 2. As a condition of preliminary site plan approval, each application involving a parking lot or garage not covered in 1. above shall: a. Install at least one Make-Ready parking space if there will be 50 or fewer off-street parking spaces. b. Install at least two Make-Ready parking spaces if there will be 51 to 75 off-street parking spaces. c. Install at least three Make-Ready parking spaces if there will be 76 to 100 off-street parking spaces. d. Install at least four Make-Ready parking spaces, at least one of which shall be accessible for people with disabilities, if there will be 101 to 150 off-street parking spaces. e. Install at least four percent of the total parking spaces as Make-Ready parking spaces, at least five percent of which shall be accessible for people with disabilities, if there will be more than 150 off-street parking spaces. f. In lieu of installing Make-Ready parking spaces, a parking lot or garage may install EVSE to satisfy the requirements of this subsection. g. Nothing in this subsection shall be construed to restrict the ability to install electric vehicle supply equipment or Make-Ready parking spaces at a faster or more expansive rate than as required above. f. Notwithstanding the provisions of Section E above, a retailer that provides 25 or fewer off-street parking spaces or the developer or owner of a single-family home shall not be required to provide or install any electric vehicle supply equipment or Make-Ready parking spaces. E. Minimum Parking Requirements 1. All parking spaces with EVSE and Make-Ready equipment shall be included in the calculation of minimum required parking spaces, pursuant to Section 195-35, “Off-street parking.” PAGE 10 OF 22 Regular Meeting Minutes – October 25, 2021 2. A parking space prepared with EVSE or Make-Ready equipment shall count as two parking spaces for the purpose of complying with a minimum parking space requirement. This shall result in a reduction of no more than 10 percent of the total required parking. 3. All parking space calculations for EVSE and Make-Ready equipment shall be rounded up to the next full parking space. 4. Additional installation of EVSE and Make-Ready parking spaces above what is required in Section D. above may be encouraged, but shall not be required in development projects. F. Reasonable Standards for All New EVSE and Make-Ready Parking Spaces 1. Location and layout of EVSE and Make-Ready parking spaces is expected to vary based on the design and use of the primary parking area. It is expected flexibility will be required to provide the most convenient and functional service to users. Standards and criteria should be considered guidelines and flexibility should be allowed when alternatives can better achieve objectives for provision of this service. 2. Installation: a. EVSE and Make-Ready parking spaces shall be installed with EVSE that allows Level Two or DCFC charging levels, which may be determined at the owner’s discretion. b. Installation of EVSE and Make-Ready parking spaces shall meet the electrical subcode of the Uniform Construction Code, N.J.A.C. 5:23-3.16. c. Each EVSE or Make-Ready parking space that is not accessible for people with disabilities shall be not less than 9 feet wide or 18 feet in length. Exceptions may be made for existing parking spaces or parking spaces that were part of an application that received prior site plan approval. d. To the extent practical, the location of accessible parking spaces for people with disabilities with EVSE and Make Ready equipment shall comply with the general accessibility requirements of the Uniform Construction Code, N.J.A.C. 5:23, and other applicable accessibility standards. e. Each EVSE or Make-Ready parking space that is accessible for people with disabilities shall comply with the sizing of accessible parking space requirements in the Uniform Construction Code, N.J.A.C. 5:23, and other applicable accessibility standards. 3. EVSE Parking: a. Publicly-accessible EVSE shall be reserved for parking and charging electric vehicles only. Electric vehicles shall be connected to the EVSE. The use of time limits is optional and shall be determined by the owner. PAGE 11 OF 22 Regular Meeting Minutes – October 25, 2021 b. Electric vehicles may be parked in any parking space designated for parking, subject to the restrictions that would apply to any other vehicle that would park in that space. c. Public Parking. Pursuant to NJSA 40:48-2, publicly-accessible EVSE parking spaces shall be monitored by the municipality’s police department and enforced in the same manner as any other parking. It shall be a violation of this Section to park or stand a non-electric vehicle in such a space, or to park an electric vehicle in such a space when it is not connected to the EVSE. Any non-electric vehicle parked or standing in a EVSE parking space or any electric vehicle parked and not connected to the EVSE shall be is subject to fine and/or impoundment of the offending vehicle as described in the general penalty provisions of this Municipal Code or Section 134-10. Signage indicating the penalties for violations shall comply with Section 5. Below. Any vehicle parked in such a space shall make the appropriate payment for the space and observe the time limit for the underlying parking area, if applicable. d. Private Parking. The use of EVSE shall be monitored by the property owner or designee. 4. Safety a. Each publicly-accessible EVSE shall be located at a parking space that is designated for electric vehicles only and identified by green painted pavement, curb markings, and/or a green painted charging pictograph symbol, and appropriate signage pursuant to Section 5. Below. b. Where EVSE is installed, adequate site lighting and landscaping shall be provided in accordance with the Borough of Madison’s ordinances and regulations. c. Adequate EVSE protection such as concrete-filled steel bollards shall be used for publicly-accessible EVSE. Non-mountable curbing may be used in lieu of bollards if the EVSE is setback a minimum of 24 inches from the face of the curb. Any stand-alone EVSE bollards should be 3 to 4-feet high with concrete footings placed to protect the EVSE from accidental impact and to prevent damage from equipment used for snow removal. d. EVSE outlets and connector devices shall be no less than 36 inches and no higher than 48 inches from the ground or pavement surface where mounted, and shall contain a cord management system as described in e. below. Equipment mounted on pedestals, lighting posts, bollards, or other devices shall be designated and located as to not impede pedestrian travel, create trip hazards on sidewalks, or impede snow removal. e. Each EVSE shall incorporate a cord management system or method to minimize the potential for cable entanglement, user injury, or connector damage. Cords shall be retractable or have a place to hang the PAGE 12 OF 22 Regular Meeting Minutes – October 25, 2021 connector and cord a safe and sufficient distance above the ground or pavement surface. Any cords connecting the charger to a vehicle shall be configured so that they do not cross a driveway, sidewalk, or passenger unloading area. f. Where EVSE is provided within a pedestrian circulation area, such as a sidewalk or other accessible route to a building entrance, the EVSE shall be located so as not to interfere with accessibility requirements of the Uniform Construction Code, N.J.A.C. 5:23, and other applicable accessibility standards. g. Publicly-accessible EVSEs shall be maintained in all respects, including the functioning of the equipment. A 24-hour on-call contact shall be provided on the equipment for reporting problems with the equipment or access to it. To allow for maintenance and notification, the Borough of Madison shall require the owners/designee of publicly-accessible EVSE to provide information on the EVSE’s geographic location, date of installation, equipment type and model, and owner contact information. 5. Signs a. Publicly-accessible EVSE shall have posted regulatory signs, as identified in this section, allowing only charging electric vehicles to park in such spaces. For purposes of this section, "charging" means that an electric vehicle is parked at an EVSE and is connected to the EVSE. If time limits or vehicle removal provisions are to be enforced, regulatory signs including parking restrictions shall be installed immediately adjacent to, and visible from the EVSE. For private EVSE, installation of signs and sign text is at the discretion of the owner. b. All regulatory signs shall comply with visibility, legibility, size, shape, color, and reflectivity requirements contained within the Federal Manual on Uniform Traffic Control Devices as published by the Federal Highway Administration. c. Wayfinding or directional signs, if necessary, shall be permitting at appropriate decision points to effectively guide motorists to the EVSE parking space(s). Wayfinding or directional signage shall be placed in a manner that shall not interfere with any parking space, drive lane, or exit and shall comply with b. above. d. In addition to the signage described above, the following information shall be available on the EVSE or posted at or adjacent to all publicly- accessible EVSE parking spaces: 1) Hour of operations and/or time limits if time limits or tow-away provisions are to be enforced by the municipality or owner/designee; 2) Usage fees and parking fees, if applicable; and PAGE 13 OF 22 Regular Meeting Minutes – October 25, 2021 3) Contact information (telephone number) for reporting when the equipment is not operating or other problems. 6. Usage Fees a. Private EVSE: Nothing in this ordinance shall be deemed to preclude a private owner/designee of an EVSE from collecting a fee for the use of the EVSE, in accordance with applicable State and Federal regulations. Fees shall be available on the EVSE or posted at or adjacent to the EVSE parking space. SECTION 2: SEVERABILITY If any section, paragraph, clause, or provision of this ordinance shall be adjudged invalid, such adjudication shall apply only to the section, paragraph, clause or provision so adjudged and the remainder of the ordinance shall be deemed valid and effective. SECTION 3: REPEAL OF PRIOR ORDINANCES All ordinances or parts of ordinances inconsistent with or in conflict with this ordinance are hereby repealed to the extent of such inconsistency. SECTION 4: EFFECTIVE DATE This ordinance shall take effect after final passage and publication as provided by law. Ms. Byrne moved that Ordinance 42-2021, which the Borough Clerk read by title, be adopted. Mr. Landrigan 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 called up Ordinance 43-2021 for first reading and asked the Clerk to read said ordinance by title: ORDINANCE 43-2021 ORDINANCE OF THE BOROUGH OF MADISON APPROPRIATING $150,000.00 FROM THE GENERAL CAPITAL IMPROVEMENT FUND FOR SECURITY AND RADIO UPGRADES WHEREAS, the Assistant Borough Administrator/CFO has recommended that the Borough appropriate $150,000.00 from the General Capital Improvement Fund for Security and Radio Upgrades; 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 $150,000.00 for this purpose; and WHEREAS, the Borough Council has determined that the Borough should appropriate $150,000.00 from the General Capital Improvement Fund for Security and Radio Upgrades; and PAGE 14 OF 22 Regular Meeting Minutes – October 25, 2021 WHEREAS, the New Jersey Department of Environmental Protection has awarded a $40,000.00 reimbursable grant for this purpose. 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 $150,000.00 is hereby appropriated from the General Capital Improvement Fund for Security and Radio Upgrades. 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. Byrne moved that Ordinance 43-2021, which the Borough Clerk read by title, be adopted. Mr. Landrigan 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 Deputy 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 274-2021 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING RENEWAL OF A RENTAL AGREEMENT FOR USE OF A PORTION OF THE PUBLIC SAFETY COMPLEX BY THE AMERICAN AUTOMOBILE ASSOCIATION (AAA) FOR DEFENSIVE DRIVING INSTRUCTION WHEREAS, the Madison Police Chief has recommended that the Borough Council authorize renewal of the rental agreement for the use of a portion of the Public Safety Complex for use by the American Automobile Association (AAA) for defensive driving instruction; and WHEREAS, the Borough Administrator recommends that the Council approve this request. PAGE 15 OF 22 Regular Meeting Minutes – October 25, 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 Administrator is hereby authorized to execute an addendum to renew an agreement for the American Automobile Association (AAA) to use a portion of the Public Safety Complex for defensive driving instruction. R 275-2021 RESOLUTION OF THE BOROUGH OF MADISON AWARDING A CONTRACT TO NATIONAL AUTO FLEET FOR THE PURCHASE OF A 2022 CHEVROLET BOLT EV AND ACCESSORIES UNDER SOURCEWELL WHEREAS, the Borough of Madison desires to award a contract for the purchase of an 2022 Chevrolet Bolt EV1LT and accessories to an authorized vendor under Sourcewell (formerly National Joint Powers Alliance); and WHEREAS, the purchase of goods and services by a local contracting unit is authorized by the Local Public Contracts Law, N.J.S.A. 40A:11-10, et seq.; and WHEREAS, National AutoFleet Group has been awarded Sourcewell contract #120716-NAF; and WHEREAS, the Qualified Purchasing Agent have recommended that the Borough Council utilize this contract for the purchase of an 2022 Chevrolet Bolt EV1LTand accessories in the amount of $32,245.00; and WHEREAS, funds are available in the State Uniform Construction Code Vehicle Maintenance Account 1-01-22-195-411, 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, that a contract be awarded to National AutoFleet Group for the purchase of an 2022 Chevrolet Bolt EV1LTand accessories in an amount not to exceed $32,245.00 under Sourcewell contract #120716-NAF, and same is hereby ratified and approved. R 276-2021 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING MEMBERSHIP IN THE UNION COUNTY COOPERATIVE PRICING SYSTEM (8UCCP) 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 Union County Cooperative Pricing System (8UCCP) has offered voluntary participation in a Cooperative Pricing System for purchase of goods and services; and PAGE 16 OF 22 Regular Meeting Minutes – October 25, 2021 WHEREAS, on October 25, 2021, the governing body of the Borough of Madison, County of Morris, State of New Jersey duly considered participation in the Union County Cooperative Pricing System (8UCCP) 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 Union County Cooperative Pricing System (8UCCP) 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 Purchasing Agreement with the Union County Cooperative Pricing System (8UCCP). 3. The Union County Cooperative Pricing System (8UCCP) 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 277-2021 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING PURCHASE OF OFFICE SUPPLIES THROUGH THE MORRIS COUNTY COOPERATIVE PRICING COUNCIL (MCCPC) IN EXCESS OF $17,500 WHEREAS, the Morris County Cooperative Pricing Council (“MCCPC”) was created in 1974 to conduct a voluntary cooperative pricing system with municipalities, boards of education, and other public bodies located in the County of Morris and adjoining counties; and WHEREAS, the purpose of the MCCPC is to provide substantial savings on various goods and services to its members through the cooperative public bidding process; and WHEREAS, the Borough of Madison utilized the MCCPC for the purchase of office supplies; and WHEREAS, THE Borough will be making additional office supply purchases and the aggregate has exceeded $17,500.00. 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 Borough’s purchasing department is authorized to purchase office supplies in excess of $17, 500.00 from various vendors under the MCCPC Contract # 16 PAGE 17 OF 22 Regular Meeting Minutes – October 25, 2021 2. This Resolution shall take effect immediately upon final passage according to law. 3. All appropriate Madison Borough officials are authorized and directed to perform all required acts to affect the purpose of this Resolution. R 278-2021 RESOLUTION OF THE BOROUGH OF MADISON APPOINTING ANTHONY PREZIOSI TO THE POSITION OF PUBLIC SAFETY TELECOMMUNICATIONS OFFICER WHEREAS, the Personnel Director recommends the appointment of Anthony Preziosi to the position of part-time 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 Anthony Preziosi is hereby appointed to the position of part-time Public Safety Telecommunications Officer effective immediately; and BE IT FURTHER RESOLVED, that Anthony Preziosi. be compensated at the hourly rate of $22.50/hour. R 279-2021 RESOLUTION OF THE BOROUGH OF MADISON PERMITTING RESTAURANT-BARS AND TAVERNS TO REMAIN OPEN UNTIL 2:00 A.M. ON THURSDAY, NOVEMBER 25, 2021 WHEREAS, as part of the Thanksgiving Holiday Weekend, the Restaurant- Bars of Madison have requested permission to remain open on Wednesday, November 24, 2021, for the sale of alcoholic beverages for consumption on premises, until 2:00 A.M., Thursday, November 25, 2021; and WHEREAS, the Borough Code provides for a weekday closing time of 1:00 A.M; NOW, THEREFORE, BE IT RESOLVED, by the Council of the Borough of Madison, County of Morris, State of New Jersey, that Restaurant-Bars and Taverns shall be permitted to remain open on Wednesday, November 24, 2021, for the sale of alcoholic beverages for consumption on premises, until 2:00 A.M., Thursday, November 25, 2021. R 280-2021 RESOLUTION OF THE BOROUGH OF MADISON APPROVING USE OF COMMUNITY POOL PUBLIC PARKING LOT BY THE THURSDAY MORING CLUB ON OCTOBER 27, 2021 PAGE 18 OF 22 Regular Meeting Minutes – October 25, 2021 WHEREAS, the members of the Thursday Moring Club have requested permission to use the public parking lot at the Madison Community Pool on Wednesday, October 27, 2021, between the hours of 9:30 a.m. and 5:00 p.m. for parking during a bus trip to New York City; and WHEREAS, the Borough Administrator has recommended that upon submission of an application and insurance such permission be granted; 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 Thursday Moring Club has permission to park at the Madison Community Pool public parking lot on Wednesday, October 27, 2021, between the hours of 9:30 a.m. and 5:00 p.m. is hereby approved subject to such safety requirements as may be directed by the Madison Police Department and/or Fire Department. R 281-2021 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING MEMBERSHIP IN THE HUNTERDON COUNTY EDUCATIONAL SERVICES 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 Hunterdon County Educational Services Cooperative Pricing System has offered voluntary participation in a Cooperative Pricing System for purchase of goods and services; and WHEREAS, on October 25, 2021, the governing body of the Borough of Madison, County of Morris, State of New Jersey duly considered participation in the Hunterdon County Educational Services 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 Hunterdon County Educational Services Cooperative Pricing System 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 Purchasing Agreement with the Hunterdon County Educational Services Cooperative Pricing System. 3. The Hunterdon County Educational Services Cooperative Pricing System shall be responsible for complying with the provisions of the Local Public PAGE 19 OF 22 Regular Meeting Minutes – October 25, 2021 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 282-2021 RESOLUTION TO AFFIRM THE BOROUGH OF MADISON’S CIVIL RIGHTS POLICY WITH RESPECT TO ALL OFFICIALS, APPOINTEES, EMPLOYEES, PROSPECTIVE EMPLOYEES, VOLUNTERS, INDEPENDENT CONTRACTORS, AND MEMBERS OF THE PUBLIC THAT COME INTO CONTACT WITH MUNICIPAL EMPLOYEES, OFFICIALS AND VOLUNTEERS WHEREAS, it is the policy of the Borough of Madison to treat the public, employees, prospective employees, appointees, volunteers and contractors in a manner consistent with all applicable civil rights laws and regulations including, but not limited to the Federal Civil Rights Act of 1964 as subsequently amended, the New Jersey Law against Discrimination, the Americans with Disabilities Act and the Conscientious Employee Protection Act, and WHEREAS, the governing body of the Borough of Madison has determined that certain procedures need to be established to accomplish this policy NOW, THEREFORE BE IT RESOLVED by the Council of the Borough of Madison that: Section 1: No official, employee, appointee or volunteer of the Borough by whatever title known, or any entity that is in any way a part of the Borough shall engage, either directly or indirectly in any act including the failure to act that constitutes discrimination, harassment or a violation of any person’s constitutional rights while such official, employee, appointee volunteer, or entity is engaged in or acting on behalf of the (local unit type)’s business or using the facilities or property of the Borough. Section 2: The prohibitions and requirements of this resolution shall extend to any person or entity, including but not limited to any volunteer organization or inter-local organization, whether structured as a governmental entity or a private entity, that receives authorization or support in any way from the Borough to provide services that otherwise could be performed by the Borough. Section 3: Discrimination, harassment and civil rights shall be defined for purposes of this resolution using the latest definitions contained in the applicable Federal and State laws concerning discrimination, harassment and civil rights. Section 4: The Borough of Madison shall establish written procedures for any person to report alleged discrimination, harassment and violations of civil rights prohibited by this resolution. Such procedures shall include alternate ways to report a complaint so that the person making the complaint need not communicate with the alleged violator in the event the alleged violator would be the normal contact for such complaints. PAGE 20 OF 22 Regular Meeting Minutes – October 25, 2021 Section 5: No person shall retaliate against any person who reports any alleged discrimination, harassment or violation of civil rights, provided however, that any person who reports alleged violations in bad faith shall be subject to appropriate discipline. Section 6: The Borough of Madison shall establish written procedures that require all officials, employees, appointees and volunteers of the Borough as well as all other entities subject to this resolution to periodically complete training concerning their duties, responsibilities and rights pursuant to this resolution. Section 7: The Borough of Madison shall establish a system to monitor compliance and shall report at least annually to the governing body the results of the monitoring. Section 8: At least annually, the Borough of Madison shall cause a summary of this resolution and the procedures established pursuant to this resolution to be communicated within the Borough. This communication shall include a statement from the governing body expressing its unequivocal commitment to enforce this resolution. This summary shall also be posted on the Borough’s web site. Section 9: This resolution shall take effect immediately. Section 10: A copy of this resolution shall be published in the official newspaper of the Borough in order for the public to be made aware of this policy and the Borough’s commitment to the implementation and enforcement of this policy. R 283-2021 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING USE OF KINGS ROAD PARKING LOT BY THE MADISON PBA TO HOST A FOOD TRUCK FESTIVAL ON NOVEMBER 6, 2021 WHEREAS, the Madison PBA has requested permission to use the Kings Road Parking Lot (Lot #3) on Saturday, November 6, 2021 for a Food Truck Festival event; and WHEREAS, the Director of Business Development has recommended that such permission be granted; and WHEREAS, the Madison PBA shall be permitted to operate a beer garden subject to such restrictions or conditions as may be required by the Division of Alcoholic Beverage Control and the Madison Chief of Police. Additionally, the Madison PBA requests permission to place signs on public property and a banner at the corner of Kings Road and Prospect Street to promote the event; 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 in the State of New Jersey, that the Madison PBA is hereby given permission to hold the Madison Food Truck Festival, on Saturday, PAGE 21 OF 22 Regular Meeting Minutes – October 25, 2021 November 6, 2021, subject to such safety requirements as may be directed by the Madison Police Department, Fire Department and Health Department and further provided that adequate host liability insurance coverage is provided indemnifying the Borough of Madison from Liability. 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 supporting documentation of said vouchers was made part of the Supplemental Minute Book. Current Fund $5,718,538.18 General Capital Fund 49,639.04 Electric Operating Fund 713,020.28 Electric Capital Fund 459.50 Water Operating Fund 53,352.26 Water Capital Fund 0.00 Trusts 50,088.07 Total $6,585,097.33 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 Absent: None NEW BUSINESS - Mayor Conley announces the following appointment and requests Council confirmation: HOUSING AUTHORITY Diane Driscoll, Union Hill Road, Commissioner, unexpired five-year term through August 10, 2026. Ms. Baillie moved confirmation of the foregoing appointment. 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 8:54 p.m. Respectfully submitted, Caridad Reyes Deputy Borough Clerk, for Elizabeth Osborne, Borough Clerk PAGE 22 OF 22