Mayor & Council

MINUTES OF A REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF MADISON November 14, 2022 – 7:30 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 November, 2022. Mayor Conley called the meeting to order at 7:30 p.m., in the Committee Room of the Hartley Dodge Memorial, Kings Road, in the Borough of Madison. STATEMENT IN COMPLIANCE WITH THE OPEN PUBLIC MEETINGS ACT The Borough Clerk read the statement pursuant to the Open Public Meetings Act: “In compliance with the Open Public Meetings Act, adequate notice of this meeting of the Council was provided by transmitting a copy of the meeting notice to the Madison Eagle and Morris County Daily Record, posting a copy on the bulletin board at the main entrance of the Hartley Dodge Memorial, and filing a copy in the office of the Clerk, all on January 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 Thomas Haralampoudis, Council Member-Elect 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 Mr. Landrigan moved: RESOLVED, that the meeting be adjourned to an Executive Session to consider the following matters: MINUTES FOR APPROVAL (1) October 24, 2022 Date of public disclosure 60 days after conclusion, if disclosure required. CONTRACT MATTERS (1) ANIMAL CONTROL SERVICES Regular Meeting Minutes – November 14, 2022 Date of public disclosure 60 days after conclusion, if disclosure required. PERSONNEL MATTERS (1) SEWER DEPARTMENT FOREMAN Date of public disclosure 90 days after conclusion, if disclosure required. LITIGATION MATTERS (1) DREW UNIVERSITY Date of public disclosure 60 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 passing of Madison residents Lucy Paolella and Alice Margaret McGuire APPROVAL OF MINUTES Mr. Range moved approval of the Regular Minutes of October 12, 2022. Ms. Byrne seconded the motion, which passed with a unanimous voice call vote recorded. Ms. Coen moved approval of the Executive Meeting Minutes of October 24, 2022. Mr. Range seconded the motion, which passed with a unanimous voice call vote recorded. GREETINGS TO PUBLIC Mayor Conley made the following comments: Mayor Conley noted the return of the newly restored President George and Martha Washington portraits to the Council Chamber, and congratulated Council member Ehrlich and resident Thomas Haralampoudis on their resent victory at the general election. Mayor Conley also thanked candidates Lenora Clark and Matthew Van Natten for their efforts. EMPLOYEE OF THE MONTH FOR NOVEMBER Director of Downtown Development, Lisa Ellis, for the additional effort necessary to reschedule Bottle Hill Day. Mayor Conley presented the following proclamation to members of the Madison Historical Society in recognition of their 100th Anniversary. Proclamation of the B o r o u g h o f M a d i s on In Recognition of the 100th Anniversary of the Madison Historical Society PAGE 2 OF 18 Regular Meeting Minutes – November 14, 2022 WHEREAS, the Madison Historical Society was founded in 1922 by a group of civic- minded citizens committed to saving one of the most historic structures in Madison, known as the “Waverly House” or “Madison House,” which stood at the corner of Main Street and Waverly Place; and WHEREAS, the inn served as a stagecoach stop between Paulus Hook (now Jersey City) and Morristown and in 1825 one of the patrons was Marquis de Lafayette, a French military officer who served under George Washington; and WHEREAS, in 1922, after the First National Bank purchased the inn’s property for a new building, several residents raised funds to move the tavern further down Main Street to prevent it from being torn down; and WHEREAS, after the move took place in 1923, it was renamed “Bottle Hill Tavern” and became home to the Historical Society until the late 1940s when the Society moved to the old Madison Public Library which is currently the Museum of Early Trades and Crafts; and WHEREAS, after a period of not having a home in the late 1950s, the Society moved to their current home in the Madison Public Library in 1969; and WHEREAS, earlier this year, the Historical Society solidified an arrangement to open a museum at Hartley Dodge Memorial to display their collection of historical documents, maps and photographs; and WHEREAS, currently, the Historical Society is working on an update of the 1985 Madison history book, “The Madison Heritage Trail” to include recent history; and WHEREAS, the Historical Society offers historical plaques for homes in Madison built before 1900 and to date has distributed over 100 plaques; and WHEREAS, the Historical Society plans to begin an oral history project in 2023 to record memories of long term Madison residents. NOW, THEREFORE, I, Robert H. Conley, Mayor of the Borough of Madison, on behalf of the governing body, do hereby recognize the 100th Anniversary of the Madison Historical Society and thank them for their work preserving Madison’s history and educating our residents about this history. _________________________________ Robert H. Conley, Mayor November 14, 2022 REPORTS OF COMMITTEES Utilities Mr. Landrigan, Chair of the Committee, made the following comments: The Electric Department replaced three (3) aging Utility Poles – one (1) at the intersection of Park Avenue and North Street, one (1) on Highland Avenue, one (1) on North Street. The Department also transferred equipment onto the new poles and fixed the heaters at the James Park Substation. The Department also removed the meter and pulled back the service lines at 18 Madison Avenue, in preparation for demolition. The Electric Department is getting all of the holiday wreaths ready to be hung on the Victorian Lamp Posts throughout town, starting the week of November 14th, and will be cutting down the town Christmas tree, donated by a family on PAGE 3 OF 18 Regular Meeting Minutes – November 14, 2022 Pomeroy Road. The Water Department reminds residents to please shut off all outside faucets and have irrigation systems blown out by a sprinkler company. Also, remove all hoses from anti-frost faucets. The recreation faucets in the Borough’s parks and dog fountains in the downtown area will be shut off and closed for the winter. This includes the Dog Park on Rosedale Avenue. Public Safety Ms. Byrne, Chair of the Committee, made the following comments: During the month of October the Fire Department responded to fifty five fire related incidents and forty nine medical calls for total of 104 incidents for the month October. Madison's new Engine 3 was placed into full service on Tuesday, November 8th. Fire Department personnel have been mounting equipment and training with new apparatus since she arrived in August. A spring 2023 wetdown is being planned. The Madison Fire Department applied for and was awarded a $22,000 grant from the "American Rescue Plan Firefighter Grant". This grant is to help ensure that our firefighters are properly protected against the threats of the COVID-19 virus. Access to funding to purchase the appropriate gear, clothing, and equipment is critical for the mental and physical health of our firefighters. The Madison Police Department, Bike Unit, recently took possession of a new battery operated patrol bicycle. The bike was generously donated by Pedego Electric Bikes here in Madison, located at 82 Main Street. The Traffic Safety Unit would like to inform residents to please be cognizant of your leaf piles in front of your residence. Please ensure that the piles are tight to the curb and do not infringe on the lanes of travel where they would be a hazard to vehicles. With the annual Christmas Parade next Friday night November 25th, the department will have a full complement of officers present on scene and safety measures will be in place to ensure that everyone will feel secure. Community Affairs Mr. Hoover, Chair of the Committee, made the following comments: The next meeting of the Downtown Development Commission will be held on November 17th at 7:15 p.m. all are welcome to attend. Rosie the Rose City Reindeer will once again be in the downtown this holiday season. Visit the Chamber website for details. The Chamber of Commerce will hold 10 days of festive events beginning November 25th. Finance and Borough Clerk Ms. Coen, Chair of the Committee, made the following comments: The third quarter taxes were due November 10th and the Tax Collector reports that 95% have been paid, Delinquent notices were mailed today. The department is now located on the second floor of the Hartley Dodge Memorial. There is an elevator located next to the municipal court. Tonight, Mr. Burnet will present the annual Best Practices later this evening. Public Works and Engineering Ms. Ehrlich, Chair of the Committee, made the following comments: The Engineering Department reports near completion of the roof project at the Madison Public Library and a relocation plan, for the staff and materials, is underway before the additional interior construction. The Department of Public Works continues leaf pick up daily until the end of the season. The Department will help with street closures for the parade. A resolution to appoint a new Sewer Foreman is listed on tonight’s agenda. PAGE 4 OF 18 Regular Meeting Minutes – November 14, 2022 Health Mr. Range, Chair of the Committee, made the following comments: New COVID-19 booster vaccines are available to the Madison Health Department that will help protect against the earlier alpha variant as well as the Delta, BA.4 and BA.5, BQ1 and BQ1.1. Flu Vaccine Clinics were held in October. If you missed contact the Health Department or visit your local pharmacy. With the Thanksgiving Holiday next week, residents are reminded to practice safe food handling. COMMUNICATIONS AND PETITIONS The Borough Clerk announced receipt of the following communications: Email dated November 2, 2022, from Scott Spelker of Highview Terrace, supporting the Mayor and Council’s efforts to preservation of the Drew Forest. 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 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, offered her support of the MRC Solar Car port project and for an increase in water rates for high consuming residential customers. Since no member of the public wished to be heard, the invitation for discussion was closed. AGENDA DISCUSSIONS 11/14/2022-1 MUSEUM OF EARLY TRADES & CRAFTS RESTORATION UPDATE Deborah Farrar Starker, Executive Director of the METC, provided an update of construction including the modern viewable storage collections facility at the museum, noting the new storage collections facility is part of the 2012 Preservation Plan. Ms. Starker thanked the Mayor and Council for their support of the Museum. 11/14/2022-2 DODGE FIELD PLAYGROUND PROJECT UPDATE 10/12/2022-1 Ms. Coen noted that she had hoped to have design information to share at this evening’s meeting, but should have for the next, as well as review by the committee and Council. A summer 2023 time frame for opening of the new playground is still possible. 11/14/2022-3 DIVERSITY, EQUITY AND INCLUSION COMMITTEE- D. Coen Ms. Coen proposed a new ad hoc committee to act as an advisory committee for 2023, to plan events and propose aspects of diversity in the Borough, Boards and committees and council, with review of the committee in the fall of 2023. 11/14/2022-4 2022 BEST PRACTICES CHECKLIST Mr. Burnet noted that annually the State requires discussion of the Best Practices checklist, which was submitted November 7th. The Borough scored 34, which is well above the score of 24 required for full state aid. PAGE 5 OF 18 Regular Meeting Minutes – November 14, 2022 11/14/2022-5 MRC SOLAR CARPORT PROJECT – J. Burnet Mr. Burnet provided information regarding a proposed solar carport project at the Madison Recreation Center, explaining the revised Inflation Reduction Act now permits government entities and not for profits to receive 30% to 40% federal subsidy for solar installations. This changes the financial viability of the project. Buying, building and owning the facility is a better option for the Borough. Mr. Burnet recommended introduction of an ordinance in the amount of $89,000.00 to award a contract to Talva Energy for this project. Ordinance 47-2022 is listed for introduction. 11/14/2022-6 WATER RATE INCREASE FOR HIGH CONSUMING RESIDENTIAL CUSTOMERS Mr. Burnet noted that there are a small number of residential customers that consume a significant amount of water. These customers consume between 800 and 8,000 gallons of water each day. Jim Trimble, Customer Serviceman, noted the rate in Madison are far lower than in surrounding towns. There was discussion of rates and adding a new rate for water consumption of 10,000 cubic feet per quarter. ADVERTISED HEARINGS The ordinance scheduled for hearing tonight was submitted in writing at a Regular meeting of the Mayor and Council held on October 12, 2022, was introduced by title and passed on first reading, was 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 46-2022 ORDINANCE OF THE BOROUGH OF MADISON AMENDING SECTION 56-4 OF THE BOROUGH CODE TO SET ANNUAL ALCOHOLIC BEVERAGE LICENSE FEES FOR A THEATER EXCEPTION LICENSE #37 WHEREAS, the Borough Council has determined that an Alcoholic Beverage License #37 – Theater Exception should be issued in the Borough of Madison; and WHEREAS, the Borough Clerk has determined that there is a need to amend the Borough Code to reflect a Theater Exception License # 37, and set annual fees. NOW, THEREFORE, BE IT ORDAINED by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, that Chapter 56 of the Borough Code entitled “Alcoholic Beverages” shall be amended as follows: SECTION 1: § 56-4 Fees established. Annual fees for licenses to sell alcoholic beverages in the Borough of Madison, shall be as follows: PAGE 6 OF 18 Regular Meeting Minutes – November 14, 2022 …… D. Plenary Consumption License - Theater Exception #37: $250.00 SECTION 2: All other provisions of the Ordinance not inconsistent herewith shall remain the same. Mayor Conley opened up the public hearing on Ordinance 46-2022. Dee Billia, Interim General Manager, The Shakespeare Theatre of New Jersey, noted the benefits of a Theatre Exception license to the Shakespeare Theatre and thanked the Mayor and Council for their consideration. Since no other member of the public wished to be heard, the public hearing was closed. Ms. Coen moved that Ordinance 46-2022, which was read by title, be finally adopted. Ms. Byrne seconded the motion. There was no Council discussion, and the motion passed with the following roll call vote recorded: Yeas: Ms. Byrne, Mr. Hoover, Ms. Coen, Ms. Ehrlich, Mr. Landrigan, Mr. Range Nays: None Mayor Conley declared Ordinance 46-2022 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. Chris Hepburn; Harwick, NJ, noted one additional benefit of the Drew Forest is leaf litter, which is extremely valuable for storing carbon, providing food for birds and shelter for pollinators. Ms. Hepburn recommends moving leaves under trees to mulch for the winter. Claire Whitcomb; Fairwood Road, thanked the Mayor and Council and Administration for their support in achieving Sustainable New Jersey Silver Status and attending the luncheon this week in Atlantic City. Ms. Whitcomb encouraged resident to not remove leaves. INTRODUCTION OF ORDINANCES The Clerk made the following statement: Ordinances scheduled for introduction and first reading tonight will have a hearing during the meeting of November 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 PAGE 7 OF 18 Regular Meeting Minutes – November 14, 2022 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 47-2022 ORDINANCE OF THE BOROUGH OF MADISON APPROPRIATING $89,000.00 FROM THE GENERAL CAPITAL IMPROVEMENT FUND FOR SOLAR CARPORT DEVELOPMENT CONSULTING WORK WHEREAS, the Assistant Borough Administrator/CFO has recommended that the Borough appropriate $89,000.00 from the General Capital Improvement Fund for the Madison Recreation Center (MRC) Solar Carport project; and WHEREAS, the Chief Financial Officer has attested to the availability of the funds in the General Capital Improvement Fund in an amount not to exceed $89,000.00 for this purpose; and WHEREAS, the Borough Council has determined that the Borough should appropriate $89,000.00 from the General Capital Improvement Fund for the Madison Recreation Center (MRC) Solar Carport project. 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 $89,000.00 is hereby appropriated from the General Capital Improvement Fund for the Madison Recreation Center (MRC) Solar Carport project. SECTION 2: The budget of the Borough is hereby amended to conform with the provisions of this Ordinance. SECTION 3: This Ordinance shall take effect as provided by law. Ms. Ehrlich moved that Ordinance 47-2022, which the Borough Clerk read by title, be adopted. Ms. Coen 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 48-2022 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 PAGE 8 OF 18 Regular Meeting Minutes – November 14, 2022 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 .... § 134-2. I d e n t i f i c a t i o n o f l o t s a n d a r e a s A. (9) Section removed in the entirety. § 134-6. Use regulations for individual lots. E. Green Avenue Lot. Parking hours and limitations designated as follows: (2) Ten marked paces designated for merchant/employee parking, Monday through Saturday, between 7:00 a.m. and 2:00 a.m.: these paces are reserved for vehicles owned by persons who own of 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. .... I. Section removed in the entirety. Ms. Byrne moved that Ordinance 48-2022, which the Borough Clerk read by title, be adopted. Ms. 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 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. Mr. Hoover seconded the motion. There was no Council discussion and the motion passed with the following roll call vote recorded: PAGE 9 OF 18 Regular Meeting Minutes – November 14, 2022 Yeas: Ms. Byrne, Mr. Hoover, Ms. Coen, Ms. Ehrlich, Mr. Landrigan, Mr. Range Nays: None R 291-2022 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING AWARD OF AN AGREEMENT WITH ANIMAL CONTROL SOLUTIONS, LLC FOR ANIMAL CONTROL SERVICES WHEREAS, the Borough Health Officer and Borough Administrator have recommended that an Agreement be executed with Animal Control Solutions, LLC, for animal control services; and WHEREAS, the Borough of Madison shall pay Animal Control Solutions, LLC, for services in an amount not to exceed $34,800.00 in 2023, as described in the attached Agreement; and WHEREAS, the proposed Agreement would be for a period of three years, commencing on January 1, 2023 and terminating on December 31, 2025, with a provision that either party may terminate its participation in the Agreement by giving the other party written notice in advance pursuant to the Agreement. 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 an Agreement with Animal Control Solutions, LLC as described herein in a form approved by the Borough Attorney. R 292-2022 RESOLUTION OF THE BOROUGH OF MADISON RESCINDING RESOLUTION 316-2021 AWARDING A CONTRACT TO UNITED FORD, LLC FOR THE PURCHASE OF A 2022 FORD F150 HYBRID TRUCK UNDER THE EDUCATIONAL SERVICES COMMISSION OF NJ ESC WHEREAS, Resolution 316-2021 authorized a contract to be awarded to United Ford, LLC of Secaucus NJ, for the purchase of a Ford F150 Hybrid Truck and Accessories, in the amount of $42,756.49, under the Educational Services Commission of NJ ESC Co-Op #65MCESCCPS-ESCNJ 20/21-09; and WHEREAS, United Ford, LLC is unable to fulfill the order; and WHEREAS, the Qualified Purchasing Agent has recommended that Resolution 316-2021 be rescinded to allow for purchase of a hybrid vehicle through another cooperative pricing system; and WHEREAS, the Mayor and Council have determined that Resolution 316- 2021 should be rescinded, and the contract with United Ford, LLC should not be executed. PAGE 10 OF 18 Regular Meeting Minutes – November 14, 2022 NOW, THEREFORE, BE IT RESOLVED by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, that Resolution 316- 2021, awarding a contract to United Ford, LLC, under the Educational Services Commission of NJ ESC Co-Op #65MCESCCPS-ESCNJ 20/21-09 is hereby rescinded. R 293-2022 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING THE NEGOTIATION OF A CONTRACT FOR THE PURCHASE OF NEW, UNUSED TRANSFORMERS FOR THE ELECTRIC UTILITY WHEREAS, the Borough of Madison publicly advertised for bids for the purchase of New, Unused Transformers on two (2) occasions; and WHEREAS, no bids were received on both occasions; and WHEREAS, the Qualified Purchasing Agent and Borough Attorney have determined that a contract should be negotiated for the purchase of New, Unused Transformers in accordance with N.J.S. A. 40A:11.5(3); and WHEREAS, the Borough Council has determined to approve the request to negotiate a contract for the purchase of New, Unused Transformers. NOW, THEREFORE, BE IT RESOLVED by the Borough Council of the Borough of Madison, in the County of Morris and State of New Jersey, that the Assistant Borough Administrator/CFO and Qualified Purchasing Agent are hereby authorized to negotiate a contract for the Purchase of New, Unused Transformers for the Electric Utility in accordance with N.J.S.A 40A:11.5(3). R 294-2022 RESOLUTION OF THE BOROUGH OF MADISON APPOINTING NICHOLAS SANTANGELO TO THE POSITION OF FOREMAN IN THE MADISON SEWER DEPARTMENT EFFECTIVE SEPTEMBER 23, 2022 WHEREAS, the Director of Public Works and the Personnel Director have recommended promoting Nicholas Santangelo, to the position of Foreman in the Sewer Department of the Public Works Department; and WHEREAS, the Foreman assures Public Sewer Operating requirements are being met as a licensee pursuant to N.J.S.A. 58:11-64 et seq.; and WHEREAS, the Borough Council agrees with this recommendation. NOW, THEREFORE, BE IT RESOLVED, by the Council of the Borough of Madison, County of Morris, State of New Jersey, that Nicholas Santangelo is hereby appointed to the position of Foreman in the Sewer Department of the Public Works Department, effective September 23, 2022, to be compensated in accordance with the current applicable Collective Bargaining Agreement. PAGE 11 OF 18 Regular Meeting Minutes – November 14, 2022 R 295-2022 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING PAYMENT IN THE AMOUNT OF $47,818.82 TO PERSISTENT CONSTRUCTION, INC. FOR SIDEWALK/CELLARWAY REPLACEMENT COMPLETED ON AN EMERGENCY BASIS WHEREAS, the Borough Engineer has previously advised the Council that the sidewalk/cellarway at 50-52 Main Street required emergency repair in order to protect the health and welfare of the public; and WHEREAS, $47,818.82 was required to repair the sidewalk/cellarway on an emergency basis, pursuant to N.J.S.A 40A:11-6, and WHEREAS, the Borough Engineer engaged the services of Persistent Construction, Inc., to perform the emergency work; and WHEREAS, the Borough Engineer has requested that the Borough authorize payment to Persistent Construction, Inc. in the amount of $47,818.82 for such work which payment is authorized pursuant to N.J.S.A 40A:11-6(b); and WHEREAS, the Borough Council has determined to authorize payment in the amount of $47,818.82 for the emergency services; and WHEREAS, the Chief Financial Officer has attested that funds are available in the amount of $47,818.82 for this purpose. NOW, THEREFORE, BE IT RESOLVED by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, that payment in the amount of $47,818.82 is authorized to be made to Persistent Construction, Inc. for the emergency services it performed as described herein. R 296-2022 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING PURCHASE OF A BUILDING DEPARTMENT 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 Building Department 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, Mall Chevrolet, 75 Haddon field Road, Cherry Hill, New Jersey, 08002 has been awarded Educational Services Commission of NJ ESC Co-op #65MCESCCPS - ESCNJ 20/21-09; and WHEREAS, the Construction Official and Qualified Purchasing Agent have recommended that the Borough Council utilize this contract for purchase of 2023 PAGE 12 OF 18 Regular Meeting Minutes – November 14, 2022 Chevy Bolt for the Building Department as follows; under contract NJ ESC CO-OP #65MCESCCPS - ESCNJ 20/21-09; and WHEREAS, the Chief Financial Officer has attested that funds are available in an amount not to exceed $28,475.25 for this purpose, in the Building Department 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. A contract for the purchase of a Building Department vehicle and accessories for $28,475.25 is hereby approved. 2. The Borough Administrator is hereby authorized and directed on behalf of the Borough to execute/ratify a purchase order and contract with Mall Chevrolet, 75 Haddonfield Road, Cherry Hill, New Jersey, 08002, for the purchase of a Building Department vehicle and accessories at a total price not to exceed $28,475.25, in a form acceptable to the Borough Attorney. R 297-2022 RESOLUTION OF THE BOROUGH OF MADISON APPROVING RAFFLES LICENSE APPLICATION SUBMITTED BY SAINT VINCENT MARTYR CHURCH BE IT RESOLVED by the Council of the Borough of Madison, County of Morris, State of New Jersey, that the following application for Raffles License, to be held as listed below, be and the same is hereby approved: SAINT VINCENT MARTYR CHURCH I.D. No. 274-1-812 R.A. No. 1544 – On-Premise 50/50 Date of Raffle – December 10, 2022 R 298-2022 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING SPECIAL EVENT PERMIT TO ALLOW THE USE OF NILES PARK BY COVENANT HOUSE NJ VOLUNTEERS FOR AN OVERNIGHT EVENT ON NOVEMBER 17, 2022 WHEREAS, Covenant House New Jersey has requested permission to use public property on November 17, 2022, for an overnight event at Niles Park; and WHEREAS, the Borough Administrator has recommended that such permission be granted; and WHEREAS, Covenant House has submitted a Special Event Permit Application to the Borough, paid all fees and provided a Certificate of Liability Insurance naming the Borough of Madison as an additional insured; and WHEREAS, the Borough Council agrees with this recommendation. PAGE 13 OF 18 Regular Meeting Minutes – November 14, 2022 NOW, THEREFORE, BE IT RESOLVED, by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, that Covenant House New Jersey is hereby given permission to use Niles Park, November 17th, 2022, for an overnight event, subject to such safety requirements as may be directed by the Madison Police Department and/or Fire Department. R 299-2022 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING A CHRISTMAS TREE SALE AT DODGE FIELD NOVEMBER 19, 2022 THROUGH DECEMBER 23, 2022 WHEREAS, the Rotary Club of Madison has requested permission to use a portion of Dodge Field, November 19, 2022 through December 23, 2022, Monday through Friday, between the hours of 3:00 p.m. and 9:00 p.m., and Saturdays and Sundays, 9:00 a.m. and 6:00 p.m., to hold a Christmas Tree Sale; and WHEREAS, the funds raised will be dedicated to supporting their charitable and community initiatives; and WHEREAS, the Borough Administrator has recommended that such permission be granted; and WHEREAS, the Borough Council agrees with this recommendation. NOW, THEREFORE, BE IT RESOLVED, by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, that the Rotary Club of Madison is hereby given permission to use a portion of Dodge Field, November 19, 2022 through December 23, 2022, Monday through Friday, between the hours of 3:00 p.m. and 9:00 p.m., and Saturdays and Sundays, 9:00 a.m. and 6:00 p.m., to hold a Christmas Tree Sale, subject to such safety requirements as may be directed by the Madison Police Department and/or Fire Department and adequate insurance coverage indemnifying the Borough from liability. R 300-2022 RESOLUTION OF THE BOROUGH OF MADISON APPROVING AN ADDITIONAL ONE YEAR MORATORIUM ON ANNUAL FEE INCREASES FOR PARKING PERMITS AND AUTHORIZING A SPECIAL NON-RESIDENT COMMUTER PARKING PERMIT FOR 2023 WHEREAS, Resolution 296-2020 and 248-2021 authorized a moratorium on residential, commuter and tenant parking permit fee increases due to the financial hardship caused by the COVID-19 pandemic; and WHEREAS, the Borough Council wishes to extend the temporary moratorium by waiving the annual fee increase for Commuter Resident and Residential Tenant Parking permit fees for 2023; and PAGE 14 OF 18 Regular Meeting Minutes – November 14, 2022 WHEREAS, the Director of Business Development has also recommended that a Special Non-Resident Commuter Parking Permit for 2023 be continued for use of the Kings Road lot (Lot #3) at an annual fee of $800.00, to be issued after current resident permit holders have renewed their 2023 permits. NOW, THEREFORE, BE IT RESOLVED, by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, that a one-year temporary moratorium on the annual fee increase for residential, tenant and commuter parking permit fees, is approved and a Special Non-Resident Commuter Parking Permit is continued in the Kings Road lot only at a fee of $800.00 for 2023. R 301-2022 RESOLUTION OF THE BOROUGH OF MADISON ACCEPTING DONATION OF AN ELECTRIC BICYCLE FOR THE MADISON POLICE DEPARTMENT WHEREAS, Pedego Electric Bikes of 82 Main Street has generously offered to donate an electric bicycle for use by the Madison Police Department; and WHEREAS, the Borough Council has concluded that it would be in the best interest of the Borough to accept the donation. 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 an electric bicycle for the Madison Recreation Complex, valued at approximately $5,322.94. BE IT FURTHER RESOLVED that the Borough of Madison expresses its gratitude to the owners and staff of Pedego Electric Bikes. R 302-2022 RESOLUTION OF THE BOROUGH OF MADISON PERMITTING RESTAURANT-BARS AND TAVERNS TO REMAIN OPEN UNTIL 2:00 A.M. ON THURSDAY, NOVEMBER 24, 2022 WHEREAS, as part of the Thanksgiving Holiday, the Restaurant-Bars of Madison have requested permission to remain open on Wednesday, November 23, 2022, for the sale of alcoholic beverages for consumption on premises, until 2:00 A.M., Thursday, November 24, 2022; and WHEREAS, the Borough Code provides for a weekday closing time of 1:00 A.M.; NOW, THEREFORE, BE IT RESOLVED, by the Council of the Borough of Madison, County of Morris, State of New Jersey, that Restaurant-Bars and Taverns shall be permitted to remain open on Wednesday, November 23, 2022, for the sale PAGE 15 OF 18 Regular Meeting Minutes – November 14, 2022 of alcoholic beverages for consumption on premises, until 2:00 A.M., Thursday, November 24, 2022. R 303-2022 RESOLUTION OF THE BOROUGH OF MADISON SUPPORTING BILLS S2435, A4473, TO ENHANCE THE STATUTORY REQUIREMENTS GOVERNING LAND USE APPLICATIONS MADE FOR COMMERCIAL AND RESIDENTIAL USE BY EXPANDING THE 10-DAY NOTICE REQUIREMENT TO 21 DAYS FOR ADEQUATE NOTICE WHEREAS, Title 40 of New Jersey State Code, Section 40:55D-12 governs the practices of notices of applications and certain requirements for municipalities across the State of New Jersey; and WHEREAS, Section 40:55D-12 requires applicants to send written notice of a public hearing postmarked at least 10 days prior to the scheduled public hearing to owners of all real property within 200 feet in all directions of the property up for discussion at the hearing; and WHEREAS, residents across the State of New Jersey have too often borne a burden of large-scale development that has negatively impacted the local environment, traffic, public infrastructure, and quality of life; and WHEREAS, the residents across the State of New Jersey have been provided inadequate notice of development proposals, often receiving notice of a land use application just a day or two before the Public Hearing and in some cases after it has already taken place; and WHEREAS, residents deserve adequate notice to review, research, and prepare in order to participate in public hearings pertaining to land use applications; and WHEREAS, the New Jersey League of Municipalities voted in 2019 to support and encourage the introduction of a state bill amending Section 40:55D-12 to require applicants to send written notice of a public hearing postmarked at least 21 days prior to the scheduled public hearing; and WHEREAS, the Borough of Madison in the County of Morris seeks to exemplify best practices as they relate to land use practices, making reforms and in some instances taking on the costs to notify residents with ample time to provide input; and WHEREAS, S2435 and A4473, bipartisan bills introduced by Senators Anthony Bucco and Joseph Cryan in the State Senate and Assembly members Aura Dunn and John McKeon in the State Assembly, would expand the notice requirement to 21 days, providing more transparency to residents, small business owners, and commercial property owners alike and allow the public to more adequately address questions, concerns, or support for land use applications during a public hearing; and NOW, THEREFORE, BE IT RESOLVED, by the Borough Council of the Borough of Madison hereby supports S2435 and A4473, bipartisan bills to enhance protections of residents across the State of New Jersey, by increasing the 10-day notice requirement to 21 days for applications made by private, commercial entities PAGE 16 OF 18 Regular Meeting Minutes – November 14, 2022 for both residential and commercial use, and urges our elected representatives in the State Senate to support its passage; and BE IT FURTHER RESOLVED, that a copy of this resolution be sent to Madison’s legislative representatives, Speaker of the NJ State Assembly, the President of the NJ Senate, the Governor of the State of NJ, the New Jersey State League of Municipalities, and Morris County municipalities. R 304-2022 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING THE USE OF PROSPECT STREET PARKING LOT FOR THE MADISON SANTA HOUSE WHEREAS, the Madison Police Department has recommended that the annual Madison Santa House be displayed in the Prospect Street Parking lot, in the interest of safety; and WHEREAS, the Borough Council agrees with this recommendation. NOW, THEREFORE, BE IT RESOLVED, by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, that the Madison Santa House is authorized to place the holiday display at the Prospect Street public parking lot, from November 19, 2022 through January 6, 2023, subject to such safety requirements as may be directed by the Madison Police Department and/or Fire Department. R 305-2022 RESOLUTION OF THE BOROUGH OF MADISON APPROVING TEMPORARY SIGNS FOR ROTHENBERG ORTHODONTICS NATIONAL THANKSGIVING FOOD DRIVE WHEREAS, Rothenberg Orthodontics has requested permission to put up temporary signs advertising a National Thanksgiving Food Drive on November 15th through November 30th, 2022; and WHEREAS, the signs would be located on public property to promote the Thanksgiving Food Drive; and WHEREAS, the Director of Business Development has recommended that a temporary sign permit be issued. NOW, THEREFORE, BE IT RESOLVED, by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, that the request of Rothenberg Orthodontics to put up temporary signs as described herein from November 15, 2022 to November 30, 2022, is approved. R 306-2022 RESOLUTION OF THE BOROUGH OF MADISON CONFIRMING MEMBERSHIP OF WILLIAM M. ZUKAUKAS IN THE MADISON HOSE COMPANY #1 PAGE 17 OF 18 Regular Meeting Minutes – November 14, 2022 WHEREAS, the Fire Chief has advised that William M. Zukaukas was voted into the Madison Hose Company #1 as a volunteer firefighter; and WHEREAS, Section 18-27 of the Madison Borough Code requires that each person so voted shall be confirmed as a member of such division by the Council of the Borough of Madison. NOW, THEREFORE, BE IT RESOLVED by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, that William M. Zukaukas is hereby confirmed as a member of the Madison Hose Company #1 effective immediately. 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 $684,096.51 General Capital Fund 20,508.46 Electric Operating Fund 227,822.21 Electric Capital Fund 203.27 Water Operating Fund 59,165.76 Water Capital Fund 687,330.00 Trusts 68,001.61 Total $1,747,127.82 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 - None ADJOURN There being no further business to come before the Council, the meeting was adjourned at 10:05 p.m. Respectfully submitted, Elizabeth Osborne Borough Clerk Approved December 12, 2022 (EO) PAGE 18 OF 18