Mayor & Council

MINUTES OF A REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF MADISON November 8, 2021 - 7 p.m. CALL TO ORDER The Regular Meeting of the Mayor and Council of the Borough of Madison was held on the 8th day of November, 2021. Mayor Conley called the meeting to order at 7:00 p.m. in the Committee Room 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, via teleconference Maureen Byrne John F. Hoover Debra J. Coen Rachael Ehrlich Robert Landrigan Also Present: Raymond M. Codey, Borough Administrator James E. Burnet, Assistant Borough Administrator Elizabeth Osborne, Borough Clerk Matthew J. Giacobbe, Esq. Borough Attorney AGENDA REVIEW There was approval of the Regular and Executive Agenda. READING OF CLOSED SESSION RESOLUTION Ms. Byrne moved: RESOLVED, that the meeting be adjourned to an Executive Session to consider the following matters: MINUTES FOR APPROVAL (1) October 13, 2021 Date of public disclosure 60 days after conclusion, if disclosure required. CONTRACT MATTERS (4) DREW UNIVERSITY UPDATE Regular Meeting Minutes – November 8, 2021 LEGAL SERVICES CONTRACT SOIL REMEDIATION HDM EAST WING ARCHITECT Date of public disclosure 60 days after conclusion, if disclosure required. PERSONNEL MATTERS (2) P/T PER DIEM POLICE DEPARTMENT POLICE OFFICER Date of public disclosure 90 days after conclusion, if disclosure required. LITIGATION MATTERS (1) TAX APPEAL SETTLEMENTS Date of public disclosure 90 days after conclusion, if disclosure required POTENTIAL LITIGATION MATTERS (1) OPEN SPACE, RECREATION AND HISTORY PRESERVATION TAX Date of public disclosure 90 days after conclusion, if disclosure required Seconded: Ms. Baillie Vote: Approved by voice vote RECONVENE IN COUNCIL CHAMBER Mayor Conley reconvened the Regular Meeting at 8 p.m. in the Council Chamber with all members present. The Pledge of Allegiance was recited by all. Mayor Conley asked for a moment of silence for the passing of Madison resident Ann M. DeBiasse. APPROVAL OF MINUTES Ms. Byrne moved approval of the Executive Minutes of October 13, 2021. Ms. Baillie seconded the motion, which passed with a unanimous voice call vote recorded. Ms. Byrne moved approval of the Regular Meeting Minutes of October 13, 2021. Ms. Coen seconded the motion, which passed with a unanimous voice call vote recorded. GREETINGS TO PUBLIC Mayor Conley presented the following proclamation to Borough Clerk Elizabeth Osborne: Proclamation of the B o r o u g h o f M a d i s on Proclaiming WORLD PANCREATIC CANCER DAY November 18, 2021 WHEREAS, in 2021, an estimated 60,430 people will be diagnosed with pancreatic cancer in the United States and 48,220 will die from the disease; and PAGE 2 OF 31 Regular Meeting Minutes – November 8, 2021 WHEREAS, pancreatic cancer is currently the third leading cause of cancer death in the United States and each person’s chances of getting this cancer can be affected by certain risk factors such as tobacco use, being overweight, family history and inherited genetic syndromes; and WHEREAS, early pancreatic cancers do not cause any signs or symptoms, making it difficult to diagnose until it has grown very large or already spread outside the pancreas; and WHEREAS, approximately 1,360 pancreatic cancer deaths will occur in New Jersey in 2021; and WHEREAS, more than 495,000 new pancreatic cancer cases were diagnosed worldwide in 2020; and WHEREAS, the good health and well-being of the residents of Madison are enhanced as a direct result of increased awareness about the symptoms and risks of pancreatic cancer and research into early detection, causes and effective treatments. NOW, THEREFORE, I, Robert H. Conley, Mayor of the Borough of Madison, on behalf of the governing body, do hereby proclaim November 18, 2021 as World Pancreatic Cancer Day in the Borough of Madison. ____________________________ Robert H. Conley, Mayor November 8, 2021 REPORTS OF COMMITTEES Public Safety Ms. Byrne, Chair of the Committee, made the following comments: The Madison Fire Department responded to a total of 96 calls and inspection s in the month of October, including two fires outside of Madison, including Parsippany and Chatham Township. On October 30, 2021 Madison Police took part in Trunk or Treat in the parking lot outside of the Madison Volunteer Ambulance Squad headquarters. Officers from the Community Relations Unit and the patrol division greeted residents and handed out candy. On November 6, 2021, Madison PBA 92 held a food truck festival outside of police headquarters in Lot 3 on Kings Road from 11am-5pm. Attendants enjoyed food from 15+ gourmet food trucks, great live music from Naughty Humphry and Grand Theft Audio, hatchet tossing, and boardwalk style games! The event benefitted a Madison family whose high school aged son is battling a medical condition. Finance and Borough Clerk Ms. Baillie, Chair of the Committee, made the following comments: Ms. Baillie explained a budget transfer, Resolution 295-2021, for the Fire Department salary line noting changes to the budget are made by a two-thirds vote of the governing body. Ms. Baillie also noted that tax assessment added and omitted adjustments have been mailed to property owners. The Finance department will make several payments this week, including to the Board of Education for approximately $192,000. PAGE 3 OF 31 Regular Meeting Minutes – November 8, 2021 Public Works and Engineering Mr. Hoover, Chair of the Committee, made the following comments: The Engineering Department reports that Merrill and Garaguso have completed electrical conduit installation, bollard foundations, and upper granite stair tread resets to the HDM Plaza. Montana Constructions completed emergency response and videotape of entire culvert. Leaf pickup throughout town has started. One complete pass of all Borough streets has already been completed. Free leaf bags are available at the DPW Garage on John Avenue and the Borough Clerk’s Office at Hartley Dodge. Residents are encouraged to recycle their Halloween pumpkins at the Borough’s new recycling center. Jetting of the Borough sewer infrastructure started today and will be completed by November 19th. Regular maintenance of this infrastructure prevents blockages and backups into residents’ homes and businesses. DPW staff has been busy “winterizing” Borough facilities and decommissioning underground sprinkler systems. On tonight’s agenda are contracts to secure an adequate supply of rock salt and brine in anticipation of winter weather and to avoid supply chain delivery issues. Community Affairs Ms. Coen, Chair of the Committee, made the following comments: The next meeting of the Downtown Development Commission will be held on November 18th. There are two weeks left in the season for this year’s Farmers’ Market. New benches have been installed downtown and Gateway and Wayfinding signs will be next the Chamber of Commerce has announced their holiday plans including painting of business windows and the return of Rosie the Reindeer. A list of participating businesses can be found on the Borough’s website. Information of performances at the Community Arts Center can be found on the MACA website. Utilities Ms. Ehrlich, Chair of the Committee, made the following comments: On Thursday, October 28th, the Stand-by crew was called to Belmont Street for sparking wires - a contractor had cut the service cable. The department transferred underground electrical equipment to a new riser pole On Saturday, October 30th, the Stand-by Crew was called to 7 Coursen Way for partial power. The Crew replaced the service cable from the pole to the house. On Saturday, October 30th, the Stand-by Crew was also called to 53 Green Avenue where they had to repair the service cable. Saturday, October 30th, JCP&L called the Superintendent requesting assistance with power restoration after the wind storm on 10/29/2021. The Department sent (1) crew and (2) bucket trucks to assist. On Friday, November 5th, the Stand-by Crew was called out at 4:45 AM (just as they were finishing up another call on Loveland Street) for No Power on Noe Avenue. The Crew determined there was a broken Primary Line on Shunpike. The Electric Department continues to complete daily work orders, including new service installations, disconnects, and trouble calls. They also continue to meet with contractors to discuss electrical layout, materials, specifications, and design. The Water Department reports that three (3) emergency interconnections with Florham Park Water were checked and tested for this year. These connections are for emergency use only, and can flow water in both directions, for the purpose of supplementing either department’s water supply during an emergency event. The fountain at Cole Park has been shut down for the season. The rest of the drinking water fountains and rest rooms at the Ball Fields will be shut down this week. The Water Department assisted Drew University with a water shut down on their site. Drew University had experienced an underground steam line rupture, which in turn damaged a water line feeding some of the buildings on the east side of campus. Please be sure to winterize your PAGE 4 OF 31 Regular Meeting Minutes – November 8, 2021 automatic sprinkler systems before the cold weather sets in. Also, don’t forget to shut off your outside faucets from inside your home. Health Mr. Landrigan, Chair of the Committee, made the following comments: Mr. Landrigan noted that the Health Department has completed this season’s influenza clinics and noted that the FDA and CDC have approved low dose COVID- 19 virus vaccines for children and vaccines are available at several locations including Atlantic Health, CVS, Walgreens, etc. The annual rabies clinic will be held on Saturday, December 4, 2021 COMMUNICATIONS AND PETITIONS The Borough Clerk announced receipt of the following communications: Email dated November 4, 2021 from Ruth Zowader of Winding Way thanking the Mayor and Council for all that they are doing to save the Drew Forest. Email Dated November 4, 2021 from Bruce Carpenter of Glenwild Road regarding preservation of the Drew Forest. Email date November 4, 2021 from Janet and Steve Kreha of Beech Avenue, thanking the Mayor and Council for preserving the Drew Forest 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 Chair, the person shall proceed to the lectern and give his/her name and address in an audible tone of voice, and print the same on the sheet provided for the record. He/she shall limit his/her statement to three (3) minutes or less. Judy Trowel; Winding Way, encouraged Council to return the Open Space, Recreation and Historic Preservation Trust tax rate to the original rate to help preserve the Drew Forest. Marilyn Musielski; Academy Road, spoke in support of restoring the Open Space, Recreation and Historic Preservation Trust tax rate. Kate Silliman; Highland Avenue, supported restoring the Open Space, Recreation and Historic Preservation Trust tax rate. Peter Fried; Morris Place, asked Council to consider increasing the Open Space, Recreation and Historic Preservation Trust tax rate for preservation such as the Drew Forest and the University. Since no member of the public wished to be heard, the invitation for discussion was closed. AGENDA DISCUSSIONS 11/08/2021-1 OPEN SPACE, RECREATION AND HISTORIC PRESERVATION TRUST FUND Ms. Baillie noted that the residents of Madison had overwhelming voted in favor of the Open Space Recreation and Historic Preservation Trust fund by referendum in 2004. Since that date funds have been use to leverage grants for many projects. PAGE 5 OF 31 Regular Meeting Minutes – November 8, 2021 Restoring the tax rate will help to preserve the Drew Forest. Mayor Conley noted that requests for funding still comes before the Council for approval. Ordinance 44-2021 is listed for Introduction. 11/08/2021-2 GIRALDA FARMS SUPPLEMENTAL ZONING ORDINANCE Mayor Conley noted that the proposed zoning amendment is in response to the world wide change in the use of office space and existing buildings at Giralda Farms and their uses. Mayor Conley also noted that the planning board has worked on this amendment for some time and zoning amendments will most likely continue to change as the use of traditional office space changes. Ordinance 45-2021 is listed for Introduction. 11/08/2021-3 2021 BUDGET TRANSFERS Mr. Burnet noted that the municipal budget has to be cash neutral and transfers are required often to cover unforeseen expenses. Mr. Burnet also noted additional budget transfers may be forthcoming. Resolution 295-2021 is listed on the Consent Agenda. ADVERTISED HEARINGS The Clerk made the following statement: Ordinances scheduled for hearing tonight were submitted in writing at a Regular meeting of the Mayor and Council held on October 25, 2021, were introduced by title and passed on first reading, were published in the Madison Eagle and made available to members of the general public requesting same. Mayor Conley called up Ordinances for second reading and asked the Clerk to read said ordinances by title: ORDINANCE 42-2021 ORDINANCE OF THE BOROUGH OF MADISON AMENDING CHAPTER 195, ARTICLE V OF THE BOROUGH CODE TO ESTABLISH STANDARDS FOR ELECTRIC 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 PAGE 6 OF 31 Regular Meeting Minutes – November 8, 2021 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 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. PAGE 7 OF 31 Regular Meeting Minutes – November 8, 2021 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. 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 PAGE 8 OF 31 Regular Meeting Minutes – November 8, 2021 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. 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 PAGE 9 OF 31 Regular Meeting Minutes – November 8, 2021 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: 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 PAGE 10 OF 31 Regular Meeting Minutes – November 8, 2021 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.” 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 PAGE 11 OF 31 Regular Meeting Minutes – November 8, 2021 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. 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. PAGE 12 OF 31 Regular Meeting Minutes – November 8, 2021 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 connector and cord a safe and sufficient distance above the ground or pavement surface. Any cords connecting the charger to a vehicle shall be PAGE 13 OF 31 Regular Meeting Minutes – November 8, 2021 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 3) Contact information (telephone number) for reporting when the equipment is not operating or other problems. PAGE 14 OF 31 Regular Meeting Minutes – November 8, 2021 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. Mayor Conley opened up the public hearing on Ordinance 42-2021. Thomas Haralampoudis; Pomeroy Road, asked if this ordinance applied to single family home construction. Claire Whitcombe; Fairwood Road, noted that the Environmental Commission recommended a similar ordinance. Since no other member of the public wished to be heard, the public hearing was closed. Ms. Baillie moved that Ordinance 42-2021, 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 42-2021 adopted and finally passed and ordered the Clerk to publish the notice thereof in the newspaper and to record the ordinance as required by law. ORDINANCE 43-2021 ORDINANCE OF THE BOROUGH OF MADISON APPROPRIATING $150,000.00 FROM THE GENERAL CAPITAL IMPROVEMENT FUND FOR SECURITY AND RADIO UPGRADES PAGE 15 OF 31 Regular Meeting Minutes – November 8, 2021 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 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. Mayor Conley opened up the public hearing on Ordinance 43-2021. Since no member of the public wished to be heard, the public hearing was closed. Ms. Baillie moved that Ordinance 43-2021, 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 43-2021 adopted and finally passed and ordered the Clerk to publish the notice thereof in the newspaper and to record the ordinance as required by law. INVITATION FOR DISCUSSION (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 Chair, the person shall proceed to the lectern and give his/her name and address in an audible tone of voice, and print the same on the sheet provided for the record. He/she shall limit his/her statement to three (3) minutes or less. Christine Light, Hartwick, NJ, presented an electronic petition to save the Drew Forest found on change.org, that contained 10, 000+ signatures. Thanked Council for introducing the Open Space, Recreation and Historic Preservation tax ordinance. PAGE 16 OF 31 Regular Meeting Minutes – November 8, 2021 Mary Jane Wyatt, noted signatures collected at the Farmers’ Market in support of preserving the Drew Forest. Thomas Haralampoudis; Pomeroy Road, noted he also supports preserving valuable open space, and inquired about the Opens Space, Recreation and Historic Preservation Committees list of recommended projects. Julia Somners; Green Village, noted how important preservation of the Drew Forest is to the Borough’s water supply 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 November 22, 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 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 44-2021 ORDINANCE OF THE BOROUGH OF MADISON AMENDING ORDINANCE 7-2013 WHICH REDUCED THE MUNICIPAL OPEN SPACE, RECREATION AND HISTORIC PRESERVATION TAX RATE WHEREAS, the voters of the Borough of Madison, in the County of Morris, State of New Jersey, approved a referendum on November 4, 2003 which recommended to the Borough Council the establishment of a Municipal Open Space, Recreation and Historic Preservation Trust Fund (hereinafter referred to as the “Open Space Trust Fund”) to finance the acquisition and preservation of lands and easements for open space; active and passive recreation; preservation of natural resources, including water supplies; and historic preservation; and WHEREAS, the Madison Borough Council adopted Ordinance 4-2004 on February 9, 2004 which established the Open Space Trust Fund; and WHEREAS, Ordinance 4-2004 codified in part as Article 132-3(B) of the Borough Code established the formula to fund the Open Space Trust Fund through the collection of an amount of two cents ($0.020) per One Hundred Dollars ($100.00) of assessed valuation of each annual Borough property tax levy; and WHEREAS, by Ordinance 7-2013, the Open Space Tax Rate was reduced from two cents ($0.020) per One Hundred Dollars ($100.00) of assessed valuation to $0.018 cents per One Hundred Dollars ($100.00) of assessed valuation; and PAGE 17 OF 31 Regular Meeting Minutes – November 8, 2021 WHEREAS, the Open Space Tax revenues are needed to service the outstanding bonded indebtedness for the Madison Recreation Center (MRC) land acquisition and the development of two artificial turf fields and support facilities on site; and WHEREAS, additional Open Space tax revenues are needed to maintain a funding stream to finance the acquisition and preservation of lands and easements for open space; active and passive recreation; preservation of natural resources, including water supplies; and historic preservation; and WHEREAS, the preservation of the 53 acres of the Drew Forest for Open Space and Aquifer recharge is essential to the future quality of life in our community; and WHEREAS, Drew University has announced plans to monetize non- academic resources like the Drew Forest through sale to a third party to stabilize the University’s financial situation; and WHEREAS, the Borough will need substantial additional Open Space tax revenue to acquire the Drew Forest or secure a conservation easement; and WHEREAS, returning the Open Space Tax to the $0.020 per One Hundred ($100.00) Dollars of assessed valuation formula as overwhelmingly approved by Madison voters on November 4, 2003 will generate additional revenue to be combined with government grants at the state and federal level, together with foundation, corporate and resident financial support to help preserve the important natural resource known as the Drew Forest; and WHEREAS, the “average” assessed value of a home in Madison is $667,200.00 dollars with a market value of $785,294.00 dollars; and WHEREAS, the annual impact on returning the Open Space Tax to the formula approved by referendum in 2003 on the “average” home in Madison will be $13.34 a year. The dollar increase is 1/10th of 1% on the average total property tax bill. NOW, THEREFORE, BE IT ORDAINED by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, that the 2022 Open Space tax formula is returned to $0.020 cents per One Hundred Dollars ($100.00) of assessed valuation as previously approved in the November 4, 2003 public referendum to be effective January 1, 2022. Ms. Baillie moved that Ordinance 44-2021, which the Borough Clerk read by title, be adopted. Ms. Byrne seconded the motion. There was no Council discussion, and the motion passed with the following roll call vote recorded: PAGE 18 OF 31 Regular Meeting Minutes – November 8, 2021 Yeas: Ms. Baillie, Ms. Byrne, Mr. Hoover, Ms. Coen, Ms. Ehrlich, Mr. Landrigan Nays: None ORDINANCE 45-2021 ORDINANCE OF THE BOROUGH OF MADISON AMENDING CHAPTER 195 OF THE BOROUGH CODE ENTITLED "LAND DEVELOPMENT" REGARDING ZONING WHEREAS, the Planning Board has considered and recommends that the Borough Council consider proposed amendment to Chapter 195 of the Borough Code regarding zoning with a summary report from the Board provided; and WHEREAS, the Borough Council having review the proposed amendments concurs in this recommendation from the Planning Board to amend zoning regulations in the Borough. NOW, THEREFORE, BE IT ORDAINED, by the Council of the Borough of Madison, County of Morris, State of New Jersey that: SECTION 1: Chapter 195 of the Borough Code, entitled "Land Development" is amended and supplemented to include the following: … I. Section 195-33B(7), “Assisted living residences may be located in any zone subject to the following conditions:” shall be deleted. II. Section 195-32.8B shall be amended to read as follows: B. Principal permitted uses. (1) Business, administrative, professional and medical offices. (2) Nonhazardous laboratories, research and development, experimentation and testing. (3) High technology/innovation business incubator facility. III. Section 195-32.8 shall be amended to add Section 195-32.8C (existing Sections C, D, E and F to be recodified per notations herein), which reads as follows: C. Conditional uses. (1) Assisted-living residences, subject to the following conditions: (a) At least 10% of units shall be deed restricted under State Medicaid requirements per the definition of "Medicaid waiver”. (b) All assisted-living residences shall be licensed by the state of New Jersey. (c) The maximum number of assisted living units in an assisted living residence shall not exceed 150 units. (d) Assisted-living residences shall be located in existing structures. (2) Supportive housing, subject to the following conditions: (a) There shall be no more than 125 beds in the PCD-O District. (b) All supported housing shall be licensed by the state of New Jersey. (c) Supportive housing shall be located in existing structures. PAGE 19 OF 31 Regular Meeting Minutes – November 8, 2021 (3) Short-term, acute physical rehabilitation centers shall be permitted, subject to the following conditions: (a) The average stay shall not exceed 3 weeks. (b) There shall be no more than 50 beds per center and a maximum of two centers and 100 short-term acute beds in the PCD-O District. (c) Acute rehabilitation centers shall be located in existing structures. (4) Continuing care retirement communities (CCRC), subject to the following conditions: (a) At least 20% of the independent living units shall be affordable to low and moderate income households and deed restricted for at least 30 years. (b) The maximum number of independent living units in a continuing care retirement community shall not exceed 150 units. (c) A minimum of 10% of all assisted and nursing care units or beds shall be deed restricted as Medicaid units. (d) There shall be a maximum of one CCRC within the PCD-O District. (e) CCRCs shall be located in existing structures. (5) Culinary destination center: (a) Includes a restaurant with outdoor dining and two or more of the following additional uses: (1) Café/bakery (2) Licensed brew pub subject to the following requirements: [a] Production shall be limited to no more than 10,000 barrels of 31 fluid gallons of capacity per year. [b] At least 90% of the floor area dedicated to this use shall be located within existing structures and buildings. (3) Licensed brewery, cidery, meadery, winery, or distillery, subject to the following requirements: [a] Craft breweries, cideries, and meaderies shall be limited in production to no more than 100,000 barrels of 31 fluid gallons of capacity per year. [b] Wineries shall be limited in production to no more than 100,000 gallons of distilled alcoholic beverages per year. [c] Distilleries shall be limited in production to no more than 20,000 gallons of distilled alcoholic beverages per year. [d] Storage of production waste and solid waste shall be in enclosed containers and stored inside or in a separately enclosed structure that confines odors, and obstructs views. [e] A system to vent brewing or distilling and other exhausts and odors shall be provided. [f] At least 90% of floor area dedicated to these uses shall be within existing structures and buildings. (4) Farm, vineyard, garden, or apiary for the purposes of supplying the restaurant and/or brewery, cidery, winery or distillery with ingredients with total maximum acreage in production not to exceed 4.5 acres within the PCD-O District. (5) Private club with dining, fitness and other ancillary uses. PAGE 20 OF 31 Regular Meeting Minutes – November 8, 2021 (b) Cooking, baking, brewing and winemaking classes may be offered. (c) Shall occupy no more than 50 acres within the PCD-O District and 90% of floor area shall be located within existing structures and buildings. (8) Artist galleries/work lofts: (a) A unit must be a single, enclosed work space of at least 1,200 square feet devoted to work space for the creation, display and sale of art. (b) Retail galleries are permitted. (c) Art galleries /work lofts are permitted in existing buildings and structures. IV. Recodify Section 195-32.8C as 195-32.8D. V. Recodify Section 195-32.8D as 195-32.8E. VI. Recodify Section 195-32.8E as 195-32.8F. VII. Recodify Section 195-32.8F as 195-32.8G. VIII. Section 195-32.8E(4) (formerly 195-32.8D(4), shall be amended to read as follows: (4) Development standards. Section 195-33A shall be amended to read as follows: General. The Planning Board shall not approve a conditional use unless it finds that the use meets all the conditions identified herein. For conditional uses and associated standards within the PCD-O Zone, please see Section 195-32.8. IX. Section 195-32.8E(5) (formerly 195-32.8D(5), shall be amended to read as follows: (5) A hotel in the PCD-O provides transient lodging accommodations to the general public and contains at least 100 rooms and no more than 200 rooms/suites, and may include additional facilities and services, such as a full-service restaurant, meeting space/function areas, and a fitness center/private club for use by hotel guests and the general public on a membership basis. X. Add Section 195-28H. Overlay for Block 3202, Lot 1 to read as follows: 195-28H. Overlay Zone for Block 3202, Lot 1 H(1). Additional Permitted Uses for Block 3202, Lot 1 (a) In addition to the PCD-O permitted uses, the following uses may be permitted in new buildings in accordance with PCD-O bulk, dimensional and other applicable standards in 195-28: (1) Licensed Supportive Housing not to exceed 100 beds (2) Licensed Assisted Living not to exceed 100 units with at least 10% of units be deed restricted under State Medicaid requirements per the definition of "Medicaid waiver”. (3) Licensed Continuing Care Retirement Community with a maximum of 100 independent units and at least 20% of the independent living units deed restricted as affordable to low and moderate income households for at least 30 years and a minimum of 10% of all assisted living units deed restricted under State Medicaid requirements per the definition of “Medicaid waiver.” XI. Section 195-7 shall be amended to include: Artist PAGE 21 OF 31 Regular Meeting Minutes – November 8, 2021 A person or persons regularly engaged in the arts as a career and not as a hobby. This does not mean that the creation of art generates the person's primary source of income, but rather that the artist has a body of work that demonstrates the development of the art and intends to pursue that work for the foreseeable future. Short-Term Acute Physical Rehabilitation Center An establishment that is licensed by State of New Jersey that provides short- term acute physical rehabilitation care for persons transitioning from an inpatient hospital status to independent living or recovery from surgery, debilitation, or serious illness. Supportive Housing Permanent housing, licensed by the State of New Jersey, that provides access to supportive services for people with physical or developmental disabilities. Medicaid Waiver Medicaid waiver designates a form of insurance payment for certain assisted living care, health and medical services paid through the Enhanced Community Options (ECO) waiver program which is a home and community- based services waiver for the elderly and disabled. The New Jersey Department of Health and Senior Services must license Medicaid providers of assisted living services. In addition, the New Jersey Department of Health and Senior Services allocates Medicaid waivers to specific licensed assisted living residences. In accordance with N.J.S.A. 26:2H-12.16 et seq., a new assisted living residence or comprehensive personal care home licensed on or after September 1, 2001, shall attain a level of occupancy by Medicaid eligible persons of at least 10% of its total bed complement within three years of licensure and shall maintain this level of Medicaid occupancy thereafter. Art Gallery A building or space used for the display of art for the purpose of promoting and selling artworks. Ms. Baillie moved that Ordinance 45-2021, which the Borough Clerk read by title, be 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 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 PAGE 22 OF 31 Regular Meeting Minutes – November 8, 2021 Nays: None R 284-2021 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING A CONTRACT WITH JANINE G. BAUER, ESQ. FOR PROFESSIONAL SERVICES REGARDING MADISON HISTORIC PRESERVATION COMMISSION WHEREAS, the Borough Administrator has recommended execution of a professional services contract with Janine G. Bauer, Esq., for legal services for the Borough of Madison and the Madison Historic Preservation Commission pursuant to a written proposal from Janine G. Bauer, Esq. dated October 21, 2021; and WHEREAS, such services constitute professional services for which a contract may be awarded without the need of competitive bidding pursuant to N.J.S.A. 40A:11-5(1)(a); and WHEREAS, Janine G. Bauer, Esq., has submitted to the Borough Purchasing Agent, the required documents to satisfy the requirements of N.J.S.A. 19:44A-20.5, since this matter may be awarded without competitive bidding; and WHEREAS, funds are available in any account that may be deemed appropriate by the Chief Financial Officer or his designee, and the availability of funds has been certified by the Chief Financial Officer. NOW, THEREFORE, BE IT RESOLVED by the Council of the Borough of Madison, in the County of Morris and State of New Jersey as follows: 1. The Mayor and Borough Clerk are authorized to execute on behalf of the Borough a professional services contract with Janine G. Bauer, Esq., for legal services for the Borough of Madison/Madison Historic Preservation Commission, in an amount not to exceed $10,000.00 in a form acceptable to the Borough Attorney. 2. The Borough Clerk is hereby directed to publish notice of the adoption of this resolution in the official newspaper of the Borough of Madison within ten (10) days of its adoption pursuant to N.J.S.A. 40A:11-5. R 285-2021 RESOLUTION OF THE BOROUGH OF MADISON AWARDING PROFESSIONAL SERVICES CONTRACT TO MOTT MACDONALD AS A LICENSED SITE REMEDIATION PROFESSIONAL FOR THE GLENWILD ROAD RECONSTRUCTION PROJECT WHEREAS, the Borough Administrator has recommended that an environmental remediation consultant be retained for issues arising out of the Glenwild Road Reconstruction Project (hereinafter the “Contract”); and WHEREAS, said services would constitute professional services for which a contract may be awarded without the need of competitive bidding pursuant to N.J.S.A. 40A:11-5; and PAGE 23 OF 31 Regular Meeting Minutes – November 8, 2021 WHEREAS, the Qualified Purchasing Agent has determined and certified in writing that the cost of those services will exceed $17,500.00; and WHEREAS, the Borough Administrator has recommended that the Borough Council award the Contract to Mott MacDonald in an amount not to exceed $35,000.00, as a Licensed Site Remediation Professional for soil remediation issues arising from the Glenwild Reconstruction Project; and; and WHEREAS, Mott MacDonald, has submitted to the Borough Qualified Purchasing Agent the required documents to satisfy the requirements of N.J.S.A. 19:44A-20.5, since this matter may be awarded without competitive bidding; and WHEREAS, Mott MacDonald has completed and submitted a Business Entity Disclosure Certification which certifies that Mott MacDonald has not made any reportable contributions to a political or candidate committee in the Borough of Madison in the previous one year, and that the contract will prohibit Mott MacDonald from making any reportable contributions through the term of the contract; and WHEREAS, the Chief Financial Officer has attested that funds will be available in an amount not to exceed $35,000.00 for this purpose, which funds are available in Ordinance 1-2020. NOW, THEREFORE, BE IT RESOLVED by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, as follows: 1. The Mayor and Borough Clerk are hereby authorized to execute, on behalf of the Borough, a contract for professional services with Mott MacDonald as a Licensed Site Remediation Professional for the Glenwild Road reconstruction Project in an amount not to exceed $35,000.00, such contract to be in a form approved by the Borough Attorney. 2. The Business Disclosure Entity Certification, Political Contribution Disclosure Form and the Determination of Value shall be placed on file with this resolution. 3. The Borough Clerk is hereby directed to publish notice of the adoption of this resolution in the official newspaper of the Borough of Madison within ten (10) days of its adoption pursuant to N.J.S.A. 40A:11-5. R 286-2021 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING THE SETTLEMENT OF A CERTAIN TAX APPEAL WHEREAS, appeals of the real property tax assessments of the following properties have been filed in the Tax Court of New Jersey: PROPERTY OWNER BLOCK LOT ADDRESS PAGE 24 OF 31  Regular Meeting Minutes – November 8, 2021 Sommer, James & Maura 4001 39 207 Woodland Road Martinez, Michael & Laura 4805 10 3 Independence Court Cilenti, Angelo & Sheryl 4402 20 11 Colonial Way Blunda, Thomas/Santora, Jennifer 3502 13 80 Green Village Road ; and WHEREAS, the Borough Tax Assessor, Tax Appeal Attorney and appraisal expert are of the opinion that it is the best interest of the Borough to settle these appeals. NOW, THEREFORE, BE IT RESOLVED, by the Borough Council of the Borough of Madison, in the County of Morris and State of New Jersey, as follows: 1. The settlement of the following tax appeals are hereby authorized as PROPERTY OWNER YEAR ORIGINAL PROPOSED NEW ASSESSMENT SETTLEMENT ASSESSMENT Sommer, James & Maura 2020-2021 $1,571,100 $12,872.00 $1,250,000 Martinez, Michael & Laura 2021 $1,470,100 $ 3,411.00 $1,300,000 Cilenti, Angelo & Sheryl 2020-2021 $1,691,400 $ 3,006.00 $1,616,400 Blunda, Thomas/Santora, Jennifer 2020-2021 $1,204,100 $ 2,414.00 $1,083,690 2. All municipal officials are hereby authorized to take whatever actions may be necessary to implement the terms of this Resolution. 3. This Resolution shall take effect immediately. R 287-2021 RESOLUTION OF THE BOROUGH OF MADISON APPOINTING PAUL KOSAKOWSKI TO A PART-TIME POSITION IN THE MADISON POLICE DEPARTMENT WHEREAS, the Acting Chief of Police recommends the appointment of Paul Kosakowski to a part-time position to assist with statutorily required expungement work for the Madison Police Department; 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 Paul Kosakowski is hereby appointed to a part-time position to assist with expungement matters for the Madison Police Department, effective immediately; and BE IT FURTHER RESOLVED, that Paul Kosakowski be compensated at the hourly rate of $35.00 per/hour with no benefits for up to 29 hours per week until the expungement backlog is cleared, but in no event beyond July 2022. PAGE 25 OF 31 Regular Meeting Minutes – November 8, 2021 R 288-2021 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING USE OF THE EMERGENCY OPERATION CENTER (EOC) ROOM AT THE PUBLIC SAFETY COMPLEX BY THE MADISON FIRST BAPTIST CHURCH AND ZUFALL HEALTH WHEREAS, the Acting Madison Police Chief has recommended that the Borough Council authorize use of the EOC Room at the Public Safety Complex by the Madison First Baptist Church and Zufall Health to administer COVID 19 booster vaccines on December 17, 2021 from 10:00 a.m. to 2:00 p.m.; and WHEREAS, the Borough Administrator recommends that the Council approve this request. NOW, THEREFORE, BE IT RESOLVED, by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, that the Madison First Baptist Church and Zufall Health are hereby authorized to use the EOC Room at the Public Safety Complex to administer COVID 19 booster vaccines on December 17, 2021 from 10:00 a.m. to 2:00 p.m. R 289-2021 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING USE OF THE EMERGENCY OPERATION CENTER (EOC) ROOM AT THE PUBLIC SAFETY COMPLEX BY FAIRLEIGH DICKENSON UNIVERSITY FOR AN UNDERGRADUATE COURSE WHEREAS, the Acting Madison Police Chief has recommended that the Borough Council authorize use of the EOC Room at the Public Safety Complex for use by Fairleigh Dickinson University to host an undergraduate level class on Wednesdays from January 26, 2022 through April 6, 2022, from 6:00 p.m. to 9:45 p.m.; and WHEREAS, the Borough Administrator recommends that the Council approve this request. NOW, THEREFORE, BE IT RESOLVED, by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, that the Administrator is hereby authorized to execute an agreement with Fairleigh Dickinson University to use a portion of the Public Safety Complex to host an undergraduate level class on Wednesdays from January 26, 2022 through April 6, 2022, from 6:00 p.m. to 9:45 p.m.. R 290-2021 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING A CONTRACT WITH TALVA ENERGY, LLC FOR PROFESSIONAL SERVICES RELATED TO SOLAR CARPORTS PAGE 26 OF 31 Regular Meeting Minutes – November 8, 2021 WHEREAS, Resolution 293-2020, authorized a contract for a Community Solar Study with Talva Energy, LLC; and WHEREAS, the Assistant Borough Administrator/CFO has recommended that an additional contract be awarded to Talva Energy, LLC, of Manasquan, N.J., to provide assistance to navigate Board of Public Utilities (BPU) regulations related to implementing the solar carport(s) initiative at multiple Borough owned sites. 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 contract with Talva Energy, LLC, such contract to be in a form approved by the Borough Attorney. R 291-2021 RESOLUTION OF THE BOROUGH OF MADISON RATIFYING THE AWARD OF A PURCHASE ORDER/CONTRACT FOR SALT TO ATLANTIC ROCK SALT OF LOWELL, MA, UNDER THE MORRIS COUNTY COOPERATIVE PRICING COUNCIL PROGRAM WHEREAS, the Borough of Madison desires to ratify an award of a purchase/order contract for rock salt to an authorized vendor under the Morris County Co-Operative Pricing Council program; 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, Atlantic Salt of Lowell, MA, has been awarded Morris County Co-Operative Pricing Council Contract # 3 for the purchase of salt; and WHEREAS, the Director of Public Works has recommended that the Borough Council utilize this contract for the purchase of salt in an amount not to exceed $40,000.00; and WHEREAS, the Chief Financial Officer has attested that funds are available in an amount not to exceed $40,000.00 for this purpose, which is in the 2021 Public Works Department #300, account 435. 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 purchase order/contract be awarded to Atlantic Salt of Lowell, MA for the purchase of rock salt at a total price not to exceed $40,000.00 under the Morris County Co-Operative Pricing Council Contract #3 and same is hereby ratified and approved. R 292-2021 RESOLUTION OF THE BOROUGH OF MADISON APPROVING RAFFLES LICENSE APPLICATIONS SUBMITTED BY THE MADISON ICE HOCKEY BOOSTER CLUB PAGE 27 OF 31 Regular Meeting Minutes – November 8, 2021 BE IT RESOLVED by the Council of the Borough of Madison, County of Morris, State of New Jersey, that the following applications for Raffles Licenses, to be held as listed below, be and the same are hereby approved: MADISON ICE HOCKEY BOOSTER CLUB I.D. No. 274-5-40304 R.A. No. 1522 – Off-Premise 50/50 Date of Raffle – February 11, 2022 R.A. No. 1523 – On-Premise Merchandise Date of Raffle – February 11, 2022 R 293-2021 RESOLUTION OF THE BOROUGH OF MADISON RATIFYING THE AWARD OF A PURCHASE ORDER/CONTRACT FOR ENVIROBRINE LIQUID MELTING AGENT TO REED SYSTEMS, LTD OF ELLENVILLE, NY, UNDER THE MORRIS COUNTY COOPERATIVE PRICING COUNCIL PROGRAM WHEREAS, the Borough of Madison desires to ratify an award of a purchase/order contract for Envirobrine Liquid Melting Agent to an authorized vendor under the Morris County Co-Operative Pricing Council program; 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, Reed Systems, Ltd of Ellenville, NY, has been awarded Morris County Co-Operative Pricing Council Contract # 3 for the purchase of Envirobrine Liquid Melting Agent; and WHEREAS, the Director of Public Works has recommended that the Borough Council utilize this contract for the purchase of Envirobrine Liquid Melting Agent in an amount that will exceed $17,500.00; and WHEREAS, the Chief Financial Officer has attested that funds are available for this purpose, which is in the 2021 Public Works Department #300, account 435. 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 purchase order/contract be awarded to Reed Systems, Ltd of Ellenville, NY for the purchase of Envirobrine Liquid Melting Agent under the Morris County Co-Operative Pricing Council Contract #3 and same is hereby ratified and approved. R 294-2021 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING RELEASE OF PERFORMANCE BOND FOR HQM PROPERTIES, INC. FOR PREMISES DESIGNATED AS 7 ELM STREET, TAX BLOCK 1203, LOT 23 WHEREAS, the Borough Engineer has recommended that the Surety Performance Bond in the amount of $54,205.20, Guarantee in the amount of PAGE 28 OF 31  Regular Meeting Minutes – November 8, 2021 $6,022.80 and the cash balance of inspection fees held in Trust, be released to HQM Properties, Inc., in connection with site improvements located at 7 Elm Street, Block 1203, Lot 23; and WHEREAS, the Borough Engineer advises that all site work has been completed in compliance with the resolution of approval for Zoning Board Application Z14-006A and related bond estimates. 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 Surety Performance Bond in the amount of 54,205.20, Guarantee in the amount of $6,022.80 and the cash balance of inspection fees held in Trust, be released to HQM Properties, Inc. R 295-2021 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING 2021 BUDGET TRANSFERS WHEREAS, certain transfers of funds for various 2021 budget appropriations are necessary to cover anticipated expenditures; and WHEREAS, N.J.S.A. 40A:4-58 provides for transfer of appropriations with an excess over and above the amount deemed necessary to fulfill their purposes to those appropriations deemed to be insufficient; and WHEREAS, the appropriations subject to fund transfers hereby are not within those restricted by N.J.S.A. 40A:4-58 for transfer purposes. NOW, THEREFORE, BE IT RESOLVED, by an affirmative vote of the members of the Council of the Borough of Madison, in the County of Morris, New Jersey, that the Chief Financial Officer is hereby authorized to make transfers between appropriation accounts of the 2021 Municipal Budget as follows: Department Amount Amount Reason for Department requesting transferred Requested request Supplying Funds Transfer out “Fuel” 460-421 FCOA 31-430-2 - $20,000 “General Liability Training, staff Insurance” 210-514 Fire Department coverage, various FCOA 23-210 - $20,000 OT 265-120 + $60,000 storms, events and FCOA 25-265-1 emergencies “Sewage Processing” 456-214 - $20,000 FCOA 31-456 PAGE 29 OF 31 Regular Meeting Minutes – November 8, 2021 R 296-2021 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING THE USE OF UP TO $2,375.00 IN MUNICIPAL OPEN SPACE TRUST FUNDS FOR FORESTRY MOWING AT THE MADISON RECREATION CENTER WHEREAS, the Borough Purchasing Agent has requested authorization to enter into a contract with James Irish, Inc. of Rocky Hill, New Jersey, for forestry mowing of approximately nine (9) acres at the Madison Recreation Center (MRC); and WHEREAS, Ordinance 21-2019 has appropriated funding from the Municipal Open Space Trust Fund to implement a conservation management plan for the MRC, as approved by the Open Space Advisory Committee; and WHEREAS, the Chief Financial Officer/Assistant Borough Administrator has attested to the availability of funds in Ordinance 21-2019 in an amount not to exceed $2,375.000 for this purpose. NOW, THEREFORE, BE IT RESOLVED, by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, that up to $2,375.00 is hereby authorized to be allocated from Ordinance 21-2019 for forestry mowing at the Madison Recreation Center. 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 $1,130,154.70 General Capital Fund 204,874.92 Electric Operating Fund 136,002.10 Electric Capital Fund 0.00 Water Operating Fund 3,506.22 Water Capital Fund 0.00 Trusts 12,891.92 Total $1,487,429.86 The following roll call vote was recorded approving the aforementioned vouchers: Yeas: Ms. Baillie, Ms. Byrne, Mr. Hoover, Ms. Coen, Ms. Ehrlich, Mr. Landrigan Nays: None NEW BUSINESS Mayor Conley announced the following appointment: HISTORIC PRESERVATION COMMISSION Adrienne Novak, East Lane, Alt. 2 member, unexpired two-year term through December 31, 2022 PAGE 30 OF 31 Regular Meeting Minutes – November 8, 2021 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 December 13, 2021 (EO) PAGE 31 OF 31