Mayor & Council

MINUTES OF A REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF MADISON November 22, 2021 - 7 p.m. CALL TO ORDER The Regular Meeting of the Mayor and Council of the Borough of Madison was held on the 22nd day of November, 2021. Mayor Conley called the meeting to order at 7:00 p.m. in the Council Chamber of the Hartley Dodge Memorial, Kings Road, in the Borough of Madison. STATEMENT IN COMPLIANCE WITH THE OPEN PUBLIC MEETINGS ACT The Borough Clerk read the statement pursuant to the Open Public Meetings Act: “In compliance with the Open Public Meetings Act, adequate notice of this meeting of the Council was provided by transmitting a copy of the meeting notice to the Madison Eagle and Morris County Daily Record, posting a copy on the bulletin board at the main entrance of the Hartley Dodge Memorial, and filing a copy in the office of the Clerk, all on January 7, 2021. This Notice was made available to members of the general public.” ROLL CALL The Borough Clerk called the roll and the following acknowledged their presence: Mayor Robert H. Conley Council Members: Astri J. Baillie Maureen Byrne John F. Hoover Debra J. Coen Rachael Ehrlich Robert Landrigan Also Present: Raymond M. Codey, Borough Administrator James E. Burnet, Assistant Borough Administrator Elizabeth Osborne, Borough Clerk Matthew J. Giacobbe, Esq. Borough Attorney AGENDA REVIEW There was approval of the Regular and Executive Agenda. READING OF CLOSED SESSION RESOLUTION Ms. Byrne moved: RESOLVED, that the meeting be adjourned to an Executive Session to consider the following matters: MINUTES FOR APPROVAL (1) None Date of public disclosure 60 days after conclusion, if disclosure required. CONTRACT MATTERS (3) LEGAL SERVICES – OPIOID SETTLEMENTS BOROUGH EMPLOYEES FEDERATION HDM EAST WING ARCHITECTURAL AGREEMENT Regular Meeting Minutes – November 22, 2021 Date of public disclosure 60 days after conclusion, if disclosure required. PERSONNEL MATTERS (2) ARTS & EVENTS DIRECTOR POLICE OFFICER Date of public disclosure 90 days after conclusion, if disclosure required. LITIGATION MATTERS (1) ROSE CITY TAX APPEAL Date of public disclosure 90 days after conclusion, if disclosure required. POTENTIAL LITIGATION MATTERS (1) DREW UNIVERSITY 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. with all members present. The Pledge of Allegiance was recited by all. Mayor Conley asked for a moment of silence for the following Madison residents: Carmela Belfiore Robert “Bob” A. McAdams Catherine Pendolino Robert M. Grohol APPROVAL OF MINUTES - None GREETINGS TO PUBLIC Mayor Conley made the following comments: Mayor Conley reminded residents that the annual Christmas Parade and tree lighting will take place this year on Friday, November 26th. The annual menorah lighting will be held on Sunday, November 27th at 5:00 p.m. Both events will be live streaming on YouTube. REPORTS OF COMMITTEES Public Safety Ms. Byrne, Chair of the Committee, made the following comments: On Monday morning, November 15th at approximately 11:00 a.m., the Fire Department responded to assist the Morristown Fire Department at a 2 Alarm residential structure fire. On Sunday evening, November 21st at approximately 8:00pm Fire, Police and EMS responded to a single car accident on Greenwood Avenue, near Knollwood, for a reported overturned vehicle with entrapment. It took Firefighters around 30 minutes to stabilize and extricate the single occupant from the vehicle. The patient was then transported to the hospital by Madison EMS. On Friday, November 19th, Madison Police Department, Fire Department, and Ambulance Squad were dispatched to a Prospect Street residence for a report of an unconscious 62-year-old female. Madison Police Patrolman Matthew Mirabella, Madison Firefighters Brian Castano and Kyle Wickman, and Ambulance Squad member Jack Luts and Jim Wynn arrived to find the unconscious patient laying on the first floor of her residence. Madison Public Safety personnel met with family PAGE 2 OF 21 Regular Meeting Minutes – November 22, 2021 members who witnessed the cardiac arrest and telephoned 9-1-1. Immediately upon locating the patient, 1st responders began performing CPR and applied the automated external defibrillator (AED). Atlantic Health Paramedics arrived on scene to join in the lifesaving efforts. After performing lifesaving measures at the residence, the patient began to breathe on her own and was transported to Morristown Medical Center where she is recovering. Madison Police and PBA Local 92 is once again collecting donations for Toys for Tots for the holiday season. There are two drop off locations in the PBA Trailer in Kings Road Lot #3 (outside of HQ) and the front lobby of the Police Department. If you wish to donate, please bring a new, unwrapped item for donation. Madison Police Department is teaming up with Madison First Baptist Church and Zufall Health to host Covid booster shots on December 17th from 10:00 am-2:00pm on the second floor of the Madison Public Safety Building. Visit rosenet.org, for more information. Finance and Borough Clerk Ms. Baillie, Chair of the Committee, made the following comments: Ms. Baillie reminded eligible resident that November 30th is the deadline to file for the Homestead property tax rebate program. Ms. Baillie noted several actions on tonight’s agenda including a capital ordinance for purchase of electric substation materials and the cancellation of completed ordinances so funds will be available in the future. Ms. Baillie also noted that Borough Administrator Raymond Codey recently retired as the President of the New Jersey Municipal Managers Association, at a luncheon attended by staff and Borough officials at the annual NJLM conference in Atlantic City. Public Works and Engineering Mr. Hoover, Chair of the Committee, made the following comments: The Engineer reports that upper granite stair tread and upper plaza paver resets have been completed. Next week lower plaza stair resets begins. Mortar joints will continue through finish. Harrington Construction has completed emergency response removal at the Belleau Woods culverts. The Department of Public Works mechanics have been servicing all plows, heavy trucks and snow removal equipment in anticipation of winter weather. The used loader/conveyer equipment purchased through a Shared Services Agreement with Kearny will be a great help this winter. Triennial sewer cleaning throughout town has been completed for the year. DPW has been removing the barricades used by multiple restaurants for outside dining. That process will be completed prior to Thanksgiving. The new Recycling Center at the DPW Yard will be closed on the Friday after Thanksgiving, but open for business this Saturday from 8 a.m. to noon. The center is still accepting pumpkins as well to be recycled. The Department of Public Works has completed one leaf collection round of the entire town and that process will continue into December. Free leaf bags are available at the DPW garage and in the Borough Clerk’s Office. Community Affairs Ms. Coen, Chair of the Committee, made the following comments: Madison Arts Festival will begin this Friday and Saturday. Secret Santa Holiday Giveaway begins in Madison Saturdays between 12:00 pm and 3:00 p.m. and be eligible to win Madison Gift Checks. Three (3) winners will be selected each Saturday. Holiday Caroling takes place each Saturday as well. Rosie the Reindeer, scavenger hunt will be held again this year. Find Rosie at local businesses and enter to win prizes. The annual Taste of Madison event will take place on March 21, 2022, at the Brooklake Country Club. Gift checks are available and may great gifts. PAGE 3 OF 21 Regular Meeting Minutes – November 22, 2021 Utilities Ms. Ehrlich, Chair of the Committee, made the following comments: Between November 11th and November 13th, the stand-by crew was called out three times for various issues, including an emergency mark-out, water leaking into a resident’s house panel at the meter penetration, and a call for half-power. The week of November 15th, the Electric Department hung and lit the Holiday Wreaths on the Victorian Lampposts throughout the downtown district. The Department also cut down the town Xmas Tree at the Toto’s residence. With the assistance of a Coviello’s truck, the crews transported the tree to Waverly Place, where it was erected and lit. The Department also built portable lights for the annual Christmas Parade. The Water Department reports that a Fire Hydrant was struck and broken, in an unreported motor vehicle accident at the cul-de-sac on Delbarton Drive. On Thursday, 11/18, the Water Department replaced the damaged hydrant. The Rosedale Dog Park fountain will be shut down for the season due to the cold weather. The Dog Park will remain open, so please bring water for your pet’s visit if needed. The Water Department assisted a private contractor with a water shut down on Elm Street at the new Condominium location. A six inch water main and fire hydrant were installed on the site. The Water Department reminds us to please winterize automatic sprinkler systems and shut off your outside spigots from inside your house. Remove any hoses from frost-proof faucets so that water can drain away from the faucet and avoid freezing. Health Mr. Landrigan, Chair of the Committee, made the following comments: The Health Department will hold a rabies clinic on December 14th at the Borough garage on John Street There have been twenty one (21) cases of COVID19 reported since the beginning of November. The Health Department notes that vaccines are still available. COMMUNICATIONS AND PETITIONS The Borough Clerk announced receipt of the following communications: Email dated November 11, 2021, from Jane and Jim McMahon of Orchard Road in Chatham, thanking Council for their efforts to save the Drew Forest. Email dated November 12, 2021, from Steven Johnson of Alexander Avenue acknowledging Council’s efforts to preserve the Drew University forest. Email dated November 22, 2021, from Bridget Daley of Keep Street regarding hybrid Council meetings. INVITATION FOR DISCUSSION (1 of 2) Mayor Conley opened the meeting to the public for their opportunity to ask questions and make comments on those items listed on the Agenda only. Mayor asked that, upon recognition by the Meeting Moderator, each person give his/her name and address in an audible tone of voice, for the record. He/she shall limit his/her statement to three (3) minutes or less. Clair Whitcomb; Fairwood Road, noted that the Environmental Commission is in favor of an increase in water rates to help conserve this natural resource. Lisa Jordan, Loantaka Way, noting many private water suppliers rates are double that of the Madison Borough water rates. PAGE 4 OF 21 Regular Meeting Minutes – November 22, 2021 Since no other member of the public wished to be heard, the invitation for discussion was closed. AGENDA DISCUSSIONS 11/22/2021-1 CAPITAL ORDINANCE CANCELLATIONS Mr. Burnet noted the ministerial action necessary and appropriate each year to cancelling capital ordinance balances, when the projects are completed. Mr. Burnet applauded Department Heads for their good management. Resolution 301-2021 is listed on the Consent Agenda. 11/22/2021-2 MUNICIPAL WATER RATES Mr. Burnet presented information regarding the Borough’s water utility noting the primary goal is to deliver safe drinking water and to operate a reliable well maintained system. There are no issues with the system, but an increase in rates is necessary to maintain the current level of service. A 10% increase is recommended in 2022 and again in 2023, with an annual cost of living increase each year thereafter. There was no objection to listing an ordinance for introduction. Ordinance 46-2021 is listed for Introduction 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 November 8, 2021, were introduced by title and passed on first reading, were published in the Madison Eagle and made available to members of the general public requesting same. Mayor Conley called up Ordinances for second reading and asked the Clerk to read said ordinances 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 PAGE 5 OF 21 Regular Meeting Minutes – November 22, 2021 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 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. Mayor Conley opened up the public hearing on Ordinance 44-2021. Melissa Honohan; Pine Avenue, noted that the OSRHP committee voted in support of restoring the Trust tax rate and that an increase will benefit many projects. Since no other member of the public wished to be heard, the public hearing was closed. PAGE 6 OF 21 Regular Meeting Minutes – November 22, 2021 Ms. Baillie moved that Ordinance 44-2021, 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 45-2021 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 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. PAGE 7 OF 21 Regular Meeting Minutes – November 22, 2021 (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. (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 PAGE 8 OF 21 Regular Meeting Minutes – November 22, 2021 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. (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 PAGE 9 OF 21 Regular Meeting Minutes – November 22, 2021 (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 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. Mayor Conley opened up the public hearing on Ordinance 45-2021. Lisa Jordan; Loantaka Way, noted that the zoning changes may help with Affordable Housing and should include more public spaces. Since no other member of the public wished to be heard, the public hearing was closed. PAGE 10 OF 21 Regular Meeting Minutes – November 22, 2021 Ms. Baillie moved that Ordinance 45-2021, 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 45-2021 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 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. Mary Jane Lundt; Highview Terrace, thanked Council for supporting the Friends of the Drew Forest and for understanding the importance of the Drew Forest. Claire Whitcomb; Fairwood Road, noted the Holiday parade floats. 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 December 13, 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 46-2021 ORDINANCE OF THE BOROUGH OF MADISON AMENDING CHAPTER 190 OF THE MADISON BOROUGH CODE ENTITLED “WATER” TO AUTHORIZE THE REVISION OF THE BOROUGH OF MADISON’S WATER RATES AND SERVICE FEES WHEREAS, the Chief Financial Officer of the Borough of Madison has recommended that the water utility rates be increased by 10% in 2022 to ensure that the water utility can continue to maintain reliable service and deliver safe drinking water; and WHEREAS, the Chief Financial Officer has recommended that Section 190- 32 A of the Borough Code regarding Water Rates for Metered Service be amended to read as follows: PAGE 11 OF 21 Regular Meeting Minutes – November 22, 2021 190-32 A (1) All water furnished in any quarter annual period shall be priced at the following rates subject to the minimum quarterly charge required in Section B below; and Rates per Cubic Foot 0 to 1,000 cubic feet $0.0334 1,001 to 3,000 cubic $0.0351 feet 3,001 and higher $0.0384 WHEREAS, Borough Chief Financial Officer has further recommended that Section 190-32 B of the Borough Code be amended to read as follows: § 190-32 B The following minimum quarterly charges will be levied upon every resident and/or property owner to whom water is furnished through metered services for any and all amounts of water consumed, up to and including the maximum amounts set forth below: Meter Size For Any Amount of Minimum Charge (inches) Water Furnished Not in (per quarter) Excess of (Cubic Feet) 5/8 670 $22.32 ¾ 670 $22.32 1 1682 $57.28 1½ 3,401 $118.92 2 5,412 $196.13 3 6,171 225.26 4 9,888 $367.96 6 and greater 18,632 $703.58 WHEREAS, the Chief Financial Officer of the Borough of Madison has further recommended that the water utility rates in Section A & B be increased in 2023 by 10% and in 2024 and beyond via a cost of living adjustment to further ensure that the water utility can continue to maintain reliable service and deliver safe drinking water; and PAGE 12 OF 21 Regular Meeting Minutes – November 22, 2021 WHEREAS, the Borough Council, after due consideration has determined to proceed with said recommendations. NOW, THEREFORE, BE IT ORDAINED by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, as follows: SECTION 1: Chapter 190-32 A and B of the Borough Code entitled “Water Rates for Metered Service” is hereby amended to revise the water utility rates as set forth herein. SECTION 2: All other rates and terms remain the same, except those changed herein. SECTION 3; This Ordinance shall take effect on April 1, 2022. SECTION 4: A new Section D of Chapter 190-32 shall be created as follows: D. The Chief Financial Officer shall increase all rates in Chapter 190- 32 Section A and B by 10% effective on January 1, 2023. Beginning on January 1, 2024, and annually thereafter, the Chief Financial Officer shall adjust all rates in Chapter 190-32 Section A and B not to exceed the Cost of Living Adjustment. The Cost of Living Adjustment shall be based on the Implicit Price Deflator for State and Local Governments for New Jersey as published by the U.S. Department of Commerce, Bureau of Economic Analysis. Ms. Ehrlich moved that Ordinance 46-2021, which the Borough Clerk read by title, be adopted. Ms. Baillie seconded the motion. There was no Council discussion, and the motion passed with the following roll call vote recorded: Yeas: Ms. Baillie, Ms. Byrne, Mr. Hoover, Ms. Coen, Ms. Ehrlich, Mr. Landrigan Nays: None ORDINANCE 47-2021 ORDINANCE OF THE BOROUGH OF MADISON AMENDING CHAPTER 94 OF THE MADISON BOROUGH CODE ENTITLED “ELECTRIC UTILITY” TO ESTABLISH AN ELECTRIC CONNECTION FEE SCHEDULE WHEREAS, with the adoption of Senate Bill S1239, the Assistant Borough Administrator/CFO and Borough Auditor have recommended that the Borough PAGE 13 OF 21 Regular Meeting Minutes – November 22, 2021 amend Chapter 94 of the Madison Borough Code entitled “Electric Utility” to include an electric utility connection fee schedule; and WHEREAS, Nisivoccia and Company, LLP, Certified Public Accountants and consultant to the Borough, has performed a study of the capital costs and interest on debt service together with the number of equivalent users, and based on such study has recommended an electric utility connection fee in the amount of $2,860.00 for new customers. NOW, THEREFORE, BE IT ORDAINED by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, as follows: SECTION 1: Chapter 94-8 of the Madison Borough Code, be established entitled “Connection fee is hereby created as follows: § Chapter 94-8 A. There shall be an electric utility connection fee established in accordance with Chapter 62 of Title 40 of the Revised Statutes of the Station of New Jersey. This connection fee is in addition to the fees for department services set forth in Chapter 94 of the Borough Code. The electric connection fee is effective immediately and shall be: (1) For single family dwelling units, $2,860, and for multiple dwelling units, $2,860 per unit. (2) In the case of any building or portion thereof to be used for industrial, commercial, educational or other than dwelling purposes, the Borough Engineer shall determine by accepted standards the number of units to be connected or added to an existing connection; where a unit equals an average annual consumption of 9,000 kWh. B. This fee shall, pursuant to statute, be recalculated at the end of each budget year and may be reset by ordinance of the Borough Council after public hearing, on a yearly basis. The electric utility connection fee shall be payable in full to the Borough of Madison at the time a building electric connection permit is issued for connection to the municipal electric distribution system by the Borough of Madison. SECTION 2: This Ordinance shall take effect according to law. PAGE 14 OF 21 Regular Meeting Minutes – November 22, 2021 Ms. Ehrlich moved that Ordinance 47-2021, which the Borough Clerk read by title, be adopted. Ms. Baillie seconded the motion. There was no Council discussion, and the motion passed with the following roll call vote recorded: Yeas: Ms. Baillie, Ms. Byrne, Mr. Hoover, Ms. Coen, Ms. Ehrlich, Mr. Landrigan Nays: None ORDINANCE 48-2021 ORDINANCE OF THE BOROUGH OF MADISON APPROPRIATING $100,000.00 FROM THE ELECTRIC CAPITAL IMPROVEMENT FUND FOR SUBSTATION FEEDER PROTECTION RELAYS, GAUGES AND RELATED MATERIALS WHEREAS, the Electric Utility Superintendent has recommended that the Borough appropriate $100,000.00 from the Electric Capital Improvement Fund for Substation Feeder Protection Relays, Gauges and related materials; and WHEREAS, the Chief Financial Officer has attested to the availability of the funds in the Electric Capital Improvement Fund in an amount not to exceed $100,000.00 for this purpose; and WHEREAS, the Borough Council has determined that the Borough should appropriate $100,000.00 from the Electric Capital Improvement Fund for Substation Feeder Protection Relays, Gauges and related materials. 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 $100,000.00 is hereby appropriated from the Electric Capital Improvement Fund for Substation Feeder Protection Relays, Gauges and related materials. 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. Ehrlich moved that Ordinance 48-2021, which the Borough Clerk read by title, be adopted. Ms. Baillie seconded the motion. There was no Council discussion, and the motion passed with the following roll call vote recorded: Yeas: Ms. Baillie, Ms. Byrne, Mr. Hoover, Ms. Coen, Ms. Ehrlich, Mr. Landrigan Nays: None 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 PAGE 15 OF 21 Regular Meeting Minutes – November 22, 2021 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 297-2021 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING AN AGREEMENT WITH TATE GROSSMAN/CALLAGY LAW AS SPECIAL COUNSEL TO “OPT IN” TO OPIOID SETTLEMENT WHEREAS, the Borough of Madison (“Borough”) was a potential class participant in the lawsuit (the “Class Action”) entitled National Prescription Opiate Litigation bearing Case No. 1:17-md-2804 (N.D. Ohio); and WHEREAS, the Class Action was filed by a large number of municipalities and counties across the country against numerous pharmaceutical companies related to improperly promoting the use of opioids to the public, and for the costs governments incurred in responding to the “opioid crisis” created thereby; and WHEREAS, the Borough was approached by the law firm of TATE Grossman/Callagy Law (“Tate Grossman”), who represents numerous other municipalities in various states in the above-captioned Class Action, with the offer to represent the Borough in the Class Action; and WHEREAS, Tate Grossman indicated the proposed Class Action settlement for the Borough is estimated to by $441,000.00 payable in installments; and WHEREAS, the Borough hereby authorizes Tate Grossman to represent it as its special counsel, with regard to filing an individual lawsuit against pharmaceutical companies and “opting in” (defined below) of the Class Action being litigated in the Northern District of Ohio; and WHEREAS, on September 27, 2021 the State of New Jersey Office of Attorney General (the “NJAG”) issued formal notice concerning two proposed national settlements reached between all states and local political subdivisions and the three largest pharmaceutical distributors of opioid products, McKesson, Cardinal Health and AmerisourceBergen (collectively, :Distributors”) and one manufacturer, Janssen Pharmaceuticals, Inc., and its parent company Johnson & Johnson (collectively, “Janssen”); and WHEREAS, the proposed Settlements provide: PAGE 16 OF 21 Regular Meeting Minutes – November 22, 2021 “the Distributors to pay up to $21 billion over 18 years and Janssen to pay up to $5 billion over no more than 9 years, for a total of $26 billion (the “Settlement Amount”). Of the Settlement Amount, approximately $22.7 billion is earmarked for use by participating states and subdivisions to remediate and abate the impacts of the opioid crisis. The Settlements also contain injunctive relief provisions governing the opioid marketing, sale and distribution practices at the heart of the states’ and subdivisions’ lawsuits and further require the Distributors to implement additional safeguards to prevent diversion of prescription opioids;” and WHEREAS, the manner in which settlements funds are to be allocated to the municipal participants,, including the Borough, has not yet been determined; and WHEREAS, Tate Grossman indicated that each municipality’s share in the settlement funds would ultimately depend on population and the effects of the opioid epidemic on each community; and WHEREAS, the Borough must decide whether to “opt in” to this settlement, meaning be a part of this settlement (and agree to any allocation later decided), or “opt Out”, meaning not be a part of this settlement; and WHEREAS, after careful evaluation, it was decided that it is in the best interest of the Borough to engage Tate Grossman, as the Borough’s special counsel, to “opt in” to the aforementioned settlements against the Distributors and Janssen on behalf of the Borough because the “opt in” option is more likely to benefit the public interest of the Borough and its taxpayers. NOW THEREFORE BE IT RESOLVED by the Governing Body of the Borough of Madison that Tate Grossman is permitted to “opt in” to the aforementioned settlements against the Distributors and Janssen on behalf of the Borough R 298-2021 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING A COLLECTIVE BARGAINING AGREEMENT WITH THE BOROUGH OF MADISON FEDERATION OF WHITE COLLAR WORKERS AND SUPERVISORS WHEREAS, the Borough of Madison (“Borough”) commenced collective negotiations with the Borough of Madison Federation of White Collar Workers and Supervisors (“Federation”); and WHEREAS, the Borough was able to successfully negotiate a new collective bargaining agreement with the Federation for the period January 1, 2022 to December 31, 2025; and WHEREAS, the Mayor and Council have considered the specific terms and conditions contained in the collective bargaining agreement for the above noted bargaining unit. PAGE 17 OF 21 Regular Meeting Minutes – November 22, 2021 NOW THEREFORE BE IT RESOLVED as follows: 1. The Mayor and Council approve the attached Collective Bargaining Agreement for the above-bargaining unit and the terms and conditions specifically set forth in the agreement; and 2. The Mayor and Council hereby authorize the Borough Administrator, Mayor and Borough Clerk to execute the collective bargaining agreement; and 4. The Mayor and Council authorize the Borough Administrator and CFO to effectuate the collective bargaining agreement. R 299-2021 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING SETTLEMENT OF THE 2015, 2016, 2017, 2018, 2019, 2020 AND 2021 TAX APPEALS ENTITLED ROSE CITY ASSOCIATES v. BOROUGH OF MADISON, OF THE TAX ASSESSMENT OF Block 2601, Lot 10.01, KNOWN AS 133 MAIN STREET, IN THE BOROUGH OF MADISON, MORRIS COUNTY, NEW JERSEY WHEREAS, appeals of the real property tax assessment for tax years 2015, 2016, 2017, 2018, 2019, 2020 and 2021 on Block 2601, Lot 10.01, C-001, have been previously filed by the Taxpayer, Rose City Assoc.; and WHEREAS, the proposed Stipulation of Settlement, a copy of which is incorporated as if set forth at length herein, has been reviewed and recommended by the Borough Tax Assessor and Borough Tax Attorney; and WHEREAS, settlement of said matter as more fully set forth below is in the best interest of the Borough of Madison. 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. Settlement of the 2015, 2016, 2017, 2018, 2019, 2020 and 2021 have been withdrawn and dismissed with prejudice and the assessment effective January 1, 2022, with no appeals, is as follows: 133 Main Street Block 2601, Lot 10.01, C-001 Year 2022 New Assessment Total: $12,000,000.00 2. This settlement excludes any additional improvements to the real property undertaken after the date hereof. 3. All Borough officials are hereby authorized to take whatever action may be necessary to implement the terms of this Resolution and authorizes the Borough Tax Appeal Attorney to enter into the Stipulation of Settlement as provided by Taxpayer. PAGE 18 OF 21 Regular Meeting Minutes – November 22, 2021 R 300-2021 RESOLUTION OF THE BOROUGH OF MADISON APPOINTING JOHN PIETROWSKI TO THE POSITION OF MADISON ARTS AND EVENTS DIRECTOR WHEREAS, the Personnel Director recommends the appointment of John Pietrowski to the position of Madison Arts and Events Director; 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, pending completion of a background check, John Pietrowski is hereby appointed to the position of Madison Arts and Events Director, at an annual salary of $55,000.00. R 301-2021 RESOLUTION OF THE BOROUGH OF MADISON CANCELING COMPLETED CAPITAL IMPROVEMENT ORDINANCES WHEREAS, the Chief Financial Officer has reviewed a list of open capital projects and has determined that certain capital projects have been completed and the improvement authorization accounts should be closed; and WHEREAS, the Chief Financial Officer has recommended that the Council adopt a Resolution canceling the open dollar balances in such completed projects; and WHEREAS, the Borough Council has determined to make such cancellation. 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 list of open capital ordinances annexed hereto are hereby cancelled. R 302-2021 RESOLUTION OF THE BOROUGH OF MADISON AWARDING CONTRACT TO JEN ELECTRIC, INC. FOR TRAFFIC SIGNAL IMPROVEMENTS UNDER MORRIS COUNTY COOPERATIVE BID IN AN AMOUNT NOT TO EXCEED $15,000.00 WHEREAS, the Borough of Madison desires to award a contract for Traffic Signal Improvements to an authorized vendor under the Morris County Co- Operative Pricing Council program; and WHEREAS, the purchase of goods and services by local contracting units is authorized by the Local Public Contracts Law, N.J.S.A. 40A:11-10, et seq.; and WHEREAS, JEN Electric, Inc., of Springfield, New Jersey has been awarded Morris County Co-Operative Pricing Council Contract #37 ‘Traffic Signal Maintenance & Repairs’; and PAGE 19 OF 21 Regular Meeting Minutes – November 22, 2021 WHEREAS, the Borough Engineer has recommended that the Borough Council utilize this contract for various traffic signal improvements in an amount not to exceed $15,000.00; and WHEREAS, the Chief Financial Officer has attested that funds are available in an amount not to exceed $15,000.00 for this purpose in Ordinance 4-2019. NOW, THEREFORE, BE IT RESOLVED by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, as follows: 1. A contract for traffic signal improvements with by JEN Electric, Inc. of Springfield, New Jersey, at a total price not to exceed $15,000.00 is hereby approved under the Morris County Co-Operative Pricing Council Contract #37. 2. The Borough Administrator is hereby authorized and directed on behalf of the Borough to execute a purchase order and contract to JEN Electric, Inc., for traffic signal improvements at a total price not to exceed $15,000.00, in a form acceptable to the Borough Attorney. R 303-2021 RESOLUTION OF THE BOROUGH OF MADISON APPROVING TEMPORARY SIGNS FOR THE MADISON EAGLE CHRISTMAS FUND WHEREAS, the Madison Eagle Christmas Fund has requested permission to put up temporary signs advertising the annual Madison Eagle Christmas Fund campaign; and WHEREAS, the signs would be located at various intersections and public property, commencing on November 23, 2021 and removed by December 30, 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 request of the Madison Eagle Christmas Fund to put up temporary signs as described herein from November 23, 2021 to December 30, 2021, is approved. R 304- 2021 RESOLUTION OF THE BOROUGH OF MADISON APPOINTING KELLY PERALTA TO THE POSITION OF SUBSTITUTE CROSSING GUARD WHEREAS, the Personnel Director has recommended appointing Kelly Peralta to the position of Substitute Crossing Guard; and WHEREAS, the Chief Financial Officer has attested that funds are available for this purpose in the 2021 Police Department Budget # 240, Operating Account for Part-time Help # 130. NOW, THEREFORE, BE IT RESOLVED, by the Council of the Borough of Madison, County of Morris, State of New Jersey that upon satisfactory completion of a background check Kelly Peralta is appointed to the position of PAGE 20 OF 21 Regular Meeting Minutes – November 22, 2021 Substitute Crossing Guard for the Borough of Madison for the school year commencing upon the effective date of this resolution and ending June 14, 2022, unless the school year is extended due to winter weather closings BE IT FURTHER RESOLVED, that Kelly Peralta be compensated in accordance with the Borough Resolution establishing the salaries for part-time school crossing guards. UNFINISHED BUSINESS - None APPROVAL OF VOUCHERS On motion by Ms. Baillie, seconded by Ms. Byrne and carried, the following vouchers of the Borough of Madison were approved for payment, and the supporting documentation of said vouchers was made part of the Supplemental Minute Book. Current Fund $6,336,616.74 General Capital Fund 23,581.36 Electric Operating Fund 197,982.28 Electric Capital Fund 0.00 Water Operating Fund 19,952.94 Water Capital Fund 2,912.00 Trusts 19,225.36 Total $6,600,270.68 The following roll call vote was recorded approving the aforementioned vouchers: Yeas: Ms. Baillie, Ms. Byrne, Mr. Hoover, Ms. Coen, Ms. Ehrlich, Mr. Landrigan Nays: None NEW BUSINESS - None ADJOURN There being no further business to come before the Council, the meeting was adjourned at 9:25 p.m. Respectfully submitted, Elizabeth Osborne Borough Clerk Approved December 13, 2021 (EO) PAGE 21 OF 21