Mayor & Council

MINUTES OF A REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF MADISON April 10, 2023 - 7 p.m. CALL TO ORDER The Regular Meeting of the Mayor and Council of the Borough of Madison was held on the 10thday of April, 2023. 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 12, 2023. 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: John F. Hoover Rachael Ehrlich Robert Landrigan Eric Range Thomas Haralampoudis Debra J. Coen, resigned 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. Hoover moved: RESOLVED, that the meeting be adjourned to an Executive Session to consider the following matters: MINUTES FOR APPROVAL (1) March 27, 2023 Date of public disclosure 60 days after conclusion, if disclosure required. Regular Meeting Minutes – April 10, 2023 ATTORNEY/CLIENT MATTERS (1) COUNCIL VACANCY Date of public disclosure 60 days after conclusion, if disclosure required CONTRACT MATTERS (3) LABOR UPDATE MASONIC LODGE HDM EAST WING RENOVATION 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. PERSONNEL MATTERS (1) MFD PERSONNEL Date of public disclosure 90 days after conclusion, if disclosure required Seconded: Ms. Ehrlich 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. APPROVAL OF MINUTES Mr. Hoover moved approval of the Executive Minutes of March 27, 2023. Mr. Range seconded the motion, which passed with a unanimous voice call vote recorded. Mr. Hoover moved approval of the Regular Meeting Minutes of March 27, 2023. 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 with regret a letter from Council Member Debra Coen resigning from Council effective April 10, 2023. Ms. Coen will be recognized at the 2024 Reorganization Meeting. Mayor Coley outlined the process for replacing a Council member. Mayor Conley also noted a productive meeting with the Administration and Trustees of Drew University. Mayor Conley provided the following proclamation to members of Save the Drew Forest PAGE 2 OF 27 Regular Meeting Minutes – April 10, 2023 Borough of Madison Proclaiming EARTH DAY April 22, 2023 WHEREAS, Earth Day was first celebrated on April 22, 1970 with the goal of inspiring an appreciation of our nation’s natural resources thorough conservation and protection; and WHEREAS, Earth Day 1970 led to the establishment of the Clean Air Act, Clean Water Act, Endangered Species Act and the nation’s Environmental Protection Agency; and WHEREAS, on April 22, 1990, the first International Earth Day was observed by 200 million people in 141 nations; and WHEREAS, global challenges continue to grow such as environmental degradation, global health issues, climate change, food and water shortages; and WHEREAS, all life forms on Earth have a right to a healthy, sustainable environment and as caretakers of our planet, we all have an obligation to change the human behaviors that contribute to climate change to preserve the Earth’s beauty and its resources; and WHEREAS, this obligation extends not only to today’s caretakers but also to the future generations of caretakers who will inherit the planet from us; and WHEREAS, this year’s Earth Day theme is, “Invest in Our Planet,” and encourages businesses, governments and citizens to come together to take action against the climate crisis for the health of future generations; and WHEREAS, on Earth Day and every day Madison residents are encouraged to preserve our natural resources by participating in efforts to reduce consumption and waste, recycle, utilize renewable resources, eliminate pollution and conserve water and energy. NOW, THEREFORE, I, Robert H. Conley, Mayor of the Borough of Madison, on behalf of the governing body, do hereby proclaim April 22, 2023 as Earth Day. ________________________________________ Robert H. Conley, Mayor April 10, 2023 REPORTS OF COMMITTEES Community Affairs Mr. Hoover, Chair of the Committee, made the following comments: The Downtown Development Commission will hold its next meeting on Thursday, April 20th, at 7:15 pm in the Hartley Dodge Memorial Building, Committee Room, PAGE 3 OF 27 Regular Meeting Minutes – April 10, 2023 2nd Floor. The public is invited to attend. On Saturday, April 8th Mayor Conley was on hand to cut the ribbon at the grand opening event held at The Town Vets, which is now open for business at 33 Central Avenue. May Day will now be called Madison Green & Clean. It will take place on Saturday, April 29th, from 9:00 to 2 or 3:00 pm. The event will be relatively similar, but we will enhance the format to focus on environmental and Green initiatives. Please email ddc@rosenet.org for more information. As the weather gets warmer, more outdoor dining options will be available at restaurants that have completed the permitting process. The Chamber of Commerce will hold the 2023 Taste of Madison is Monday, April 24, at Brooklake Country Club. Tickets are available for pre-purchase at Gary’s Wine & Marketplace or GarysWine.com. Ladies Night is scheduled for Thursday, May 11th, from 5:30 - 8:30 pm. One of the Madison Community ArtsCenter’s important objectives this year was to connect with programming from all three local universities. As of this past Saturday, that goal was met with a concert by Extensions Dance Project, led by Fairleigh Dickinson alum Kaitlyn Esposito, which included dancers from FDU and an audience consisting of a large portion of FDU students. Since last December, the Center has held a dance event, a music open mic, and a day-long music festival with students from Drew University. The "Don’t Close Your Eyes" Exhibit was presented in partnership with Richard Quinlan from the Center for Holocaust and Genocide Education at St. Elizabeth’s University. On Monday, April 17th, at 2:00 pm, the Film Society of Summit presents "The Power of Community: How One Town Stood against Domestic Violence". The afternoon will include a panel discussion with Kim Clerie, Clinician and Outreach Coordinator for Rachel Coalition, and the film’s director Markie Hancock. Information can be found on the Arts Center landing page of the MACA website. The public is invited to attend. The new exhibit – “Shoulda Been There”- by Haitian-born photographer Patrick Hilaire of black Jazz musicians in performance- is on the walls at the Center until Sunday, May 6th. Finance and Borough Clerk Ms. Coen, Chair of the Committee, resigned. Public Works and Engineering Ms. Ehrlich, Chair of the Committee, made the following comments: The Borough is paying $212,112.50 in bond proceeds, this Friday, representing the interest portion of the Borough Debt that covered the construction of the Public Safety Building, renovations to Hartley Dodge and the purchase of a Fire Truck. The second annual payment for this bond is October 15th of this year. That amount, $1,682,112.50, covers the principal and interest payments. These bonds were originally issued in 2008 and then refinanced in 2014. The Finance Department, Tax Department and Personnel Department are all working on the User Friendly Budget Document. This is a statutorily required document that must be filed with the official state budget. In prior years the User Friendly Budget was due when the municipal budget was introduced. However, the Division of Local Government Services has changed the regulations and now it is due at the same time as the budget hearing. As a reminder, the Council will hold a hearing on our municipal budget on Wednesday evening April 26th. The official state budget document is available for public viewing on Rosenet, and hard copies are available in the Clerk’s Office and at the library. The Sewer Dept. had a pump fail at the Lorraine Rd Station. This is caused by plastic and latex items being disposed into the sewer system. The sewer dept. will be around jetting various sewer lines this week. Please check Rosenet.org for the map and area to be cleaned. Borough mechanics have replaced all the lighting in the Boroughs mechanical shop to LED. It has made a big difference in amount of light that is shed and the LED's are using much less electricity. Spring sports are in full swing and the parks department has PAGE 4 OF 27 Regular Meeting Minutes – April 10, 2023 all fields ready to go. Both bathrooms at Lucy D are have now been refurbished and are in good shape. Utilities Mr. Landrigan, Chair of the Committee, made the following comments: On Friday, March 31st, the Electric stand-by Crew was called to Wilmer Street for a power outage, caused by a squirrel tripping the fuse. On Saturday, April 1st, the Stand-by Crew responded to ½ power at 5 Avon Drive. After inspection, it was determined to be an internal issue on the homeowner’s side. On Tuesday, April 4th, the Stand-by Crew was called out to ½ power at 53 Green Avenue, which was caused by an internal issue. The Department continues to replace aging utility poles and install new utility poles for construction projects all over town. The Department worked on mark-outs and house services, and upgrading the street lights to LED. It is that time of year again! The Water Department turned on drinking fountains and the ball field huts and dug-outs this week. The Madison Pool water has been turned on for the season. The Department will be repairing a leaking valve on Park Avenue, damaged during the valve turning program. Public Safety Mr. Range, Chair of the Committee, made the following comments: Mr. Range noted the difficult week for Public Safety personnel, noting an incident at Citizen Bank and the Academy at the College of St. Elizabeth. The Madison Police Department announced implementing The Blue Envelope Program for our resident drivers with Autism Spectrum Disorder (ASD). The program assists someone with ASD to communicate effectively with police officers and vice versa. More information will be available via social media and Madison Police website. The program was created in Connecticut and now sponsored by the Morris County Chiefs of Police Association. For more information, please visit our police department webpage at https://www.rosenet.org/1453/Blue-Envelope-Program. The Traffic Safety Bureau worked in conjunction with the Motor Vehicle Commission mobile unit on March 27th. The Mobile Unit serviced over 50 people, providing REAL ID, driver’s license renewals, boat licenses, handicap placards and license plate returns. The Community Relations Unit has a scheduled event on May 4th between 10am-12 with resident seniors, to aid them registering for Smart 9-1-1 and Alert MADISON, this is open to all residents. The Fire Department reports that during the month of March the Fire Department responded to 52 fire related incidents and 44 EMS calls for a total of 96 responses for the month. Three Department drills were held. Sixty Fire Prevention inspections were made, and 21 Smoke/Co re-sale certificates were issued. Madison and Florham Park firefighters are at the Morris County Fire Academy training together this evening. They are working together, training in the "Live Burn" building. Health Mr. Haralampoudis, Chair of the Committee, made the following comments: The Board of Health held their monthly meeting on April 3rd. The Board is interviewing interns for the animal census that will take place this summer. Blood Pressure Screening clinics continue on the last Thursday of each month. No appointments are necessary. All public schools are compliant with their annual reportable decease and vaccine information. The Township of Bloomfield announced a new health officer, Essex County Health Officer Maya Lordo. PAGE 5 OF 27 Regular Meeting Minutes – April 10, 2023 COMMUNICATIONS AND PETITIONS The Borough Clerk announced receipt of the following communications: Email dated April 4, 2023 from Pat Rowe, Pine Avenue, regarding interest earned in January, February and March of the current year. Email dated April 3, 2023 from Council Member Debra Coen, resigning from Council effective April 10, 2023. 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 04/10/2023-1 DEPT. HEAD PRESENTATION – DIRECTOR OF BUSINESS DEVELOPMENT Director of Business Development Lisa Ellis updated Council on highlight and goals of the department noting several events and training attended. Working on implementation of the Gateway and Wayfinding project, working with the State of New Jersey on a new NJ Motion Picture & Television Commission project working with municipalities to be film ready, and transitioning to a new Madison Green and Clean Day. Ms. Ellis also noted the Destination Electric, recognition by the New Jersey Department of Environmental Protection, just the fourth in the state. 04/10/2023-2 ELECTRIC UTILITY ORDINANCE AMENDMENTS Mr. Burnet and Utility Customer Serviceman Jim Trimble provided information regarding proposed ordinances noting the main goal is to permit solar installations on Borough, Board of Education and Housing Authority properties. The ordinances also clarify rules and regulation and rates of solar. ADVERTISED HEARINGS Ordinances scheduled for hearing tonight were submitted in writing at a Regular meeting of the Mayor and Council held on March 27, 2023, 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 21-2023 CALENDAR YEAR 2023 ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK (N.J.S.A. 40A: 4-45.14) PAGE 6 OF 27 Regular Meeting Minutes – April 10, 2023 WHEREAS, the Local Government Cap Law, N.J.S. 40A: 4-45.1 et seq., provides that in the preparation of its annual budget, a municipality shall limit any increase in said budget to 2.5% unless authorized by ordinance to increase it to 3.5% over the previous year’s final appropriations, subject to certain exceptions; and, WHEREAS, N.J.S.A. 40A: 4-45.15a provides that a municipality may, when authorized by ordinance, appropriate the difference between the amount of its actual final appropriation and the 3.5% percentage rate as an exception to its final appropriations in either of the next two succeeding years; and, WHEREAS, the Borough Council of the Borough of Madison in the County of Morris finds it advisable and necessary to increase its CY 2023 budget by up to 3.5% over the previous year’s final appropriations, in the interest of promoting the health, safety and welfare of the citizens; and, WHEREAS, the Borough Council hereby determines that a 3.5% increase in the budget for said year, is estimated to be $775,215.60 in excess of the increase in final appropriations otherwise permitted by the Local Government Cap Law, is advisable and necessary; and, WHEREAS the Borough Council hereby determines that any amount authorized hereinabove that is not appropriated as part of the final budget shall be retained as an exception to final appropriations in either of the next two succeeding years. NOW THEREFORE BE IT ORDAINED, by the Borough Council of the Borough of Madison, in the County of Morris, a majority of the full authorized membership of this governing body affirmatively concurring, that, in the CY 2023 budget year, the final appropriations of the Borough of Madison shall, in accordance with this ordinance and N.J.S.A. 40A: 4-45.14, be increased up to 3.5%, amounting to $775,215.60 and that the CY 2023 municipal budget for the Borough of Madison be approved and adopted in accordance with this ordinance; and, BE IT FURTHER ORDAINED, that any amount authorized herein above that is not appropriated as part of the final budget shall be retained as an exception to final appropriation in either of the next two succeeding years; and, BE IT FURTHER ORDAINED, that a certified copy of this ordinance as introduced be filed with the Director of the Division of Local Government Services within 5 days of introduction; and, BE IT FURTHER ORDAINED, that a certified copy of this ordinance upon adoption, with the recorded vote included thereon, be filed with said Director within 5 days after such adoption. Mayor Conley opened up the public hearing on Ordinance 21-2023. Since no member of the public wished to be heard, the public hearing was closed. Mayor Conley opened up the public hearing on Ordinance 21-2023. Since no member of the public wished to be heard, the public hearing was closed. Mr. Hoover moved that Ordinance 21-2023, 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: Mr. Hoover, Ms. Ehrlich, Mr. Landrigan, Mr. Range, Mr. Haralampoudis Nays: None PAGE 7 OF 27 Regular Meeting Minutes – April 10, 2023 Mayor Conley declared Ordinance 21-2023 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 22-2023 ORDINANCE OF THE BOROUGH OF MADISON APPROPRIATING $55,000.00 FROM THE GENERAL CAPITAL IMPROVEMENT FUND FOR THE PURCHASE OF AUTOMATED LICENSE PLATE READERS (ALPR), SECURITY CAMERAS, WIRING AND OTHER RELATED SECURITY EQUIPMENT WHEREAS, the Police Chief has recommended that the Borough appropriate $55,000.00 from the General Capital Improvement Fund towards the purchase of Automated License Plate Readers (ALPR), security cameras, wiring and other related security equipment for the Police Department; and WHEREAS, funds are available in the General 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 $55,000.00 from the General Capital Improvement Fund towards the purchase of Automated License Plate Readers (ALPR), security cameras, wiring and other related security equipment for the 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, as follows: SECTION 1: The amount of $55,000.00 is hereby appropriated from the General Capital Improvement Fund for the purchase of Automated License Plate Readers (ALPR), security cameras, wiring and other related security equipment for the Police 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 22-2023. Since no member of the public wished to be heard, the public hearing was closed. Mayor Conley opened up the public hearing on Ordinance 22-2023. Since no member of the public wished to be heard, the public hearing was closed. Mr. Range moved that Ordinance 22-2023, 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: Mr. Hoover, Ms. Ehrlich, Mr. Landrigan, Mr. Range, Mr. Haralampoudis Nays: None PAGE 8 OF 27 Regular Meeting Minutes – April 10, 2023 Mayor Conley declared Ordinance 22-2023 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 23-2023 ORDINANCE OF THE BOROUGH OF MADISON APPROPRIATING $50,000.00 FROM THE GENERAL CAPITAL IMPROVEMENT FUND FOR THE PURCHASE OF REPLACEMENT HANDGUNS AND RELATED EQUIPMENT FOR THE POLICE DEPARTMENT (MPD) WHICH HAS EXCEEDED ITS SERVICE WARRANTY AND USEFUL LIFE PERIOD WHEREAS, the Police Chief has recommended that the Borough appropriate $50,000.00 from the General Capital Improvement Fund towards the purchase of replacement handguns and related equipment for the MPD, which has exceeded its service warranty and useful life period; and WHEREAS, funds are available in the General 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 $50,000.00 from the General Capital Improvement Fund towards the purchase of replacement handguns and related equipment for the MPD, which has exceeded its service warranty and useful life period. 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: SECTION 1: The amount of $50,000.00 is hereby appropriated from the General Capital Improvement Fund for the purchase of replacement handguns and related equipment for the MPD, which has exceeded its service warranty and useful life period for the Police 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 23-2023. Since no member of the public wished to be heard, the public hearing was closed. Mayor Conley opened up the public hearing on Ordinance 23-2023. Since no member of the public wished to be heard, the public hearing was closed. Mr. Range moved that Ordinance 23-2023, 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: Mr. Hoover, Ms. Ehrlich, Mr. Landrigan, Mr. Range, Mr. Haralampoudis Nays: None PAGE 9 OF 27 Regular Meeting Minutes – April 10, 2023 Mayor Conley declared Ordinance 23-2023 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 24-2023 ORDINANCE OF THE BOROUGH OF MADISON APPROPRIATING $50,000.00 FROM THE GENERAL CAPITAL IMPROVEMENT FUND FOR THE 2023 LICENSED SITE REMEDIATION ACTIVITIES WITHIN MUNICIPAL PROPERTY WHEREAS, the Borough Engineer has recommended that the Borough appropriate $50,000.00 from the General Capital Improvement Fund for the 2023 Licensed Site Remediation activities within municipal property; and WHEREAS, funds are available in the General 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 $50,000.00 from the General Capital Improvement Fund towards for the 2023 Licensed Site Remediation activities within municipal property. 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: SECTION 1: The amount of $50,000.00 is hereby appropriated from the General Capital Improvement Fund for the 2023 Licensed Site Remediation activities within municipal property for the Engineering 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 24-2023. Since no member of the public wished to be heard, the public hearing was closed. Mayor Conley opened up the public hearing on Ordinance 24-2023. Since no member of the public wished to be heard, the public hearing was closed. Ms. Ehrlich moved that Ordinance 24-2023, 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: Mr. Hoover, Ms. Ehrlich, Mr. Landrigan, Mr. Range, Mr. Haralampoudis Nays: None Mayor Conley declared Ordinance 24-2023 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 10 OF 27 Regular Meeting Minutes – April 10, 2023 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. David Duran; North Street, raise concern regarding the managing of the Madison Community Pool, noting lack of transparency and communication. Mr. Duran asked for Council help addressing the pool board. 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 April 26, 2023 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 25-2023 ORDINANCE OF THE BOROUGH OF MADISON AMENDING CHAPTER 94 ATTACHMENT 3, APPENDIX C, ENTITLED “ELECTRIC UTILITY DEPARTMENT RULES AND REGULATIONS” BE IT ORDAINED BY THE COUNCIL OF THE BOROUGH OF MADISON IN THE COUNTY OF MORRIS AND THE STATE OF NEW JERSEY, as follows: Chapter 94 Attachment 3, Appendix C entitled “Electric Utility Department Rules and Regulations” of the “Code of the Borough of Madison” SECTION 6 is hereby amended to read as follows: § 6. Rules for customers with self-generation equipment. CONSULTATION WITH BOROUGH 6.01 It is essential to assure safety of Borough personnel that the customer consults with the Borough Utility before purchasing, constructing, operating, or interconnecting any self- generation equipment. Under no circumstance shall the customer be allowed to install self- generating equipment before the Borough Utility has given consultation, review and approval. GENERAL REQUIREMENT 6.02 No self-generating equipment or facility may be connected to the Borough system without express authorization from the Superintendent of the Electric Utility. To obtain this approval all requirements listed below must be met. PAGE 11 OF 27 Regular Meeting Minutes – April 10, 2023 6.03 Institute of Electrical and Electronics Engineers, specifically IEEE Standard 929- 2000, accredited testing institutions, such as Underwriters' Laboratories, and all applicable municipal, county, and federal codes or regulations must be met. RESIDENTIAL SERVICES 6.04 To begin the solar application process, all requirements listed below must be received by the Borough of Madison Electric Department. An application will not be processed until all required documentation has been received. Applications can be submitted online through Rosenet.org, or by mail addressed to Borough of Madison, Utility Billing Department, 50 Kings Road, Madison, NJ, 07940. - The self-generator shall have a rated capacity of no more than 100% of annual kWh consumption. A PVWatts calculation with the proposed system size is required as proof of estimated annual generation. Upon request, the Borough will provide 12 months of kWh consumption for the proposed solar system size. If this information is obtained independently, customer must provide proof of its accuracy. - Customer must provide two (2) sets of complete plans, including a single-line diagram and details of the proposed protective schemes. A professional engineer or electrical contractor licensed in the State of New Jersey must certify plans. It should be noted that Borough review does not constitute approval of the correctness of customer’s plans. - Customer must provide specifications for the proposed equipment. - Customer must pay the appropriate application fee, either online or by check, as specified in section 94.3 of the Borough Code. 6.05 Customer shall not change any aspect of the operation, the wiring, the controls, or the interconnection of the self-generation equipment without first providing prior written notice to the Borough. All changes or proposed changes shall be subject to Borough review in the same manner as provided in Section 3 above. Customer shall pay all reasonable engineering fees and application fees (up to a maximum established in the Schedule of Rates) incurred by the Borough to review and inspect the proposed installation modification. 6.06 The System shall have a single, outdoor, lockable, visible disconnect switch, accessible at all times to Borough of Madison personnel. If the system is designed to provide uninterruptible power to critical loads, either through energy storage, back- up generator, or the generation source, the System shall include a parallel locking scheme for this backup source. 6.07 Prior to connection to the Borough system, the equipment and interconnection shall be inspected and approved by the Borough’s inspector. Inspections by the Borough shall be undertaken solely for the purpose of determining compliance with the proposed plans and for the safety and integrity of the Borough system. Nothing done by the Borough’s Utility Inspector shall constitute endorsement or approval of the generating system purchased by the customer. 6.08 Prior to interconnection with the Borough system, customer shall enter into a written Interconnection Agreement with the Borough. In addition to the operating provisions contained within these rules, this agreement shall permit unlimited right of entry to the customer’s property for safety reasons or to disconnect whenever the Borough believes PAGE 12 OF 27 Regular Meeting Minutes – April 10, 2023 that continued operation of the self-generation equipment could result in harm to the Borough system or to a customer of the Borough. Borough system employees shall have the right to inspect and test the interconnection facilities during reasonable hours. This agreement shall also require the safe operation of the equipment and such other provisions as are appropriate for the protection of other customers and safe operation of the Borough system. 6.09 The customer shall be responsible for the safe operation of the self-generation equipment and shall be responsible for all costs of repairs, corrections, or updating of the interconnection facilities. 6.10 The customer shall be financially responsible for all costs of interconnection, including the Borough plan review fee, voltage regulation, wiring, labor, special metering, and inspections. The customer shall also be responsible for the cost of periodic testing of the interconnection facilities. 6.11 Once an Interconnection Agreement made between the customer and the Borough has been executed, The Borough of Madison shall credit excess energy generated by a self- generation system to the customer in accordance with the Schedule of Rates established by ordinance. COMMERCIAL SERVICES 6.12 To begin the solar application process, all requirements listed below must be received by the Borough of Madison Electric Department. An application will not be processed until all required documentation has been received. Applications can be submitted online through Rosenet.org, or by mail addressed to the Borough of Madison, Utility Billing Department, 50 Kings Road, Madison, NJ, 07940. 6.13 The self-generator shall have a rated capacity of no more than the lesser of 100% of annual kWh consumption or 100kW. 6.14 The self-generation Commercial customer shall be credited at the applicable rate in Chapter 94, Appendix A under “Applicable to service classifications GSS – General Service (Non-Demand); GS – General Service (Demand); GS-ML - Mid-Level General Service (Demand); GSL-D – Large General Service (Demand).” GOVERNMENTAL ENTITIES 6.15 To begin the solar application process, all requirements listed below must be received by the Borough of Madison Electric Department. An application will not be processed until all required documentation has been received. Applications can be submitted online through Rosenet.org, or by mail addressed to the Borough of Madison, Utility Billing Department, 50 Kings Road, Madison, NJ, 07940. 6.16 The self-generation Governmental Entity customer shall be credited at the applicable rate in Chapter 94, Appendix A under “Applicable to Governmental Entities”. 6.17 The Borough will offer remote net metering to a customer at a net metered location. Remote net metering is an arrangement that allows for the kilowatt-hours generated from a self-generator located at a specific location to be credited towards kilowatt-hour PAGE 13 OF 27 Regular Meeting Minutes – April 10, 2023 consumption as a net metering credit at a different location. The self-generator must be located on property owned by the customer. 6.18 In order to qualify for remote net metering, the customer must be a public entity (such as a state entity, school district, board of education, county, county agency, county authority, municipality, municipal agency or municipal authority) that has multiple facilities with metered accounts to be known collectively as the “remote meters.” The remote meters must all be located within the Borough’s territory and served under the same rate schedule. 6.19 One of the remote meters must operate a self-generator using a net metered account and act as a host customer for remote net metering generating capacity. The host customer may allocate net metering credits to its other remote meters in accordance with the Chapter 94, Appendix A. 6.20 An application for remote net metering must be returned to the Borough for approval. Within the application, the host account must designate the remote meters and the percentage of the net metering credits designated to each of those remote meters. 6.21 The annualized electric generation capability of the self-generator located at the net metered location cannot exceed 100% of the amount of electricity supplied by the Borough to all of the remote meters combined over an annualized period. 6.22 All incremental costs incurred by the Borough resulting from the implementation of remote net metering may be recovered from the remote net metering customer. 6.23 The net metering credit will first be applied to the host account’s electric bill and any remaining credit will be allocated to the remote meters based on the percentage designated by the customer to each of those remote meters. 6.24 In any billing month where the amount of electricity delivered by the net metered location exceeds the electricity supplied by the Borough to the remote meters, the excess kilowatt-hours net metering credit shall be applied to the customer in the next billing month in accordance with the Schedule of Rates established by ordinance. 6.25 The Borough shall establish other regulations and guidelines for self-generating Government Services customers. Mr. Landrigan moved that Ordinance 25- 2023, 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: Mr. Hoover, Ms. Ehrlich, Mr. Landrigan, Mr. Range, Mr. Haralampoudis Nays: None ORDINANCE 26-2023 ORDINANCE OF THE BOROUGH OF MADISON AMENDING CHAPTER 94, APPENDIX A, OF THE BOROUGH CODE ENTITLED “ELECTRIC UTILITY” REGARDING NET METERING PAGE 14 OF 27 Regular Meeting Minutes – April 10, 2023 WHEREAS, the Assistant Borough Administrator/CFO has recommended amendments to the Borough Code to change the criteria for two rate codes, clarify net metering and annual payout process of excess credits, and to create net metering for Government Entities. 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: .... BOROUGH OF MADISON SCHEDULE OF RATES FOR ELECTRIC UTILITY SERVICE CLASSIFICATIONS GSS -- GENERAL SERVICE (NON-DEMAND) Applicable to use of service for: Nonresidential general service purposes at secondary voltage where total consumption does not exceed 2,000 kWh for three 2,500 kWh for six consecutive months. Character of service: Single or three-phase service at secondary voltages. Rate per month: Customer charge: $4.97 Energy charge: $0.2091 per kWh Minimum charge per month: Monthly bills computed under this service classification shall not be rendered for less than the sum of the customer charge; plus applicable additional extension, special facilities, or supplemental customer charges. Term of contract: None, except that reasonable notice of discontinuance will be required. Special provisions: Where the consumption for three six consecutive months exceeds 2,000 2,500 kWh, the customer will be transferred to rate classification GS. Off-peak water heating: Off-peak water-heating rider is available under this classification only for customers presently having this service. ELECTRIC UTILITY BOROUGH OF MADISON SCHEDULE OF RATES FOR ELECTRIC UTILITY SERVICE CLASSIFICATION GS -- GENERAL SERVICE (DEMAND) Applicable to use of service for: Nonresidential general service purposes at secondary voltage where total consumption exceeds 2,000 2,500 kWh for three six consecutive months. Character of service: Single or three-phase service at secondary voltages. PAGE 15 OF 27 Regular Meeting Minutes – April 10, 2023 Rate per month: Customer charge: $9.75 Demand charge: $11.273 per kW Energy charge: $0.1459 per kWh Minimum charge per month: Monthly bills computed under this service classification shall be rendered for the higher of the following: the customer charge plus the demand charges registered in the current month plus the kWh charges in the current month, or the customer charge plus the demand charges for the highest demand established in the preceding 12 months. Determination of demand: The maximum fifteen-minute integrated kilowatt demand during each billing month calculated to the nearest 1/10 kW. Term of contract: None, except that reasonable notice of discontinuance will be required. Special provisions: Multitype service: For utility operating reasons, or for other sufficient reason, the utility may permit both single and three-phase service to be supplied to a customer's premises under this service classification and separately metered, provided that not more than one service of each type will be permitted. Both such services must be included in the contract for service under this service classification. Where the measured total consumption does not exceed 2,000 2,500 kWh per month for a period of 12 consecutive months, the demand charge may be removed and the customer transferred to rate classification GSS. Off-peak water heating: Off-peak water heating-rider is available under this classification only for customers presently having this service. Add/AMEND: ELECTRIC UTILITY 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: Energy Charge: 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. Generation Rate: 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. The self- generation credit shall be credited against the kWh charges and not the Customer Service Charge or any other charges. 2. At the request of the customer, pay the customer 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 before an automatic PAGE 16 OF 27 Regular Meeting Minutes – April 10, 2023 payout is initiated. Provided 30 days’ notice is given, the customer may at any time request a complete payout of their credit balance at the current purchase power rate. Applicable to service classifications GSS – General Service (Non-Demand); GS – General Service (Demand); GS-ML - Mid-Level General Service (Demand); GSL-D – Large General Service (Demand): 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 same kWh rate Madison pays for purchased power. 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. At the request of the customer, pay the customer for credit held at the end of the twelve-payment cycle (April through March) at the current purchase power rate, leaving no outstanding balance. The Borough shall make this payment no later than April 30 of the following year. Applicable to Governmental Entities: C. For the purposes of this schedule of rates, a governmental entity will be defined as a Public Entity such as a state entity, school district, board of education, county, county agency, county authority, municipality, municipal agency or municipal authority. D. The Madison Borough Electric Department will: 1. Credit the self-generation customer for energy the Borough receives at the then- current energy rate charged to the Government Entity 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. The self-generation credit shall be credited against the kWh charges and not the Customer Service Charge, Demand Charges or any other charges. OR 2. If the governmental entity should so choose, the credits accrued at the generation site may be applied to other locations wherein the governmental entity is the account holder but the location is not equipped with a self-generation system, also known as “Remote Net Metering.” To qualify, the governmental entity must: i. Own or lease all land and property that is proposed to be incorporated into a Remote Net Metering plan, and ii. Be the sole account holder for all electric accounts registered with the Borough of Madison which are proposed to be incorporated into a Remote Net Metering plan. .... PAGE 17 OF 27 Regular Meeting Minutes – April 10, 2023 SECTION 2: This ordinance shall take effect, upon final passage and publication as required by law. Mr. Landrigan moved that Ordinance 26-2023, 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: Mr. Hoover, Ms. Ehrlich, Mr. Landrigan, Mr. Range, Mr. Haralampoudis Nays: None ORDINANCE 27-2023 ORDINANCE OF THE BOROUGH OF MADISON AMENDING CHAPTER 94 OF THE BOROUGH CODE ENTITLED “ELECTRIC UTILITY” TO AMEND THE RULES AND REGULATIONS OF THE ELECTRIC UTILITY DEPARTMENT AND SET FORTH REQUIREMENTS, FEES AND RATES FOR CUSTOMERS WHO FEED ELECTRICITY INTO MADISON’S ELECTRICAL SYSTEM WHEREAS, the Assistant Borough Administrator/CFO has recommended amending the Electric Utility Rules and Regulations in order to update rules for customers who feed electricity into Madison’s Electrical System. 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 following schedule shall amend Appendix A, Section 3 to Chapter 94. 94-3 Requirements and fees for customers who install a system to generate and feed electricity into Madison’s electrical system. An electric utility customer who plans to install a generator to produce electricity on the customer side of the meter must comply with Section 6 of the Rules and Regulations of the Electric Utility Department of the Borough of Madison (see Appendix C) and: A. Apply for service under the self-generation rules, pay the plan review fee of $500 at the time of application and obtain the proper construction permits. If resubmission of plans is required, customer must pay a fee of $250 for each subsequent submission of plans. B. Acknowledge and accept the terms of this schedule and the rules and regulations regarding the interconnection and operation of a self-generation system. C. Pay for the purchase and installation of a special meter that measures both the amount of energy provided by the Borough and the amount of energy provided by the customer. PAGE 18 OF 27 Regular Meeting Minutes – April 10, 2023 D Enter into an interconnection agreement with the Borough of Madison as provided in Section 6 of the Rules and Regulations of the Electric Utility Department of the Borough of Madison (see Appendix C). SECTION 2. This ordinance shall take effect as provided by law. Mr. Landrigan moved that Ordinance 27-2023, which the Borough Clerk read by title, be adopted. Ms. Ehrlich seconded the motion. There was no Council discussion, and the motion passed with the following roll call vote recorded: Yeas: Mr. Hoover, Ms. Ehrlich, Mr. Landrigan, Mr. Range, Mr. Haralampoudis 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. Hoover moved adoption of the Resolutions listed on the Consent Agenda. Ms. Ehrlich seconded the motion. There was no Council discussion and the motion passed with the following roll call vote recorded: Yeas: Mr. Hoover, Ms. Ehrlich, Mr. Landrigan, Mr. Range, Mr. Haralampoudis Nays: None R 119-2023 RESOLUTION OF THE BOROUGH OF MADISON ADOPTING 2023 CLIMATE ACTION RECOMMENDATIONS WHEREAS, the Madison governing body adopted long-term climate goals through Resolution 63-2023, aligning Madison with New Jersey state goals for greenhouse gas reduction and resiliency through climate adaptation; and WHEREAS, Resolution 63-2023 initiated a recurring Climate Action Process to measure progress, develop recommendations to meet Madison’s climate goals, and present proposed actions to the governing body for adoption; and WHEREAS, the Climate Action Ad Hoc Committee (the “Committee”) presented 2023 Climate Action Recommendations to the Council on February 13, 2023, reporting the work in progress in Madison to meet the climate goals outlined in the 2022 Climate Action Report; and WHEREAS, the 2023 Climate Action Recommendations report identified nine Climate Actions for exploration and implementation in the next 12 to 18 months, including an outline of steps to pursue each action; and PAGE 19 OF 27 Regular Meeting Minutes – April 10, 2023 WHEREAS, these recommendations are the product of the 2022 Climate Action pilot program, during which the Committee consulted with Borough Administration, department heads and staff, and members of other boards and commissions to gauge the feasibility and impact of potential climate actions; and WHEREAS, since the start of Madison’s 2022 Climate Action pilot program, the state of New Jersey has set a goal to accelerate to 2035 the state-wide transition to 100% clean energy; and WHEREAS, the Committee stands ready to pursue the 2023 Climate Action Recommendations to support Madison in reducing demand for fossil fuels, strengthen our community against the impacts of climate change, and act locally to engage in New Jersey’s clean energy transition. 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 attached 2023 Climate Action Recommendations are adopted to demonstrate an ongoing commitment to climate action and help Madison continue the path to achieving the climate goals set forth in the 2022 Climate Action Report. (2). The Committee shall undertake the next steps for each Climate Action Recommendation, partnering with the departments involved to pursue the initiative. (3). The Committee will report on the progress of each initiative through the reports described in the Climate Action Process. R 120-2023 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING PURCHASE OF LAW ENFORCEMENT FIREARMS EQUIPMENT AND ACCESSORIES FOR THE POLICE DEPARTMENT THROUGH THE NEW JERSEY COOPERATIVE PRICING SYSTEM WHEREAS, the Borough of Madison desires to award a contract for the purchase of law enforcement firearms equipment and accessories through the New Jersey Cooperative Pricing System 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, various authorized vendors have been awarded the New Jersey Cooperative Pricing System contract number T-0106/17-FLEET-00739, firearms equipment and accessories; and WHEREAS, the Borough Purchasing Agent has recommended that the Borough Council utilize this contract for the purchase of firearms and accessories; and WHEREAS, the Borough of Madison anticipates entering into contracts, individually or in the aggregate, in excess of $17,500; and PAGE 20 OF 27 Regular Meeting Minutes – April 10, 2023 WHEREAS, funds are available in Ordinance 23-2023, or in any other account that may be deemed appropriate by the Chief Financial Officer or his designee, and the availability of funds has been contingently certified by the Chief Financial Officer. 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 with various authorized vendors for the purchase of law enforcement firearms equipment and accessories is hereby approved. 2. The Borough Administrator is hereby authorized and directed on behalf of the Borough to execute purchase orders in excess of $17,500 under New Jersey Cooperative Pricing System contract number T-0106/17-FLEET-00739. R 121-2023 RESOLUTION OF THE BOROUGH OF MADISON APPROVING THE ISSUANCE OF A PLENARY RETAIL CONSUMPTION LICENSE (THEATRE EXCEPTION) #1417-37-001-001 FOR THE SHAKESPEARE THEATRE OF NEW JERSEY WHEREAS, all fees have been paid, paperwork is complete, and the required background check completed for issuance of a Plenary Retail Consumption License (Theatre Exception) #1417-37-001-001 for The Shakespeare Theatre of New Jersey, 36 Madison Avenue, Madison, New Jersey. 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 initial Application of Plenary Retail Consumption (Theatre Exception) License #1417-37-001-001 of The Shakespeare Theatre of New Jersey, 36 Madison Avenue, Madison, New Jersey is hereby approved. BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the N. J. Division of Alcoholic Beverage Control Commission. R 122-2023 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING A SHARED SERVICE AGREEMENT WITH THE TOWNSHIP OF BERKELEY HEIGHTS TO PROVIDE INFORMATION TECHNOLOGY SERVICES WHEREAS, the Borough of Madison wishes to renew a Shared Services agreement for the provision of Information Technology Support Services, pursuant to the attached contract with the Township of Berkeley Heights; and WHEREAS, the Madison Borough Council has determined to renew said shared services agreement. PAGE 21 OF 27 Regular Meeting Minutes – April 10, 2023 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 and Borough Clerk are authorized to enter into a Shared Services agreement with the Township of Berkeley Heights for the provision of Information Technology Support Services, such agreement to be in a form approved by the Madison Borough Attorney. R 123-2023 RESOLUTION OF THE BOROUGH OF MADISON GRANTING THE SUPPORT NETWORK OF MADISON PERMISSION TO TIE GREEN RIBBONS AROUND TREES ON THE STREETS OF MADISON FROM APRIL 30, 2023 THROUGH MAY 28, 2023 IN SUPPORT OF MENTAL HEALTH MONTH WHEREAS, the members of the Support Network of Madison have requested permission for green ribbons to be tied on Borough street trees on the main streets of the Borough from April 30, 2023 to May 28, 2023 in support of Mental Health Month, May 2023; and WHEREAS, the Borough Council has determined to grant this request with the understanding that the ribbons be removed after June 1, 2023. NOW, THEREFORE, BE IT RESOLVED by the Council of the Borough of Madison, County of Morris, State of New Jersey, that the request for green ribbons to be tied on Borough street trees from April 30, 2023 to May 28, 2023 in support of Mental Health Month, May 2023, is hereby approved. R 124-2023 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING A SHARED SERVICE AGREEMENT WITH THE BOROUGH OF KENILWORTH TO PROVIDE INFORMATION TECHNOLOGY SERVICES WHEREAS, the Borough of Madison wishes to renew a Shared Services agreement for the provision of Information Technology Support Services, pursuant to the attached contract with the Borough of Kenilworth; and WHEREAS, the Madison Borough Council has determined to renew said shared services 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 and Borough Clerk are authorized to enter into a Shared Services agreement with the Borough of Kenilworth for the provision of Information Technology Support Services, such agreement to be in a form approved by the Madison Borough Attorney. PAGE 22 OF 27 Regular Meeting Minutes – April 10, 2023 R 125-2023 RESOLUTION OF THE BOROUGH OF MADISON AWARDING PROFESSIONAL SERVICES CONTRACT TO MOTT MACDONALD AS A LICENSED SITE REMEDIATION PROFESSIONAL FOR SITE REMEDIATION AND COMPLIANCE ACTIVITIES AT VARIOUS MUNICIPAL LOCATIONS WHEREAS, the Borough Engineer has recommended that an environmental remediation consultant be retained for issues arising out of site remediation and compliance activities at various municipal locations (hereinafter the “Contract”); and 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 to Mott MacDonald in an amount not to exceed $50,000.00, as a Licensed Site Remediation Professional for soil remediation issues at various municipal properties; and WHEREAS, Mott MacDonald, 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, Mott MacDonald has completed and submitted a Business Entity Disclosure Certification which certifies that Mott MacDonald 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 Mott MacDonald 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 $50000.00 for this purpose, which funds are available in Ordinance 24-2023. 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 Mott MacDonald as a Licensed Site Remediation Professional for site remediation and compliance activities at various municipal locations in an amount not to exceed $50,000.00, 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. PAGE 23 OF 27 Regular Meeting Minutes – April 10, 2023 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 126-2023 RESOLUTION OF THE BOROUGH OF MADISON APPROVING RAFFLE LICENSE APPLICATION SUBMITTED BY PBA LOCAL 92 CIVIC ASSOCIATION INC. BE IT RESOLVED by the Council of the Borough of Madison, County of Morris, State of New Jersey, that the following applications for Raffles License, to be held as listed below, be and the same is hereby approved: PBA LOCAL 92 CIVIC ASSOCIATION INC I.D. No. 274-8-43112 R.A. No. 1545 – On-Premise Merchandise Date of Raffle – June 29, 2023 R 127-2023 RESOLUTION OF THE BOROUGH OF MADISON CONFIRMING MEMBERSHIP OF DEVIN SCUCCI IN THE MADISON HOOK & LADDER COMPANY #1 WHEREAS, the Fire Chief has advised that Devin Scucci was voted into the Madison Hook & Ladder 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 Devin Scucci is hereby confirmed as a member of the Madison Hook & Ladder Company #1 effective immediately. R 128-2023 RESOLUTION OF THE BOROUGH OF MADISON AWARDING CONTRACT TO NATIONAL WATER MAIN CLEANING COMPANY, INC. IN THE AMOUNT OF $337,777.00 FOR THE SANITARY SEWER CLEANING, TELEVISING AND REPAIR PROGRAM WHEREAS, the Borough of Madison publicly advertised for bids for the Sanitary Sewer Cleaning, Televising and Repair Program (the “Contract”) in accordance with the Local Public Contracts Law, N.J.S.A. 40A:11-1, et seq.; and WHEREAS, the lowest qualified bid was submitted by National Water Main Cleaning Company, Inc. in the amount of $337,777.00; and PAGE 24 OF 27 Regular Meeting Minutes – April 10, 2023 WHEREAS, the Qualified Purchasing Agent and Borough Engineer have recommended that the Borough Council award the contract to National Water Main Cleaning Company, Inc. in the amount of $337,777.00; and WHEREAS, the Chief Financial Officer has attested that funds will be available in an amount not to exceed $337,777.00 for this purpose which funds were appropriated by Ordinance 7-2023. NOW, THEREFORE, BE IT RESOLVED by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, as follows: 1. The contract for the Sanitary Sewer Cleaning, Televising and Repair Program is hereby awarded to National Water Main Cleaning Company, Inc. based upon its bid in the amount of $337,777.00, subject to confirmation of the contract award by the Morris County CDBG Program Director. 2. The Mayor and Borough Clerk are hereby authorized and directed on behalf of the Borough to enter into the contract with National Water Main Cleaning Company, Inc. in a form acceptable to the Borough Attorney. R 129-2023 RESOLUTION OF THE BOROUGH OF MADISON SUPPORTING THE ADOPTION OF ANTI-IDLING ZONE MEASURES BY GOVERNMENT AGENCIES, SCHOOLS, BUSINESSES AND OTHER ORGANIZATIONS WHEREAS, emissions from gasoline and diesel powered vehicles contribute significantly to air pollution, including greenhouse gases, ozone formation, fine particulates, and a multitude of potentially harmful pollutants that can trigger an asthma attack and other ailments; and WHEREAS, asthma is a significant public health concern in New Jersey, especially among children (up to 25% of NJ school age children are asthmatic) and the elderly; and WHEREAS, for every gallon of gasoline use, the average car produces about 20 pounds of carbon dioxide (CO2), the largest contributor to greenhouse climate change, with one-third of greenhouse gas emissions coming from the transportation sector; and WHEREAS, the U.S. Argonne National Laboratory estimates that about 20 million barrels of diesel fuel are consumed each year by idling long-haul trucks (estimated truck emissions total about 10 million tons of CO2, 50,000 tons of nitrogen oxides, and 2,000 tons of particulates); and WHEREAS, we can avoid producing unnecessary greenhouse gas emissions and exposure to air toxics by reducing or eliminating wasteful idling; and WHEREAS, petroleum-based gasoline and diesel fuel are non-renewable fuels and should be wisely used and not wasted; and PAGE 25 OF 27 Regular Meeting Minutes – April 10, 2023 WHEREAS, idling is not generally beneficial to a vehicle’s engine because it wears engine parts; and WHEREAS, idling more than 10 seconds uses more fuel and emits more pollutants than turning a warm engine off and on again ; and WHEREAS, idling more that 10 minutes uses as much fuel as it takes to travel 5 miles; and WHEREAS, vehicle idling occurs in locations (e.g. school grounds, parking lots, drive-through windows, business centers, etc.) where persons can be exposed to air pollutant emissions; and WHEREAS, moving beyond New Jersey’s existing no-idling code of three minutes would significantly improve public health, air quality, reduce costs and greenhouse gas emissions; NOW, THEREFORE, BE IT RESOLVED, that the Borough of Madison Supports the adoption of voluntary “Idle Free Zones” by government agencies, schools, businesses, and other organizations by:  Encouraging any gasoline or diesel powered motor vehicle to turn off their engines after 10 seconds if they plan to remain in that location for more than 30 seconds.  Ensuring idling does not occur at idle-frequent locations such as school drop-off and pick up, drive through windows, gas stations, parking lots, business centers, etc.  Maintaining municipal vehicles to eliminate any visible exhaust.  Enforcing existing violations and penalties under New Jersey’s existing idling code. Supporting broad education of the public about the health, environmental and economic impacts of idling and ways to reduce idling. UNFINISHED BUSINESS - None APPROVAL OF VOUCHERS On motion by Mr. Hoover, seconded by Ms. Ehrlich 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 $261,120.41 General Capital Fund 12,600.00 Electric Operating Fund 99,650.83 Electric Capital Fund 74,906.78 Water Operating Fund 4,310.51 Water Capital Fund 11,837.08 Trusts 18,771.70 Total $483,197.31 The following roll call vote was recorded approving the aforementioned vouchers: Yeas: Mr. Hoover, Ms. Ehrlich, Mr. Landrigan, PAGE 26 OF 27 Regular Meeting Minutes – April 10, 2023 Mr. Range, Mr. Haralampoudis Nays: None NEW BUSINESS - None ADJOURN There being no further business to come before the Council, the meeting was adjourned at 9:50 p.m. Respectfully submitted, Elizabeth Osborne Borough Clerk Approved April 26, 2023 (EO) PAGE 27 OF 27