Mayor & Council

MINUTES OF A REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF MADISON November 28, 2022 - 7 p.m. CALL TO ORDER The Regular Meeting of the Mayor and Council of the Borough of Madison was held on the 28th day of November, 2022. Mayor Conley called the meeting to order at 7:00 p.m., in the Committee Room of the Hartley Dodge Memorial, Kings Road, in the Borough of Madison. STATEMENT IN COMPLIANCE WITH THE OPEN PUBLIC MEETINGS ACT The Borough Clerk read the statement pursuant to the Open Public Meetings Act: “In compliance with the Open Public Meetings Act, adequate notice of this meeting of the Council was provided by transmitting a copy of the meeting notice to the Madison Eagle and Morris County Daily Record, posting a copy on the bulletin board at the main entrance of the Hartley Dodge Memorial, and filing a copy in the office of the Clerk, all on January 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 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) None Date of public disclosure 60 days after conclusion, if disclosure required. CONTRACT MATTERS (3) COLLECTIVE BARGAINING UNITS LINCOLN PORTRAIT MADISON VOLUNTEER AMBULANCE CORP. Regular Meeting Minutes – November 28, 2022 Date of public disclosure 60 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. There was a moment of silence for the passing of resident Anthony F. Montagna. APPROVAL OF MINUTES - None GREETINGS TO PUBLIC Mayor Conley made the following comments: Mayor Conley thanked the Toto family, the volunteers and Borough staff for the delightful thanksgiving parade and tree lighting ceremony held Friday, November 25, 2022. REPORTS OF COMMITTEES Utilities Mr. Landrigan, Chair of the Committee, made the following comments: The Electric Department has been busy readying the town for the holiday season. On Monday, November 14th, the Electric Department cut down, transported, and installed the Madison Holiday Tree on Waverly Place. The 40 foot, 4,500 pound Norway spruce donated by the Armstrong family of Pomeroy Road. Tuesday, November 15th through Thursday, November 17th, the Department decorated the tree with lights and hung over 550 wreaths on the Victorian Lamp Posts throughout the downtown area in preparation for the holiday parade and tree lighting on Friday, November 25th. Saturday, November 19th, the stand-by crew was called out for ½ power on Spring Garden Road. The crew determined there were bad connections at the house and full power was restored within one hour. The Department has been working on the electrical upgrade for the new project on Waverly Place, installing new conduit between the manholes. The Water Department replaced a fire hydrant at the intersection of Knollwood Avenue and Hillview Avenue. The existing hydrant had been found to be inoperable during the yearly hydrant flushing and testing program. Public Safety Ms. Byrne, Chair of the Committee, made the following comments: The Madison Police Department would like to thank the Mayor and Council, Borough Administration, Lisa Ellis, the Madison Christmas Committee, and all contributing borough departments and outside agencies who made the 2022 Christmas parade a successful event. The Madison Police Department and Madison PBA Local 92 are once again collecting toys for the Toys for Tots Program. Toys are collected and donated to children at Goreyeb Children’s’ Hospital in Morristown and Summit, as well as needy children in the Madison Area. Donations of new PAGE 2 OF 13 Regular Meeting Minutes – November 28, 2022 unwrapped toys can be dropped off in the Main Lobby of the Madison Public Safety Building at 62 Kings Road – 24 hours per day. Congratulations to Officer Jonathan M. Finocchiaro who was named Madison, NJ Police Officer of the Year following the Madison Christmas Parade. Chief Miscia announced the 1st Annual Chief Vincent D. Chirico Officer of the Year Award was awarded to Patrolman Finocchiaro, following a vote by all department personnel as an employee who inspires Madison Police Officers, based on outstanding performance, positive attitude, professionalism, and dedication to MPD and the community. Community Affairs Mr. Hoover, Chair of the Committee, made the following comments: The next meeting of the Downtown Development Commission will be held on Thursday, December 15th, at 7:15 pm in the Committee Room, 2nd Floor, Hartley Dodge Memorial Building. Special thanks to Madison residents Chuck Ellis and Blair Conley for hanging all of the white lights on approximately the lampposts. The annual Secret Santa Holiday Giveaway begins this Saturday, December 3rd. Shop in Madison, NJ, on four consecutive Saturdays starting December 3rd through December 24th, between 12:00 and 3:00 pm. You may be randomly approached by a special "Secret Santa" and awarded a Madison Gift Check in the amount of $25, $50, or $100. One gift check for each denomination will be handed out to lucky winners each Saturday. The more you shop, the greater your chances to win! In coordination with the Madison Arts & Culture Alliance, the DDC will provide free holiday entertainment on Saturdays. The Chabad of Southeast Morris County Menorah Lighting will take place on Sunday, December 18th, at 5 P.M. at the Madison Train Station on Kings Road. Our primary concern is everyone’s health and safety, and therefore we will be providing a Livestream option so that residents can choose to watch in person or from the comfort of their own homes. View the virtual lighting on YouTube. During the lighting, road closures will take place on Kings Road, between Green Avenue and Prospect Street. Santa will be available for visits and photos in the weeks leading up to Christmas. You can reserve a time to visit Santa at www.RoseCityChristmas.com. Each timed visit will cost $20, which benefits the Madison Christmas Committee. The Madison Area Chamber of Commerce is inviting children to participate in a month-long search to Find Rosie the Rose City Reindeer this holiday season. Beginning Friday, November 25, more than 40 Chamber-member businesses will participate in this creative and fun activity to help highlight the holidays and all that is wonderful about shopping in Madison. This free event is open to the public and for children only. For a list of participating businesses, please visit the Chamber website at MadisonNJChamber.org. Finance and Borough Clerk Ms. Coen, Chair of the Committee, made the following comments: The Tax Collectors office reminds resident to apply for the State “Anchor” tax relief program through December 31st. The Finance Department will hold a 2023 budget presentation at the December 12th Council meeting, regarding the Capital Budget, and the annual cancellation of ordinances will also be on the agenda for December 12th. Public Works and Engineering Ms. Ehrlich, Chair of the Committee, made the following comments: The Department of Public Works has a vendor from Green Machine coming in to demonstrate some electric mowers and blowers for possible purchase next year. PAGE 3 OF 13 Regular Meeting Minutes – November 28, 2022 The Department continues making their way around town for leaf pick up. All sprinkler systems for the parks have been winterized, and has transferred two more trees from the Civic Center to the train station. Health Mr. Range, Chair of the Committee, made the following comments: Morris County’s COVID status is currently low, but increases are expected with the coming holidays. Boosters are available at the Madison Health Department as well as the influenza vaccine. The annual rabies will be held Saturday, December 3, 2022, from 10:00 a.m. until noon, no registration is required. COMMUNICATIONS AND PETITIONS The Borough Clerk announced receipt of the following communications: Letter dated November 23, 2022, from Lois Vuono, of Pine Tree Terrace raising concern regarding the proposed medical Cannabis Dispensary. 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. Since no member of the public wished to be heard, the invitation for discussion was closed. AGENDA DISCUSSIONS 11/28/2022-1 MEDICAL CANNABIS DISPENSARY APPLICATION HEARING 1st Choice Health and Wellness owners and operators presented information regarding a proposed Medicinal Cannabis Dispensary application submitted to operate in the Borough of Madison, noting they are a certified minority-women owned business, and the reasons for choosing Madison as a location. Their intent is it facilitate patient access, create a private, safe and individualized experience. Following questions from the Council regarding signage, criteria for selection by the State and safety measures, Mayor Conley opened the hearing for comments from the audience: The following residents spoke in opposition to the approval of a license for a medicinal cannabis dispensary: Rachel Bourassa; Niles Avenue Joe Kirk; Niles Avenue Mile Walker; Niles Avenue Katie Perkin; Niles Avenue Brendan Radd; Niles Avenue Dean Nimmo; Niles Avenue Suzanne Schrieber; Greenwich Court James Bradley; Niles Avenue Monica Preston; Fairview Avenue Diane Driscoll; Union Hill Road Tom Driscoll; Union Hill Road Sam Ticknor; Union Hill Road Allen Spatola; Rose Avenue PAGE 4 OF 13 Regular Meeting Minutes – November 28, 2022 Corey Verron; Niles Avenue Denis Schreiber; Greenwich Court Bill Lee; Union Avenue Caitlin Santora; Niles Avenue Sue Heffernan; Beverly Road Kerry Cozzolino; Central Avenue Since no member of the public wished to be heard, the hearing closed at 10:08 p.m. Mayor Conley indicated that there would be no action on Resolution 307-2022 at this meeting. Resolution 307-2022 was removed from the Consent Agenda. ADVERTISED HEARINGS Ordinances scheduled for hearing tonight were submitted in writing at a Regular meeting of the Mayor and Council held on November 14, 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 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. PAGE 5 OF 13 Regular Meeting Minutes – November 28, 2022 Mayor Conley opened up the public hearing on Ordinance 47-2022. Since no member of the public wished to be heard, the public hearing was closed. Ms. Ehrlich moved that Ordinance 47-2022, which was read by title, be finally 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 Mayor’s Statement: Mayor Conley declares Ordinance 47-2022 adopted and finally passed and asked the Clerk to publish notice thereof in the newspaper and file the ordinance in accordance with the law. 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 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. .... PAGE 6 OF 13 Regular Meeting Minutes – November 28, 2022 I. Section removed in the entirety. Mayor Conley opened up the public hearing on Ordinance 48-2022. Since no member of the public wished to be heard, the public hearing was closed. Ms. Byrne moved that Ordinance 48-2022, which was read by title, be finally adopted. Mr. Hoover 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 48-2022 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. Colette Crescas; Albright Circle, from the Friends of the Drew Forest, thanked the Mayor, Council and Borough staff for their efforts to preserve the forest. Ms. Crescas also noted the success of the holiday parade held last Friday. Kathleen Caccavale; Fairwood Road, thanked the Mayor and Council for the safe routs to schools resolution for silver certification through Sustainable Jersey. Monica Preston; Fairview Avenue, raise opposition to approval of a license application for a medicinal cannabis dispensary. Mike Walker; Niles Avenue, stated that the Mayor and Council are naive and arrogant to say the medicinal cannabis dispensary is a regulated business. Allen Spatola; Rose Avenue, noted that the Mayor and Council work for the residents of Madison and should be recalled. Since no other member of the public wished to be heard, the invitation for discussion was closed. INTRODUCTION OF ORDINANCES - None CONSENT AGENDA RESOLUTIONS The Clerk made the following statement: Consent Agenda Resolutions will be enacted with a single motion; any Resolution requiring expenditure is supported by a Certification of Availability of Funds; any Resolution requiring discussion will be removed from the Consent Agenda; all Resolutions will be reflected in full in the minutes. PAGE 7 OF 13 Regular Meeting Minutes – November 28, 2022 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: Yeas: Ms. Byrne, Mr. Hoover, Ms. Coen, Ms. Ehrlich, Mr. Landrigan, Mr. Range Nays: None R 307-2022 Resolution removed from the agenda and the # retired. R 308-2022 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING A CONTRACT TO FACILITIES SOLUTIONS GROUP (FSG) UNDER THE INTERLOCAL PURCHASING SYSTEM NATIONAL COOPERATIVE “TIPS” FOR THE PURCHASE OF LED LIGHT FIXTURES WHEREAS, the Borough of Madison may by resolution and without advertising for bids, purchase any goods or services under a cooperative pricing system of which the Borough is a member; and WHEREAS, the purchase of goods and services by a local contracting unit through a cooperative pricing system is authorized by Local Public Contracts Law, N.J.S.A. 40A:11-10, et seq.; and WHEREAS, Facilities Solutions Group (FSG), Inc. of Perth Amboy, New Jersey has been awarded The Interlocal Purchasing System (TIPS) contract # 21060101: Penn Globe LED Light fixtures for lampposts; and WHEREAS, the Borough of Madison anticipates entering into contract, individually or in the aggregate, in an amount not to exceed $38,181.82. NOW, THEREFORE, BE IT RESOLVED by the Borough Council of the Borough of Madison, in the County of Morris and State of New Jersey, as follows: The Borough Administrator is hereby authorized and directed on behalf of the Borough to execute contracts to Facilities Solution Group (FSG), Inc. in an amount not to exceed $38,181.82 under The Interlocal Purchasing System (TIPS) Contract #21060101, contingent on availability of funds. R 309-2022 RESOLUTION OF THE BOROUGH OF MADISON ENDORSING THE NEW JERSEY SAFE ROUTES TO SCHOOL PROGRAM WHEREAS, the Borough of Madison may by resolution and without advertising for bids, purchase any goods or services under a cooperative pricing system of which the Borough is a member; and WHEREAS, the purchase of goods and services by a local contracting unit through a cooperative pricing system is authorized by Local Public Contracts Law, N.J.S.A. 40A:11-10, et seq.; and PAGE 8 OF 13 Regular Meeting Minutes – November 28, 2022 WHEREAS, Facilities Solutions Group (FSG), Inc. of Perth Amboy, New Jersey has been awarded The Interlocal Purchasing System (TIPS) contract # 21060101: Penn Globe LED Light fixtures for lampposts; and WHEREAS, the Borough of Madison anticipates entering into contract, individually or in the aggregate, in an amount not to exceed $38,181.82. NOW, THEREFORE, BE IT RESOLVED by the Borough Council of the Borough of Madison, in the County of Morris and State of New Jersey, as follows: The Borough Administrator is hereby authorized and directed on behalf of the Borough to execute contracts to Facilities Solution Group (FSG), Inc. in an amount not to exceed $38,181.82 under The Interlocal Purchasing System (TIPS) Contract #21060101, contingent on availability of funds. R 310-2022 RESOLUTION OF THE BOROUGH OF MADISON APPROVING RAFFLE LICENSES APPLICATIONS SUBMITTED BY THE MADISON ICE HOCKEY BOOSTER CLUB BE IT RESOLVED by the Council of the Borough of Madison, County of Morris, State of New Jersey, that the following applications for Raffles Licenses, to be held as listed below, be and the same are hereby approved: MADISON ICE HOCKEY BOOSTER CLUB I.D. No. 274-5-40304 R.A. No. 1545 – Off-Premise 50/50 Date of Raffle – February 10, 2023 R.A. No. 1546 – On-Premise Merchandise Date of Raffle – February 10, 2023 R 311-2022 RESOLUTION OF THE BOROUGH OF MADISON SUPPORTING FEDERAL LEGISLATION TO ESTABLISH A GRANT PROGRAM TO FUND STATE AND LOCAL LAW ENFORCEMENT EFFORTS TO COMBAT AUTO THEFTS WHEREAS, nearly 500,000 vehicles worth an estimated $4.5 billion were stolen nationwide in the first half of 2022, representing a 25% increase in thefts compared to the first half of 2019; and WHEREAS, the numbers here in New Jersey have increased faster than the national average, with auto thefts in the state on pace to rise by over 30% from 2020 to 2022; and WHEREAS, car thieves and their organizations have become more emboldened and dangerous, including burglarizing homes, carrying firearms and using stolen vehicles in the commission of violent crimes; and WHEREAS, proposed legislation, the bipartisan Auto Theft Prevention Act, introduced by Representatives Mikie Sherrill and Don Bacon, would provide a dedicated source of funding for state and local law enforcement agencies for PAGE 9 OF 13 Regular Meeting Minutes – November 28, 2022 resources to combat auto thefts under the U.S. Department of Justice’s Community Oriented Policing Services; and WHEREAS, the Department of Justice will be permitted to award funds for equipment such as automated license plate readers, hiring additional law enforcement officers and support staff, additional compensation, resources for joint task forces, data collection, and research activities; and WHEREAS, these are resources that have been identified by local police departments, sheriffs, prosecutors and the Office of the Attorney General of New Jersey as necessary to addressing the rise in auto thefts. NOW, THEREFORE BE IT RESOLVED by the Governing Body of the Borough of Madison in the County of Morris, State of New Jersey, that it strongly supports legislation in regards to funding to address the auto theft epidemic in New Jersey and protect the welfare of our community; and BE IT FURTHER RESOLVED that a certified copy of this resolution be forwarded to Representative Mikie Sherrill and to the New Jersey League of Municipalities. R 312-2022 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING 2022 BUDGET TRANSFERS WHEREAS, certain transfers of funds for various 2022 budget appropriations are necessary to cover anticipated expenditures; and WHEREAS, N.J.S.A. 40A:4-58 provides for transfer of appropriations with an excess over and above the amount deemed necessary to fulfill their purposes to those appropriations deemed to be insufficient; and WHEREAS, the appropriations subject to fund transfers hereby are not within those restricted by N.J.S.A. 40A:4-58 for transfer purposes. NOW, THEREFORE, BE IT RESOLVED, by an affirmative vote of the members of the Council of the Borough of Madison, in the County of Morris, New Jersey, that the Chief Financial Officer is hereby authorized to make transfers between appropriation accounts of the 2022 Municipal Budget as follows: Department Amount Department Amount Requesting Requested Reason for Request Supplying Funds Transferred Transfer in “Fire Department Training, staff “General Liability Overtime” 265- $30,000 coverage, various Insurance” 210- $30,000 120, storms, events and 514 FCOA 25-265-1 emergencies FCOA 23-210 PAGE 10 OF 13 Regular Meeting Minutes – November 28, 2022 “Fire Department Training, staff “Contingent” Overtime” 265- $30,000 coverage, various 470-215 $30,000 120, storms, events and FCOA 35-470 FCOA 25-265-1 emergencies “Fire Department Same as above. “Fire Department Overtime” 265- $10,000 Funds will be taken - Operating” $10,000 120, from FD Operating 265-217 FCOA 25-265-1 “Borough Staff FCOA 15-265-2 Incentive Program” budget line “Community and “General Liability Business $6,000 Additional PT hire Insurance” 210- $6,000 Development – for Arts Center 514 Salary & Wages” FCOA 23-210 104-110, FCOA 170-1 “Shade Tree Arborist related “General Liability Management” $3,000 projects and Insurance” 210- $3,000 Professional application reviews 514 Services FCOA 23-210 303-216 R 313-2022 RESOLUTION OF THE BOROUGH OF MADISON APPROVING RAFFLE LICENSE APPLICATION SUBMITTED BY DREW UNIVERSITY INC 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: DREW UNIVERSITY INC I.D. No. 274-5-23707 R.A. No. 1547 – On-Premise Merchandise Date of Raffle – January 28, 2023 R 314-2022 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING A CONTRACT WITH TALVA ENERGY, LLC FOR PROFESSIONAL SERVICES FOR THE SOLAR CARPORTS PROJECT WHEREAS, the Assistant Borough Administrator/CFO has recommended that a contract be awarded to Talva Energy, LLC, of Manasquan, N.J., to provide professional services to implementing the solar carport(s) initiative at the Madison Recreation Center; and PAGE 11 OF 13 Regular Meeting Minutes – November 28, 2022 WHEREAS, said services would constitute professional services for which a contract may be awarded without the need of competitive bidding pursuant to N.J.S.A. 40A:11-5; and WHEREAS, the Qualified Purchasing Agent has determined and certified in writing that the cost of those services will exceed $17,500.00; and WHEREAS, the Borough Administrator has recommended that the Borough Council award the Contract Talva Energy, LLC in an amount not to exceed $89,000.00, for the solar carport project; and; WHEREAS, Talva Energy, LLC, has submitted to the Borough Qualified Purchasing Agent the required documents to satisfy the requirements of N.J.S.A. 19:44A-20.5, since this matter may be awarded without competitive bidding; and WHEREAS, Talva Energy, LLC has completed and submitted a Business Entity Disclosure Certification which certifies that Talva Energy, LLC has not made any reportable contributions to a political or candidate committee in the Borough of Madison in the previous one year, and that the contract will prohibit Talva Energy, LLC from making any reportable contributions through the term of the contract; and WHEREAS, the Chief Financial Officer has attested that funds will be available in an amount not to exceed $89,000.00 for this purpose, which funds are available in Ordinance 47-2022. NOW, THEREFORE, BE IT RESOLVED by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, as follows: 1. The Mayor and Borough Clerk are hereby authorized to execute, on behalf of the Borough, a contract for professional services with Talva Energy, LLC for the MRC Solar Carport project in an amount not to exceed $89,000.00, such contract to be in a form approved by the Borough Attorney. 2. The Business Disclosure Entity Certification, Political Contribution Disclosure Form and the Determination of Value shall be placed on file with this resolution. 3. The Borough Clerk is hereby directed to publish notice of the adoption of this resolution in the official newspaper of the Borough of Madison within ten (10) days of its adoption pursuant to N.J.S.A. 40A:11-5. R 315-2022 RESOLUTION OF THE BOROUGH OF MADISON CONFIRMING MEMBERSHIP OF BENJAMIN M. STEEL IN THE MADISON HOSE COMPANY #1 WHEREAS, the Fire Chief has advised that Benjamin M. Steel was voted into the Madison Hose Company #1 as a volunteer firefighter; and PAGE 12 OF 13 Regular Meeting Minutes – November 28, 2022 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 Benjamin M. Steel 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 $6,702,432.77 General Capital Fund 161,352.63 Electric Operating Fund 373,888.33 Electric Capital Fund 7,000.00 Water Operating Fund 23,081.68 Water Capital Fund 26,040.80 Trusts 176,172.28 Total $7,469,968.49 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 10:40 p.m. Respectfully submitted, Elizabeth Osborne Borough Clerk Approved December 12, 2022 (EO) PAGE 13 OF 13