Mayor & Council

MINUTES OF A REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF MADISON December 13, 2021 - 7 p.m. CALL TO ORDER The Regular Meeting of the Mayor and Council of the Borough of Madison was held on the 13th day of December, 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 Marina Stinely, Esq. for Matthew J. Giacobbe, Esq. Borough Attorney AGENDA REVIEW There was approval of the Regular and Executive Agenda. READING OF CLOSED SESSION RESOLUTION Ms. Byrne moved: RESOLVED, that the meeting be adjourned to an Executive Session to consider the following matters: MINUTES FOR APPROVAL (1) October 25, 2021 November 8, 2021 November 22, 2021 Date of public disclosure 60 days after conclusion, if disclosure required. CONTRACT MATTERS (6) CHATHAM BOROUGH SHARED SERVICE Regular Meeting Minutes – December 13, 2021 PREVENTIVE MAINTENANCE/REPAIR OF SEWER PUMP STATION EQUIPMENT HVAC SERVICES BID MARIJUANA LICENSING JOINT MUNICIPAL COURT HDM EAST WING ARCHITECT Date of public disclosure 60 days after conclusion, if disclosure required. PERSONNEL MATTERS (2) COLLECTIVE BARGAINING PROCESS PART-TIME TECH/ARTS ASSISTANT 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: Theresa Leitner Glander Filomena Prudente Doris Valenta Jane Wenneis APPROVAL OF MINUTES Ms. Baillie moved approval of the Executive Minutes of October 25, 2021. Ms. Byrne seconded the motion, which passed with a unanimous voice call vote recorded. Ms. Baillie moved approval of the Regular Meeting Minutes of October 25, 2021. Ms. Byrne seconded the motion, which passed with a unanimous voice call vote recorded. Ms. Baillie moved approval of the Executive Minutes of November 8, 2021. Ms. Byrne seconded the motion, which passed with a unanimous voice call vote recorded. Ms. Baillie moved approval of the Regular Meeting Minutes of November 8, 2021. Ms. Byrne seconded the motion, which passed with a unanimous voice call vote recorded. Ms. Baillie moved approval of the Executive Minutes of November 22, 2021. Ms. Byrne seconded the motion, which passed with a unanimous voice call vote recorded. PAGE 2 OF 20 Regular Meeting Minutes – December 13, 2021 Ms. Baillie moved approval of the Regular Meeting Minutes of November 22, 2021. Ms. Byrne seconded the motion, which passed with a unanimous voice call vote recorded. GREETINGS TO PUBLIC Mayor Conley made the following comments: EMPLOYEE OF THE MONTH FOR DECEMBER: Sandy Emmerich, Personnel Director has been selected as the Employee of the Month for December. Sandy was efficient, compassionate and professional while handling the many Covid-19 related personnel issues that arose in the Borough. She has been able to quickly adapt to the challenges that continue to occur from the pandemic. REPORTS OF COMMITTEES Public Safety Ms. Byrne, Chair of the Committee, made the following comments: During the Month of November the Fire Department responded to twenty-one General Alarms, fifteen Still Alarms, eighteen Investigations, twenty-one EMS calls, for a total of 83 responses. Two Department drills were also held in November. Forty Fire Prevention inspections and 21 Smoke/Co re-sales inspections were conducted On Tuesday evening, December 7th, at approximately 8:00 pm, Engine 2 with 5 Firefighters, responded to Chatham Borough for a commercial structure fire at 10 Bonnell Street, off of River Road. There were no injuries and units were on scene for approximately 4 hours. Two of newest Volunteer Firefighters, Randy Vargas and Patrick Colligan have successfully completed their 198 hours of Firefighter 1 training and passed the NJ Division of Fire Safety’s required state exam. Four Volunteer Firefighters, Dean Pappas, Mike Kitsopoulos, Jack Downs and Luke McCorry have all successfully completed their 96 hours of Firefighter 2 training and passed the NJ Division of Fire Safety’s required state exam. Congratulations to all six of our dedicated Volunteers and thank you for your commitment to Madison. Madison Police Department is seeking School Crossing Guards. Interested candidates should visit rosenet.org for more information or to apply for the position. The Madison Police Department would like to remind all residents who are traveling and will be away for this holiday season that they can register their home on the Vacation list found on the borough website. This month all sworn officers and auxiliary officers completed our yearly Use of Force/De- escalation training consistent with NJ Attorney General’s Directive: 2020-13. This online training consisted of eight separate modules, which put an emphasis on de- escalation tactics and methods. We enjoyed taking part in the yearly tradition that is the Madison Christmas Parade on November 26th. The safety and security of everyone present was the priority. Some of the security parameters were visible and some were not apparent. The Madison Police Department would like to thank the Morris County Sheriff’s Office for providing additional security at the annual Madison Menorah lighting at the Madison Train Station. Finance and Borough Clerk Ms. Baillie, Chair of the Committee, made the following comments: Morris County's mobile social services center-on-wheels, Navigating Hope, is offering services to residents across Morris County, with a scheduled stop at the Madison Public Library January 11, 2022, from 10:00 until 2:00 p.m. Madison’s Tax Collector, Chrissy Mahler, reports collection of 98%+ in property taxes, in line with previous years tax collections. The 2022 municipal budget process is underway PAGE 3 OF 20 Regular Meeting Minutes – December 13, 2021 including a presentation this evening on both the proposed Capital budget and the Open Space, Recreation and Historic Preservation fund balance. The budget schedule includes discussion each Council meeting, with the introduction planned for March 28th and a budget hearing and adoption scheduled for the April 25th Council Meeting. Ms. Baillie noted that this is her last Council meeting, as she did not seek reelection in the fall, and is proud of the Council process, including lots information for residents and time for comments. Ms. Baillie wish all good luck. Public Works and Engineering Mr. Hoover, Chair of the Committee, made the following comments: The Engineer reports that the lower plaza stair resets and plaza paver resets at the Hartley Dodge Memorial Plaza have progressed. Two lower knee wall sections are set. East stair railings placed. West stair railings cored. Topsoil and seed placed over disturbed east lawn. Over the next two weeks the reset of the main entrance railings will take place with completion of lower plaza and knee walls. The Department of Public Works reports that Yard Waste pickup has ended for the year but DPW will continue to pick up leaves for the next week. The Department also assisted Chatham Borough with leaf removal by lending them one of Madison’s leaf machines after one of theirs failed. DPW completed removal of all restaurant barriers throughout town and assisted with other preparations and security for the annual Christmas Parade which took place on November 26th. The Sewer Division removed and replaced 4 broken manhole frames (2 on Dogwood Drive and 2 on Oak Court). DPW assisted with the preparation of the Free Rabies Clinic which took place in the Public Works Garage on December 4th. Both salt domes have been topped off in anticipation of winter weather. DPW will begin picking up Christmas trees on regular garbage days beginning December 27th and ending January 31, 2022. Residents can also bring their trees to the Recycling Center on John Avenue on Saturdays from 8:00 am to 2:30 pm beginning January 8, 2022 through February 8, 2022. Community Affairs Ms. Coen, Chair of the Committee, made the following comments: Saturday, December 18th will be the final Secret Santa give away. Residents can purchase gift check at Provident Bank. Emails have been sent to residents for Parking permit renewals for 2022. The annual Taste of Madison event will be held on March 20, 2022. Utilities Ms. Ehrlich, Chair of the Committee, made the following comments: The LED Retrofit Kits for the Victorian Lampposts downtown have been shipped. The Department plans to install the kits in the spring. American Electrical Testing Company completed the first year of a three year Preventative Maintenance, Repair, Testing, and Inspection program for the James Park and Kings Road Substations. Twelve more Feeder Protection Relays kits have been ordered for the Kings Road Substation. We are hoping the relays will arrive in a timely manner, so they can be installed this winter. The Department continues to be very busy performing daily work orders, mark-outs, and substation inspections. The Water Department reports several curb stop valves had to be excavated and repaired for work to be performed on the homeowner’s service valves. On Thursday, December 9th, the Water Department Standby crew responded to an emergency water leak at 114 Shunpike Road. The homeowner’s curb stop had been struck by an unreported motor vehicle. Radio readable water meters are still being installed regularly. Anyone interested in having their meter changed to the automated reading system, should call the Water Department to schedule an appointment. PAGE 4 OF 20 Regular Meeting Minutes – December 13, 2021 Health Mr. Landrigan, Chair of the Committee, made the following comments: Mr. Landrigan reminded residents to file for annual Pet Licenses. The Health Department reports forty-two cases of Corona virus since the first of December. All residents, age 5 years or older, are eligible for a vaccine which can be found easily at a pharmacy, from your health care provider or vaccine clinics. More information on vaccinations is available on the Borough’s website. COMMUNICATIONS AND PETITIONS The Borough Clerk announced receipt of the following communications: Email dated December 13, 2021, from Pat Rowe, Pine Avenue asking Council to table any action on Ordinance 46-2021, regarding an increase in water rates. 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. Since no member of the public wished to be heard, the invitation for discussion was closed. AGENDA DISCUSSIONS 12/13/2021-1 MEMORIAL TREE GROVE – FRIENDS OF THE MADISON SHADE TREE Mr. Hoover introduced resident Chris Schorr, President of the Friends of Madison Shade Trees, who provided information regarding a proposed Memorial Tree Grove at Memorial Park in honor of former Madison resident Judy Mullins, owner of the restaurant Poor Herbies and ardent volunteer for Madison. The initial planting would be the center trees, to make watering and mulching easier and each year plantings would be added. Following discussion there was agreement to dedicate the area in memory of Madison volunteers by adding additional plaques. Mayor Conley asked for a motion. Mr. Hoover moved to endorse the project as presented. Ms. Coen seconded the motion. There was no further Council discussion, and the motion passed with the following roll call vote recorded: Yeas: Ms. Baillie, Ms. Byrne, Mr. Hoover, Ms. Coen, Ms. Ehrlich, Mr. Landrigan Nays: None 12/13/2021-2 OPEN SPACE, RECREATION AND HISTORIC PRESERVATION UPDATE Mr. Burnet provide an overview of the municipal budget process, noting the budget cycle and a proposed hearing schedule for 2022. Mr. Burnet also reviewed the 2021 Open Space, Recreation and Historic Preservation activity and possible upcoming projects, noting the available balance as of December 31, 2021 of $328,454.00. 12/13/2021-3 FIVE YEAR CAPITAL PLAN Mr. Burnet discussed a proposed five year capital plan, highlighting project for 2022. Mr. Burnet noted that each project will require a capital ordinance to appropriate PAGE 5 OF 20 Regular Meeting Minutes – December 13, 2021 funds that will come before the Council for approval. Projects include road reconstruction, milling and overlay, sanitary sewer improvements, and various other projects. Revenues and lingering financial effects of the pandemic are forcing a reduction in the General Capital program 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 22, 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 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: 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: PAGE 6 OF 20 Regular Meeting Minutes – December 13, 2021 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 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 PAGE 7 OF 20 Regular Meeting Minutes – December 13, 2021 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. Mayor Conley opened up the public hearing on Ordinance 46-2021. Tom Haralampoudis; Pomeroy Road, raised concern regarding an increase in water rates at this time. Claire Whitcomb; Fairwood Road, encourage Council to adopted Ordinance 46- 2021, to increase rates, as a method of conservation for this limited resource. Since no other member of the public wished to be heard, the public hearing was closed. Ms. Ehrlich moved that Ordinance 46-2021, which was read by title, be finally 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 Mayor Conley declared Ordinance 46-2021 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 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 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: PAGE 8 OF 20 Regular Meeting Minutes – December 13, 2021 § 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. Mayor Conley opened up the public hearing on Ordinance 47-2021. Since no member of the public wished to be heard, the public hearing was closed. Ms. Ehrlich moved that Ordinance 47-2021, which was read by title, be finally 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 Mayor Conley declared Ordinance 47-2021 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 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 PAGE 9 OF 20 Regular Meeting Minutes – December 13, 2021 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. Mayor Conley opened up the public hearing on Ordinance 48-2021. Since no member of the public wished to be heard, the public hearing was closed. Ms. Ehrlich moved that Ordinance 48-2021, which was read by title, be finally 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 Mayor Conley declared Ordinance 48-2021 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. Claire Whitcomb; Fairwood Road, provided a handout on “tiny forests” to Council, thanked Ms. Baillie for her service and noted she was pleased to see the approval of the grove at Memorial Park. Judy Kroll, Lidia Chambers and Marijane Lundt, Friends of the Drew Forest, sang their rendition of the Twelve Days of Christmas for the Drew Forest. PAGE 10 OF 20 Regular Meeting Minutes – December 13, 2021 INTRODUCTION OF ORDINANCES - None CONSENT AGENDA RESOLUTIONS The Clerk made the following statement: Consent Agenda Resolutions will be enacted with a single motion; any Resolution requiring expenditure is supported by a Certification of Availability of Funds; any Resolution requiring discussion will be removed from the Consent Agenda; all Resolutions will be reflected in full in the minutes. Ms. Byrne moved adoption of the Resolutions listed on the Consent Agenda. Ms. Baillie seconded the motion. There was no Council discussion and the motion passed with the following roll call vote recorded: Yeas: Ms. Baillie, Ms. Byrne, Mr. Hoover, Ms. Coen, Ms. Ehrlich, Mr. Landrigan Nays: None R 305-2021 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING AN INTERLOCAL SERVICES AGREEMENT WITH THE BOROUGH OF CHATHAM TO PROVIDE CONSTRUCTION CODE, PLUMBING SUB-CODE, FIRE SUB-CODE AND ELECTRICAL SUB-CODE SERVICES WHEREAS, the Borough Administrator has recommended that an Interlocal Services Agreement be renewed with the Borough of Chatham to provide enhanced construction code, plumbing sub-code, fire sub-code and electrical sub-code services; and WHEREAS, the Borough of Madison would be the provider of said services and the Borough of Chatham would be the recipient of said services; and WHEREAS, the Interlocal Services Agreement shall be for a period of four (4) consecutive years, beginning on or about January 1, 2022 and terminating on December 31, 2025, with a provision that either party may terminate its participation in the Agreement by giving the other party 180 days written notice in advance; 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 is authorized to execute and the Borough Clerk is authorized to attest to a revised Interlocal Services Agreement with the Borough of Chatham as described herein in a form approved by the Borough Attorney. R 306-2021 RESOLUTION OF THE BOROUGH OF MADISON AWARDING CONTRACT TO RAPID PUMP & METER SERVICE CO., INC. FOR THE PREVENTIVE MAINTENANCE/REPAIR OF SEWER PUMP STATION EQUIPMENT PAGE 11 OF 20 Regular Meeting Minutes – December 13, 2021 WHEREAS, the Borough of Madison publicly advertised for bids for the Preventive Maintenance/Repair of Sewer Pump Station Equipment (the “Contract”) in accordance with the Local Public Contracts Law, N.J.S.A. 40A:11-1, et seq.; and WHEREAS, the apparent low bid submitted by O & M Solutions, LLC of Freehold, New Jersey was rejected due to a fatal defect concerning their Public Works Contractor Registration (PWCR) as determined by the Borough Attorney; and WHEREAS, the Qualified Purchasing Agent has recommended that the Borough Council award the contract to the next lowest qualified bidder Rapid Pump & Meter Service Co., Inc. of Paterson, New Jersey, in the base bid amount of $5,760.00, plus overtime and weekends; and WHEREAS, the Chief Financial Officer has attested that funds will be available for this purpose in the Sewer Maintenance Account # 01-31-457-200. NOW, THEREFORE, BE IT RESOLVED by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, as follows: 1. The contract for the Preventive Maintenance/Repair of Sewer Pump Station Equipment is hereby awarded to Rapid Pump & Meter Service Co., Inc. of Paterson, New Jersey based upon its base bid in the amount of $5,760.00. 2. The Mayor and Borough Clerk are hereby authorized and directed on behalf of the Borough to enter into the contract with Rapid Pump & Meter Service Co., Inc. in a form acceptable to the Borough Attorney. R 307-2021 RESOLUTION OF THE BOROUGH OF MADISON AWARDING THE PREVENTATIVE MAINTENANCE/REPAIR OF HVAC EQUIPMENT BID TO AIR SYSTEMS INC., OF KENILWORTH, NJ WHEREAS, the Borough of Madison publicly advertised for the Preventative Maintenance/Repair of HVAC Equipment (the “Contract”) in accordance with the Local Public Contracts Law, N.J.S.A. 40A:11-1, et seq.; and WHEREAS, the Borough received two (2) bids; and WHEREAS, the apparent low bidder, A. Costa Mechanical, of Madison, NJ, withdrew their bid due to unexpected staffing issues; and WHEREAS, the lowest qualified bid was submitted by Air Systems Inc., Kenilworth, NJ, in the amount of a regular time hourly rate of $115.00 for preventative maintenance for Borough buildings and $172.00/hour for overtime and $230.00/hour for holidays and weekends; and WHEREAS, the Qualified Purchasing Agent and Borough Attorney have recommended that the Borough Council award the contract to Air Systems Inc., PAGE 12 OF 20 Regular Meeting Minutes – December 13, 2021 Kenilworth, NJ, in the amount of a regular time hourly rate of $115.00 for preventative maintenance for Borough buildings and $172.00/hour for overtime and $230.00/hour for holidays and weekends; and WHEREAS, the Chief Financial Officer has attested that funds will be available for this purpose in the Public Works operating budget. NOW, THEREFORE, BE IT RESOLVED by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, as follows: 1. The contract for the Preventative Maintenance/Repair of HVAC Equipment is hereby awarded to Air Systems Inc., Kenilworth, NJ, based upon its bid in the amount of a regular time hourly rate of $115.00 for preventative maintenance for Borough buildings and $172.00/hour for overtime and $230.00/hour for holidays and weekends. 2. The Mayor and Borough Clerk are hereby authorized and directed on behalf of the Borough to enter into the contract with Air Systems, Inc., in a form acceptable to the Borough Attorney. R 308-2021 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING SUBMISSION OF A GRANT APPLICATION TO THE COUNTY OF MORRIS FOR COMMUNITY DEVELOPMENT BLOCK GRANT FOR FIRE AND SAFETY IMPROVEMENTS TO 12 THREE-BEDROOM UNITS AT 30 LOANTAKA WAY IN THE AMOUNT OF $100,000.00 WHEREAS, the Madison Housing Authority has prepared a Community Development Block Grant application to the County of Morris in the amount of $100,000.00 for fire and safety improvements to 12 three-bedroom units at 30 Loantaka Way in the Borough; and WHEREAS, the Borough Administrator has recommended that said grant be submitted and if approved, a grant agreement be executed. 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 Housing Authority is authorized to submit the grant application with the County of Morris for a Community Development Block Grant in the amount of $100,000.00 for fire and safety improvements to 12 three-bedroom units at 30 Loantaka Way, in a form approved by the Borough Attorney. R 309-2021 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING SUBMISSION OF A GRANT APPLICATION TO THE COUNTY OF MORRIS FOR COMMUNITY DEVELOPMENT BLOCK GRANT FOR DODGE FIELD ACCESSIBLE PLAYGROUND IMPROVEMENTS AND RECONSTRUCTION IN THE AMOUNT OF $125,000.00 PAGE 13 OF 20 Regular Meeting Minutes – December 13, 2021 WHEREAS, the Assistant Borough Engineer has prepared a Community Development Block Grant application to the County of Morris in the amount of $125,000.00 for Dodge Field Accessible Playground Improvements in the Borough; and WHEREAS, the Assistant Borough Engineer has recommended that said grant be submitted and if approved, a grant agreement be executed. 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 Assistant Borough Engineer is authorized to submit the grant application and the Mayor and Borough Clerk are authorized to execute a future grant agreement between the Borough of Madison and the County of Morris for a Community Development Block Grant in the amount of $125,000.00 for the Dodge Field Accessible Playground Improvements, in a form approved by the Borough Attorney. R 310 – RESOLUTION OF THE BOROUGH OF MADISON APPOINTING CAROLINE ROMANELLI TO THE PART-TIME POSITION OF MADISON ARTS AND TECHNOLOGY ASSISTANT WHEREAS, the Assistant Borough Administrator/CFO and Personnel Director recommend the appointment of Caroline Romanelli to the part-time position of Madison Arts and Technology Assistant; 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, Caroline Romanelli is hereby appointed to the part-time position of Madison Arts and Technology Assistant, effective immediately, to be compensated at the hourly rate of $20.00 per hour up to 25 hours a week on an as needed basis, with no benefits. R 311-2021 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING CHANGE ORDER REQUEST FROM CIFELLI & SON GENERAL CONTRACTING, INC., IN THE AMOUNT OF $17,200.12 FOR THE 2021 ROAD IMPROVEMENT PROGRAM WHEREAS, a contract for the 2021 Road Improvement Program, in an amount not to exceed $635,780.00 was awarded to Cifelli & Son, Inc., of Nutley, New Jersey, by Resolution 103-2021; and WHEREAS, the Borough Engineer has recommended approval of a second change order to the contract for unit quantity adjustments in the amount of $17,200.12 bringing the revised contract total to $710,480.12; and PAGE 14 OF 20 Regular Meeting Minutes – December 13, 2021 WHEREAS, the Chief Financial Officer has attested to the availability of funds for this purpose, which funds were appropriated by Ordinance 1-2021. NOW, THEREFORE, BE IT RESOLVED, by the Council of the Borough of Madison, in the County of Morris and State of New Jersey that the second change order request of $17,200.12 from Cifelli & Son General Contracting, Inc. of Nutley, New Jersey, for the Reconstruction of Community Place is hereby authorized. R 312-2021 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING CHANGE ORDER REQUEST FROM DENVILLE LINE PAINTING, INC. IN THE AMOUNT OF $994.35 BRINGING TOTAL CONTRACT AMOUNT TO $30,994.35 FOR THE 2021 MILL & OVERLAY LINE STRIPING PROGRAM WHEREAS, a contract for the 2021 Mill & Overlay Line Striping program, in an amount not to exceed $30,000.00 was awarded to Denville Line Painting, Inc., of Rockaway, New Jersey; and WHEREAS, the Borough Engineer has recommended approval of a change order to the contract for field changes that were encountered during the road striping of $994.35, bringing the revised contract total to $30,994.35; and WHEREAS, the Chief Financial Officer has attested to the availability of funds in an additional amount not to exceed $994.35 for this purpose, which funds were appropriated by Ordinance 1-2021, which contain sufficient funds to include this change order. 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 $994.35 change order request from Denville Line Painting, Inc. of Denville, New Jersey, in the total amount not to exceed $30,994.35 for the 2021 Mill & Overlay Line Striping program is authorized. R 313-2021 RESOLUTION OF THE BOROUGH OF MADISON ACCEPTING DONATION OF STORAGE CABINET FROM MADISON RESIDENT CHESTER LEE WHEREAS, the Madison resident Chester Lee has generously offered to donate a storage cabinet to the Madison Electric Department; and WHEREAS, the Borough Council has concluded that it would be in the best interest of the Borough to accept the donated storage cabinet. NOW, THEREFORE, BE IT RESOLVED, by the Council of the Borough of Madison in the County of Morris in the State of New Jersey that the Borough accepts the donation of the above described storage cabinet. PAGE 15 OF 20 Regular Meeting Minutes – December 13, 2021 BE IT FURTHER RESOLVED that the Borough of Madison expresses its gratitude to Madison Resident Chester Lee. R 314-2021 RESOLUTION OF THE BOROUGH OF MADISON SUPPORTING NEW JERSEY STATE LEAGUE OF MUNICIPALITIES CONFERENCE RESOLUTION NO. 2018-04 CALLING FOR A CAP EXCEPTION FOR INFORMATION TECHNOLOGY AND CYBER SECURITY COSTS WHEREAS, local municipalities require specific software and hardware tools to provide services to their residents; and WHEREAS, the licenses required to use the software requires an annual fee which is determined by a third party such as Microsoft, Edmunds, SDL and other proprietary vendors; and WHEREAS, municipalities do not have the option of negotiating a reduction in annual fees with national and international companies for annual licensing costs; and WHEREAS, on a regular schedule companies upgrade and/or eliminate older software which forces municipalities to purchase new software and hardware; and WHEREAS, each municipality also invests in firewalls and other forms of cyber security protection to protect its financial records as well as the tax records and other data of its residents; and WHEREAS, insurance carriers are requiring municipalities to conduct significant and extensive reviews of cyber security plans and protections to determine the annual liability premiums that will be charged; and WHEREAS, even with a commitment to invest in technology upgrades insurance premiums for liability and cyber security coverage will increase by double digits in 2022; and WHEREAS, on an annual basis the cost of technology upgrades, including software, hardware, and licenses, for the use of Microsoft platforms, email, required proprietary software and cyber security requires, an increasingly larger portion of municipal budgets; and WHEREAS, the use of Police Department body cameras will require a significant increase in storage costs as well as trained civilian staff members to manage the data which must be kept for several years; and WHEREAS, the New Jersey League of Municipalities adopted Conference Resolution NO. 2018-4 calling for a CAP exception for information technology and cyber security costs. PAGE 16 OF 20 Regular Meeting Minutes – December 13, 2021 NOW, THEREFORE, BE IT RESOLVED, by the Council of the Borough of Madison in the County of Morris in the State of New Jersey it hereby urges the State Legislature to grant all municipalities an exception to the expenditure CAP and a waiver from the levy CAP equal to the cost of hardware, software, licensing fees, data storage, email, storage including the Cloud and other types, information technology costs to install and monitor municipal systems as well as the costs to install and monitor municipal systems as well as the costs related to technology to prevent hacking and cyber security attacks; and. BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to the Borough’s legislative delegation consisting of State Senator Richard Codey, Assemblyman John McKeon and Assemblywoman Mila Jacey, sponsor Mayor Stacey Ewald of the Township of Chatham, sponsor Mayor Robert Conley of the Borough of Madison, the Commissioner of the Department of Community affairs, the Governor of the State of New Jersey as well as a copy to the New Jersey League of Municipalities. R 315-2021 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING 2021 BUDGET TRANSFERS WHEREAS, an additional transfer of funds for the Fire Department overtime is necessary to cover expenditures; and WHEREAS, a portion of Resolution 295-2021 authorized the Assistant Borough Administrator/Chief Financial Officer to transfer $20,000.00 in 2021 Municipal Budget funds from Sewage Processing Account 465-214 FCOA 31-456 to the Fire Department Overtime Account 265-120-FCOA 25-265-1 which should be rescinded due to cap related issues; and WHEREAS, the Assistant Borough Administrator/Chief Financial Officer has recommended that the portion of Resolution 295-2021 relating to the transfer of funds from Sewage Processing to Fire Department Overtime be rescinded; and WHEREAS, the Mayor and Council have determined that an additional transfer of funds for 2021 Fire Department Overtime appropriation is 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. PAGE 17 OF 20 Regular Meeting Minutes – December 13, 2021 NOW, THEREFORE, BE IT RESOLVED, that the above mentioned portion of Resolution 295-2021 be rescinded; and BE IT FURTHER 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 the following transfer between appropriation accounts of the 2021 Municipal Budget as follows: Department Amount Department Amount Requesting Requested Reason for Request Supplying Funds Transferred Transfer in out “Fire Department Training, staff coverage, “General Liability Overtime” 265-120 $30,000 various storms, events Insurance” 210-514 $30,000 FCOA 25-265-1 and emergencies FCOA 23-210 R 316-2021 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING PURCHASE OF A DEPARTMENT OF PUBLIC WORKS VEHICLE UNDER EDUCATIONAL SERVICES COMMISSION OF NJ ESC CO-OP#65MCESCCPS - ESCNJ 20/21-09 WHEREAS, the Borough of Madison desires to award a contract for the purchase of a Department of Public Works vehicle under the New Jersey State Contract 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, United Ford, LLC, 330 County Avenue, Secaucus, New Jersey, 07096 has been awarded Educational Services Commission of NJ ESC Co-op #65MCESCCPS - ESCNJ 20/21-09; and WHEREAS, the Director of Public Works and Qualified Purchasing Agent have recommended that the Borough Council utilize this contract for purchase of a hybrid pickup truck for the Department of Public Works as follows; under contract NJ ESC CO-OP #65MCESCCPS - ESCNJ 20/21-09, one 2022 Ford F150 Hybrid; and WHEREAS, the Chief Financial Officer has attested that funds are available in an amount not to exceed $42,756.49 for this purpose, which funds are available in Ordinance 24-2021. NOW, THEREFORE, BE IT RESOLVED by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, as follows: 1. A contract for the purchase of a Department of Public Works hybrid pickup truck and accessories for $42,756.49 is hereby approved. PAGE 18 OF 20 Regular Meeting Minutes – December 13, 2021 2. The Borough Administrator is hereby authorized and directed on behalf of the Borough to execute a purchase order and contract to United Ford, LLC, 330 County Avenue, Secaucus, New Jersey, 07096, for the purchase of a Department of Public Works vehicle and accessories at a total price not to exceed $42,756.49, in a form acceptable to the Borough Attorney. R 317-2021 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING DEVELOPER’S AGREEMENT BETWEEN THE BOROUGH OF MADISON AND MADISON MOVIE DEVELOPMENT, LLC, BLOCK: 2702, LOT: 24, 14 LINCOLN PLACE WHEREAS, Madison Movie Development, LLC ("Developer") is the owner of certain property in the Borough of Madison designated as Tax Block 2702, Lot 24 on the current Tax Map of the Borough (the “Property”); and WHEREAS, Developer obtained from the Madison Borough Board of Adjustment approvals for construction of first floor retail space, 24 dwelling units, including 4 units restricted as affordable housing, a lower parking area, modifications to a shared driveway and other site improvements on the Property by Resolution adopted on August 12, 2021, which provided for execution of a Developer’s Agreement with the Borough; and WHEREAS, Gary Hall, Esq. has recommended that the attached Developer’s Agreement concerning the Property be entered into upon approval of the form and substance of the Agreement by the Borough Attorney. NOW, THEREFORE, BE IT RESOLVED, by the Council of the Borough of Madison, in the County of Morris and the State of New Jersey, that the attached Developer’s Agreement between Madison Movie Development, LLC and the Borough of Madison is hereby approved subject to the approval of the Borough Attorney, and the Mayor and Borough Clerk are hereby authorized and directed on behalf of the Borough to execute the Developer’s Agreement. 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 $482,410.65 General Capital Fund 45,015.48 Electric Operating Fund 555,875.75 Electric Capital Fund 2,880.00 Water Operating Fund 23,182.17 PAGE 19 OF 20 Regular Meeting Minutes – December 13, 2021 Water Capital Fund 0.00 Trusts 288,391.26 Total $1,397,755.31 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 9:40 p.m. Respectfully submitted, Elizabeth Osborne Borough Clerk Approved January 10, 2022 (EO) PAGE 20 OF 20