Mayor & Council

MINUTES OF A REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF MADISON November 13, 2023 - 7 p.m. CALL TO ORDER The Regular Meeting of the Mayor and Council of the Borough of Madison was held on the 13th day of November, 2023. Mayor Conley called the meeting to order at 7:00 p.m., in the Committee Room of the Hartley Dodge Memorial, Kings Road, in the Borough of Madison. STATEMENT IN COMPLIANCE WITH THE OPEN PUBLIC MEETINGS ACT The Borough Clerk read the statement pursuant to the Open Public Meetings Act: “In compliance with the Open Public Meetings Act, adequate notice of this meeting of the Council was provided by transmitting a copy of the meeting notice to the Madison Eagle and Morris County Daily Record, posting a copy on the bulletin board at the main entrance of the Hartley Dodge Memorial, and filing a copy in the office of the Clerk, all on January 12, 2023. This Notice was made available to members of the general public.” ROLL CALL The Borough Clerk called the roll and the following acknowledged their presence: Mayor Robert H. Conley Council Members: John F. Hoover Rachael Ehrlich Robert Landrigan Eric Range Thomas Haralampoudis Melissa Honohan 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 23, 2023 Date of public disclosure 60 days after conclusion, if disclosure required. PERSONNEL MATTERS (2) UTILITY MAN – WATER UTILITY DEPARTMENT LABORER Date of public disclosure 90 days after conclusion, if disclosure required. Regular Meeting Minutes – November 13, 2023 CONTRACT MATTERS (3) IBEW LOCAL #1289 JACOB HENRY PERKINS TRUST FUND HEALTH DEPARTMENT Date of public disclosure 60 days after conclusion, if disclosure required. LITIGATION MATTERS (1) DREW UNIVERSITY Date of public disclosure 60 days after conclusion, if disclosure required. Seconded: Ms. 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. Mayor Conley asked for a moment of silence to honor the passing of the following Madison residents: Mary Ann Newman Gin Jo Losavio Mary Libretti Many Rose Esposito APPROVAL OF MINUTES Mr. Hoover moved approval of the Executive Minutes of October 23, 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 23, 2023. Ms. Ehrlich seconded the motion, which passed with a unanimous voice call vote recorded. GREETINGS TO PUBLIC Mayor Conley made the following comments: Employee of the Month: FF Bryam Castano, Fire Department for his professionalism and compassion while helping a woman and a two-year old who were involved in a car accident at the intersection of Woodland Avenue and Prospect Street. Swearing In – Council Member Melissa Honohan Melissa Honohan and her family were called forward. The Oath of Office of Council Member was administered by Mayor Conley. There was a round of applause. Ms. Honohan took her Council seat. Mayor Conley noted that Council member Elect John Forte will be sworn in at the Reorganization Meeting to be held January 2m 2024. World Pancreatic Cancer Day - November 16, 2023 Mayor Conley presented the following proclamation to Mrs. Osborne in the memory of her late sister Patricia Kovacs. PAGE 2 OF 29 Regular Meeting Minutes – November 13, 2023 Proclamation of the B o r o u g h o f M a d i s on Proclaiming World Pancreatic Cancer Day November 16, 2023 WHEREAS, in 2023, more than 64,000 people will be diagnosed with pancreatic cancer in the United States and 50,000 will die from the disease; and WHEREAS, pancreatic cancer is currently the third leading cause of cancer death in the United States and is projected to become the second leading cause by around 2030; and WHEREAS, each person’s chances of getting this cancer can be affected by certain risk factors such as tobacco use, being overweight, family history and inherited genetic syndromes; and WHEREAS, when symptoms of pancreatic cancer present themselves it is generally in later stages and 88 percent of pancreatic cancer patients die within the first five years; and WHEREAS, approximately 1,410 pancreatic cancer deaths will occur in New Jersey in 2023; and WHEREAS, the good health and well-being of the residents of Madison are enhanced as a direct result of increased awareness about the symptoms and risks of pancreatic cancer and research into early detection, causes and effective treatments. NOW, THEREFORE, I, Robert H. Conley, Mayor of the Borough of Madison, on behalf of the governing body, do hereby proclaim November 16, 2023 as World Pancreatic Cancer Day in the Borough of Madison. __________________________ Robert H. Conley, Mayor November 13, 202 REPORTS OF COMMITTEES Community Affairs Mr. Hoover, Chair of the Committee, made the following comments: This is the final week of the 2023 season of the Madison Farmers Market. Please visit this Thursday, at Dodge Field, from 1:00-6:00 pm. This will be the last opportunity to shop at your favorite vendors. With the installation of the Santa House at the train station this weekend and the Christmas tree on Waverly Place today, we are busy gearing up for another great holiday season in Madison. Visits with Santa will again be booked through www.rosecitychristmas.com. The Christmas Committee is finalizing plans for the annual parade and tree lighting on the Friday after Thanksgiving, November 24th. The parade kicks off at 5:30 pm. The PAGE 3 OF 29 Regular Meeting Minutes – November 13, 2023 tree will be lit immediately following the parade. December will bring the return of two more holiday favorites, Secret Santa Giveaway and downtown caroling. Look for them on Saturdays through December 23rd. The Search for Rosie the Rose City Reindeer begins Friday, November 24th and ends Saturday, December 16th. Participation cards are available at Tons of Toys and Madison Pharmacy. The Grand Prize drawing will be live on ILoveMadisonNJ Facebook on Monday, December 18th. The event is free of charge, open to the public, and exclusively designed for children. For a comprehensive list of participating businesses, please visit the Chamber's website at MadisonNJChamber.org. The Monthly New Music Concert will be held on Saturday November 18th, starting at 8:00 pm. Arts by the People will present a reading by local poets on Sunday, November 19th from 2:00- 4:00 pm. The Madison Holiday Arts Festival will be held on Friday and Saturday November 24th and 25th, with 22 performances over two days. Go to the Madison Community Arts Center page for more information. The Madison Weekend of Dance will be held at the Center from Thursday November 30 through Sunday December 3rd. Information on the Madison Community Arts Center Website. As of November 12, 2023 over 14,600 people have passed through the doors of the Center, including nearly 2,000 artists, arts educators, or teachers. By the end of December we anticipate a total attendance of 16,500 people at 775 scheduled events. By the end of the year, excluding holidays, there have been only 38 days without any events, an average of three days per month. The room has been in use 40% of its permitted time, and on days when there are events scheduled, the room has been in use 45% of the permitted time. Public Works and Engineering Ms. Ehrlich, Chair of the Committee, made the following comments: The Engineering Department noted that improvements to Well B have begun this month. Electric Case Communications lights have been delivered for the new multipurpose courts at the MRC. Library construction began today, with Library offices move to the Chase Room. The Department of Public Works continues to collect leaves and has begun to prepare snow removal equipment for the winter season. The Department has recieved a new electric battery powered mower. Utilities Mr. Landrigan, Chair of the Committee, made the following comments: The Electric Department set two (2) new utility poles on Station Road for the Well B upgrade project. Electric Crews assisted the Meter Department with changing out A- Base meters on Park Avenue. The pole work and terminations have been completed at 14 Lincoln Place (the old movie theater). Victorian Lamp Posts on Main Street have been upgraded to LED. After the Electric Department pulled the fiber optic line between the two (2) substations, 3B Communications was able to complete the fiber splicing at the Kings Road Sub. The Department participated in Bucket Truck Rescue Training in the Water & Light Plant yard. The cold weather is about to be on us, and the Water Department reminds residents to remove all garden hoses from the outside faucet to prevent freezing pipes. This time of year, the growing season has stopped, so it is not necessary to water the lawn. Don’t forget to have your irrigation system winterized. All the Park Buildings and Fountains will be shut off for the winter, except for the Dodge Field Playground building. Public Safety Mr. Range, Chair of the Committee, made the following comments: Madison Police Department Traffic Safety Bureau met with representatives from New Jersey Department of Transportation to improve midblock crosswalks/crossing along the route 124 corridor [Madison Avenue & Main Street]. Representatives from PAGE 4 OF 29 Regular Meeting Minutes – November 13, 2023 Drew University and FDU were also on hand to provide feedback. Police Department personnel have been working with the Madison Public Schools on installing radios in each school office and school bus. This is the first phase in an implementation of the new municipal trunked radio system in the school district. Radio installation was completed last week. On November 2nd, Madison Police personnel took part in “Bagels & Brainstorming” at the Madison YMCA which was hosted by Project Community Pride and Madison/Chatham Coalition. Police Personnel from Madison and Chatham Borough met and discussed upcoming community events for neighborhood youth to take part in. The next event scheduled is December 1st at the Madison YMCA (Hosted by Project Pride) called “Basketball at the Y” where police officers and town juveniles play basketball in hopes to strengthen our community ties. The Fire Department reports twenty three general alarms, nineteen still alarms 18 investigations and thirty-eight medical call for a total of 98 calls for the month f October. The 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 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. Health Mr. Haralampoudis, Chair of the Committee, made the following comments: The Health Department is working on addiction awareness and prevention materials for the Madison Junior School provided by MAASA and will have a table at Bottle Hill Day as well. The Health Department will hold a flu clinic and blood pressure clinic after Thanksgiving, with the annual Rabies clinic to be held December 2, 2023, at the Department of Public Works Garage on John Avenue. The Anti-Idling Committee has provided communication at the Borough schools and ball fields, including coupons for free coffee and bagels to those not idling. Finance and Borough Clerk Ms. Honohan, Chair of the Committee, made the following comments: From the Tax Department, the fourth quarter tax grace period has ended and the Tax Collector reports that over 98% of the year’s taxes have been collected so far. The annual Tax Sale will be held on December 7th. From the Finance Department, Administration is working with the Department Heads on the Five Year capital plan with the hopes of presenting it at the December 11th Council Meeting. Administration is suggesting a budget schedule that is similar to years past with the dates and topics the same as well. This Wednesday, the Borough will be wiring $3,941,111.67 to the Madison Board of Education. This amount represents the Board of Education’s monthly portion of property taxes collected. 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 PAGE 5 OF 29 Regular Meeting Minutes – November 13, 2023 name and address in an audible tone of voice, for the record. He/she shall limit his/her statement to three (3) minutes or less. Colette Crescas; Albright Circle, thanked the Mayor and Council for considering Resolution 299-2023, supporting the current 2023 level of Corporate Business Tax funding without reduction to provide continuous level funding for critical environmental and public health programs. 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 October 11, and October 23, 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 52-2023 ORDINANCE OF THE BOROUGH OF MADISON APPROPRIATING $85,000.00 FROM THE ELECTRIC CAPITAL IMPROVEMENT FUND FOR THE PURCHASE OF TWENTY-FIVE (25) LED VICTORIAN LAMP POST HEADS AND ACCESSORIES WHEREAS, the Electric Utility Superintendent has recommended that the Borough appropriate $85,000.00 from the Electric Capital Improvement Fund for the purchase of twenty-five (25) LED Victorian Lamp Post Heads 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 $85,000.00 for this purpose; and WHEREAS, the Borough Council has determined that the Borough should appropriate $85,000.00 from the Electric Capital Improvement Fund for retro kits for LED bulbs for the Victorian Lamp Posts through town. 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 $85,000.00 is hereby appropriated from the Electric Capital Improvement Fund for the purchase of twenty-five (25) LED Victorian Lamp Post Heads and Accessories throughout town. SECTION 2: The budget of the Borough is hereby amended to conform with the provisions of this Ordinance. SECTION 3: This Ordinance shall take effect as provided by law. PAGE 6 OF 29 Regular Meeting Minutes – November 13, 2023 Mayor Conley opened up the public hearing on Ordinance 52-2023. Since no member of the public wished to be heard, the public hearing was closed. Mr. Landrigan moved that Ordinance 52-2023, 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, Ms. Honohan Nays: None Mayor Conley declared Ordinance 52-2023 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 53-2023 ORDINANCE OF THE BOROUGH OF MADISON APPROPRIATING $100,000.00 FROM THE GENERAL CAPITAL IMPROVEMENT FUND TO PURCHASE WINDOWS, DOORS AND RELATED IMPROVEMENTS FOR THE DEPARTMENT OF PUBLIC WORKS GARAGE WHEREAS, the Director of Public Works has recommended that the Borough appropriate $100,000.00 from the General Capital Improvement Fund to purchase windows, doors and related improvements for the Department of Public Works Garage; 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 $100,000.00 for this purpose; and WHEREAS, the Borough Council has determined that the Borough should appropriate $100,000.00 from the General Capital Improvement Fund to purchase windows, doors and related improvements for the Department of Public Works Garage. 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 $100,000.00 is hereby appropriated from the General Capital Improvement Fund to purchase windows, doors and related improvements for the Department of Public Works Garage. 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 53-2023. PAGE 7 OF 29 Regular Meeting Minutes – November 13, 2023 Claire Whitcomb; Fairwood Road, asked if this is the project for the DPW garage using an environmentally responsible system. Since no other member of the public wished to be heard, the public hearing was closed. Ms. Ehrlich moved that Ordinance 53-2023, which was read by title, be finally adopted. Ms. Honohan 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, Ms. Honohan Nays: None Mayor Conley declared Ordinance 53-2023 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 54-2023 ORDINANCE OF THE BOROUGH OF MADISON AUTHORIZING THE ACQUISITION OF REAL PROPERTY, LOCATED AT 170 MAIN STREET, MADISON, N.J. AND IDENTIFIED AS BLOCK 2001, LOT 17, FOR PUBLIC PURPOSES WHEREAS, the Borough of Madison (the “Borough”) wishes to obtain title to the real property known and designated as 170 Main Street Madison, N.J. and more particularly described as Block 2001, Lot 17 on the Tax Map of the Borough of Madison (the “Property”); and WHEREAS, the property is presently owned by Madison Lodge No. 93 Free and Accepted Masons, (the “Sellers”); and WHEREAS, the Borough desires to rehabilitate and utilize the Property and the improvements thereon as a Senior Center and other ancillary municipal purposes; and WHEREAS, the Borough agrees to the Purchase Price; and WHEREAS, the acceptance of title to the Property for public purposes is in the best interest of the citizens of the Borough of Madison; and NOW, THEREFORE, BE IT ORDAINED by the Borough Council of the Borough of Madison, in the County of Morris and State of New Jersey, as follows: SECTION 1: The Borough of Madison, pursuant to the Local Lands and Buildings Law, specifically N.J.S.A. 40A:12-5(a)(1), shall acquire title to the property located at 170 Main Street, Madison, N.J. and designated as Block 2001, Lot 17 on the Tax Map of the Borough of Madison for the purpose of rehabilitating and utilizing the Property and the improvements thereon as a Senior Center and other ancillary municipal purposes.. PAGE 8 OF 29 Regular Meeting Minutes – November 13, 2023 SECTION 2: The Borough Administrator, Mayor, Borough Clerk, and 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 judgement shall not affect, impair or invalidate the reminder of this Ordinance, but shall be confined in its effect to the section, portion or other part of this Ordinance directly involved in the controversy in which such judgement 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. Mayor Conley opened up the public hearing on Ordinance 54-2023. Since no member of the public wished to be heard, the public hearing was closed. Mr. Hoover moved that Ordinance 54-2023, which was read by title, be finally adopted. Ms. Ehrlich seconded the motion. There was no Council discussion, and the motion passed with the following roll call vote recorded: Yeas: Mr. Hoover, Ms. Ehrlich, Mr. Landrigan, Mr. Range, Mr. Haralampoudis, Ms. Honohan Nays: None Mayor Conley declared Ordinance 54-2023 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 55-2023 ORDINANCE OF THE BOROUGH OF MADISON AUTHORIZING THE SALE OF REAL PROPERTY LOCATED AT 28 WALNUT STREET AND THE END OF 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 PAGE 9 OF 29 Regular Meeting Minutes – November 13, 2023 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 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: PAGE 10 OF 29 Regular Meeting Minutes – November 13, 2023 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 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. Mayor Conley opened up the public hearing on Ordinance 55-2023. Since no member of the public wished to be heard, the public hearing was closed. Mr. Hoover moved that Ordinance 55-2023, which was read by title, be finally adopted. Ms. Ehrlich seconded the motion. There was no Council discussion, and the motion passed with the following roll call vote recorded: Yeas: Mr. Hoover, Ms. Ehrlich, Mr. Landrigan, Mr. Range, Mr. Haralampoudis, Ms. Honohan Nays: None Mayor Conley declared Ordinance 55-2023 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 11 OF 29 Regular Meeting Minutes – November 13, 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. Claire Whitcomb; Fairwood Road, congratulated Ms. Honohan, noting her environmental experience, and noted the Friends of the Drew Forests at the Morris County Open Space meetings. Since no other member of the public wished to be heard, the public hearing was closed. INTRODUCTION OF ORDINANCES - None CONSENT AGENDA RESOLUTIONS The Clerk made the following statement: Consent Agenda Resolutions will be enacted with a single motion; any Resolution requiring expenditure is supported by a Certification of Availability of Funds; any Resolution requiring discussion will be removed from the Consent Agenda; all Resolutions will be reflected in full in the minutes. 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, Ms. Honohan Nays: None R 287-2023 RESOLUTION OF THE BOROUGH OF MADISON RATIFYING THE MEMORANDUM OF AGREEMENT WITH THE IBEW LOCAL UNION 1289 WHEREAS, the collective negotiations agreement between the Borough of Madison (“Borough”) and IBEW Local Union 1289 (“Union”) expired on December 31, 2021; and WHEREAS, the Borough and the Union have been negotiating the terms to a successor collective negotiations agreement; and WHEREAS, the Borough and the Union have negotiated the terms to a successor collective negotiations agreement set forth in the Memorandum of Agreement executed on October 24, 2023 attached hereto as exhibit A; and WHEREAS, the members the Union ratified the Memorandum of Agreement on November 2, 2023; and WHEREAS, the Mayor and Council is desirous of ratifying the agreed upon terms to the successor collective negotiations agreement set forth in the Memorandum of Agreement executed on October 24, 2023. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Borough Council of the Borough of Madison, County of Morris, State of New Jersey that the Memorandum of PAGE 12 OF 29 Regular Meeting Minutes – November 13, 2023 Agreement with IBEW Local Union 1289 for the period from January 1, 2022 through December 31, 2027 is hereby ratified. BE IT FURTHER RESOLVED the Mayor is hereby authorized to execute the Memorandum of Agreement. R 288-2023 RESOLUTION OF THE BOROUGH OF MADISON APPOINTING RUSSELL BOARDMAN TO THE POSITION OF UTILITY MAN IN THE WATER DEPARTMENT WHEREAS, the Borough Administrator and Personnel Director recommend the promotion of Russell Boardman from the position of Truck Driver to the position of Utility Man effective November 14, 2023; and WHEREAS, Mr. Boardman has secured and maintained certification to operate a municipal water utility; and WHEREAS, Mr. Boardman has five years of experience in the Water Utility; and WHEREAS, the Council concurs 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 Russell Boardman is hereby promoted to the position of Utility Man in the Water Department effective November 14, 2023; and, BE IT FURTHER RESOLVED that Mr. Boardman’s annual compensation is hereby adjusted to 86,771.00, in accordance with the appropriate collective bargaining unit contract. R 289-2023 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING PURCHASE OF A NEW FORD F550 TRUCK AND ACCESSORIES FROM NIELSEN FORD OF MORRISTOWN, NEW JERSEY WHEREAS, the Borough of Madison desires to purchase a new Ford F550 Truck and accessories from an authorized vendor under the Educational Services Commission of NJ ESC Co-op #65MCESCPS – ESCNJ 23/24-04; and WHEREAS, the purchase of goods and services through County agencies by local contracting units is authorized by the Local Public Contracts Law, N.J.S.A. 40A:11-12, et seq; and WHEREAS, Nielsen Ford, 170 Ridgedale Avenue, Morristown, New Jersey has been awarded Educational Services Commission of NJ ESC Co-op #65MCESCPS – ESCNJ 23/24-04; and PAGE 13 OF 29 Regular Meeting Minutes – November 13, 2023 WHEREAS, the Fire Chief has recommended that the Borough Council utilize this contract for the purchase of a new Ford F550 Truck and accessory equipment in the amount of $87,971.73; and WHEREAS, the Chief Finance Officer has attested that funds will be available in an amount not to exceed $87,971.73 for this purpose in Ordinance 36, 2023. NOW, THEREFORE, BE IT RESOLVED by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, as follows: 1. The purchase of a new Ford F550 and accessory equipment from Beyer Ford, at a total price not to exceed $87,971.73 is hereby approved under the Educational Services Commission of NJ ESC Co-op #65MCESCPS – ESCNJ 23/24-04. 2. The Mayor and Borough Clerk are hereby authorized and directed on behalf of the Borough to execute a purchase order and contract to Nielsen Ford for the purchase of a new Ford F550 and accessory equipment at a total price not to exceed $87,971.73, in a form acceptable to the Borough Attorney. R 290-2023 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING AN AWARD OF A CONTRACT FOR PROPER HANDLING AND DISPOSAL OF DESIGNATED RECYCLABLE MATERIALS WITH INTEGRITY RECYCLING & WASTE SOLUTIONS WHEREAS, the Qualified Purchasing Agent and Director of Public Works have recommended that the Borough Council authorize an award of a one-year contract for proper handling and disposal of designated recyclable materials with Integrity Recycling & Waste Solutions under N.J. S.A. 40A:11-5(1)(s). NOW, THEREFORE, BE IT RESOLVED, by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, that the Mayor and Borough Clerk are hereby authorized to execute a contract for proper handling and disposal of designated recyclable materials with Integrity Recycling & Waste Solutions at the price set forth in the contract, approved as to form by the Borough Attorney. R 291-2023 RESOLUTION OF THE BOROUGH OF MADISON APPROVING JACOB HENRY PERKINS TRUST DISBURSEMENT WHEREAS, the Borough Administrator recommends a grant from the Jacob Henry Perkins Trust (hereafter Perkins Trust) on behalf of M. F., a Borough resident; and PAGE 14 OF 29 Regular Meeting Minutes – November 13, 2023 WHEREAS, the Borough Administrator has advised the Borough Council that M. F. meets the criteria for a Perkins Trust grant; and WHEREAS, the Borough Council has determined to approve the request for a Perkins Trust grant in the amount of $2,000.00. NOW, THEREFORE, BE IT RESOLVED by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, that a one-time grant is hereby approved from the Perkins Trust in the amount of $2,000.00, for the benefit of M. F., to be disbursed by the Finance Department in a lump sum. R 292-2023 RESOLUTION OF THE BOROUGH OF MADISON REQUESTING THE DIRECTOR OF LOCAL GOVERNMENT SERVICES TO APPROVE THE INSERTION OF AN ITEM OF REVENUE IN THE BUDGET OF THE YEAR 2023 WHEREAS, N.J.S.A. 40A:87 provides that the Director of the Division of Local Government Services may approve the insertion of any special item of revenue in the budget of any County or Municipality when such items shall have been made available by law and the amount thereof was not determined at the time of the adoption of the budget; and WHEREAS, said Director may also approve the insertion of any item of appropriation for equal amount; and WHEREAS, the Borough of Madison has been awarded a $1,000,000.00 grant for the purchase of the Madison Masonic Lodge and wishes to amend its 2023 Budget to include this amount as revenue. NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Borough of Madison in the County of Morris and State of New Jersey hereby requests the Director of Local Government Services to approve the insertion of an item of revenue in the budget of the year 2023 as follows: Miscellaneous Revenues Special Items of General Revenue Anticipated with Prior Written Consent of the Director of Local Government Services: Local Grant in the sum of $1,000,000.00; and BE IT FURTHER RESOLVED that the like sum of $1,000,000.00 is hereby appropriated under the caption of: General Appropriations Operation Excluded from 3.5% Caps Local Grant Off-set by Revenues: Madison Masonic Lodge Grant – Other Expenses $1,000,000.00 BE IT FURTHER RESOLVED that the Borough Clerk forward two copies of this resolution to the Director of Local Government Services. PAGE 15 OF 29 Regular Meeting Minutes – November 13, 2023 R 293-2023 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING AN INTERLOCAL SERVICE AGREEMENT WITH THE TOWN OF MORRISTOWN TO PROVIDE COURTESY CONSTRUCTION INSPECTION SERVICES WHEREAS, the Borough of Madison and the Town of Morristown have agreed to enter into a Interlocal Service Agreement, to provide courtesy construction inspections services between Madison and Town of Morristown in accordance with the terms and conditions of the attached contract; and WHEREAS, the Madison Borough Council has determined to enter into the Interlocal Service Agreement. NOW, THEREFORE, BE IT RESOLVED by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, that the Mayor and Borough Clerk are hereby authorized to execute on behalf of the Borough an Interlocal Service Agreement with the Town of Morristown for the provision of courtesy Construction Inspection Services, such agreement to be in a form approved by the Madison Borough Attorney. R 294-2023 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING AGREEMENT WITH NOMADICS, LLC FOR SEWER SYSTEM COMPLIANCE DATA AND MAPPING WHEREAS, THE Borough of Madison has been awarded a $25,000.00 Stormwater Assistance Grant by the NJDEP; and WHEREAS, the Borough of Madison (“Borough”) wishes to enter into an agreement with Nomadics, LLC for sewer system compliance data and mapping, in an amount not to exceed $17,500.00 to implement the purposes of said grant; and WHEREAS, the Borough Engineer recommends entering into the 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 Mayor Robert H. Conley is hereby authorized to execute the above noted agreement pending final approval of terms by the Borough’s Legal Counsel. E 295-2023 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING EXECUTION OF AN ESTOPPEL CERTIFICATE CONFIRMING THAT A DEVELOPMENT AGREEMENT IS IN FULL FORCE AND EFFECT WHEREAS, a request to execute an Estoppel Certificate regarding the Development Agreement for the Walnut Street Affordable Housing Development, has been received due to the pending sale of the property; and PAGE 16 OF 29 Regular Meeting Minutes – November 13, 2023 WHEREAS, when the site was purchased a Development Agreement which requires the Borough upon proper notice to execute an Estoppel Certificate confirm that the development agreement is in full force and effect was signed by the parties; and WHEREAS, the Council is in agreement with such request. 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 Council hereby authorizes the Mayor to execute an Estoppel Certificate that the Development Agreement is in full force and effect and has not been violated, terminated, assigned, modified, supplemented or amended in any way, on behalf of the Borough of Madison, which may be attested by the Borough Clerk. R 296-2023 RESOLUTION OF THE BOROUGH OF MADISON AWARDING PURCHASE OF A NEW, UNUSED 2024 JEEP WRANGLER SPORT 2 DOOR 4X4 WITH SNOWPLOW RE-BID TO NIELSEN FLEET, EAST HANOVER, N.J. WHEREAS, the Borough of Madison publicly advertised for the purchase of a new, unused 2024 Jeep Wrangler Sport 2 Door 4x4 with Snowplow Re-Bid (the “Contract”) in accordance with the Local Public Contracts Law, N.J.S.A. 40A:11-1, et seq.; and WHEREAS, the Borough received two (2) bids; and WHEREAS, the lowest qualified bid was submitted by Nielsen Fleet of East Hanover, N.J., in the amount of $51,615.00 for a new, unused 2024 Jeep Wrangler Sport 2 Door 4x4 with Snowplow; and WHEREAS, the Qualified Purchasing Agent and Borough Attorney have recommended that the Borough Council award the contract to Nielsen Fleet, East Hanover, N.J., in the amount of $51,615.00; and WHEREAS, the Chief Financial Officer has attested that funds will be available for this purpose in ordinance 44-2023. NOW, THEREFORE, BE IT RESOLVED by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, as follows: 1. The contract for the purchase of a new, unused 2024 Jeep Wrangler Sport 2 Door 4x4 with Snowplow is hereby awarded to Nielsen Ford of East Hanover, N.J., based upon its bid in the amount of $51,615.00. 2. The Mayor and Borough Clerk are hereby authorized and directed on behalf of the Borough to enter into the contract with Nielsen Fleet in a form acceptable to the Borough Attorney. PAGE 17 OF 29 Regular Meeting Minutes – November 13, 2023 R 297-2023 RESOLUTION OF THE BOROUGH OF MADISON APPROVING JACOB HENRY PERKINS TRUST DISBURSEMENT WHEREAS, the Assistant Borough Administrator/CFO recommends a grant from the Jacob Henry Perkins Trust (hereafter Perkins Trust) on behalf of the Madison Housing Authority (MHA); and WHEREAS, the Assistant Borough Administrator/CFO has advised the Borough Council that MHA meets the criteria for a Perkins Trust grant; and WHEREAS, the Borough Council has determined to approve the request for a Perkins Trust grant in the amount of $$1,119.58; and WHEREAS, should the MHA receive the funds owed for utilities, a reimbursement of the grant funds to the Jacob Henry Perkins Fund will be made. NOW, THEREFORE, BE IT RESOLVED by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, that a one-time grant is hereby approved from the Jacob Henry Perkins Trust in the amount of $1,119.58, for the benefit of MHA, to be disbursed by the Finance Department in a lump sum. R 298-2023 RESOLUTION OF THE BOROUGH OF MADISON APPROVING TEMPORARY SIGNS FOR THE MADISON EAGLE CHRISTMAS FUND WHEREAS, the Madison Eagle Christmas Fund has requested permission to put up temporary signs advertising the annual Madison Eagle Christmas Fund campaign; and WHEREAS, the signs would be located at various intersections and public property, commencing on November 21, 2023 and removed by December 30, 2023. NOW, THEREFORE, BE IT RESOLVED, by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, that the request of the Madison Eagle Christmas Fund to put up temporary signs as described herein from November 21, 2023 to December 30, 2023, is approved. R 299-2023 RESOLUTION OF THE BOROUGH FO MADISON SUPPORTING CONTINUATION OF CORPORATE BUSINESS TAX (CBT) AT 2-23 RATE TO FUND CRITICAL OPEN SPACE, FARMLAND, HISTORIC PRESERVATION AND HAZARDOUS SITE CLEANUP FUNDING WHEREAS, in 2014 sixty-five percent (65%) of New Jersey voters approved amending the New Jersey Constitution to provide long term sustainable funding for open space (Green and Blue Acres), farmland and historic preservation by dedicating a portion of the Corporate Business Tax (CBT) to those programs; PAGE 18 OF 29 Regular Meeting Minutes – November 13, 2023 WHEREAS, New Jersey voters’ high approval on every NJ open space ballot question since 1961 reflects their dedicated support for farmland, open space and historic preservation; WHEREAS, agriculture plays an integral role in the prosperity, agri- businesses and well-being of “The Garden State” along with providing a fresh and abundant supply of food for its residents; WHEREAS, in the most densely populated state in the nation, the Covid-19 pandemic proved the high value of New Jersey’s open space and recreational areas to the health and well-being of residents throughout New Jersey, especially those in urban towns and minority communities; WHEREAS, Governor Murphy stated on Earth Day 2023 during final adoption of New Jersey’s Environmental Justice Rules, “we have worked incredibly hard to ensure that all people – regardless of income, race, ethnicity, or national origin – can enjoy their right to live, work, learn and recreate in a clean and healthy environment”; WHEREAS, New Jersey is one of the original thirteen colonies, its historic preservation is significant to our nation’s history; WHEREAS, open space is essential to protecting New Jersey residents and businesses from storm related flooding that results in loss of life and property and is increasing at an alarming rate due to climate change; WHEREAS, continuation of New Jersey’s CBT provides important and necessary funding for the acquisition, preservation and stewardship of open space, farmland and historic sites in New Jersey that protects and enhances the character and beauty of “The Garden State” while providing its citizens with opportunities for recreation, relaxation and education; WHEREAS, CBT funding provides long-term, sustainable funding to support communities with the remediation of hazardous sites known as brownfields, the cleanup of leaking underground storage tanks, and funds cleanups of hazardous spills; WHEREAS , the proposed reduction in the CBT included in the 2024 NJ State budget would slash approximately $60 million annually from vital open space, farmland, historic preservation initiatives and remediation of hazardous sites known as brownfields, the cleanup of leaking underground storage tanks, and the funding of cleanups of hazardous spills; NOW THEREFORE, BE IT RESOLVED, that the Borough Council of the Borough of Madison, County of Morris, State of New Jersey, asks Governor Murphy and the New Jersey Legislature to maintain the current 2023 level of PAGE 19 OF 29 Regular Meeting Minutes – November 13, 2023 Corporate Business Tax funding without reduction to provide continuous level funding for critical environmental and public health programs. R 300-2023 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING APPOINTMENT OF ALVARO URREA TO THE POSITION OF LABORER IN THE PUBLIC WORKS DEPARTMENT WHEREAS, the Personnel Director recommends that an offer of employment be made to Alvaro Urrea for the position of Laborer in the Public Works Department; 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, as follows: 1. The Personnel Director shall make an offer of employment to Alvaro Urrea for the position of Laborer in the Public Works Department. 2. The Personnel Director is authorized to hire Alvaro Urrea for the position of Laborer in the Public Works Roads Department upon receipt of satisfactory results of physical and back assessment and drug/alcohol test, effective immediately, at an annual salary of $39,008.00 in accordance with the appropriate collective bargaining unit contract. R 301-2023 RESOLUTION OF THE BOROUGH OF MADISON AWARDING BID FOR THE WATER METER REPLACEMENT PROJECT TO NATIONAL METERING SERVICES WHEREAS, the Borough of Madison publicly advertised for bids for the Water Meter Replacement Project (the “Contract”) in accordance with the Local Public Contracts Law, N.J.S.A. 40A:11-1, et seq.; and WHEREAS, two (2) bids were received; and WHEREAS, the Purchasing Agent and Assistant Borough Administrator/CFO have recommended that the Borough Council award the contract to the lowest, responsive, responsible bidder, National Metering Services, in the lump sum amount of $372,943.75; and WHEREAS, funds are available in Ordinance 24-2022 or in any other account that may be deemed appropriate by the Chief Financial Officer or his designee, and the availability of funds has been certified by the Chief Financial Officer. NOW, THEREFORE, BE IT RESOLVED by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, as follows: PAGE 20 OF 29 Regular Meeting Minutes – November 13, 2023 1. The contract for the Water Meter Replacement Project is hereby awarded to National Metering Services of Kearny, NJ, based upon its qualified bid, in the lump sum amount of $372,943.75. 2. The Mayor and Borough Clerk are hereby authorized and directed on behalf of the Borough to enter into the contract with National Metering Services in a form acceptable to the Borough Attorney. R 302-2023 RESOLUTION OF THE BOROUGH OF MADISON AWARDING A CONTRACT TO ROBERT F. HOOVER & SONS, INC. FOR THE PURCHASE OF A 2025 FREIGHTLINER M2 106 PLUS BUCKET TRUCK AND ACCESSORIES UNDER HOUSTON-GALVESTON AREA COUNCIL (HGAC) NATIONAL COOPERATIVE WHEREAS, the Borough of Madison desires to award a contract for the purchase of a 2025 Freightliner M2 106 Plus Bucket Truck and accessories to an authorized vendor under Houston-Galveston Area Council (HGAC) National Cooperative; and WHEREAS, the purchase of goods and services by a local contracting unit is authorized by the Local Public Contracts Law, N.J.S.A. 40A:11-10, et seq.; and WHEREAS, Houston Freightliner, Inc. of Houston, Texas has been awarded HGAC contract #HT06-20, Medium and Heavy Trucks & Truck Bodies; and WHEREAS, the Director of Public Works and the Purchasing Agent have recommended that the Borough Council utilize this contract for the purchase of a 2025 Freightliner M2 106 Plus Bucket Truck and accessories in the amount of $311,189.00; and WHEREAS, funds are available in Ordinance 50-2023, and the availability of funds has been certified by the Chief Financial Officer. NOW, THEREFORE, BE IT RESOLVED, by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, that a contract be awarded to Houston Freightliner, Inc. for the purchase of a 2025 Freightliner M2 106 Plus Bucket Truck and accessories in an amount not to exceed $311,189.00 under HGAC contract #HT06-20, Medium and Heavy Trucks & Truck Bodies and same is hereby ratified and approved. R 303-2023 RESOLUTION OF THE BOROUGH OF MADISON APPROVING RAFFLES LICENSE APPLICATIONS SUBMITTED BY DREW UNIVERSITY INC. BE IT RESOLVED by the Council of the Borough of Madison, County of Morris, State of New Jersey, that the following applications for Raffles Licenses, to be held as listed below, be and the same are hereby approved: PAGE 21 OF 29 Regular Meeting Minutes – November 13, 2023 DREW UNIVERSITY INC. I.D. No. 274-5-23707 R.A. No. 1562 – On-Premise 50/50 Date of Raffle – January 27, 2024 R.A. No. 1563 – On-Premise Merchandise Date of Raffle – January 27, 2024 R 304-2023 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING SOIL MOVING PERMIT AT BLOCK 3101, LOT 21, 120 MADISON AVENUE WHEREAS, the owner of property located at 120 Madison Avenue, Block 3101, Lot 21, in the Borough of Madison has applied for a soil moving permit in accordance with the requirements of Section 195-45 of the Madison Borough Land Development Ordinance in order to move soil in connection with the construction of a House of Worship; and WHEREAS, the project will require the movement of indigenous soil from the site and conservation measures will be provided; and WHEREAS, the applicant will clearly define the destination for fill material, routes taken, hours of trucking, stabilization measures, soil erosion compliance and the posting of performance/restoration bonds to protect the municipality from hazards associated with incomplete work; and WHEREAS, the Assistant Borough Engineer has determined that temporary measures to minimize temporary construction impacts will be made by the applicant/owner, and there shall be no long term negative impact on the adjacent property owners related to soil moving; and WHEREAS, the Assistant Borough Engineer has recommended the Borough Council authorize the issuance of the soil moving permit subject to regulations governing said activities. 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 Assistant Borough Engineer is authorized to issue a soil moving permit as described herein to Waseem Chaudhary, owner of property, at 120 Madison Avenue, Block 3101, Lot 21, for the purposes set forth herein on such terms and conditions as required by the Madison Land Development Ordinance and the Borough Engineering Department. PAGE 22 OF 29 Regular Meeting Minutes – November 13, 2023 R 305-2023 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING AND DIRECTING THE EXECUTION OF A PURCHASE AND SALE AGREEMENT BY AND BETWEEN THE BOROUGH OF MADISON AND MADISON LODGE #93, F&AM FOR THE PURCHASE OF REAL PROPERTY, LOCATED AT 170 MAIN STREET AND IDENTIFIED AS BLOCK 2001, LOT 17, FOR PUBLIC PURPOSES WHEREAS, the Borough of Madison (the “Borough”) is delirious of obtaining title to certain real property known and designated as 170 Main Street and more particularly described as 0.7239 acres in Block 2001, Lot 17 on the Tax Map of the Borough of Madison, which is presently owned by Madison Lodge #93, F&AM (the “Seller”); and WHEREAS, on November 13, 2023, the Borough Council adopted Ordinance No. 54-2023 to authorize the acquisition of the subject property; and WHEREAS, the cost to acquire said real property shall not exceed the sum of One Million, One Hundred and Twenty-Five Thousand Dollars ($1,125,000.00); and WHEREAS, the Borough of Madison has obtained the funds for such acquisition by appropriate ordinance and/or resolution. NOW, THEREFORE, BE IT ORDAINED by the Borough Council of the Borough of Madison, in the County of Morris, State of New Jersey, that: 1. The aforesaid recitals are incorporated herein as though fully set forth at length. 2. The Mayor and Borough Clerk be and are hereby authorized and directed to execute the Purchase and Sale Agreement by and between by Madison Lodge #93, F&AM and the Borough of Madison with respect to Block 2001, Lot 17, which is located in the Borough of Madison and more commonly known as 170 Main Street, consisting of approximately 0.7239 acres. A copy of the form of Purchase and Sale Agreement is attached hereto as Exhibit A. 3. The Mayor and Borough Clerk be and are hereby further authorized and directed to execute any additional realty closing documents necessary for the property transfer, in a form satisfactory to the Borough Attorney. 4. The execution of any agreement by the Borough be specifically contingent upon the certification from the Chief Financial Officer of the Borough of Madison that sufficient funds are available for the acquisition of this property. 5. The Purchase and Sale Agreement shall provide for the acquisition of the property in an amount not to exceed $1,125,000.00. 6. A certified copy of this Resolution shall be provided to Seller’s Attorney; the Chief Financial Officer of the Borough of Madison; and the Borough Attorney. This Resolution shall take effect immediately. PAGE 23 OF 29 Regular Meeting Minutes – November 13, 2023 R 306-2023 RESOLUTION OF THE BOROUGH OF MADISON REJECTING BID FOR THE 2023 ELECTRIC DEPARTMENT MATERIALS AUTHORIZING REBID WHEREAS, the Borough of Madison publicly advertised for bids for Madison Electric Department Materials in accordance with Local Public Contracts Law N.J.S.A. 40A:11-1 et seq.; and WHEREAS, one (1) bid was received and opened on, November 1, 2023. The sole bid received from Turtle & Hughes of Bridgewater, NJ, failed to include an acknowledgment for Addendum No.1 ; and WHEREAS, the Qualified Purchasing Agent and Borough Attorney have recommended that the bid be rejected pursuant to N.J.S.A. 40A:11-23.2(a), and authorize 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 bid received on November 1, 2023 from Turtle & Hughes for the Madison Electric Department Materials is hereby rejected for the reason set forth herein and the Qualified Purchasing Agent is authorized to rebid for electric materials. R 307-2023 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING AND DIRECTING THE EXECUTION OF DEED AND CLOSING DOCUMENTS FOR PROPERTY LOCATED AT BLOCK 1601, LOTS 1.01 AND 42 WHEREAS, the Borough of Madison, in the County of Morris, New Jersey (the “Borough” or “Lessor”), a public body corporate and politic of the State of New Jersey, is the owner of property located at Block 1601, Lots 1.01 and 42 (hereinafter the “Property”); and WHEREAS, the Borough entered into an Affordable Housing Development Agreement, dated May 21, 2021 (the “Development Agreement”) for the development of a 100% affordable housing project on the Property (the “Project”) by Walnut Street, L.P. and RPM Partners LXV, L.L.C. (collectively referred to as the “Developer”); and WHEREAS, pursuant to the Development Agreement, the Borough has agreed to convey the Property to Developer for the purpose of constructing the Project; and WHEREAS, on November 13, 2023, the Borough Council adopted Ordinance No. 55-2023 to authorize the sale of the subject property; and WHEREAS, the Borough wishes to finalize the deed and closing for the conveyance to the Developer, which is in the best interests of the Borough. NOW, THEREFORE BE IT RESOLVED, by the Council of the Borough of Madison, in the County of Morris, State of New Jersey, that: 1. The aforesaid recitals are incorporated herein as though fully set forth at length. PAGE 24 OF 29 Regular Meeting Minutes – November 13, 2023 2. The Mayor and Borough Clerk are hereby authorized and directed to execute the Deed and any additional realty closing documents necessary for the property transfer, in a form satisfactory to the Borough Attorney or the Borough’s Affordable Housing Counsel. 3. A certified copy of this Resolution shall be provided to the Developer’s Attorney; the Chief Financial Officer of the Borough of Madison; and the Borough Attorney. 4. This Resolution shall take effect immediately. R 308-2023 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING THE SALE OF SURPLUS PROPERTY NO LONGER NEEDED FOR PUBLIC USE ON AN ONLINE AUCTION WEBSITE WHEREAS, the Borough of Madison has determined that surplus Borough property is no longer needed for public use; and WHEREAS, the Borough of Madison intends to utilize the online auction services of Municibid to auction the surplus property. 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 is hereby authorized to sell the surplus property as indicated on an online auction website entitled Municibid.com; and BE IT FURTHER RESOLVED that the terms and conditions of the State Contract T-2581/19-GNSV1-00696 for online auction services is available in the Borough Clerk’s office; and BE IT FURTHER RESOLVED that a certified copy of the within Resolution be forwarded by the Borough Clerk to the State of New Jersey Division of Local Government Services. R 309-2023 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING CHANGE ORDER AND FINAL PAYMENT TO CLARK MOYNIHAN CONSTRUCTION FOR THE MEMORIAL PARK TRAIL PHASE 1 PROJECT WHEREAS, after two unsuccessful bids for the Memorial Park Trail Phase 1 Project, a contract was negotiated with Clark Moynihan Construction, of Andover, New Jersey, for the Memorial Park Trail Phase 1 Reconstruction project; and WHEREAS, the Assistant Borough Engineer has recommended that the Borough Council amend the contract to increase the award amount by $17,436.90 for additional work for unforeseen conditions and final as-built quantities for the Memorial Park Trail, Phase 1 Project; and PAGE 25 OF 29 Regular Meeting Minutes – November 13, 2023 WHEREAS, the Chief Financial Officer has attested that funds will be available in an additional amount not to exceed $294,201.38, which funds are available in Ordinance 28-2022, or in any other account that may be deemed appropriate by the Chief Financial Officer or his designee, and the availability of funds has been certified by the Chief Financial Officer. NOW, THEREFORE, BE IT RESOLVED by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, as follows: 1. The Contract is amended to increase the award amount by an additional $17,436.90 to $294,201.38. 2. The Mayor and Borough Clerk are hereby authorized to execute, on behalf of the Borough, an amended purchase order and contract with Clark Moynihan Construction, of Andover, New Jersey, for the Memorial Park Trail Phase 1 Project at a total price not to exceed $294,201.38, in a form acceptable to the Borough Attorney. R 310-2023 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING FINAL PAYMENT AND CHANGE ORDER TO RIVERVIEW PAVING, INC. IN THE AMOUNT OF $50,000.00 FOR THE GREEN AVENUE PEDESTRIAN SAFETY PROJECT WHEREAS, a contract for the Green Avenue Pedestrian Safety Project, in an amount not to exceed $295,557.50 was awarded to Riverview Paving, Inc., of Hackettstown, New Jersey, by Resolution 286-2022; and WHEREAS, the Assistant Borough Engineer has recommended approval of a change order to the contract for unforeseen conditions in the amount of $50,000.00 bringing the revised contract total to $348,934.20; and WHEREAS, the Chief Financial Officer has attested to the availability of funds for this purpose, which funds were appropriated by Ordinance 41-2022, or in any other account that may be deemed appropriate by the Chief Financial Officer or his designee, and the availability of funds has been certified by the Chief Financial Officer. NOW, THEREFORE, BE IT RESOLVED, by the Council of the Borough of Madison, in the County of Morris and State of New Jersey that the change order request of $53,376.70 from Riverview Paving, Inc. of Hackettstown, New Jersey, for the Green Avenue Pedestrian Safety Project is hereby authorized. PAGE 26 OF 29 Regular Meeting Minutes – November 13, 2023 R 311-2023 RESOLUTION OF THE BOROUGH OF MADISON REQUESTING THE DIRECTOR OF LOCAL GOVERNMENT SERVICES TO APPROVE THE INSERTION OF AN ITEM OF REVENUE IN THE BUDGET OF THE YEAR 2023 WHEREAS, N.J.S.A. 40A:87 provides that the Director of the Division of Local Government Services may approve the insertion of any special item of revenue in the budget of any County or Municipality when such items shall have been made available by law and the amount thereof was not determined at the time of the adoption of the budget; and WHEREAS, said Director may also approve the insertion of any item of appropriation for equal amount; and WHEREAS, the Borough of Madison will receive $913,974.00 from the State Library Grant and wishes to amend its 2023 Budget to include this amount as revenue. NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Borough of Madison in the County of Morris and State of New Jersey hereby requests the Director of Local Government Services to approve the insertion of an item of revenue in the budget of the year 2023 as follows: Miscellaneous Revenues Special Items of General Revenue Anticipated with Prior Written Consent of the Director of Local Government Services: State Library Grant in the sum of $913,974.00; and BE IT FURTHER RESOLVED that the like sum of $913,974.00 is hereby appropriated under the caption of: General Appropriations Operation Excluded from 3.5% Caps Local Grant Off-set by Revenues: State Library Grant – Other Expenses $913,974.00 BE IT FURTHER RESOLVED that the Borough Clerk forward two copies of this resolution to the Director of Local Government Services. R 312-2023 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING STATE OF NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION GREEN ACRES ENABLING RESOLUTION AND APPLICATION WHEREAS, the New Jersey Department of Environmental Protection, Green Acres Program (“State”), provides loans and/or grants to municipal and county governments and grants to nonprofit organizations for assistance in the acquisition and development of lands for outdoor recreation and conservation purposes; and WHEREAS, the Borough of Madison desires to further the public interest by obtaining a Green Acres loan of $0 and/or a Green Acres grant of $500,000 from the State to fund the following project(s): PAGE 27 OF 29 Regular Meeting Minutes – November 13, 2023 #1417-04-009: Madison Borough Open Space Acquisition NOW, THEREFORE, the governing body/board resolves that Robert H. Conley or the successor to the office of Mayor is hereby authorized to: (a) make application for such a loan and/or such a grant, (b) provide additional application information and furnish such documents as may be required, (c) act as the authorized correspondent of the above named applicant; and WHEREAS, the State shall determine if the application is complete and in conformance with the scope and intent of the Green Acres Program, and notify the applicant of the amount of the funding award; and WHEREAS, the applicant is willing to use the State’s funds in accordance with such rules, regulations and applicable statutes, and is willing to enter into an agreement with the State for the above named project; NOW, THEREFORE, BE IT RESOLVED BY THE MADISON BOROUGH COUNCIL THAT: 1. The Mayor of the above named body or board is hereby authorized to execute an agreement and any amendment thereto with the State known as #11417-04-009 (Madison Borough Open Space Acquisition), and; [ 2. The applicant has its matching share of the project, if a match is required, in the amount of $4,875,000. 3. In the event the State’s funds are less than the total project cost specified above, the applicant has the balance of funding necessary to complete the project, and; 4. The applicant agrees to comply with all applicable federal, state, and local laws, rules, and regulations in its performance of the project. 5. This resolution shall take effect immediately. UNFINISHED BUSINESS - None APPROVAL OF VOUCHERS On motion by Mr. Hoover, seconded by Ms. Ehrlich and carried, the following vouchers of the Borough of Madison were approved for payment, and the supporting documentation of said vouchers was made part of the Supplemental Minute Book. Current Fund $575,994.03 General Capital Fund 67,042.27 Electric Operating Fund 230,108.86 Electric Capital Fund 48,050.25 Water Operating Fund 58,147.36 Water Capital Fund 49,649.00 Trusts 215,773.44 Total $1,244,765.21 The following roll call vote was recorded approving the aforementioned vouchers: Yeas: Mr. Hoover, Ms. Ehrlich, Mr. Landrigan, Mr. Range, Mr. Haralampoudis, Ms. Honohan Nays: None PAGE 28 OF 29 Regular Meeting Minutes – November 13, 2023 NEW BUSINESS - None ADJOURN There being no further business to come before the Council, the meeting was adjourned at 9:05 p.m. Respectfully submitted, Elizabeth Osborne Borough Clerk Approved January 8, 2024 (EO) PAGE 29 OF 29