Mayor & Council

MINUTES OF A REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF MADISON March 14, 2022 - 6 p.m. CALL TO ORDER The Regular Meeting of the Mayor and Council of the Borough of Madison was held on the 14th day of March, 2022. Mayor Conley called the meeting to order at 6:00 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 6, 2022. 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: Maureen Byrne John F. Hoover Debra J. Coen Rachael Ehrlich Robert Landrigan Eric Range 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 Mr. Landrigan moved: RESOLVED, that the meeting be adjourned to an Executive Session to consider the following matters: MINUTES FOR APPROVAL (1) February 28, 2022 Date of public disclosure 60 days after conclusion, if disclosure required. POTENTIAL LITIGATION MATTERS (1) DREW UNIVERSITY Date of public disclosure 60 days after conclusion, if disclosure required. Regular Meeting Minutes – March 14, 2022 CONTRACT MATTERS (2) MASONIC LODGE HARTLEY DODGE MEMORIAL TRUSTEES Date of public disclosure 60 days after conclusion, if disclosure required PERSONNEL MATTERS (1) POLICE EMPLOYMENT OFFERS Date of public disclosure 90 days after conclusion, if disclosure required. Seconded: Ms. Byrne Vote: Approved by voice vote RECONVENE IN COUNCIL CHAMBER Mayor Conley reconvened the Regular Meeting at 8 p.m. in the Council Chamber with all members present. The Pledge of Allegiance was recited by all. Mayor Conley asked for a moment of silence for the recent passing of Madison residents Richard Tracy and Mary Ellen Beaman. APPROVAL OF MINUTES Ms. Ehrlich moved approval of the Executive Minutes of February 28, 2022. Ms. Coen seconded the motion, which passed with the following roll call vote recorded: Yeas: Ms. Byrne, Mr. Hoover, Ms. Coen, Ms. Ehrlich, Mr. Landrigan, Mr. Range Nays: None Mr. Range moved approval of the Regular Meeting Minutes of February 28, 2022. Ms. Byrne seconded the motion, which passed with the following roll call vote recorded: Yeas: Ms. Byrne, Mr. Hoover, Ms. Coen, Ms. Ehrlich, Mr. Landrigan, Mr. Range Nays: None GREETINGS TO PUBLIC Mayor Conley made the following comments: Mayor Conley welcomed all to the first in-person Council meeting since the January Reorganization meeting. Mayor Conley explained that the portraits of George and Martha Washington, usually displayed in the Council Chamber, have been removed by the Hartley Dodge Memorial Trustees for restoration. Mayor Conley noted that the annual Taste of Madison event will be held for the first time in two years, on Monday , April 25th , therefore the scheduled Council meeting will be moved to Wednesday, April 27, 2022. Mayor Conley also noted that the Ukrainian flag will flying at the Hartley Dodge Memorial, in support of the people of the Ukraine, under attack by the Russian government. PAGE 2 OF 28 Regular Meeting Minutes – March 14, 2022 EMPLOYEES OF THE MONTH FOR MARCH: Magdalena Martorana, Bonnie Mulcahy and Jim Trimble for their efforts managing the Utility Billing Department for eight weeks including over year end. ANNIVERSARY FOR THE MONTH FOR MARCH: Dan Buckelew – 20th Anniversary on March 3rd. National Women’s History Month – March 2022 Proclamation of the Borough of Madison Proclaiming NATIONAL WOMEN’S HISTORY MONTH March 2022 WHEREAS, Since 1987, the United States has formally recognized March as National Women’s History Month; and WHEREAS, the 2022 Women’s History theme is, “Women Providing Healing, Promoting Hope,” as both an awareness of the ceaseless work of caregivers and frontline workers during this ongoing pandemic and a recognition of the thousands of ways that women of all cultures have provided both healing and hope throughout history; and WHEREAS, American women of every race, class, and ethnic background have made historic contributions to the growth and strength of our nation in countless recorded and unrecorded ways; and WHEREAS, American women have played and continue to play critical economic, cultural, and social roles in every aspect of American life by constituting a significant portion of the labor force working inside and outside of the home; and WHEREAS, throughout history, American women have played a unique role by providing the majority of the volunteer labor force; and WHEREAS, Women were particularly important in the establishment of early charitable, philanthropic, and cultural institutions in America; and WHEREAS, American women of every race, class, and ethnic background served as early leaders in the forefront of every major progressive social change movement; and WHEREAS, American women have been leaders, not only in securing their own rights of suffrage and equal opportunity, but also in the abolitionist movement, the emancipation movement, the industrial labor movement, the civil rights movement, and other movements, especially the peace movement, which create a more fair and just society for all; and WHEREAS, despite these contributions, the role of American women in history has been consistently overlooked and undervalued, in the literature, teaching and study of American history; PAGE 3 OF 28 Regular Meeting Minutes – March 14, 2022 NOW, THEREFORE, I, Robert H. Conley, Mayor of the Borough of Madison, on behalf of the governing body, do hereby proclaim March 2022 as National Women’s History Month and suggest the best way to celebrate women is to learn from them. _______________________________________ Robert H. Conley, Mayor March 14, 2022 REPORTS OF COMMITTEES Utilities Mr. Landrigan, Chair of the Committee, made the following comments: The Electric Department is currently working with NJ Transit installing two (2) new Utility Poles on Danforth Road to raise the Western Circuit 1 a safe distance above NJ Transit’s catenary lines. On Sunday March 6th, the Stand-by Crew was called to pick up and repair a downed wire in the roadway on Woodland Road. On Monday, March 7th, thirty-one pole mount transformers ordered in June 2021 arrived. The Stand-by Crew responded to a transformer malfunction alarm at the James Park Substation caused by inclement weather on March 7th. On Tuesday, March 8, 2022, and Wednesday, March 9, 2022, the Electric Department assisted JCP&L with storm restoration in Chatham and the surrounding area. The Department has started upgrading a section of Woodland Road, between Green Avenue and Prospect Street, with new poles, new transformers, and new wire with a larger capacity. The Department is making great progress on the Victorian Lamp post LED retrofit kit installations; Central Avenue and Waverly Place are now complete. The Department continues to be busy with emergency mark-outs, new construction services, and addressing customer inquiries and concerns. The Water Department repaired the Hi/Low Alarm System at the Treatment Plant on John Avenue and Station Road. The Water Department also assisted DPW with the brine application to Borough streets in anticipation of the March 9th snow/sleet storm. 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. Public Safety Ms. Byrne, Chair of the Committee, made the following comments: Six of Madison’s first Responders will be honored by the Morris County 200 Club at their May 5th awards dinner ceremony which annually honors Morris County 1st responders for Valor and/or Meritorious acts of bravery. On August 17, 2021 there was a fire on Kings Road in which resident, Mrs. Betz, was rescued. Due to the extraordinary efforts of first Responders, she was rescued and is alive today. Those being honored from the Fire Department with Valor awards include Lt Dominic DeRosa, Firefighter Sean Norek, and Firefighter Bruce Barrios and from the Police Department, Captain Joseph Longo, Sgt. Sean McCarthy, and Cpl. Stephanie Aquino of the Police Department, will receive meritorious awards. Also being honored for life saving actions at this fire with meritorious awards are two Cedar Knolls Firefighters and two Morris County OEM EMTs. Madison’s new Rescue/Pumper went into production on Wednesday, March 9th. The anticipated completion date is approximately late May or early June. Supply chain issues had delayed the start of production for nearly 1 year. We look forward to the arrival of our new Rescue/Pumper during the summer. PAGE 4 OF 28 Regular Meeting Minutes – March 14, 2022 Community Affairs Mr. Hoover, Chair of the Committee, made the following comments: The next meeting of the Downtown Development Commission will be held Thursday, March 17th, in the Committee Room of the HDM. May Day is scheduled for Saturday, May 7th. The tee-shirt contest will begin April 15th. Sponsorships are available. The annual Farmers’ Market will be held at Dodge Field from Thursday, May 19, 2022 to November 17, 2022. The Chamber of Commerce will hold the annual “Shelly the Egg” contest for prizes and the Taste of Madison will be held, Monday, April 25, 2022. Finance and Borough Clerk Ms. Coen, Chair of the Committee, made the following comments: Ms. Coen noted that tonight is the seventh presentation regarding the 2022 municipal budget. After tonight’s presentation, if agreed, the proposed budget will move forward, with introduction anticipated for the March 28th Council meeting. The State reviews each municipal budget every three years and this year the budget is under review. Public Works and Engineering Ms. Ehrlich, Chair of the Committee, made the following comments: From the Engineering Department, the Hartley Dodge Memorial Plaza has been re- surveyed, and results should be available next week. A Waverly Plaza community meeting will be held in the next ninety days. A meeting to finalize plans for reconstruction of the Cook Plaza parking area will be held in the next two weeks. Members of the Madison Environmental Commission and the Sustainable Madison Advisory Committee met with the Engineer to suggest amendments to the storm water management ordinance. The Public Works Department reports clean up of two minor snow events in the last few of weeks. Yard Waste collection has started and residents can find more information on Rosenet.org or download the Recycle Coach app. The app is a great way to receive reminders and updates. The Department staff has been working on repairs at the Dodge Field bathrooms and upgrading the cardboard compactor as a result of increased use and tonnage. The recycling center is getting good traffic flow. The Borough has begun a shared service with Chatham Borough, allowing residents to utilize the food waste containers at the recycling center. Residents will be able to pick up vegetative compost for gardens in Chatham. More details will be available in the next few weeks. Health Mr. Range, Chair of the Committee, made the following comments: Cases of COVID-19 continues to decline in Morris County and in the State. Three metrics are used to determine numbers. Masking is no longer required generally, but still required on transit and in healthcare facilities. If you have symptoms, remember to stay home, test and contact your doctor, if necessary. The Health Education team has two new programs, WISE, Wellness Initiative for Senior Education, and stress management for aging. COMMUNICATIONS AND PETITIONS – None INVITATION FOR COMMENT (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 PAGE 5 OF 28 Regular Meeting Minutes – March 14, 2022 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. Tom Haralampoudis; Pomeroy Road, noted he hopes there is support from the State regarding Resolution 99-2022, NJ Clean Energy Program. Mr. Haralampoudis thanked the Mayor and Council for supporting Ukraine. Since no other member of the public wished to be heard, the invitation for discussion was closed. AGENDA DISCUSSIONS 03/14/2022-1 GATEWAY & WAYFINDING PRESENTATION John Bosio of Merje gave a short introduction on the gateway and wayfinding project, including primary challenges, use of public input, potential destinations and sign examples. Mr. Bosio noted 177 responses to a survey, with 71% of responders being Madison residents. Destination will be identified, and next steps will be to go out to bid for signs 03/14/2022-2 BUDGET HEARING Mr. Burnet noted the next steps in the budget agenda process asking for consensus to prepare the proposed municipal budget as presented. Mr. Burnet provide information on past municipal tax increases noting an overall 6% increase of the municipal portion of the budget over the last few years, as oppose to surrounding municipalities. Following discussion there was agreement to have Mr. Burnet prepare the municipal budget as discussed. ADVERTISED HEARINGS Ordinances scheduled for hearing tonight were submitted in writing at a Regular meeting of the Mayor and Council held on February 28, 2022, 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 7-2022 ORDINANCE OF THE BOROUGH OF MADISON APPROPRIATING $500,000.00 FROM THE ELECTRIC CAPITAL IMPROVEMENT FUND FOR A PORTION OF THE PURCHASE OF A RADIO SYSTEM THE BOROUGH OF MADISON EMERGENCY SERVICES WHEREAS, the Assistant Borough Administrator/CFO has recommended that the Borough appropriate $500,000.00 from the Electric Capital Improvement Fund to fund a portion of the Borough trunked radio project and related materials cost; 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 $500,000.00 for this purpose; and PAGE 6 OF 28 Regular Meeting Minutes – March 14, 2022 WHEREAS, the Borough Council has determined that the Borough should appropriate $500,000.00 from the Electric Capital Improvement Fund for this purpose. NOW, THEREFORE, BE IT ORDAINED by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, as follows: SECTION 1: The amount of $500,000.00 is hereby appropriated from the Electric Capital Improvement Fund to fund a portion of the Borough trunked radio project 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 7-2022. Since no member of the public wished to be heard, the public hearing was closed. Ms. Byrne moved that Ordinance 7-2022, which was read by title, be finally adopted. Mr. Landrigan seconded the motion. There was no Council discussion, and the motion passed with the following roll call vote recorded: Yeas: Ms. Byrne, Mr. Hoover, Ms. Coen, Ms. Ehrlich, Mr. Landrigan, Mr. Range Nays: None Mayor Conley declared Ordinance 7-2022 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 8-2022 ORDINANCE OF THE BOROUGH OF MADISON AMENDING CHAPTER 166 OF THE BOROUGH CODE ENTITLED "STREETS AND SIDEWALKS" REGARDING OUTDOOR DINING WHEREAS, the Administration, Zoning Officer, and the Downtown Development Commission have considered and recommend that the Borough Council consider proposed amendments to Chapter 166 of the Borough Code regarding outdoor dining, outdoor eating areas, and sidewalk cafes; and WHEREAS, the Borough Council, having review the proposed amendments, concurs in this recommendation from the Director of Business Development to amend outdoor dining 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 166 of the Borough Code, entitled "Streets and Sidewalks" is amended and supplemented to include the following: PAGE 7 OF 28 Regular Meeting Minutes – March 14, 2022 CHAPTER 166, ARTICLE V: OUTDOOR DINING AREAS, OUTDOOR EATING AREAS AND SIDEWALK CAFE AREAS. § 166-43. Definitions. A. As used in this section, these terms shall have the following meanings: OUTDOOR DINING AREA Shall mean a designated area on the premises of a retail food establishment or restaurant, but outside the principal building, and where patrons may sit at tables while consuming food and beverages ordered from and served by a wait staff. OUTDOOR EATING AREA Shall mean a designated area on the premises of a retail food establishment, but outside the principal building, and where patrons may sit at tables while consuming foods, soft drinks, ice cream, and similar confections purchased from the retail food establishment. SIDEWALK CAFE AREA Shall mean a designated area of a public sidewalk where patrons may sit at tables while consuming food and beverages ordered from and served by a wait staff. § 166-44. License Required. No person shall operate an Outdoor Dining Area, an Outdoor Eating Area or a Sidewalk Cafe unless a license has been obtained from the Borough of Madison. A. Areas in which Outdoor Dining Areas, Outdoor Eating Areas and Sidewalk Cafes Areas, collectively referred to as "area" or "areas," are permitted: 1) Outdoor Eating Areas, as defined in this section may be established as an accessory use to permitted restaurants and retail food establishments in the CBD1, CBD2 and CC zoning district. 2) Outdoor Dining Areas, as defined in this section may be established as an accessory use to permitted restaurants and retail food establishments in the CBD1, CBD2 and CC zoning district. 3) Sidewalk Cafe Areas, as defined in this section, may be established as an accessory use to permitted restaurants in the CBD1, CBD2 and CC zoning district. B. Applicants shall apply for permit approval in accordance with the provisions of this Chapter. All such applications shall be approved by the Zoning Officer and shall be referred to the Chief of Police, Construction Code Official, Fire Code Official, and other such Borough Official(s) the Zoning Officer deems appropriate, who shall provide the Zoning Officer with written reports of their opinions and recommendations regarding the application. PAGE 8 OF 28 Regular Meeting Minutes – March 14, 2022 C. Applicants shall meet all general ordinance requirements and all other laws, rules, regulations and codes applicable to the proposed activity. D. Applicants proposing to establish an Outdoor Eating Area, Outdoor Dining Area or Sidewalk Cafe Area must provide satisfactory proof to the Zoning Officer of the following: 1) A layout including all dimensions of the proposed seating areas, which shall include but not be limited to a depiction of all aisles, routes of ingress and egress; clearances between tables and between the seating area at the curb; and service areas; the landscape plan; and other equipment and fixtures that will be utilized; an illustration, rendering and/or photograph of all proposed furniture, planters, umbrellas, awnings, tents, signage proposed. 2) Freestanding umbrella(s) and base(s) and/or devices to secure umbrella(s) shall be permitted within an Outdoor Eating Area, Outdoor Dining Area or Sidewalk Cafe subject to the following: a) One umbrella shall be permitted for each table within the seating area. b) Umbrella shall be adequately secured by a center base, arm base and/or otherwise adequately secured by a wind resistant structure. c) The umbrella, when in an open position shall not overhang beyond the designated seating area; the minimum clearance height will be seven feet and the maximum height of the umbrella from base to finial shall not exceed nine feet. d) Umbrellas placed within the seating area shall be uniform as to color and design to create a pleasant aesthetic affect and shall at all times be properly maintained in good working orders and aesthetic condition including but not limited to being clean and without tears. 3) Tents shall be permitted within an Outdoor Eating Area, Outdoor Dining Area only. They are prohibited in a Sidewalk Café. E. The Zoning Officer shall review each application to ensure that the proposed operation of the Outdoor Eating Area, Outdoor Dining Area or Sidewalk Cafe Area will not interfere with pedestrian or vehicular traffic. F. The Zoning Officer shall require each applicant to submit a litter control plan which shall include, but not be limited to, a description of the number and location of trash receptacles for the areas and the frequency with which the tables, surrounding area and adjacent public and private properties will be policed for litter. Failure to abide by an established litter control plan shall constitute a violation of the permit approval of which it was made a condition, PAGE 9 OF 28 Regular Meeting Minutes – March 14, 2022 and shall subject the applicant to a fine in an amount not less than $100 per violation. G. The Zoning Officer shall approve the hours of operation for each Outdoor Eating Area, Outdoor Dining Area or Sidewalk Cafe Area. In approving the hours, the Zoning Officer shall take into consideration the nature of the restaurant or retail food establishment at issue, the character of the neighborhood adjacent to the premises, and the character and nature of other uses in the vicinity of the premises at varying times of day. At no time will outdoor dining be permitted beyond 10:00 p.m. H. BYOB privileges for wine or malt alcoholic beverages are allowed in Outdoor Dining Areas and Sidewalk Cafe Areas subject to N.J.S.A. 2C:33-7. Any licensed premises must secure and provide copies to the Borough Clerk of all necessary permits from the New Jersey Division of Alcoholic Beverage Control to extend their licensed premises in accordance with applicable New Jersey law. I. The seating contained in an Outdoor Eating Area, Outdoor Dining Area or Sidewalk Cafe Area shall not be counted in determining any parking space requirement for a retail food establishment or restaurant use. J. The permit granted pursuant to this section shall allow the use of the Outdoor Dining Areas, Outdoor Eating Areas and Sidewalk Cafe Areas at any time of year. However, the area must be properly maintained at all times including complying with the litter control plan, complying with all applicable laws, rules, regulations and codes, properly securing and/or removing tables, chairs and other items during times of inclement weather and high wind, further at no time shall chairs, tables or other items be stacked in the area. § 166-45. Application for license An application, sworn to by the applicant, for an Outdoor Eating Area, Outdoor Dining Area or Sidewalk Cafe license shall be filed annually with the Borough Clerk on forms supplied by the Clerk. The forms shall require the following information and such additional information as deemed necessary: A. The name of the applicant and the address. B. The name and address of the eating establishment where area or café is to be maintained. C. Written consent of the owner of the premises, if other than the applicant. D. Any licensed premises must secure and provide copies to the Borough of all necessary permits from the New Jersey Division of Alcoholic Beverage Control PAGE 10 OF 28 Regular Meeting Minutes – March 14, 2022 to extend their licensed premises in accordance with applicable New Jersey law. E. A Certificate of Insurance providing at least $1,000,000 of comprehensive general liability extending premises coverage to all activities associated with sidewalk dining and listing the Borough of Madison as an additional insured with respect to such activities. F. A check payable to the Borough of Madison in the amount of the license fee required by § 166-47. G. Execution and filing with the Borough Clerk of an Indemnification Agreement pursuant to which the licensee, in further consideration of the issuance of the license, shall agree to forever defend, protect, indemnify and save harmless the Borough, its officers, agents and employees, from and against any and all claims, causes of action, injuries, losses, damages, expenses, fees and costs arising out of or which may arise out of the licensee's operation of it sidewalk dining establishment. H. Execution and filing with the Borough Clerk of a Maintenance Agreement pursuant to which the licensee, in further consideration of the issuance of the license, shall agree, at the Borough's option, either to repair at its sole cost and expense any damage caused to the sidewalk or any Borough owned property by the operation of its sidewalk dining operation, or to reimburse the Borough in full for all costs and expenses incurred by it in making any such repairs. I. Execution and filing with the Borough Clerk of an Outdoor Dining Addendum Permission for Use of Neighboring Space if applicable. J. The Borough Clerk may require a bond to be filed by the licensee in an amount to be fixed by the Borough. § 166-47. Fees Set by Resolution. A. The annual fee for each year for the operation of an Outdoor Dining Area, Outdoor Eating Area and/or Sidewalk Cafe shall be set by resolution by the Mayor and Borough Council. B. No fees shall be pro-rated nor any part thereof refunded for any reason. § 166-48. License terms and conditions. C. An Outdoor Eating Area, Outdoor Dining Area or Sidewalk Cafe license shall be valid only through December 31 of a given year, and a new license must be obtained for each year. PAGE 11 OF 28 Regular Meeting Minutes – March 14, 2022 D. An Outdoor Eating Area, Outdoor Dining Area or Sidewalk Cafe license may not be transferred. E. The license shall be displayed in a conspicuous place on the premises prior to the use of the premises for sidewalk dining. § 166-49. Regulations. The conduct of Outdoor Eating Area, Outdoor Dining Area or Sidewalk Cafe dining pursuant to a license issued under this article shall be subject to all of the following restrictions and requirements: A. Outdoor Eating Area, Outdoor Dining Area or Sidewalk Cafe dining may be conducted in the CBD1, CBD2 and CC zoning district. B. The Sidewalk Cafe area must not inhibit pedestrian traffic on public sidewalks, and an area must be open and unobstructed for pedestrian traffic between the closest edge of the cafe-type tables and the curbline, which area shall have a minimum width of the greater of four feet or 1/2 of the sidewalk width. The passage area must be a straight line, barrier free and clear of any obstructions such as tree roots and the like. Passing areas of at least six feet may be required in larger Sidewalk Cafes. C. Restaurateurs shall not place anything in an alleyway or walkway or set up tables in such a manner as to block any alleyways or walkways or any building entrance/egress. It shall be unlawful to obstruct or reduce in any manner the clear width of any exit discharge passageway, as determined by the clear width opening of the entrance/egress door(s). The passageway shall be as straight as possible leading directly to the street. D. The only items permitted are tables, chairs, umbrellas and containers for the disposal of recyclable cans/bottles and garbage. E. Restaurateurs shall not place any table, sign, umbrella or other item in such a manner as to block any municipal signs, receptacles for garbage, public benches or other public amenity, including fire hydrants. F. Restaurateurs must provide for the disposal of recyclable cans/bottles and garbage. Public receptacles for garbage shall not be used. Sidewalk areas shall be kept clean during hours of operation. Litter shall not be permitted on adjoining sidewalks or property. G. Restaurateurs are prohibited from serving drivers or passengers of vehicles. All customers must be seated throughout their meal. H. Restaurateurs are prohibited from using public utility hookups. PAGE 12 OF 28 Regular Meeting Minutes – March 14, 2022 I. Use of amplified sound systems are prohibited after 9:30 p.m., and all noise regulations must followed when in use. See Chapter 210 Nuisance: 218-3 Noises and sounds. The Zoning Officer may issue additional restrictions based on location. J. All food preparation shall be in the regular kitchen area of the restaurant, not outside. K. All outdoor food service is subject to the regulations contained in Chapter 12 of the New Jersey Sanitary Code. L. The placement of outdoor tables shall be limited to the area immediately in front of existing and/or properly approved restaurants, cafes or eating establishments. No portion of any sidewalk dining equipment, including chairs, tables and opened umbrellas, shall encroach upon the sidewalk area in a manner to block, impede or cover adjacent storefronts, doors or windows in front of other business establishments without the written permission of the property owner and adjoining business. M. Permissible hours of operation shall be from 7:00 a.m. to 10:00 p.m. N. An applicant wishing to serve alcohol on the Sidewalk Cafe area must execute a revocable agreement with the Borough to have conditional use of the sidewalk as a right of way. Any licensed premises must secure and provide copies to the Borough of all necessary permits from the New Jersey Division of Alcoholic Beverage Control to extend their licensed premises in accordance with applicable New Jersey law. O. Everything must be neatly stacked or removed and sidewalks cleaned at the end service daily. P. The Borough retains the right to suspend an Outdoor Eating Area, Outdoor Dining Area or Sidewalk Cafe license to allow for construction activity, utility repairs, and special events or for other reason as deemed appropriate by the Borough Council, with reasonable advance notice to be given to affected licensees. Q. All Sidewalk Cafes must be cleared of all furnishings in advance of any snowstorm or weather emergency declared by the Borough. R. Use of private parking lots for Outdoor Eating or Dining Areas. 1) Must be in an area where onsite parking is not required or parking studies have demonstrated the availability of excess parking spaces. PAGE 13 OF 28 Regular Meeting Minutes – March 14, 2022 2) Permit required, subject to all rules and regulations included in this ordinance. 3) Must be separated from other parking and travel lanes by barricades. 4) Tents shall be permitted within an Outdoor Eating Area, Outdoor Dining Area only and require approval from the Zoning Officer, Construction, and Fire Code Officials. a) The clearance to the lowest part of any tent covering shall be the same as required in Code § 166-4 Awnings. b) All tent frame components supported by the ground must be clearly visible to pedestrians and other passersby so as not to constitute a safety hazard and the Zoning Officer may require a decorative chain or other means to ensure visibility of frame components supported by the ground. c) Tents in use from December 1 through March 1 must be certified snow load compliant. d) Restaurants utilizing outdoor tents with temporary heat must be reviewed and approved by the Madison Fire Code Official. e) Except for permitted construction or repair of a tent, at no time shall property owners be permitted to remove the tent covering and leave bare frame components visible. S. Use of public curbside/parking spaces for expansion of Sidewalk Café. a) Prohibited on Main Street, NJ State Highway Route 124. b) Permit required, subject to all rules and regulations included in this ordinance. c) Must be separated from other parking and travel lanes by barricades. d) A platform will be required to insure accessibility between the sidewalk and street area and must meet the following standards. Platforms must be approved by the Zoning, Officer, Construction and Fire Code Officials: (1) Durable materials that can withstand wear and tear of elements. It is your responsibility to maintain all platform elements in good condition. (2) All structures on parking lane must allow for access to public utilities for maintenance and repairs (e.g. provide access panels, removable pavers, etc.) PAGE 14 OF 28 Regular Meeting Minutes – March 14, 2022 (3) Deck or platform must be flush with sidewalk and must not leave a gap greater than1/2 inch, nor a vertical separation greater than 1/4 inch. (4) At no time may any element of the platform be attached, anchored, bolted or affixed in any way to the roadway or any structure (including but not limited to: buildings, fire hydrants, street trees, streetlight or traffic poles, etc.) (5) Surface materials must be textured or treated with a non-skid coating to ensure a safe walking surface. Loose particles, such as sand or loose stone, are not permitted. (6) Platforms should allow for curbside drainage flow. An approximately 6 inch x 6 inch minimum clear gutter space must be provided along the entire length of the proposed platform. e) Use of public curbside/parking spaces for expansion of Sidewalk Café begins on April 15 and ends on November 15. Barricades, all equipment, and platforms must be removed by November 15. T. Restaurateurs must comply with the provisions of the Smoke-Free Air Act, N.J.S.A. 26:3D-55 to 64, including displaying the appropriate designated site- specific conditions for smoking that are appropriate to their particular circumstances and environments. Moreover, in accordance with N.J.S.A. 26:3D- 63 and N.J.A.C. 8:6-2.3, smoking is prohibited at a sidewalk dining establishment if smoking in the exterior area results in migration, seepage, or recirculation of smoke to an indoor public place or a workplace at which smoking is prohibited. U. The licensee shall comply with all other Borough ordinances. § 166-50. Suspension and revocation of license. A. Any license may be suspended or revoked for good cause by the Borough Council, including but not limited to a misrepresentation of the information supplied in the application, the conviction of a crime, a violation of any ordinance, statute or government regulation or a violation of this article. § 166-51. Enforcement. A. The Borough Clerk shall be responsible for licensing and the collection of fees. This chapter shall otherwise be enforced by the Zoning Officer, Madison Police Department and the Board of Health, as to the Sanitary Code. PAGE 15 OF 28 Regular Meeting Minutes – March 14, 2022 § 166-52. Violations and penalties. A. Any violations of the provisions of this article shall be punishable by a fine not to exceed $500 as determined by the Municipal Court. Each day the violation shall continue after a notice and a reasonable opportunity to correct or remedy the violation shall constitute a separate violation. § 166-53. Appeals. A. Any person aggrieved by any action of the Borough Clerk, in the denial or revocation of an Outdoor Eating Area, Outdoor Dining Area or Sidewalk Cafe license, shall have the right to appeal to the Borough Administrator. The appeal shall be taken by filing with the Borough Clerk, within 30 days after the notice of the action complained of has been served personally upon the licensee, or mailed, postage prepaid, to the licensee at the address given by the licensee in making application under § 166-44 herein, a written statement setting forth fully the grounds for appeal. The Borough Clerk shall set a time and place of hearing for the appeal, at which time the Borough Administrator shall conduct a hearing and affirm, modify or reverse the action appealed from. § 166-54. Severability. A. Each section of this article is an independent section, and the holding of any section or part thereof to be unconstitutional or ineffective for any cause shall not be deemed to affect the validity or constitutionality of any other section or part thereof. Mayor Conley opened up the public hearing on Ordinance 8-2022. Tom Haralampoudis; Pomeroy Road, noted additions made during the COVID pandemic promoted walking in the business district and benefited businesses. Since no other member of the public wished to be heard, the public hearing was closed. Mr. Hoover moved that Ordinance 8-2022, which was read by title, be finally adopted. Ms. Ehrlich seconded the motion. There was no Council discussion, and the motion passed with the following roll call vote recorded: Yeas: Ms. Byrne, Mr. Hoover, Ms. Coen, Ms. Ehrlich, Mr. Landrigan, Mr. Range Nays: None Mayor Conley declared Ordinance 8-2022 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. PAGE 16 OF 28 Regular Meeting Minutes – March 14, 2022 ORDINANCE 9-2022 ORDINANCE OF THE BOROUGH OF MADISON APPROPRIATING $75,000.00 FROM ELECTRIC CAPITAL IMPROVEMENT FUND FOR THE PURCHASE OF A DUMP TRUCK AND RELATED EQUIPMENT FOR THE ELECTRIC DEPARTMENT WHEREAS, the Electric Superintendent has recommended that the Borough appropriate $75,000.00 from the Electric Capital Improvement Fund for the purchase of a Dump Truck and related equipment for the Electric Department; and WHEREAS, funds are available in the Electric Capital Improvement Fund and the availability of funds has been certified by the Chief Financial Officer; and WHEREAS, the Borough Council has determined that the Borough should appropriate $75,000.00 from the Electric Capital Improvement Fund for the purchase of a Dump Truck and related equipment for the Electric Department. 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 $75,000.00 is hereby appropriated from the Electric Capital Improvement Fund for the purchase of a Dump Truck and related equipment for the Electric Department. 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 9-2022. Since no member of the public wished to be heard, the public hearing was closed. Mr. Landrigan moved that Ordinance 9-2022, which was read by title, be finally adopted. Mr. Range seconded the motion. There was no Council discussion, and the motion passed with the following roll call vote recorded: Yeas: Ms. Byrne, Mr. Hoover, Ms. Coen, Ms. Ehrlich, Mr. Landrigan, Mr. Range Nays: None Mayor Conley declared Ordinance 9-2022 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 COMMENT (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. PAGE 17 OF 28 Regular Meeting Minutes – March 14, 2022 Clair Whitcomb; Fairwood Road, complimented the Administration and Council on the thorough discussion of the municipal budget. Tom Haralampoudis; Pomeroy Road, commented on the wayfinding sign presentation, noting how easy for visitors. Mr. Haralampoudis asked about digital signage and when payments on the debt service for the MRC field will end. 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 March 28, 2022 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 10-2022 ORDINANCE OF THE BOROUGH OF MADISON AMENDING CHAPTER 94 APPENDIX C OF THE BOROUGH CODE ENTITLED “ELECTRIC DEPARTMENT RULES AND REGULATIONS” REGARDING ADDITIONS AND ALTERATIONS WHEREAS, the Assistant Borough Administrator/CFO has recommended amendments to the Borough Code regarding additions and alterations to the Borough’s equipment by customers of the Borough of Madison electrical system; and WHEREAS, it would be more appropriate for any increase in electrical demand caused by changes in apparatus or electrical equipment be charged to the customer. 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 of the Code of the Borough of Madison, Appendix C, thereof entitled “RULES AND REGULATIONS” is hereby amended as follows to charge customers for increased electrical demand incurred by changes in apparatus or electrical equipment: .... D. PROTECTIVE EQUIPMENT: ADDITIONS AND ALTERATIONS 3.67 Changes in apparatus or electrical equipment connected to the Borough's lines, either by addition or replacement, which alter the characteristics of or increase the demand upon the service, must not be made without the prior approval of the PAGE 18 OF 28 Regular Meeting Minutes – March 14, 2022 Electric Division. If the increased electrical demand incurred by changes in apparatus or electrical equipment connected to the Borough’s lines cannot be supported by the existing infrastructure, either due to electrical load or location, the infrastructure shall be upgraded at the customer’s expense. .... SECTION 2: This Ordinance shall take effect as provided by law. Mr. Landrigan moved that Ordinance 10-2022, which the Borough Clerk read by title, be adopted. Mr. Range seconded the motion. There was no Council discussion, and the motion passed with the following roll call vote recorded: Yeas: Ms. Byrne, Mr. Hoover, Ms. Coen, Ms. Ehrlich, Mr. Landrigan, Mr. Range Nays: None ORDINANCE 11-2022 ORDINANCE OF THE BOROUGH OF MADISON AMENDING CHAPTER 134 OF THE MADISON BOROUGH CODE ENTITLED “PARKING LOTS” WHEREAS, the Director of Business Development has recommended revision of Chapter 134 of the Borough Code entitled “Parking Lots” to allow for more efficient use of available parking spaces; and WHEREAS the Borough Council has determined to revise Chapter 134 of the Borough Code. 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 134 of the Borough Code entitled “Parking Lots” is hereby amended to include the following: Chapter 134. PARKING LOTS .... § 134-6. Use regulations for individual lots. A. Green Avenue Lot. Parking hours and limitations designated as follows: (1) Residential tenant vehicles. Vehicles must be owned by a resident of a dwelling place as defined in § 134-1A. The vehicle must display a parking permit by hanging it on the vehicle's rear view mirror. The permit shall be obtained pursuant to § 134-9. Residential tenant parking is available Monday through Saturday, between 6:00 p.m. and 8:00 a.m. and all day Sunday. PAGE 19 OF 28 Regular Meeting Minutes – March 14, 2022 (2) Public parking. Parking is limited to two hours in all spaces, except that no public parking is permitted between the hours of 2:00 a.m. and 6:00 a.m. on Monday through Saturday. (3) Merchant/employee permit vehicles. All spaces shall be allocated for merchant/employee parking, Monday through Saturday, between 7:00 a.m. and 2:00 a.m.; the lot is reserved for vehicles owned by persons who own or are employed by a merchant/employee establishment in the Borough of Madison. The vehicle must display a parking permit by hanging it on the vehicle's rear view mirror. The permit shall be obtained pursuant to § 134-9. B. Maple Avenue Lot. Parking hours and limitations designated as follows: (1) Parking is reserved for parking of vehicles owned by the Borough of Madison or owned by an officer, employee or person in the service of the Borough. Appropriate Borough identification shall be displayed by hanging it on the vehicle's rear view mirror. (2) Twenty marked spaces designated for merchant/employee parking, Monday through Saturday, between 7:00 a.m. and 2:00 a.m.; these spaces are reserved for vehicles owned by persons who own or are employed by a merchant/employee establishment in the Borough of Madison. The vehicle must display a parking permit by hanging it on the vehicle's rear view mirror. The permit shall be obtained pursuant to § 134- 9.commuter parking by permit only. Monday through Friday, commuter resident vehicles, as defined below, from 4:30 a.m. to 12:00 a.m. on those days. (3) Residential tenant vehicles. Vehicles must be owned by a resident of a dwelling place as defined in § 134-1A. The vehicle must display a parking permit by hanging it on the vehicle's rear view mirror. The permit shall be obtained pursuant to § 134-9. Residential tenant parking is available Monday through Saturday, between 6:00 p.m. and 8:00 a.m. and all day Sunday. (4) Monday through Friday after 4:00 p.m. and all day Saturday and Sunday the lot may be used by the general public Ms. Byrne moved that Ordinance 11-2022, which the Borough Clerk read by title, be adopted. Mr. Landrigan seconded the motion. There was no Council discussion, and the motion passed with the following roll call vote recorded: Yeas: Ms. Byrne, Mr. Hoover, Ms. Coen, Ms. Ehrlich, Mr. Landrigan, Mr. Range Nays: None PAGE 20 OF 28 Regular Meeting Minutes – March 14, 2022 ORDINANCE 12-2022 ORDINANCE OF THE BOROUGH OF MADISON AMENDING CHAPTER 94 APPENDIX A OF THE BOROUGH CODE ENTITLED “SCHEDULE OF RATES FOR ELECTRIC UTILITY” REGARDING NET METERING WHEREAS, the Assistant Borough Administrator/CFO has recommended amendments to the Borough Code, Schedule of Utility Rates, regarding net metering balances for solar customers; and WHEREAS, it would be more appropriate for solar customers to be able to manage credit balances with more flexibility. 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 of the Code of the Borough of Madison, Appendix A, thereof entitled “SCHEDULE OF RATES FOR ELECTRIC UTILITY” is hereby amended as follows to allow flexibility for solar customers with a credit balance: .... BOROUGH OF MADISON SCHEDULE OF RATES FOR CUSTOMERS WHO GENERATE AND FEED ELECTRICITY INTO MADISON’S ELECTRICAL SYSTEM Applicable to service classification RS – Residential Service: A. An electric customer who obtains a permit from the Borough for installation of a system to generate and feed electricity to Madison’s electrical system pursuant to § 94-3 above, and, in accordance with the Rules and Regulations of the Electric Utility Department of the Borough of Madison, shall pay for energy delivered at the same rate as others in the same customer class. B. The Madison Borough Electric Department will: 1. Credit the self-generation customer for energy the Borough receives at the then-current energy rate charged for 0 to 600 kWh for Classification RS – Residential Service net of any per kwh dividend. This credit will be applied against the next monthly bill. If the credit amount is greater than the bill, the remaining credit will be carried forward. 2. Pay the customer for credit held at the end of the twelve-payment cycle (January through December) at the current purchase power rate, leaving no outstanding balance. The Borough shall make this payment no later than January 31 of the following year. 2. At the request of the customer, pay the customer all or a portion of their credit balance held as of March 31 at the current purchase power rate. The Borough shall make this payment no later than April 15. A maximum of $750 credit balance may accrue. Provided 30 days PAGE 21 OF 28 Regular Meeting Minutes – March 14, 2022 notice is given, the customer may at any time request a complete close out of their credit balance at the current purchase power rate. .... SECTION 2: This Ordinance shall take effect as provided by law. Mr. Landrigan moved that Ordinance 12-2022, which the Borough Clerk read by title, be adopted. Mr. Range seconded the motion. There was no Council discussion, and the motion passed with the following roll call vote recorded: Yeas: Ms. Byrne, Mr. Hoover, Ms. Coen, Ms. Ehrlich, Mr. Landrigan, Mr. Range Nays: None CONSENT AGENDA RESOLUTIONS The Clerk made the following statement: Consent Agenda Resolutions will be enacted with a single motion; any Resolution requiring expenditure is supported by a Certification of Availability of Funds; any Resolution requiring discussion will be removed from the Consent Agenda; all Resolutions will be reflected in full in the minutes. Mr. Landrigan moved adoption of the Resolutions listed on the Consent Agenda. Ms. Byrne seconded the motion. There was no Council discussion and the motion passed with the following roll call vote recorded: Yeas: Ms. Byrne, Mr. Hoover, Ms. Coen, Ms. Ehrlich, Mr. Landrigan, Mr. Range Nays: None R 93-2022 RESOLUTION OF THE BOROUGH OF MADISON APPOINTING AUSTIN NASH TO THE POSITION OF POLICE OFFICER WHEREAS, the Borough Administrator and Chief of Police have recommended that Austin Nash be appointed to the position of Police Officer in the Madison Police Department; and WHEREAS, the Madison Borough Council, after due consideration, has determined to appoint Austin Nash to the position of Police Officer in the Madison Police Department. NOW, THEREFORE, BE IT RESOLVED by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, that Austin Nash is hereby appointed to the position of Police Officer in the Madison Police Department effective upon his satisfactory graduation from the Essex County Police Academy in March 2022, to be compensated in accordance with the Police Benevolent Association Collective Bargaining Agreement. This appointment is subject to all PAGE 22 OF 28 Regular Meeting Minutes – March 14, 2022 terms and conditions of the attached executed conditional offer of employment dated November 3, 2021. R 94-2022 RESOLUTION OF THE BOROUGH OF MADISON APPOINTING DYLAN GONZALEZ TO THE POSITION OF POLICE OFFICER WHEREAS, the Borough Administrator and Chief of Police have recommended that Dylan Gonzalez be appointed to the position of Police Officer in the Madison Police Department; and WHEREAS, the Madison Borough Council, after due consideration, has determined to appoint Dylan Gonzalez to the position of Police Officer in the Madison Police Department. NOW, THEREFORE, BE IT RESOLVED by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, that Dylan Gonzalez is hereby appointed to the position of Police Officer in the Madison Police Department effective upon his satisfactory graduation from the Essex County Police Academy in March 2022, to be compensated in accordance with the Police Benevolent Association Collective Bargaining Agreement. This appointment is subject to all terms and conditions of the attached executed conditional offer of employment dated November 12, 2021. R 95-2022 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING SUBMISSION OF A MORRIS COUNTY HISTORIC PRESERVATION TRUST FUND GRANT APPLICATION FOR THE MADISON MASONIC LODGE AND EXECUTION OF A TWENTY FIVE (25) YEAR LEASE AGREEMENT WHEREAS, the governing body of the Borough of Madison desires to further historic preservation through a grant from the Morris County Historic Preservation Trust Fund for renovation of the Madison Masonic Lodge; and WHEREAS, the Borough also desires to enter into a lease agreement for use of space at the Masonic Lodge, 170 Main Street, for a term of twenty five (25) years and authorizes execution of said lease. NOW THEREFORE BE IT RESOLVED, the governing body authorizes the submission of a grant application and the Mayor and Borough Clerk are authorized to execute a grant agreement with Morris County, and a lease Agreement with the Masonic Lodge. The Borough also certifies to the availability of any required matching funds, understanding that the required match will be approximately $132,226. PAGE 23 OF 28 Regular Meeting Minutes – March 14, 2022 BE IT FURTHER RESOLVED, that the persons whose names, titles, and signatures appear below are authorized to sign the application, and that they or their successors in said titles are authorized to sign the grant agreement and any other documents necessary in connection therewith: Robert H. Conley, Mayor Raymond M. Codey, Borough Administrator Elizabeth Osborne, Borough Clerk R 96-2022 RESOLUTION OF THE BOROUGH OF MADISON APPROVING THE PERSON-TO-PERSON TRANSFER OF PLENARY RETAIL DISTRIBUTION LICENSE NUMBER 1417-44-004-010 WHEREAS, an application has been filed for a Person-to-Person Transfer of Plenary Retail Distribution License Number 1417-44-004-010 heretofore issued to TRIC CORP. to MADISON GALLERY, LLC, located at 29 Main Street, Madison, N.J. 07940; and WHEREAS, the submitted application form is complete in all respects, the transfer fees have been paid, and the license has been properly renewed for the current license term; and WHEREAS, the applicant is qualified to be licensed according to all standards established by Title 33 of the New Jersey Statutes, regulations promulgated thereunder, as well as pertinent local ordinances and conditions consistent with Title 33; and WHEREAS, the applicant has disclosed and the issuing authority reviewed the source of all funds used in the purchase of the license and the licensed business and all additional financing obtained in connection with the licensed business. NOW, THEREFORE BE IT RESOLVED that the Borough of Madison Governing Body does hereby approve, effective March 14, 2022 the Person-to- Person transfer of the aforesaid Plenary Retail Distribution license from TRID CORP located at 29 Main Street, to MADISON Gallery, LLC, located at 29 Main Street, Madison, NJ 07940 and does hereby direct the Borough Clerk to endorse the license certificate as follows: “This license, subject to all of its terms and conditions, is hereby transferred to MADISON GALLERY, LLC, effective March 14, 2022. PAGE 24 OF 28 Regular Meeting Minutes – March 14, 2022 R 97-2022 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING MADISON AREA YMCA 5K RUN ON SUNDAY, MAY 22, 2022 WHEREAS, Madison Area YMCA has requested to hold a “5K run” in Madison on Sunday, May 15, 2022, for the benefit of the Madison Area YMCA; and WHEREAS, the run will begin at 9:00 a.m. to 12:00 p.m., at the YMCA parking area, closing a portion of Keep Street, Edgewood Road, Pomeroy Road, Samson Road, Woodland Road, Green Avenue, Kings Road , Prospect Street, East Street and Cross Gates; and WHEREAS, Police Chief Miscia recommends approval of this request. NOW, THEREFORE, BE IT RESOLVED, by the Council of the Borough of Madison, County of Morris, State of New Jersey, that the request of Madison Area YMCA to hold a “5K run” in Madison on Sunday, May 15, 2022, as described herein is hereby approved, subject to any safety requirements imposed by the Madison Police Department. R 98-2022 RESOLUTION OF THE BOROUGH OF MADISON APPROVING THE ANNUAL LITTLE LEAGUE PARADE TO BE HELD ON SATURDAY, APRIL 9, 2022 WHEREAS, Madison Little League has requested permission to hold its annual Little League Parade on Saturday, April 9, 2022, to officially start their 2022 season; and WHEREAS, the parade will begin at 11:00 a.m., and proceed on a route approved by the Madison Borough Police Chief, said route beginning at the intersection of Wilmer Street and Green Village Road, and it will continue down Green Village Road to Main Street, continuing east on Main Street and turn left onto Greenwood Avenue, continuing down Greenwood Avenue where it will conclude at Dodge Field where there will be a brief ceremony at the conclusion of the parade; and WHEREAS, Police Chief Miscia recommends approval of this request. NOW, THEREFORE, BE IT RESOLVED, by the Council of the Borough of Madison, County of Morris, State of New Jersey, that the request of the Madison Little League to hold its annual Little League Parade in Madison on Saturday, April 9, 2022, as described herein is hereby approved, subject to any safety requirements imposed by the Madison Police Department. R 99-2022 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING SUBMISSION OF AN APPLICATION FOR THE NEW JERSEY CLEAN ENERGY PROGRAM COMMUNITY ENERGY PLANNING GRANT PROGRAM PAGE 25 OF 28 Regular Meeting Minutes – March 14, 2022 WHEREAS, a sustainable community seeks to ensure that its environmental, economic and social objectives are balanced and mutually supportive; and WHEREAS, Madison strives to assure clean land, air and water for current and future generations; and WHEREAS, New Jersey’s Energy Master Plan: Pathway to 2050 (“EMP”) established that community-level action is necessary to achieve the state’s goal of 100% clean energy by 2050; and WHEREAS, the New Jersey Board of Public Utilities has created a Community Energy Plan Grant program for municipalities to develop a community energy plan to meet the goals of the state’s Energy Master Plan; and WHEREAS, Madison is invested in developing a community energy plan to help the state achieve the goal of 100% clean energy by 2050; and WHEREAS, the Community Energy Plan Grant program will help Madison to plan for and invest in renewable energy and to work towards a better environment for all residents by using the state’s Energy Master Plan (EMP) as a guide to develop sustainable strategies that increase clean energy production, reduce energy use, and cut emissions. THEREFORE, the Borough Council of Madison has determined that Madison should apply for the aforementioned Community Energy Plan Grant program; and THEREFORE, Madison will commit to providing staff support for the duration of the Community Energy Planning process, including for gathering of relevant data and for convening at least two public meetings. THEREFORE, BE IT RESOLVED, that Borough Council of Madison, State of New Jersey, authorizes the submission of the aforementioned application to the NJBPU Community Energy Plan Grant program. R 100-2022 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING DISPLAY OF A FLAG AT THE HARTLEY DODGE MEMORIAL IN SUPPORT OF THE COUNTRY OF UKRAINE WHEREAS, on February 24, 2022, Vladimir Putin launched an unjustified invasion on the sovereign and free country of Ukraine, and WHEREAS, the Russian military has launched attacks on civilians, hospitals, nuclear power plants and even humanitarian corridors as Ukrainians fled the attacks, and WHEREAS, at this point more that 2 million Ukrainians have fled the country they love, and PAGE 26 OF 28 Regular Meeting Minutes – March 14, 2022 WHEREAS, many who have remained are now in cities with basic needs such as water, electricity and food cutoff by the Russian army, and WHEREAS, many have stayed behind to fight bravely for their homeland, and WHEREAS, to date thousands of Ukrainian soldiers and civilians have been killed in this senseless invasion, and WHEREAS, the Mayor and Administration have recommended that the Ukrainian Flag be flown on the flagpole at the Hartley Dodge Memorial in a show of support for the Ukrainian people during this unprovoked time of war; and WHEREAS, a flag raising ceremony, which included three Ukrainian Drew students took place at the Hartley Dodge Memorial on Monday, March 7, 2022, in support of the Ukrainian people; and WHEREAS, the Council commends and endorses the flag raising ceremony. 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 Council hereby approves flying of the Ukrainian National flag for thirty (30) days at the Hartley Dodge Memorial. UNFINISHED BUSINESS - None APPROVAL OF VOUCHERS On motion by Mr. Landrigan, 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 $283,854.00 General Capital Fund 389.99 Electric Operating Fund 88,562.50 Electric Capital Fund 4,900.00 Water Operating Fund 24,472.55 Water Capital Fund 2,129.00 Trusts 16,764.15 Total $421,072.19 The following roll call vote was recorded approving the aforementioned vouchers: Yeas: Ms. Byrne, Mr. Hoover, Ms. Coen, Ms. Ehrlich, Mr. Landrigan, Mr. Range Nays: None NEW BUSINESS Mayor Conley announced the following appointment of Board of Education Representatives and requests Council confirmation: PAGE 27 OF 28 Regular Meeting Minutes – March 14, 2022 DDC - Stephen Tindall RAC - David Irwin Sustainability - Sarah Fischer Complete Streets - Grace Kim Ms. Byrne moved confirmation of the foregoing appointments. Mr. Range seconded the motion, which passed with a unanimous voice call vote recorded. ADJOURN There being no further business to come before the Council, the meeting was adjourned at 10:40 p.m. Respectfully submitted, Elizabeth Osborne Borough Clerk Approved May 9, 2022 (EO) PAGE 28 OF 28