Mayor & Council

MINUTES OF A REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF MADISON April 26, 2023 - 7 p.m. CALL TO ORDER The Regular Meeting of the Mayor and Council of the Borough of Madison was held on the 26th day 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 March 28, 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, via teleconference Council Members: John F. Hoover Rachael Ehrlich Robert Landrigan Eric Range, via teleconference Thomas Haralampoudis Vacancy Also Present: Raymond M. Codey, Borough Administrator James E. Burnet, Assistant Borough Administrator Elizabeth Osborne, Borough Clerk Gregory Randazzo, 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) April 10, 2023 Date of public disclosure 60 days after conclusion, if disclosure required. CONTRACT MATTERS (2) UTILITY BUILDING ROOF REPAIRS LABOR RELATIONS UPDATE Regular Meeting Minutes – April 26, 2023 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 (3) PROBATIONARY FIREFIGHTER LIST DEPARTMENT HEADS COMPENSATION NON-UNION CONFIDENTIAL EMPLOYEES 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. Haralampoudis moved approval of the Executive Minutes of April 10, 2023. Mr. Hoover seconded the motion, which passed with a unanimous voice call vote recorded. Ms. Ehrlich moved approval of the Regular Meeting Minutes of April 10, 2023. Mr. Landrigan seconded the motion, which passed with a unanimous voice call vote recorded. GREETINGS TO PUBLIC Mayor Conley made the following comments: Mayor Coley noted the success of the Chamber of Commerce ‘Taste of Madison’ this past Monday, and the annual Little League Parade on Saturday, April 29, 2023. Mayor Conley also noted that the vacancy created by the resignation of Council Member Debra Coen will be filled at the May 8, 2023 Council meeting. Mr. Hoover presented the following proclamation to U.S. Postal Service Letter Carrier William Espinosa: Letter Carriers’ Stamp Out Hunger Food Drive Day, May 13, 2023 Proclamation of the B o r o u g h o f M a d i s on Proclaiming Saturday, May 13, 2023 NATIONAL ASSOCIATION OF LETTER CARRIERS FOOD DRIVE DAY PAGE 2 OF 28 Regular Meeting Minutes – April 26, 2023 WHEREAS, hunger affects 1 in 8 Americans, including millions of children, senior citizens and veterans, a reality that is being tackled by the U.S. letter carriers through their food drive which is held annually on the second Saturday in May; and WHEREAS, The Stamp Out Hunger Food Drive is the country’s largest one-day food collection and provides residents with an easy way to donate food to those in need; and WHEREAS, the NALC Food Drive is held in 10,000 cities and towns in all 50 states, the District of Columbia, Puerto Rico, the Virgin Islands and Guam and is helped by many local volunteer groups including the United Way, Salvation Army, Catholic Charities, National Guard units, American Legion and Veterans of Foreign Wars, Boy/Girl Scouts, Rotary Clubs and AARP groups; and WHEREAS, in the 31 years since it began, the food drive has collected about 1.82 billion pounds of food; and WHEREAS, currently, more than 42 million Americans are unsure where their next meal is coming from; and WHEREAS, the timing of this food drive is crucial because the majority of food donations are received during the Thanksgiving and Christmas holiday seasons and by Spring many food banks and pantries are depleted. NOW, THEREFORE, I, Robert H. Conley, Mayor of the Borough of Madison, on behalf of the governing body, do hereby proclaim Saturday, May 13, 2023 as NATIONAL ASSOCIATION OF LETTER CARRIERS FOOD DRIVE DAY, and encourage residents to support the food drive by placing non-perishable food items in or near your mailbox on Food Drive Day. Further, I commend the National Association of Letter Carriers for initiating this humanitarian project that will directly benefit those in need in our community. ____________________________ Robert H. Conley Mayor April 26, 2023 Mr. Hoover presented the following proclamation in honor of Municipal Clerks’ Week to Mrs. Osborne: Proclamation of the B o r o u g h o f M a d i s on Recognizing MUNICIPAL CLERKS WEEK APRIL 30 THROUGH MAY 6, 2023 WHEREAS, the Office of the Municipal Clerk, a time honored and vital part of local government exists throughout the world; and PAGE 3 OF 28 Regular Meeting Minutes – April 26, 2023 WHEREAS, the Office of the Municipal Clerk is the oldest among public servants; and WHEREAS, the Office of the Municipal Clerk provides the professional link between the citizens, the local governing bodies and agencies of government at other levels; and WHEREAS, Municipal Clerks have pledged to be ever mindful of their neutrality and impartiality, rendering equal service to all; and WHEREAS, the Municipal Clerk serves as the information center regarding functions of local government and community; and WHEREAS, Municipal Clerks continually strive to improve the administration of the affairs of the Office of the Municipal Clerk through participation in educational programs, seminars, workshops and the annual meetings of their state, county and international professional organizations; and WHEREAS, it is most appropriate that we recognize the accomplishments of the Office of the Municipal Clerk, notably Elizabeth Osborne, Caridad Reyes, Bonnie Mulcahy and Helene Corlett. NOW, THEREFORE, I, Robert H. Conley, Mayor of the Borough of Madison, on behalf of the governing body, do hereby recognize the week of April 30 through May 6, 2023, as Municipal Clerks Week, and further extend appreciation to our Municipal Clerk, Elizabeth Osborne and her staff, and to all Municipal Clerks for the vital services they perform and their exemplary dedication to the communities they represent. _________________________________ Robert H. Conley Mayor April 26, 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, May 18th, at 7:15 pm in the Hartley Dodge Memorial Building, Committee Room, 2nd Floor. The public is invited to attend. The Nature of Reading Bookstore held its opening day ribbon cutting and reception on Earth Day, Saturday, April 22nd. There is still time to volunteer or enjoy all the great activities at Madison Green & Clean on Saturday, April 29, from 9:00 to 3:00 pm. Get free tree seedlings from Friends of Madison Shade Trees, native oaks, dogwoods, and eastern redbuds. Get trusted advice on leaving the leaves and saving the stems, organic lawn care, providing habitat for pollinators, and more from Madison Environmental Commission members. Chat with a New Jersey Watershed Ambassador about where our drinking water comes from and where rainwater goes. Learn from the Climate Action Committee and Sustainable Madison Advisory Committee about key climate actions for 2023 that are recommended for endorsement by the Borough governing body and steps you can take to lower your energy consumption and reduce carbon dioxide emissions. Talk to Friends of Drew Forest about community-wide efforts to save the Drew Forest. Find out how Quiet Communities is helping towns reduce PAGE 4 OF 28 Regular Meeting Minutes – April 26, 2023 health and environmental harm from noise and pollution. Discover hiking trails and great eco events hosted by Great Swamp Watershed Association. Learn about Environmental Justice by talking to the representatives from Wind of the Spirit. Presentation at the Museum of Early Trades & Crafts Education Annex (23 Main Street). 10:00-11:30 am. Free screening of a recorded talk for Madison by acclaimed ecologist and entomologist Douglas Tallamy, based on his best-selling book Nature's Best Hope: A New Approach to Conservation That Starts in Your Yard. Dr. Tallamy's eye-opening talk, which includes answers to questions from Madison residents, is a must-see! There will be Musical Performances at Hartley Dodge Memorial, 10:00 am - 3:00 p.m. The Madison Area YMCA is hosting our Annual Healthy Kids Day on April 29 from 11:00 am-1:00 pm. Our teen leaders club is going to be planting seedlings at the event, amongst other activities for children and families such as bounce house, sporting games, face painting, and more. It is a free event and open to the community. Only registration is required at FlexReg Program Detail | Madison Area YMCA (activecommunities.com). The Chamber is accepting nominations for this year's Extra Mile Award, an initiative to recognize and celebrate individuals who have provided excellent customer service in our community. Nominations are open to everyone in the community, and we encourage residents, business owners, and visitors to nominate individuals who deserve recognition for their outstanding service. For more information, please visit MadisonNJChamber.com. Ladies Night is scheduled for Thursday, May 11th, from 5:30 - 8:30 pm. The new exhibit at the Community Art Center, “Shoulda Been There” by Haitian-born photographer Patrick Hilaire of black Jazz musicians in performance, is displayed on the walls at the Center until Sunday, May 7th. Starting on May 11th, the gallery will feature works by Madison High School students in the Advanced Placement Visual Arts program. There will be a reception from 5-7 pm, and the art will remain on the walls until Monday, May 15. Gallery hours are posted at madisonartsnj.org/mcac. Spotlight Kids will present their production of EMMA from Friday, April 28th, through Sunday, April 30th. Finance and Borough Clerk Vacancy, Chair of the Committee Public Works and Engineering Ms. Ehrlich, Chair of the Committee, made the following comments: Ms. Ehrlich noted that the office of the Tax Collector reminds property owners that second quarter property taxes are due May 1st. Note that the Tax Collector’s office is now located in the Finance Department on the 2nd floor of Hartley Dodge. Residents can bring their payment to the Tax Collector’s Office or they can leave their payment in the drop-box located in the Clerk’s Office on the first floor. Tonight is the budget hearing and vote to adopt the 2023 Municipal Budget. Nothing has changed since the introduction one month ago, so the numbers in tonight’s budget resolution 130-2023 are exactly what was discussed on March 27th. Ms. Ehrlich underscored that tonight's vote includes the actual budget hearing. Borough staff started working on the budget last summer and Council has had seven public meetings on the budget. All presentations and information can be found on the Annual Budget Process page on Rosenet. The budget is presented in multiple formats including: a one sheet budget summary, the official 86 page state budget document, plus a newer document created by the State called the User Friendly Budget. Later in the year the Borough will mail out a flyer that includes charts, data and an even more simplified budget for reference. The Council voted to introduce the budget on March 27nd and by state law the Borough has to wait at least 28 days before the hearing. The state established this 28 day waiting period to make sure the public has an opportunity to review and comment on the PAGE 5 OF 28 Regular Meeting Minutes – April 26, 2023 budget. Simply stated, the 28 day waiting period is for transparency. The Council takes the budget and transparency very seriously. All of the Council discussions and previous presentations are recorded and available to view whenever you want. And all of the reports and schedules that are presented to Council are available on Rosenet. Ms. Ehrlich stated that this is an excellent and sound budget. There are no changes to the municipal services provided to residents. The budget continues to support a robust capital program including repaving roads, purchasing necessary equipment and investing in infrastructure and built environment, including an all-new, redesigned and landscaped Cook Plaza Parking lot and other projects. This is a calendar year budget that runs from January to December. A temporary budget was adopted at the reorganization meeting in January to keep the Borough running. Ms. Ehrlich joined with the Borough Administration and Finance Department in thanking all the members of the governing body and the public for being engaged in the process and for offering great insights and comments. It is now the end of April and almost one third of the year has passed. It is time to vote on this budget so the Department Heads know what they have to work with and so we recommit as we do every year to the business of serving our residents. Ms. Ehrlich reported for the Engineering Department that the Cook Avenue Parking Lot will have a construction bid openings on May 2, 2023 and the MRC Basketball and Pickelball Court will have a bid opening two days later on May 4, 2023.The Memorial Park Footbridge repair project is complete and looking great. The slate of roadway milling and overlay projects was awarded to Schifano Construction, with work to take place this summer. Other construction projects scheduled for this summer include Green Avenue pedestrian crossing improvements, the construction of improved Memorial Park trails, the Dodge Field accessible playground project, and sanitary sewer lining projects. All of these projects were funded in part through NJDOT aid or community development block grants. The Madison Public Library interior renovations, for which the Library received a $900,000 grant from the state, will be advertised tomorrow with a bid opening scheduled for June 8, 2023. The Parks Department continues to line all the fields and we had a very successful Opening day for Softball and Little League. DPW was also able to perform some concrete repairs to the dugouts at Rosedale Avenue Field before they were repainted. The Roads Department is out filling pot holes and fixing fencing. The Department of Public Works also installed the Jersey Barriers for the start of this year's outside dining program. Madison is celebrating Arbor Day this Saturday, April 29th, rain or shine. In the case of rain, the celebration will take place in the Rotunda of HDM. Madison’s commitment to trees and green spaces goes back a long way – almost 40 years now. Shade Tree Management Board member Nancy Bruce has, for the last 25 of these years, organized and overseen the Arbor Day program and done all the paperwork that attends Madison’s annual receipt of the Tree City USA and Tree City Growth awards. Thanks to Nancy for helping Madison be recognized year over year for our commitment to our canopy trees. This year at the Arbor Day celebration, we are honoring the many contributions of STMB member Vince Licari, who we remembered this year with gratitude following his passing in January. We will be planting a tree in Memorial Park this spring in his honor. Also on Arbor Day there will be the presentation of the Tree City USA flag to Madison for the 38th consecutive year and the Tree City Growth Award for the 16th consecutive year. There will be Arbor Day performances by our elementary school students – including instrumental and choral music, original poetry, and, from St. Vincent’s School, the May Pole dancing. There will also be a giveaway of 150 native tree seedlings, together with information about each species and how to plant a bare-root tree. PAGE 6 OF 28 Regular Meeting Minutes – April 26, 2023 Utilities Mr. Landrigan, Chair of the Committee, made the following comments: The Electric Department installed two new riser poles for the service upgrade at 318 Main Street, Rosewood Condominiums. The Department completed the new upgraded three phase service overhead transformer bank, poles, cabling, and meter wiring for the Starbucks location at 306 Main Street. In anticipation of future home construction and EV charging station installations on Wayne Boulevard, the Department is currently working on new pole sets, transformer upgrades, and wire repairs. The annual Electric Line Clearance project will be commence on April 24th for a fourteen week period. Our crews are currently testing a new “demonstration” bucket truck on site. The Department is scheduled to replace our older single bucket truck sometime in 2023 or 2024. The Department is also preparing the underground duct work for our fiber optic cable run between the substations, which is part of our ongoing control and equipment upgrading, and continues to respond to new service installs, demo disconnects, streetlight repairs, mark-out requests, and customer concern calls regarding wire, trees, branches, and electrical issues. The Water Department excavated and repaired a water service line to one of the drinking fountains at the MRC. The Department, with the assistance of the Mechanics Department, repaired a flush ground hydrant that is used to supply outside contractors with construction or landscaping water. Public Safety Mr. Range, Chair of the Committee, made the following comments: Detective/Sergeant Ken Shannon held a substance abuse warning signs presentation titled, “Hidden in Plain Sight”, for Madison Junior School parents last week. This presentation also included members of Madison/Chatham Coalition and members of the Chatham Borough Police Department. The purpose of the exhibit is to help parents and other adults see the environment with new eyes, to see the warning signs of substance abuse that may be obvious once they are pointed out, and then help them have a conversation with the teen to stop dangerous behaviors before the worst happens, addiction, legal trouble, injury or even death. The Madison Police Department went live on the newly implemented trunked radio system, which has been several years in the making. This radio system is integrated with the public schools and Department of Public Works, along with the other public safety entities and surrounding law enforcement agencies. A huge thanks to Captain Longo, Fire Chief DeRosa, and Michael Pellessier in coordinating these efforts. The Fire Department reports that Lt Robert Dunne and Firefighter Evan Webb completed a 40 hour Fire Officer 1 Course at the Union County Fire Academy. This past Sunday morning around 4:00am, Madison Firefighters, along with other neighboring Fire Departments, responded to Morristown for a 3 Alarm fire on Catherine Lane. All the occupants made it out safely. There was one minor Firefighter injury. The cause of the fire is under investigation. Health Mr. Haralampoudis, Chair of the Committee, made the following comments: The Electric Utility will conduct a planned electric outage in parts of the downtown commercial district, in the next week, for required underground maintenance and the installation of new equipment. The Health Department has met with all food establishments, issuing guidelines for food safety during the short planned outage. BUDGET HEARING Mayor Conley opened the meeting to the public for their opportunity to ask questions and make comments on the proposed municipal budget. PAGE 7 OF 28 Regular Meeting Minutes – April 26, 2023 Since no member of the public wished to be heard, the invitation for comment was closed. R 130-2023 RESOLUTION OF THE BOROUGH OF MADISON FINALLY ADOPTING THE 2023 BUDGET AND TAX RESOLUTION Borough Clerk Osborne read the budget document into the record. Mr. Hoover thanked the CFO and Administrator for their efforts with a balanced budget. Ms. Ehrlich noted seven detailed presentation introducing the proposed budget and thanked the CFO for his efforts. There was no further Council discussion, and the motion passed with the following roll call vote recorded: Mr. Hoover moved approval of the 2023 municipal budget be adopted. Ms. Ehrlich seconded the motion, which passed with the following roll call vote recorded: Yeas: Mr. Hoover, Ms. Ehrlich, Mr. Landrigan, Mr. Range, Mr. Haralampoudis, Vacancy Nays: None COMMUNICATIONS AND PETITIONS - None INVITATION FOR COMMENT (1 of 2) Mayor Conley opened the meeting to the public for their opportunity to ask questions and make comments on those items listed on the Agenda only. Mayor asked that, upon recognition by the Meeting Moderator, each person give his/her 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 - None ADVERTISED HEARINGS Ordinances scheduled for hearing tonight were submitted in writing at a Regular meeting of the Mayor and Council held on April 10, 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 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: PAGE 8 OF 28 Regular Meeting Minutes – April 26, 2023 § 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. 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. PAGE 9 OF 28 Regular Meeting Minutes – April 26, 2023 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 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. PAGE 10 OF 28 Regular Meeting Minutes – April 26, 2023 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 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 PAGE 11 OF 28 Regular Meeting Minutes – April 26, 2023 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. Mayor Conley opened up the public hearing on Ordinance 25-2023. Since no member of the public wished to be heard, the public hearing was closed. Mr. Landrigan moved that Ordinance 25-2023, which was read by title, be finally adopted. Mr. Range seconded the motion. There was no Council discussion, and the motion passed with the following roll call vote recorded: Yeas: Mr. Hoover, Ms. Ehrlich, Mr. Landrigan, Mr. Range, Mr. Haralampoudis, Vacancy Nays: None Mayor Conley declared Ordinance 25-2023 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 26-2023 ORDINANCE OF THE BOROUGH OF MADISON AMENDING CHAPTER 94, APPENDIX A, OF THE BOROUGH CODE ENTITLED “ELECTRIC UTILITY” REGARDING NET METERING 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 PAGE 12 OF 28 Regular Meeting Minutes – April 26, 2023 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. 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. PAGE 13 OF 28 Regular Meeting Minutes – April 26, 2023 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 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. PAGE 14 OF 28 Regular Meeting Minutes – April 26, 2023 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. .... Mayor Conley opened up the public hearing on Ordinance 26-2023. Since no member of the public wished to be heard, the public hearing was closed. Mr. Landrigan moved that Ordinance 26-2023, which was read by title, be finally adopted. Mr. Range seconded the motion. There was no Council discussion, and the motion passed with the following roll call vote recorded: Yeas: Mr. Hoover, Ms. Ehrlich, Mr. Landrigan, Mr. Range, Mr. Haralampoudis, Vacancy Nays: None Mayor Conley declared Ordinance 26-2023 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 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: PAGE 15 OF 28 Regular Meeting Minutes – April 26, 2023 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. 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. Mayor Conley opened up the public hearing on Ordinance 27-2023. Since no member of the public wished to be heard, the public hearing was closed. Mr. Landrigan moved that Ordinance 27-2023, which was read by title, be finally adopted. Mr. Range seconded the motion. There was no Council discussion, and the motion passed with the following roll call vote recorded: Yeas: Mr. Hoover, Ms. Ehrlich, Mr. Landrigan, Mr. Range, Mr. Haralampoudis, Vacancy Nays: None Mayor Conley declared Ordinance 27-2023 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 16 OF 28 Regular Meeting Minutes – April 26, 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. Marianne Belock; Glenwild Road, noted the declining animal population and is happy to see the Borough’s efforts to save the Drew Forest. Since no other member of the public wished to be heard, the invitation for discussion was closed. 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 May 22, 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 28-2023 ORDINANCE OF THE BOROUGH OF MADISON AMENDING OF CHAPTER 195-29.1 OF THE MADISON BOROUGH CODE ENTITLED “ZONING MAP” TO ADJUST THE CBD-1/CBD-2 ZONE LINE FOR BLOCK 1802, LOT 11 WHEREAS, the Borough Council has determined that it would be advantageous to adjust the CBD-1 and CBD-2 district zone line on Block 1802, Lot 11 to facilitate preservation of the existing bank building and encourage inclusionary development consistent with the bulk and use requirements of the CBD-2 District; and WHEREAS, the Borough Master Plan and Housing Element and Fair Share Plan encourage a variety of housing types, inclusionary development and mixed-use development in appropriate locations, including the downtown; and WHEREAS, Borough Planner Dr. Susan Blickstein and Zoning Officer/Asst. Borough Engineer Dennis Harrington recommend this zoning change. NOW, THEREFORE, BE IT ORDAINED by the Borough Council of the Borough of Madison and the County of Morris and State of New Jersey, that the Zoning Map of the Borough of Madison is hereby amended as attached. PAGE 17 OF 28 Regular Meeting Minutes – April 26, 2023 Mr. Range moved that Ordinance 28-2023, which the Borough Clerk read by title, be adopted. Mr. Landrigan seconded the motion. There was no Council discussion, and the motion passed with the following roll call vote recorded: Yeas: Mr. Hoover, Ms. Ehrlich, Mr. Landrigan, Mr. Range, Mr. Haralampoudis, Vacancy Nays: None ORDINANCE 29-2023 ORDINANCE OF THE BOROUGH OF MADISON APPROPRIATING $250,000.00 FROM THE ELECTRIC CAPITAL IMPROVEMENT FUND FOR THE PURCHASE OF POLE TOP CAPACITOR BANKS AND ACCESSORIES WHEREAS, the Electric Utility Superintendent has recommended that the Borough appropriate $250,000.00 from the Electric Capital Improvement Fund for the purchase of Pole Top Capacitor Banks and Accessories; and WHEREAS, the Chief Financial Officer has attested to the availability of the funds in the Electric Capital Improvement Fund in an amount not to exceed $250,000.00 for this purpose; and WHEREAS, the Borough Council has determined that the Borough should appropriate $250,000.00 from the Electric Capital Improvement Fund for the purchase of Pole Top Capacitor Banks and Accessories. 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 $250,000.00 is hereby appropriated from the Electric Capital Improvement Fund for the purchase of Pole Top Capacitor Banks and Accessories. 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. Mr. Landrigan moved that Ordinance 29-2023, 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, Vacancy 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. PAGE 18 OF 28 Regular Meeting Minutes – April 26, 2023 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, Vacancy Nays: None R 131-2023 RESOLUTION OF THE BOROUGH OF MADISON REJECTING BIDS FOR THE MADISON UTILITY BUILDING ROOF REPAIRS BID AND AUTHORIZING REBID WHEREAS, the Borough of Madison publicly advertised for bids for the Madison Utility Building Roof Repairs in accordance with Local Public Contracts Law N.J.S.A. 40A:11-1 et seq.; and WHEREAS, two (2) bids were received and opened on Tuesday, March 28, 2023. The original bid included an alternate for cleaning and coating the exterior wall surfaces and it has been determined that this should have been included in the base bid; and WHEREAS, the Borough Engineer and Borough Attorney have recommended that the bids be rejected pursuant to N.J.S.A. 40A:11-13.2(d), and the bid specifications revised and rebid; 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 bids received on March 28, 2023 for the Madison Utility Building Roof Repairs are hereby rejected for the reason set forth herein and the Qualified Purchasing Agent is authorized to solicit new bids. R 132-2023 RESOLUTION OF THE BOROUGH OF MADISON APPROVING A PROBATIONARY FIREFIGHTER LIST WHEREAS, the Personnel Director has recommended establishment of a hiring list of candidates to fill any future vacancies in the fire department, said list to remain in effect for twenty-four (24) months from the adoption of this Resolution; and WHEREAS, the Borough Administrator has recommended that said hiring list be established. NOW, THEREFORE, BE IT RESOLVED, by the Council of the Borough of Madison, in the County of Morris in the State of New Jersey that the Fire Department hiring list attached hereto is hereby established for a period of twenty- four (24) months from the date of adoption of this Resolution. PAGE 19 OF 28 Regular Meeting Minutes – April 26, 2023 R 133-2023 RESOLUTION OF THE BOROUGH OF MADISON SETTING SALARIES FOR FULL-TIME NON-UNION PERSONNEL BE IT RESOLVED by the Council of the Borough of Madison, County of Morris, State of New Jersey, that the following persons be compensated at the proposed annual salary, to be effective January 1, 2023. POSITION AND NAME CURRENT PROPOSED Burnet, James, Chief Financial Officer/Asst Admin $152,615.00 $155,667.00 Codey, Raymond M., Borough Administrator $187,496.00 $191,246.00 DeRosa, Louie E., III, Fire Chief $151,499.00 $154,529.00 Mattina, James, Electric Utility Superintendent $147,947.00 $150,906.00 Miscia, John, Police Chief $173,400.00 $176,868.00 O’Brien, Kenneth, Director of Public Works $147,947.00 $150,906.00 Osborne, Elizabeth, Borough Clerk $117,000.00 $119,340.00 Sanderson, James, Director of Technology $98,983.00 $98,983.00 Vogel, Robert, Municipal Engineer $154,446.00 $157,535.00 R 134-2023 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 $65,000.00. 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 $65,000.00 under The Interlocal Purchasing System (TIPS) Contract #21060101, contingent on availability of funds. PAGE 20 OF 28 Regular Meeting Minutes – April 26, 2023 R 135-2023 RESOLUTION OF THE BOROUGH OF MADISON SUPPORTING THE ESTABLISHMENT OF A VETERANS AFFAIRS (VA) CENTER IN NORTHWEST, NEW JERSEY WHEREAS, Veterans’ Centers are critical community-based counseling centers that provide social and psychological services, including professional readjustment counseling, marriage counseling, and family counseling to eligible Veterans, active duty service members, Reservists, members of the National Guard, and their families, by offering services during non-traditional hours; and WHEREAS, the Veterans Administration (VA) operates five Vet Centers in New Jersey, located in Bloomfield Township, Egg Harbor Township, Ewing Township, Lakewood Township, and Secaucus Township”; and WHEREAS, veterans residing in Morris, Sussex, Warren and Hunterdon Counties utilize the Vets Center located in either Bloomfield, Secaucus or Ewing, placing severe travel burden on individuals who need to travel, sometimes over an hour, to receive necessary mental health services.; and WHEREAS, due to the COVID-19 pandemic, many veterans are reporting increased rates of hypervigilance, isolation, anxiety and stress; and WHEREAS, by establishing a sixth Vet Center in Northwest, New Jersey, the VA will be able to continue to provide quality counseling services to veterans, service members, Reservists, members of the National Guard and their families in an accessible location closer to their homes. NOW, THEREFORE, BE IT RESOLVED by the Madison Borough Council to support the efforts of Members of Congress Rep. Mikie Sherrill and Rep. Tom Kean in asking for the establishment of a U.S. Department of Veterans Affairs (VA) Vet Center in Northwest, New Jersey and other underserved areas across the country. R 136-2023 RESOLUTION OF THE BOROUGH OF MADISON RATIFYING A SPECIAL EVENT PERMIT TO ALLOW THE USE OF SUMMERHILL PARK BY BOY SCOUTS OF AMERICA PATRIOTS PACK 7 AND TROOP 7 PAGE 21 OF 28 Regular Meeting Minutes – April 26, 2023 WHEREAS, the Patriots’ Pack 7 and Troop 7 of Madison requested permission to use public property on various dates throughout 2023; and WHEREAS, the Patriots’ Pack 7 and Troop 7 have submitted Special Event Permit Applications to the Borough and have provided a Certificate of Liability Insurance naming the Borough of Madison as an additional insured. NOW, THEREFORE, BE IT RESOLVED, by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, that Patriots’ Pack 7 and Troop 7 of Madison are hereby given permission to use Summerhill Park and other public facilities, various Mondays and Saturdays throughout 2023, for Cub Scout activities subject to approval of the Madison Fire Department and Recreation Department. R 137-2023 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING SPECIAL EVENT PERMIT TO ALLOW THE USE OF SUMMERHILL PARK BY BOY SCOUTS OF AMERICA PATRIOTS PACK 124 ON JUNE 3, 2023 WHEREAS, the Patriots’ Pack 124 of Madison has requested permission to use public property on Saturday, June 3, 2023 to Sunday June 4, 2023, for a scouting event; and WHEREAS, the Borough Administrator has recommended that such permission be granted; and WHEREAS, the Patriots’ Pack 124 has submitted a Special Event Permit Application to the Borough and will provide a Certificate of Liability Insurance naming the Borough of Madison as an additional insured; and WHEREAS, the Borough Council agrees with this recommendation. NOW, THEREFORE, BE IT RESOLVED, by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, that Patriots’ Pack 124 of Madison is hereby given permission to use Summerhill Park, Saturday, June 3, 2023 to Sunday, June 4, 2023, for a scouting event, subject to such safety requirements as may be directed by the Madison Police Department and/or Fire Department. PAGE 22 OF 28 Regular Meeting Minutes – April 26, 2023 R 138-2023 RESOLUTION OF THE BOROUGH OF MADISON CANCELING COMPLETED CAPITAL IMPROVEMENT ORDINANCE 7-2022 WHEREAS, the Chief Financial Officer has reviewed open capital Ordinance 7-2022, which appropriated $500,000.00 from the Electric Capital Improvement Fund to fund a portion of the Borough trunked radio project and related materials cost and has determined that the trunked radio project has been substantially completed and the improvement authorization account should be reduced by $150,000.00; and WHEREAS, the Chief Financial Officer has recommended that the Council adopt a Resolution canceling a $150,000.00 balance in Ordinance 7-2022; and WHEREAS, the Borough Council has determined to make such cancellation. NOW, THEREFORE, BE IT RESOLVED by the Council of the Borough of Madison, in the County of Morris and State of New Jersey that $150,000.00 in capital ordinance 7-2022, which appropriated $500,000.00 from the Electric Capital Improvement Fund to fund a portion of the Borough trunked radio project and related materials cost, is hereby cancelled. R 139-2023 RESOLUTION OF THE BOROUGH OF MADISON RATIFYING SALARY INCREASE TO CONFIDENTIAL EMPLOYEES EXCLUDED FROM UNION PARTICIPATION WHEREAS, the Borough Administrator has recommended approving a $1,200.00 salary increase to thirteen full time non-union confidential employees excluded from union participation to maintain parity with the union employees to recognize meritorious service; and WHEREAS, the Borough Council has determined to approve a $1,200 salary increase to the following attached list of full time non-union confidential employees, effective July 1, 2023 (per annum). 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 Borough Council ratifies and authorizes payment to the individuals and in the amounts listed on the attached schedule to be effective July 1, 2023. PAGE 23 OF 28 Regular Meeting Minutes – April 26, 2023 R 140-2023 RESOLUTION OF THE BOROUGH OF MADISON APPOINTING WILLIAM KIERNAN TO THE POSITION OF SUBSTITUTE CROSSING GUARD WHEREAS, the Personnel Director has recommended appointing William Kiernan to the position of Substitute Crossing Guard; and WHEREAS, the Chief Financial Officer has attested that funds are available for this purpose in the 2023 Police Department Budget # 240, Operating Account for Part-time Help #130. NOW, THEREFORE, BE IT RESOLVED, by the Council of the Borough of Madison, County of Morris, State of New Jersey that upon satisfactory completion of a background check, William Kiernan is appointed to the position of Substitute Crossing Guard for the Borough of Madison for the school year commencing upon the effective date of this resolution and ending June 14, 2023, unless the school year is extended due to winter weather closings BE IT FURTHER RESOLVED, that William Kiernan be compensated in accordance with the Borough Resolution establishing the salaries for part-time school crossing guards. R 141-2023 RESOLUTION OF THE BOROUGH OF MADISON AWARDING CONTRACT TO SCHIFANO CONSTRUCTION CORP., INC. FOR PAVING IMPROVEMENTS UNDER MORRIS COUNTY COOPERATIVE BID IN AN AMOUNT NOT TO EXCEED $650,000.00 WHEREAS, the Borough of Madison desires to award a contract for paving improvements to an authorized vendor under the Morris County Co-Operative Pricing Council 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, Schifano Construction Corp., Inc., of Middlesex, New Jersey has been awarded Morris County Co-Operative Pricing Council Contract #6, Road Resurfacing; and WHEREAS, the Borough Engineer has recommended that the Borough Council utilize this contract for paving improvements in an amount not to exceed $650,000.00; and WHEREAS, the Chief Financial Officer has attested that funds are available in an amount not to exceed $650,000.00 for this purpose in Ordinances 2-2022 and 8-2023. 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: PAGE 24 OF 28 Regular Meeting Minutes – April 26, 2023 1. A contract for paving improvements by Schifano Construction Corp., Inc. of Middlesex, New Jersey, at a total price not to exceed $650,000.00 is hereby approved under the Morris County Co-Operative Pricing Council Contract #6, Road Resurfacing. 2. The Borough Administrator is hereby authorized and directed on behalf of the Borough to execute a purchase order and contract to Schifano Construction Corp., Inc. of Parsippany, New Jersey, for paving improvements at a total price not to exceed $650,000.00, in a form acceptable to the Borough Attorney. 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 142-2023 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING THE FARMERS' MARKET FOR 2023 WHEREAS, the Downtown Development Commission has recommended to the Borough Council that the Farmers' Market be continued in the Borough of Madison to be held at Dodge Field from Thursday, May 18, 2023 to November 16, 2023; and WHEREAS, the Borough Council recognizes that the Farmers' Market has been a welcome addition to the Borough in that it creates another community event which has been successfully run in the past; and WHEREAS, the State of New Jersey recognizes Farmers’ Markets as an essential business; and WHEREAS, the Borough Council finds that it is a benefit to the Borough of Madison and its citizens to allow the continued operation of the Farmers' Market. NOW, THEREFORE, BE IT RESOLVED by the Council of the Borough of Madison County of Morris, State of New Jersey, as follows: 1. A Farmers' Market is authorized to be conducted at Dodge Field from Thursday, May 18, 2023 to November 16, 2023. 2. The Farmers' Market shall be conducted in accordance with the 1993 "Guidelines for Madison's Farmers' Market", as amended, as well as the Madison Farmers’ Market Regulations and By Laws, subject to the dates and times and other conditions set forth in this resolution. Farmers shall be allowed to sell agricultural products that are produced and sold on their farms, including eggs, pork, wheat flour and baked goods and the sale of field-grown and cut field flowers; however, the sale of potted plants, shrubbery or other landscaping products shall not be permitted. PAGE 25 OF 28 Regular Meeting Minutes – April 26, 2023 3. The Farmers’ Market will allow vendors that hold a daily or seasonal State-issued limited brewery, craft distillery, farm winery or cidery license to participate. 4. The requirements of the Peddling and Soliciting Ordinance (Chapter 139 of the Madison Borough Code) shall not apply to the Farmers' Market as authorized by Chapter 139-13(c). 5. The requirements of the Sign Ordinance (Chapter 195 of the Madison Borough Code) shall not apply to the extent that the Farmers' Market shall be permitted to have signs as utilized in previous years; 6. The requirements of the Parking Ordinance (Chapter 195 of the Madison Borough Code) shall not apply to the extent that there shall be two (2) hour parking during market hours in areas denoted as one-hour parking. R 143-2023 RESOLUTION OF THE BOROUGH OF MADISON APPOINTING JOSEPH MONTAGNA TO THE POSITION OF SUBSTITUTE CROSSING GUARD WHEREAS, the Personnel Director has recommended appointing Joseph Montagna to the position of Substitute Crossing Guard; and WHEREAS, the Chief Financial Officer has attested that funds are available for this purpose in the 2023 Police Department Budget # 240, Operating Account for Part-time Help #130. NOW, THEREFORE, BE IT RESOLVED, by the Council of the Borough of Madison, County of Morris, State of New Jersey that upon satisfactory completion of a background check, Joseph Montagna is appointed to the position of Substitute Crossing Guard for the Borough of Madison for the school year commencing upon the effective date of this resolution and ending June 14, 2023, unless the school year is extended due to winter weather closings BE IT FURTHER RESOLVED, that Joseph Montagna be compensated at his current rate of pay of $22.50/hour. R 144-2023 RESOLUTION AUTHORIZING EXECUTION OF A DEVELOPER’S AGREEMENT WITH MADISON MALL APARTMENTS LLC FOR THE DEVELOPMENT OF 286-294 MAIN STREET (BLOCK 2208, LOT 26) WHEREAS, Madison Mall Apartments, LLC is the current Owner and the Developer of certain property located at 286-294 Main Street and designated as Block 2208, Lot 26 (the “Property”); and PAGE 26 OF 28 Regular Meeting Minutes – April 26, 2023 WHEREAS, Madison Mall Apartments, LLC (the “Developer”) previously obtained preliminary and final site plan approval with related variances from the Borough of Madison Planning Board (the “Board”), pursuant to a Resolution adopted on June 21, 2022; and WHEREAS, the Developer is required to post Performance Guarantees for the development of the Property pursuant to the terms of the Resolution as adopted by the Board; and WHEREAS, the Developer is desirous of entering into a Developer’s Agreement with the Borough of Madison (the “Borough”) with respect to the development of the Property in accordance with the provisions of the Borough’s Ordinances which, among other things, requires that prior to the granting of a building permit, the Developer shall have installed or shall have furnished performance guarantees for the ultimate installation of the several improvements therein mentioned, and that no final plat shall be approved by the Board until the completion of all such required improvements has been certified to the Board by the Borough Engineer, unless satisfactory performance guarantees to cover the cost of all such improvements or the incomplete portions thereof and deposits for Borough professional costs are filed by the Developer. 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: 1. The Mayor and Borough Clerk are hereby authorized and directed to execute the Developer’s Agreement with Madison Mall Apartments, LLC in a form acceptable to the Borough Counsel. 2. The Developer’s Agreement is expressly conditioned upon acceptance by the Borough of performance guarantees and escrow deposits. 3. A copy of this Resolution shall be provided to the Borough Planning Board Secretary, the Borough Engineer, and Madison Mall Apartments, LLC for their information and guidance. 4. A copy of the Developer’s Agreement shall remain on file in the Borough Clerk’s office and available for public inspection. 5. This Resolution shall take effect immediately. UNFINISHED BUSINESS - None PAGE 27 OF 28 Regular Meeting Minutes – April 26, 2023 APPROVAL OF VOUCHERS On motion by Mr. Hoover, seconded by Ms. Coen 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 $4,236,152.57 General Capital Fund 291,108.03 Electric Operating Fund 499,870.24 Electric Capital Fund 0.00 Water Operating Fund 27,205.16 Water Capital Fund 53,124.00 Trusts 10,912.07 Total $5,118,372.07 The following roll call vote was recorded approving the aforementioned vouchers: Yeas: Mr. Hoover, Ms. Ehrlich, Mr. Landrigan, Mr. Range, Mr. Haralampoudis, Vacancy Nays: None NEW BUSINESS Mayor Conley announced the following appointment: LIBRARY BOARD OF TRUSTEES Maureen Byrne, Albright Circle, as Alternate to the Mayor, one-year term through December 31, 2023 Mayor Conley announced the following appointment and requests Council confirmation: SHADE TREE MANAGEMENT BOARD Brian Monaghan, Green Hill Road, Regular Member, unexpired term through December 31, 2026 George Limbach, Noe Avenue Alt.1 member, unexpired term through December 31, 2026. Robin Trynin, Ferndale Road, Alt. 2 Member, unexpired five-year term through December 31, 2025 Ms. Ehrlich moved confirmation of the foregoing appointments. Mr. Haralampoudis seconded the motion, which passed with a unanimous voice call vote recorded. ADJOURN There being no further business to come before the Council, the meeting was adjourned at 9:00 p.m. Respectfully submitted, Elizabeth Osborne Borough Clerk Approved May 8, 2023 (EO) PAGE 28 OF 28