Mayor & Council

MINUTES OF A REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF MADISON October 23, 2023 - 7 p.m. CALL TO ORDER The Regular Meeting of the Mayor and Council of the Borough of Madison was held on the 23rd day of October, 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 Robert Landrigan Eric Range John J. Forte Absent: Rachel Ehrlich, excused Thomas Haralampoudis, excused 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) October 11, 2023 Date of public disclosure 60 days after conclusion, if disclosure required. LITIGATION MATTERS (3) LABOR RELATIONS DREW UNIVERSITY AFFORDABLE HOUSING Regular Meeting Minutes – October 23, 2023 Date of public disclosure 60 days after conclusion, if disclosure required. CONTRACT MATTERS (2) MASONIC LODGE MVAC/FIREFIGHTER Date of public disclosure 90 days after conclusion, if disclosure required. Seconded: Mr. Range 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 October 11, 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 October 11, 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 presented a video of the Drew Forest, previous submitted to the Morris County Open Space Committee, along with the Borough’s application for a grant. Proclamation Hindu American Awareness and Appreciation Month – October 2023 Mayor Conley present the following proclamation to Madison resident Khyati Bhatt. Proclamation of the B o r o u g h o f M a d i s on Proclaiming Hindu American Awareness and Appreciation Month OCTOBER 2023 WHEREAS, Hindu American Awareness and Appreciation Month seeks to bring local awareness, recognition and acknowledgement of the significant contributions made by Hindu Americans across the United States; and WHEREAS, there are an estimated one billion Hindus worldwide and approximately 3.4 million Hindu Americans in the United States; and WHEREAS, Hindu Americans represent diverse ethnic backgrounds, including individuals of Indian, Pakistani, Bangladeshi, Malaysian, Indonesian, Afghani, Nepali, Bhutanese, Sri Lankan, Fijian, Caribbean and European descent; and PAGE 2 OF 16 Regular Meeting Minutes – October 23, 2023 WHEREAS, the Hindu heritage, culture, traditions and values provide solutions to many of life’s problems and often serve as a source of inspiration, reflection and contemplation for the individuals who look to the teachings of Hinduism for guidance; and WHEREAS, Hindus are primarily an immigrant community and many Hindu immigrants arrive as students in search of better economic opportunities or to unite with family members, while others arrive after facing religious persecution in their countries of origin; and WHEREAS, Hindu Americans share the entrepreneurial spirit of America and contribute to economic vitality, growth and well-being; and WHEREAS, despite their positive contributions, Hindu Americans face stereotypes and misconceptions about their heritage and have been the targets of bullying, discrimination, hate speech and bias-motivated crimes. NOW, THEREFORE, I, Robert H. Conley, Mayor of the Borough of Madison, on behalf of the governing body, do hereby proclaim October 2023 as Hindu American Awareness and Appreciation Month in order to increase understanding of the Hindu American community and celebrate the extraordinary cultural diversity in our community. _____________________________ Robert H. Conley, Mayor October 23, 2023 Probationary Firefighter Swearing in Ceremony Mayor Conley administered the Oath of Office to Firefighter John Downs, who was surrounded by his family. There was a round of applause. Mr. Downs was presented with flowers. Madison Police Department Accreditation Award Harry Delgado of the New Jersey State Police Chiefs presented Chief John Miscia and Captain Joseph Longo along with the entire Police Department a well-deserved re-accreditation certificate. REPORTS OF COMMITTEES Community Affairs Mr. Hoover, Chair of the Committee, made the following comments: Despite the rainy morning and windy afternoon, Bottle Hill Day on Saturday, October 21st was a great success. A formal written thank you to all involved will be sent this week, but the Madison Downtown Development is extremely grateful to the Madison Department of Public Works and the Madison Police Department. Their hard work and professionalism are a tremendous asset to this event and the Madison community. Please visit all the terrific vendors at The Madison Farmers Market on Thursdays, at Dodge Field, from 1:00-6:00 pm. The season continues through November 16th and will feature live music weekly. Scarecrows decorated by the businesses will be displayed on Waverly Place from October 18th to November 1st. The Halloween Parade & Magic Show is scheduled for Saturday, October 28th, from 12:30-3:00 pm. The rain location will be at the gym at Central Ave School. At the Madison Community Arts Center, the NJ Photography Forum is presenting a month- long exhibition on the Roseum Walls. On the Road Again features the travel PAGE 3 OF 16 Regular Meeting Minutes – October 23, 2023 photography of three of the Forum’s members. The exhibition ends on November 16th. Gallery hours are on the MCAC website. Arts by the People will present their monthly Literary Open Mic on Wednesday, November 1, at 8 pm (sign-ups begin at 7:30 pm). The public is welcome to read or just attend. There is a free writing workshop presented by professional writers from 7:00-7:45. Spotlight Kids will present Anastasia: Youth Edition from November 3-5. Evening shows on Friday and Saturday at 7 pm. Matinees on Saturday and Sunday at 2 p.m. On Sunday, November 5th, the much-celebrated documentary film Joan Baez: I Am a Noise will be screened by the Film Society of Summit. The program begins at 4:30 pm. For the Health Department, Mr. Hoover noted educational programs for red Ribbon week, highlighting substance abuse and mental health concerns. Blood pressure screening clinics continue monthly at the Hartley Dodge Memorial and Rexford Tucker Senior Housing. Influenza vaccine clinics will be scheduled soon. Public Works and Engineering Ms. Ehrlich, Chair of the Committee, absent. Utilities Mr. Landrigan, Chair of the Committee, made the following comments: Reporting for the Electric Utility, Mr. Landrigan noted that the Department completed the racking of the fiber optic line between the two substations, Kings Road and James Park. The next step is to splice the line, which will be performed by 3B Communications. The town experienced several power outages in the last two weeks caused by squirrels. In each instance, power was restored within one hour. The Department assisted Russ Brown and Jim Burke run the fiber line from the Library building to the temporary trailers at the library. The Department also installed a new LED Street Light for safety and has been setting new utility poles all over town for contractors at construction sites. The Madison Police Department provided the Electric Department with a list of street light outages, which we are completing ahead of October 31st Trick or Treating. Utility Crews made sure that all the electric outlets are active and available for Bottle Hill Day. Asplundh Engineering is working with the Electric Department on an Arc Flash Study at both the James Park and Kings Road Substations. The Water Department assisted the Fire Department after an apartment complex fire on Madison Avenue. The Water Department also assisted the Electric Department by excavating, for conduit to be installed at the Kings Road Substation. The hydrant at the corner of Park Avenue and Crestwood Drive was taken out of service due to a motor vehicle accident. Minor repairs were made by the Department and the hydrant was able to be returned to service. The Madison Water Department’s annual fire hydrant and water main flushing program is completed, with exception of the high traffic areas: Route 124, Madison Avenue, and Park Avenue. The high traffic areas will be flushed next week at night. While hydrant flushing typically will not interrupt water service, residents may notice a temporary drop in water pressure while crews are working in the area. There is also the possibility that water may become temporarily discolored. This is normal. The discolored water does not pose a health hazard. If discolored water occurs, simply run the cold water for a few minutes until it clears. If you have any questions regarding hydrant flushing, please call the Madison Water Department at (973) 966- 7330. Public Safety Mr. Range, Chair of the Committee, made the following comments: Mr. Range congratulated the members of the Madison Police Department on their re-accreditation award. Over the past several weeks, Madison Police Officers have issued over 100 clean air commendations to motorists who have been observed PAGE 4 OF 16 Regular Meeting Minutes – October 23, 2023 abiding by the anti-idling law. Get caught following the law and turning your vehicle off, receive a Clean Air Commendation for making a healthy choice, redeemable for one free bagel and cup of coffee/tea at Madison Bagel Café, 23 Waverly Place. This initiative rewards those helping Madison stay green by eliminating pollution while they wait in school and NJ Transit pick-up/drop-off lines, wait for practices to finish or while running in to grab take-out from any of the fine Madison dining establishments. The Police Department also wants to encourage residents lock their vehicles and remove keys to limit the risk of vehicle theft, even if it's just for a few minutes. On October 27th Madison Police Department Community Relations Unit will be at Madison High School from 6:00pm-7:30pm taking part in Trunk or Treat. The event will be in the student parking lot in front of the tennis courts. The Fire Department has responded to a total of 98 calls so far in the month of October. The Fire Department has been busy visiting the schools for fire prevention month. There have been two 2nd alarm structure fire this month. The first one on October 6th was on Niles Ave. The other fire was on October 15th at 17 Madison Ave. The fire originated in the basement of unit 56. The firefighters were able to hold the fire in the unit evolved with little damage to the adjacent apartments. One person was transported to the hospital for treatment. One firefighter was also transported to the hospital and released with a minor injury. The fire department would like to thank our neighboring mutual aid fire departments for their assistance at both fires. John “Jack” Downs has been promoted to the career division of the fire department. Jack has been serving the fire department as a volunteer since November 20, 2019.The Fire Department is looking for volunteers. If interested in joining, please go to madisonfd.com and click the “volunteers needed” banner. Health Mr. Haralampoudis, Chair of the Committee, absent. Finance and Borough Clerk Mr. Forte, Chair of the Committee, made the following comments: The Department of Public Works has begun leaf collection season. They will be working collecting leaves on all streets around town, with all department staff working on leaves into November. The department will start planting trees on Main Street this week, following the Shade Tree Management Board direction. DPW is working with Peter Fried on identifying various opportunities for HVAC components to reduce greenhouse gases. A new electric battery powered mower arrive in a few weeks. From Administration, working with Department Heads on the updated 5 year capital plan, which should be finished in November. It is anticipated that the plan will be presented publicly to Council at the December meeting, which is what has been done in years past. The goal is to give Council an idea of what Capital Projects are the list for next year and beyond. Discussions on capital will be folded into the entire budget review process which will occur at the public Council meetings in January, February and March. On October 16th, the Borough wired the Board of Education $3,941,111.67. This is the monthly share of the property taxes for the Board of Education. The Tax Collector’s office would like to remind residents that the fourth quarter taxes are due November 1st. Because the 10th falls on a holiday, the grace period ends on Monday November 13th. Also, a final reminder that the deadline to file this year’s PTR, or “Senior Freeze”, form is October 31st. Please give us a call or stop in if you have any questions. 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 PAGE 5 OF 16 Regular Meeting Minutes – October 23, 2023 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 10/23/2023-1 MVAC/EMT SERVICES Mr. Landrigan explained that after months working with member of the Madison Volunteer Ambulance Corp., a plan to how best move forward to continue service to residents has been agreed upon. The recommendation is for the Borough to partner with the MVAC and move services to the Fire Department. Mr. Burnet noted a memorandum of understanding with the MVAC and the intention of hiring an additional fire fighter to help support these services. Mr. Landrigan moved adoption of Resolution 286-2023, authorizing execution of an agreement between the Borough of Madison and the Madison Volunteer Ambulance Corp., regarding emergency medical technicians (EMT) services. Mr. Hoover seconded the motion. There was no further Council discussion and the motion passed with the following roll call vote recorded: Yeas: Mr. Hoover, Mr. Landrigan, Mr. Range, Mr. Forte Nays: None Absent: Ms. Ehrlich, Mr. Haralampoudis Resolution 286-2023 was approved. 10/23/2023-2 MADISON POLICE ACCREDITATION PRESENTATION Previously presented under Greetings. 10/23/2023-3 2023 BEST PRACTICES CHECKLIST Mr. Burnet noted that annually the State requires discussion of the Best Practices checklist, which was submitted November 7th. The Borough forty-six out of forty- eight questions affirmatively, which is well above the score required for full state aid. ADVERTISED HEARINGS Ordinances scheduled for hearing tonight were submitted in writing at a Regular meeting of the Mayor and Council held on September 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 49-2023 ORDINANCE OF THE BOROUGH OF MADISON AMENDING CHAPTER 94 APPENDIX C OF THE BOROUGH CODE ENTITLED “ELECTRIC DEPARTMENT RULES AND REGULATIONS” REGARDING ADDITIONS AND ALTERATIONS WHEREAS, the Assistant Borough Administrator/CFO has recommended amendments to the Borough Code regarding additions and alterations to the PAGE 6 OF 16 Regular Meeting Minutes – October 23, 2023 Borough’s equipment by customers of the Borough of Madison electrical system; and WHEREAS, any installation without the Borough’s knowledge could be dangerous to both individuals and Borough owned equipment. NOW, THEREFORE, BE IT ORDAINED by the Council of the Borough of Madison, in the County of Morris, and State of New Jersey, as follows: SECTION 1: Chapter 94 of the Code of the Borough of Madison, Appendix C, Section 7 thereof entitled “RULES AND REGULATIONS” is hereby amended as follows .... § Appendix C, Section 7. Any person, firm or corporation who shall install, violate this code or extend or make any alteration in any electric wiring, appliance (other than a portable type of appliance), electrical fixture or equipment, or any appurtenance thereto including installation of self generation equipment, without having first obtained the necessary permit from the Borough of Madison, as required in and by the provisions of Section 2 of this ordinance, shall, upon conviction thereof, be liable to a fine of not more than $5,000.00 per incident with an additional $1,000.00 per day fine if the issue is not corrected within 10 days of notice or imprisonment for not more than 10 days in the County Jail; such fine or imprisonment to be in the discretion of the magistrate before whom the proceedings for the alleged violation hereof shall be brought.. . . . SECTION 2: This Ordinance shall take effect as provided by law. Mayor Conley opened up the public hearing on Ordinance 49-2023. Since no member of the public wished to be heard, the public hearing was closed. Mr. Landrigan moved that Ordinance 49-2023, 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, Mr. Landrigan, Mr. Range, Mr. Forte Nays: None Absent: Ms. Ehrlich, Mr. Haralampoudis Mayor Conley declared Ordinance 49-2023 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 7 OF 16 Regular Meeting Minutes – October 23, 2023 ORDINANCE 50-2023 ORDINANCE OF THE BOROUGH OF MADISON APPROPRIATING $325,000.00 FROM THE ELECTRIC CAPITAL IMPROVEMENT FUND FOR THE PURCHASE OF A NEW FREIGHTLINER SINGLE BUCKET TRUCK AND ACCESSORIES WHEREAS, the Electric Utility Superintendent has recommended that the Borough appropriate $325,000.00 from the Electric Capital Improvement Fund for the purchase of a new Bucket Truck 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 $325,000.00 for this purpose; and WHEREAS, the Borough Council has determined that the Borough should appropriate $325,000.00 from the Electric Capital Improvement Fund for the purchase of a new Freightliner Single Bucket Truck 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 $325,000.00 is hereby appropriated from the Electric Capital Improvement Fund for the purchase of a new Bucket Truck 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. Mayor Conley opened up the public hearing on Ordinance 50-2023. Since no member of the public wished to be heard, the public hearing was closed. Mr. Landrigan moved that Ordinance 50-2023, 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, Mr. Landrigan, Mr. Range, Mr. Forte Nays: None Absent: Ms. Ehrlich, Mr. Haralampoudis Mayor Conley declared Ordinance 50-2023 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 51-2023 ORDINANCE OF THE BOROUGH OF MADISON APPROPRIATING $150,000.00 FROM THE GENERAL CAPITAL IMPROVEMENT FUND FOR FUNDING OF A 2022 FORD E-450, HORTON 553, TYPE III AMBULANCE PAGE 8 OF 16 Regular Meeting Minutes – October 23, 2023 WHEREAS, the Chief Financial Officer/Assistant Borough Administrator has recommended that the Borough appropriate $150,000.00 from the General Capital Improvement Fund for the funding of a 2022 Ford E-450, Horton 553, Type III Ambulance; and WHEREAS, the Chief Financial Officer has attested to the availability of the funds in the General Capital Improvement Fund in an amount not to exceed $150,000.00 for this purpose; and WHEREAS, the Borough Council has determined that the Borough should appropriate $150,000.00 from the General Capital Improvement Fund for the funding of a 2022 Ford E-450, Horton 553, Type III Ambulance. 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 $150,000.00 is hereby appropriated from the General Capital Improvement Fund for the funding of a 2022 Ford E-450, Horton 553, Type III Ambulance. 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 51-2023. Since no member of the public wished to be heard, the public hearing was closed. Mr. Range moved that Ordinance 51-2023, 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, Mr. Landrigan, Mr. Range, Mr. Forte Nays: None Absent: Ms. Ehrlich, Mr. Haralampoudis Mayor Conley declared Ordinance 51-2023 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. 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. Marijane Lundt; Highview Terrace, speaking on behalf of the Friends of the Drew Forest, noting continued support from several municipalities, including Mountain Lakes and Morris Township. Ms. Lundt thanked the Mayor and Council for their PAGE 9 OF 16 Regular Meeting Minutes – October 23, 2023 support for the Drew Forest. INTRODUCTION OF ORDINANCES The Clerk made the following statement: Ordinances scheduled for introduction and first reading tonight will have a hearing during the meeting of November 13, 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 55-2023 ORDINANCE OF THE BOROUGH OF MADISON AUTHORIZING THE SALE OF REAL PROPERTY LOCATED AT 28 WALNUT STREET AND THE END F COMMUNITY PLACE, IDENTIFIED AS BLOCK 1601, LOTS 42 AND 1.01 WHEREAS, the Borough of Madison (the “Borough” or the “Seller”) wishes to convey title to the real property known and designated as 28 Walnut Street and the End of Community Place and more particularly identified as Block 1601, Lots 42 and 1.01, respectively, on the Tax Map of the Borough of Madison (the “Property”); and WHEREAS, the Property is presently owned by the Borough; and WHEREAS, pursuant to a Settlement Agreement reached between the Borough and Fair Share Housing Center (“FSHC”), on August 10, 2020, in litigation entitled In the Matter of the Borough of Madison, County of Morris, Docket No. MRS-L-1694-15 (the “Settlement Agreement”), which was approved by the Court following a duly noticed fairness hearing, the Borough has agreed to construct a 100% affordable housing development consisting of at least 40 units (inclusive of at least 32 family, non-age-restricted rental units); and WHEREAS, the Borough took formal action to declare Block 1601, Lot 42 as an area in need of rehabilitation pursuant to N.J.S.A. 40A:12A-14 and to declare Block 1601, Lot 1.01 as an area in need of redevelopment pursuant to N.J.S.A. 40A:12A-6; and WHEREAS, after issuing a Request for Qualifications, Request for Proposals regarding the construction of a 44-unit affordable housing project on the Property (the “Project”), reviewing submissions and conducting extensive PAGE 10 OF 16 Regular Meeting Minutes – October 23, 2023 interviews, the Borough selected RPM Development Group (“RPM” or the “Developer”) to be designated as the Developer for the Project; and WHEREAS, the Borough desires to convey the Property to the Developer for the purpose of constructing the Project pursuant to the current Redevelopment Plans in effect on the Property; and WHEREAS, the Borough desires to convey the Property to the Developer at a price of ONE and 00/100 DOLLAR ($1.00) (the “Purchase Price”); and WHEREAS, the Developer agrees to the Purchase Price; and WHEREAS, pursuant to Resolution No. 134-2021, the Borough and the Developer entered into a Development Agreement to implement the Project in accordance with the relevant terms and conditions of the Settlement Agreement, the requirements of the Local Redevelopment and Housing Law, and the Uniform Housing Affordability Control regulations and Fair Housing Act, among other things; and WHEREAS, the transfer of title to the Property for the development of the Project is in the best interests of the citizens of the Borough of Madison. NOW, THEREFORE, BE IT ORDAINED by the Borough Council of the Borough of Madison, in the County of Morris, State of New Jersey, as follows: Section 1. The Borough of Madison, pursuant to the Local Redevelopment and Housing Law, specifically N.J.S.A. 40A:12A-8(g), may convey title to the property located at 28 Walnut Street and the End of Community Place and more particularly identified as Block 1601, Lots 42 and 1.01, respectively, on the Tax Map of the Borough of Madison for the construction of a 44-unit affordable housing project pursuant to the current Redevelopment Plans in effect on the Property, along with other deed restrictions required by the Local Redevelopment and Housing Law (N.J.S.A. 40A:12A-9), the Uniform Housing Affordability Control regulations and Fair Housing Act, and as negotiated between the parties. Section 2. The Mayor, Borough Administrator and the Borough Attorney be and they are authorized and directed to execute all documents necessary to effectuate this transfer. Section 3. If any section, sentence or other part of this Ordinance is adjudged unconstitutional or invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance but shall be confined in its effect to the PAGE 11 OF 16 Regular Meeting Minutes – October 23, 2023 section, portion or other part of this Ordinance directly involved in the controversy in which such judgment shall be rendered. Section 4. All ordinances, or parts thereof, which are inconsistent with the provisions of this ordinance are hereby repealed, but only to the extent of such inconsistencies. Section 5. This ordinance shall take effect immediately upon final passage and publication according to law. Mr. Hoover moved that Ordinance 55-2023, which the Borough Clerk read by title, be adopted. Mr. Forte seconded the motion. There was no Council discussion, and the motion passed with the following roll call vote recorded: Yeas: Mr. Hoover, Mr. Landrigan, Mr. Range, Mr. Forte Nays: None Absent: Ms. Ehrlich, Mr. Haralampoudis 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. Mr. Range seconded the motion. There was no Council discussion and the motion passed with the following roll call vote recorded: Yeas: Mr. Hoover, Mr. Landrigan, Mr. Range, Mr. Forte Nays: None Absent: Ms. Ehrlich, Mr. Haralampoudis R 281-2023 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING GRANT AGREEMENT BETWEEN THE BOROUGH OF MADISON AND THE STATE OF NEW JERSEY BY AND FOR THE DEPARTMENT OF ENVIRONMENTAL PROTECTION – TIER A MSA GRANT WHEREAS, the Governing Body of the Borough of Madison in the County of Morris and State of New Jersey (Grantee) desires to further the public interest by obtaining a grant from the State of New Jersey, Department of Environmental Protection (NJDEP) in the amount of $25,000.00 to fund stormwater activities through the Municipal Tier A Stormwater Grant Program. NOW, THEREFORE, BE IT RESOLVED by the Borough of Madison in the County of Morris and State of New Jersey that Raymond Codey or the successor to the office of Administrator is authorized (a) to make application for such a grant, (b) PAGE 12 OF 16 Regular Meeting Minutes – October 23, 2023 if awarded, to execute a grant agreement with the State and (c) to execute any amendments thereto; and BE IT FURTHER RESOLVED that the Grantee agrees to comply with all applicable federal, State and municipal laws, rules and regulations in its performance pursuant to the agreement. R 282-2023 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING EXECUTION OF A MEMORANDUM OF UNDERSTANDING WITH THE TOWNSHIP OF LONG HILL FOR STYROFOAM RECYCLING WHEREAS, the Borough of Madison (“Borough”) wishes to execute a Memorandum of Understanding Agreement with the Township of Long Hill to facilitate courtesy Styrofoam recycling at the Madison Department of Public works recycling center; and WHEREAS, Borough of Madison, Borough of Chatham and Township of Chatham residents will be able to bring Styrofoam to the Madison Department of Public Works yard for recycling off site at no charge; and WHEREAS, the Borough Administrator recommends entering into an agreement. 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 Robert H. Conley, Mayor, is hereby authorized to execute the attached Memorandum of Understanding. R 283-2023 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING A CHRISTMAS TREE SALE AT DODGE FIELD NOVEMBER 24, 2023 THROUGH DECEMBER 24, 2023 WHEREAS, the Rotary Club of Madison has requested permission to use a portion of Dodge Field, November 24, 2023 through December 24, 2023, Monday through Friday, between the hours of 3:00 p.m. and 9:00 p.m., and Saturdays and Sundays, 9:00 a.m. and 6:00 p.m., to hold a Christmas Tree Sale; and WHEREAS, the funds raised will be dedicated to supporting their charitable and community initiatives; and WHEREAS, the Borough Administrator has recommended that such permission be granted; and WHEREAS, the Borough Council agrees with this recommendation. NOW, THEREFORE, BE IT RESOLVED, by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, that the Rotary Club of PAGE 13 OF 16 Regular Meeting Minutes – October 23, 2023 Madison is hereby given permission to use a portion of Dodge Field, November 24, 2023 through December 24, 2023, Monday through Friday, between the hours of 3:00 p.m. and 9:00 p.m., and Saturdays and Sundays, 9:00 a.m. and 6:00 p.m., to hold a Christmas Tree Sale, subject to such safety requirements as may be directed by the Madison Police Department and/or Fire Department and adequate insurance coverage indemnifying the Borough from liability. R 284-2023 RESOLUTION OF THE BOROUGH OF MADISON, COUNTY OF MORRIS AND STATE OF NEW JERSEY IN SUPPORT OF SENATE BILL 3739 DELAYING THE FOURTH ROUND OF AFFORDABLE HOUSING OBLIGATIONS FROM JULY 1, 2025 TO JULY 1, 2028 WHEREAS, a majority of municipal communities have obtained Substantive Certification demonstrating compliance with their respective Third Round Affordable Housing obligation which is set to expire June 30, 2025; and WHEREAS, these communities have all not only demonstrated such compliance and commitment to Affordable Housing, but as part of that commitment, have dedicated significant resources and taxpayer services in support of their Affordable Housing obligation; and WHEREAS, during the period of said compliance, the COVID-19 pandemic resulted in a shutdown of the New Jersey economy creating economic hardships for taxpayers and municipalities throughout the State of New Jersey; and WHEREAS, the residual impact of COVID-19 and the economic climate has also resulted in a significant increase in interest rates as well as the ability to effectuate and complete the agreed upon development of said Affordable Housing projects; and WHEREAS, communities are presently working to support those developments that have failed to construct the agreed upon Affordable Housing and are addressing the transition and development of such projects; and WHEREAS, the Affordable Housing developments that were identified and included as part of the Substantive Certification by the Courts, did not necessarily take into account the offsite obligations of traffic, drainage, environmental considerations, open space, municipal utility services and other municipal services such police, fire and emergency medical services within each community and such responsibility of local taxpayers; and WHEREAS, as a result of COVID-19, economic conditions and the significant responsibility to be the steward of appropriate compliant development of Third Round Affordable Housing plans, it is important to note that a majority of said PAGE 14 OF 16 Regular Meeting Minutes – October 23, 2023 plans were approved within the last seven years, and will place an inordinate responsibility on local government and taxpayers to immediately reconvene with a new round of obligations to begin on July 1, 2025. NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Borough Council of the Borough of Madison that we hereby support Senate Resolution 3739 and all of the reasons stated therein to delay or postpone the Fourth Round Affordable Housing obligation from July 1, 2025 to July 1, 2028, provided the legislation is amended to require that the State of New Jersey empanels an Administrative Agency to implement a formal planning process to determine and monitor the affordable housing obligation for each municipality in the State no later than July 1, 2024. The new entity would bring a uniform statewide approach to the issue of affordable housing and insure the legislation if adopted meets constitutional requirements. BE IT FURTHER RESOLVED, that the governing body hereby authorizes the Administration to speak on behalf of the municipality in support of this legislation. BE IT FURTHER RESOLVED, that a copy of this Resolution shall be provided all Municipal Clerk’s within Morris County as well as to the municipality’s New Jersey Legislative representatives. R 285-2023 RESOLUTION OF THE BOROUGH OF MADISON APPROVING RAFFLES LICENSE APPLICATION SUBMITTED BY SAINT VINCENT MARTYR CHURCH BE IT RESOLVED by the Council of the Borough of Madison, County of Morris, State of New Jersey, that the following application for Raffles License, to be held as listed below, be and the same is hereby approved: Saint Vincent Martyr Church I.D. No. 274-1-812 R.A. No. 1562 – On-Premise 50/50 Date of Raffle – November 9, 2023 R 286-2023 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING AN AGREEMENT BETWEEN THE BOROUGH OF MADISON AND THE MADISON VOLUNTEER AMBULANCE CORP REGARDING EMERGENCY MEDICAL TECHNICIANS (EMT) SERVICES WHEREAS, the Borough Administrator has recommended that the Borough Council approve execution of a Memorandum of Understanding with the Madison Volunteer Ambulance Corps to partner to provide EMT Services; and PAGE 15 OF 16 Regular Meeting Minutes – October 23, 2023 WHEREAS, the Borough Council has determined to approve the execution of the Memorandum of Understanding and Lease attached hereto. NOW, THEREFORE, BE IT RESOLVED, by the Council of the Borough of Madison, County of Morris, and State of New Jersey, that the Mayor is hereby authorized to execute on behalf of the Borough of Madison the Memorandum of Understanding and Lease with the Madison Volunteer Ambulance, in a form approved by the Borough Attorney. UNFINISHED BUSINESS - None APPROVAL OF VOUCHERS On motion by Mr. Hoover, seconded by Mr. Landrigan and carried, the following vouchers of the Borough of Madison were approved for payment, and the supporting documentation of said vouchers was made part of the Supplemental Minute Book. Current Fund $6,212,731.46 General Capital Fund 1,022,806.83 Electric Operating Fund 464,474.60 Electric Capital Fund 8,571.41 Water Operating Fund 24,637.26 Water Capital Fund 8,595.31 Trusts 88,916.58 Total $7,830,733.45 The following roll call vote was recorded approving the aforementioned vouchers: Yeas: Mr. Hoover, Mr. Landrigan, Mr. Range, Mr. Forte Nays: None Absent: Ms. Ehrlich, Mr. Haralampoudis NEW BUSINESS - None ADJOURN There being no further business to come before the Council, the meeting was adjourned at 9:13 p.m. Respectfully submitted, Elizabeth Osborne Borough Clerk Approved November 13, 2023 (EO) PAGE 16 OF 16