Mayor & Council

MINUTES OF A REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF MADISON March 25, 2024 - 7 p.m. CALL TO ORDER The Regular Meeting of the Mayor and Council of the Borough of Madison was held on the 25th day of March, 2024. 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, 2024. 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: Rachael Ehrlich Robert Landrigan Eric P. Range Thomas Haralampoudis Melissa Honohan John J. Forte 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. Range moved: RESOLVED, that the meeting be adjourned to an Executive Session to consider the following matters: MINUTES FOR APPROVAL (1) March 11, 2024 Date of public disclosure 60 days after conclusion, if disclosure required. CONTRACT MATTERS (1) MASONIC LODGE ARCHITECTURAL SERVICES Date of public disclosure 60 days after conclusion, if disclosure required. Regular Meeting Minutes – March 25, 2024 LITIGATION MATTERS (3) LABOR NEGOTIATIONS AFFORDABLE HOUSING LITIGATION 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 remember the following Madison residents: Nancy Jean Croessmann Anna Marie Adams Vivi Manak APPROVAL OF MINUTES Mr. Range moved approval of the Executive Minutes of March 11, 2024. Ms. Ehrlich seconded the motion, which passed with a unanimous voice call vote recorded. Mr. Range moved approval of the Regular Meeting Minutes of March 11, 2024. Ms. Ehrlich seconded the motion, which passed with a unanimous voice call vote recorded. GREETINGS TO PUBLIC Mayor Conley made the following comments: Mayor Conley noted the success of the annual Taste of Madison, held at the Madison Hotel, thanking all the sponsors. Mayor Conley also noted his participation at the fourth Grade Talent Show, featuring local students in magic, comedy and dance. REPORTS OF COMMITTEES Public Safety Mr. Range, Chair of the Committee, made the following comments: On March 22nd Chief Miscia met with all Kings Road School classes for the kickoff of Kindness Week. The Chief spoke to classes ranging from Kindergarten through 5th grades giving them examples of what kindness looks like and to hear from the students as to what they do to show kindness to others. The Chief was also invited back on April 26th to have lunch with the students. The ARRIVE Together program is in full swing and officers and families are seeing immediate results. The ARRIVE program which begun on March 4th, is a program which provides individuals in mental crisis the assistance they need, in real time, by teaming up a mental health clinician with responding police officer. For more information go to www.rosenet.org and type “Arrive Together” in the search bar. During the week of March 11th, two Madison officers completed the 40 hour CIT (Crisis Intervention) Training. The training provides knowledge on different types of mental disorders and conditions, including schizophrenia, depression, developmental disabilities and autism. The training develops skills to promote safe encounters with law enforcement by teaching communication and de-escalation techniques, and enables participants to provide information and access to services that can aid these persons in lieu of incarceration. Chief Miscia’s goal is to have all Madison officers trained in CIT by PAGE 2 OF 17 Regular Meeting Minutes – March 25, 2024 end of 2025. The Madison Fire Department reports eighteen general alarms, nine still alarms, twenty-four investigations and seventy-five medicals in the month of March for a total of 126 calls. All three probationary career firefighters have received Emergency Medical Technician (EMT) licenses. The Madison Fire Department operates a confined space rescue team. The team specializes in rescues where people are trapped in tight areas with hazards atmospheres. These services are provided to Madison, Madison and Chatham Joint Meeting and the surrounding areas. In the coming weeks the four newest firefighters will be going to Confined Space Technician school. Members of the career division have completed the Certified Emergency Vehicle Operator Course. The Fire Department and Madison Volunteer Ambulance Unit, MVAC, have started their combined training. All members took the electronic patient documentation class. The State of NJ requires all patient reports to be submitted electronically. Finance and Borough Clerk Ms. Ehrlich, Chair of the Committee, made the following comments: This evening the Council will consider the introduction of Ordinance 11-2024, which establishes a Cap Bank. The State of New Jersey issued two laws that limit municipal spending. The first is a levy cap, which limits our tax increase to 2% but there are certain exceptions such as increases in Capital. The second cap is the Appropriations Cap which limits the increase in appropriations to a certain amount. However, if the Borough passes an ordinance, budget appropriations could increase by 3.5% with the difference being placed in a cap bank. The Cap Bank holds two years of excess appropriations in it. Doing this gives flexibility to future Councils should there be a sudden and significant increase in expenses such as rock salt, fuel, natural gas and alike. In fact, the cap is helping us this year since the Budget is increasing by 5.27%. Ordinance 11-2024 will establish that Appropriations Cap Bank and we will be voting to introduce that ordinance tonight. The second important step we are taking this evening is the introduction of the official budget document. Council had six discussions and presentations on the budget. The process is very transparent with all presentations on Rosenet and all discussions available for viewing on the Borough website. This budget includes a 1.75% property tax increase, which is the equivalent is about $4.50 a month increase for the average home. R 111-2024 will record the vote to introduce the budget. After the budget is introduced, state law mandates that it be available for public viewing for at least 28 days. The document will be on rosenet, at the library and in the clerk’s office. We will then vote to adopt the budget at the Council meeting on Monday April 22th. The third item for consideration this evening is R 118-2024, which allows ‘self-examination’ of the municipal budget. NJ Statute mandates that all municipal budgets be reviewed annually. However, fiscally strong and prudent towns like Madison are permitted are reviewed once every three years. This helps us makes our budget process easier and it frees up state resources so they can focus on more challenged municipalities. Public Works and Engineering Mr. Landrigan, Chair of the Committee, made the following comments: Reporting for the Department of Public Works, Mr. Landrigan noted that the Department repaired a sewer line break that was damaged by contractor. Sewer jetting is continuing, locations are posted on social media / Borough website. The Roads Department continuing to patch potholes, and the Mechanical Services are cleaning, repairing and putting away plows and salting equipment. The Parks Department continues to ready fields for various spring sports. The Engineering Department reports that work at the Well B facility should be finished before the summer and the Utility Rood replacement project and Memorial Park Trails, Phase 3 PAGE 3 OF 17 Regular Meeting Minutes – March 25, 2024 project should begin this week. The Cook Avenue Parking Lot Improvements project bids are due Thursday March 28, 0224. Utilities Mr. Haralampoudis, Chair of the Committee, made the following comments: Mr. Haralampoudis noted that along with normal maintenance and operations, the Water Utility Department dug and repaired two curb boxes, froze a line and installed a new valve, and completed interior painting of ‘D’ Well. Meter replacement continues on the Borough’s end along with an outside contractor. A well tech diagnosed trouble with the VFD at ‘D’ Well and we are waiting on a contractor for assistance. The Electric Utility reports that on March 11th the Department replaced two poles due to storm damage. Doherty Roofing has started the replacement of the roof on the water and light plant building. Crews are working on new pole sets for Lorraine Road circuit tie point project, the 28 Walnut Street and Community Place housing development, and at 286 Main Street, the Madison Mall Apartments, including infrastructure upgrades with these projects. The Department continues daily work orders consisting of substation inspection, truck and equipment maintenance, mark outs, residential service disconnects for demo or reconstruction, new service upgrades, tree issues with wires, street light and post lamp repairs, emergency calls and repairs and site meetings with contractors for service questions, concerns and job layout. Community Affairs Ms. Honohan, Chair of the Committee, made the following comments: The Downtown Development Commission's next regular meeting will be held on Thursday, April 18th, at 7:15 p.m. in the 2nd Floor Committee Room in the Hartley Dodge Memorial Building. The public is invited to attend. The Downtown Development Commission plans to reinvent the Madison Farmers Market for the 2024 season. It will now be called the Madison Farm & Artisan Market and will be held on Saturdays from May 25th through December 14th in the Prospect Street Parking Lot, from 10:00 am until 3:00 pm. The hope is that the new format will allow for greater participation closer to the heart of Madison. If you are interested in participating in the market, please email Lisa Ellis at ddc@rosenet.org. The Downtown Development Commission launched a total refresh of the event formerly known as May Day last year, and the event is now called Madison Green & Clean. The event will again incorporate a town-wide beautification day on Saturday, April 27th, from 9:00 to 2:00 pm. The rain date will be Sunday, April 28. The annual Arbor Day celebration will once again kick off the event. This event also now features a focus on eco-friendly initiatives. Information on sponsorship, donation, and volunteering is available on rosenet. The Madison Chamber of Commerce “Find Shelly the Easter Egg” scavenger hunt has been extended to March 29th. Due to this past weekend's weather, Easter Fun Fest will now take place on Saturday, March 30th, from 11:00 am to 12:30 pm. Ladies Night is scheduled for Thursday, May 9th. This is the last week of the art exhibit of Multicolored Viewpoints, Katie Truck's multi-media work, at the Madison Community Arts Center’s Roseum Gallery through March 30th. In April, the Roseum will feature plein air paintings and drawings as part of Earth Month celebrations. The Summit Film Society will be showing two documentaries: Remembering Gene Wilder on Friday, April 5th at 7:30 pm and Indigo Girls: It’s Only Life After All on Saturday, April 13th, also at 7:30. Tickets are available either on the Film Society of Summit Website (where you can purchase a membership) or on the MCAC website. On Saturday, April 6th, MCAC will present Rosebuds: A Night of Comedy, featuring some excellent comics from Northern NJ. MCAC has announced funding from the Smart Foundation for the New Jersey Women Playwrights Program, which will support the development of PAGE 4 OF 17 Regular Meeting Minutes – March 25, 2024 nine new works by women playwrights living or associated with the state. The first reading, as part of Earth Month, will be two one-acts: The Polar Bear by Morristown resident Maryanne Melloan Woods and The Iceberg Effect by Michele Kushner. The date is Sunday, April 14th, at 7:00 pm. The program will run through December 2024. MCAC has also announced the Mostly Madison Dance Festival, which will feature nine evenings of dance and plays and films about dance. The festival will begin on Thursday, April 25th, and run through May 5th. Wednesday open mics are coming up each Wednesday in April. Health Mr. Forte, Chair of the Committee, made the following comments: Mr. Forte noted that the Health Department has COVID test kits and vaccines available. While COVID-19 cases are low, seasonal influenza is still high. Please contact the Health Department regarding vaccine availability. The Madison Health Department, in conjunction with the Morris Regional Health Partnership & TCNJ, is excited to announce the launch of a Community Health Assessment survey. The survey is a crucial component of a larger effort to gather data from various sources. Residents can take the survey on line at rosenet from April 1st through April 7th. Annual Pet Licensing is ongoing, please contact the Health Department for your pet license renewal. COMMUNICATIONS AND PETITIONS – None INVITATION FOR COMMENT (1 of 2) Mayor Conley opened the meeting to the public for their opportunity to ask questions and make comments on those items listed on the Agenda only. Mayor asked that, upon recognition by the Meeting Moderator, each person give his/her name and address in an audible tone of voice, for the record. He/she shall limit his/her statement to three (3) minutes or less. Claire Whitcomb; Fairwood Road, commented on Resolution 120-2204, regarding Affordable Housing legislation, noting the importance of sound policies on the environment. Mary Jane; Highview Terrace, thanked Assembly Representative Mikie Sherrill and Senator Cory Booker for their efforts to provide grant funds to preserve the Drew Forest. Lydia Chambers; Millbrook Drive, Vernon, thanked the Borough Administration, Mayor and Council for working with our federal representatives to secure grant funding for the Drew Forest. Colette Crescas; Albright Circle, representing the Friends of the Drew Forest, thanked the Mayor and Council for working with Rep. Mikie Sherrill and all their efforts to save the Drew Forest. INTRODUCTION OF THE 2024 CAP BANK ORDINANCE AND THE BUDGET AND TAX RESOLUTION R 111-2024 CAP BANK ORDINANCE Mayor Conley calls up Ordinance 11-2024 for first reading and asks the Borough Clerk to read said ordinance by title: PAGE 5 OF 17 Regular Meeting Minutes – March 25, 2024 ORDINANCE 11-2024 CALENDAR YEAR 2024 ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK (N.J.S.A. 40A: 4-45.13) WHEREAS, the Local Government Cap Law, N.J.S. 40A: 4-45.1 et seq., provides that in the preparation of its annual budget, a municipality shall limit any increase in said budget to 2.5% unless authorized by ordinance to increase it to 3.5% over the previous year’s final appropriations, subject to certain exceptions; and, WHEREAS, N.J.S.A. 40A: 4-45.15a provides that a municipality may, when authorized by ordinance, appropriate the difference between the amount of its actual final appropriation and the 3.5% percentage rate as an exception to its final appropriations in either of the next two succeeding years; and, WHEREAS, the Borough Council of the Borough of Madison in the County of Morris finds it advisable and necessary to increase its CY 2024 budget by up to 3.5% over the previous year’s final appropriations, in the interest of promoting the health, safety and welfare of the citizens; and, WHEREAS, the Borough Council hereby determines that a 3.5% increase in the budget for said year, is estimated to be $806,634.85 in excess of the increase in final appropriations otherwise permitted by the Local Government Cap Law, is advisable and necessary; and, WHEREAS the Borough Council hereby determines that any amount authorized hereinabove that is not appropriated as part of the final budget shall be retained as an exception to final appropriations in either of the next two succeeding years. NOW THEREFORE BE IT ORDAINED, by the Borough Council of the Borough of Madison, in the County of Morris, a majority of the full authorized membership of this governing body affirmatively concurring, that, in the CY 2024 budget year, the final appropriations of the Borough of Madison shall, in accordance with this ordinance and N.J.S.A. 40A: 4-45.14, be increased up to 3.5%, amounting to $806,634.85 and that the CY 2024 municipal budget for the Borough of Madison be approved and adopted in accordance with this ordinance; and, BE IT FURTHER ORDAINED, that any amount authorized herein above that is not appropriated as part of the final budget shall be retained as an exception to final appropriation in either of the next two succeeding years; and, BE IT FURTHER ORDAINED, that a certified copy of this ordinance as introduced be filed with the Director of the Division of Local Government Services within 5 days of introduction; and, BE IT FURTHER ORDAINED, that a certified copy of this ordinance upon adoption, with the recorded vote included thereon, be filed with said Director within 5 days after such adoption. Mr. Range moved that Ordinance 11-2024, which was read by title, be introduced. Ms. Ehrlich seconded the motion. There was no further Council discussion, and the motion passed with the following roll call vote recorded: PAGE 6 OF 17 Regular Meeting Minutes – March 25, 2024 Yeas: Ms. Ehrlich, Mr. Landrigan, Mr. Range, Mr. Haralampoudis, Ms. Honohan, Mr. Forte Nays: None Mr. Burnet noted the process and several highlights of the proposed budget including the State guidelines for Introduction and Adoption. BUDGET INTRODUCTION Statement by Borough Clerk: Upon introduction and adoption, the 2024 Budget and Tax Resolution will be published by summary in the Madison Eagle on March 28, 2024 with a public hearing date set for Monday April 22, 2024 at 8 p.m., at which time and place all interested individuals will have an opportunity to be heard, and there will be consideration for final adoption. A copy of the budget as introduced will be filed with the Madison Public Library and the County Library, and posted on the Borough’s website for public review. R 111-2024 RESOLUTION OF THE BOROUGH OF MADISON ADOPTING THE 2024 BUDGET AND TAX RESOLUTION Ms. Ehrlich moved adoption of Resolution 111-2024. Mr. Range seconded the motion. There was no Council discussion and the motion passed with the following roll call vote recorded: Yeas: Ms. Ehrlich, Mr. Landrigan, Mr. Range, Mr. Haralampoudis, Ms. Honohan, Mr. Forte Nays: None AGENDA DISCUSSIONS 03/25/2024-1 AFFORDABLE HOUSING LEGISLATION Mayor Conley explained recently enacted Affordable Housing legislation and stated that the Borough is not fighting the concept of Affordable Housing, but the process. Mayor Conley noted that the cost and current structure are overwhelming, and unfair to municipalities that have consistently done their fair share for Affordable Housing. Once in place, poorly planned improvements are permanent, and urge the State to introduce new legislation to improve A4/S50. ADVERTISED HEARINGS - None 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. Bart Glab; Sgt. Madison Police Department, read a statement regard recent collective bargaining negotiations between the Borough of Madison and the Superior Officers Association (SOA) Local 92, citing administration is not negotiating. Michael Clancy, Police Officer Madison Police Department, asked why officers should do more with less, and asked that the administration be transparent with salaries. PAGE 7 OF 17 Regular Meeting Minutes – March 25, 2024 Robert O’Donnell, Brittin Street, asked that the Borough not defund the Police Department and settle the contract fairly with the SOA. Stuart Alterman, Esq., Attorney for the SOA Local 92, noted that the Borough has adequate funds to pay officers what they asked for, that the officers don’t feel supported and noted that there are not enough officers. Allen Spatola, Rose Avenue, stated that negotiations are hidden and that Madison has the resources to give the Police Officers what they ask for. Peter DeRosa, Pine Avenue, asked the Council to do the right thing by the Police Superior Officers. Katie Zuhn, Rosedale Avenue, thanked the Police Officers and the embers of the Borough Council and asked that the contract be settled. Patty Millin, Park Avenue, stated that she’s sad the Police Officer have to go through labor negotiations. Victor Alsapio; Park Avenue, asked that the Borough try to keep officers employed. Christin McKenna, Station Road, noted she choose Madison because it’s safe and encouraged those negotiating to work with the officers. Jerry Mantone, Highland Avenue, noted he created the SOA while working for the Madison Police Department, and that the negotiations should not be in arbitration. Michael Piano, Lathrup Avenue, stated that the Council should not keep municipal taxes low on the backs of the employees. 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. Range 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: Ms. Ehrlich, Mr. Landrigan, Mr. Range, Mr. Haralampoudis, Ms. Honohan, Mr. Forte Nays: None R 112-2024 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING A CONTRACT WITH CLARK CATON HINTZ FOR PROFESSIONAL SERVICES REGARDING MADISON MASONIC LODGE PAGE 8 OF 17 Regular Meeting Minutes – March 25, 2024 WHEREAS, the Borough Administrator has recommended execution of a professional services contract with Clark Caton Hintz, regarding construction plans and specifications for the renovation of the Masonic Lodge, pursuant to a written proposal from Clark Caton Hintz dated March 11, 2024; and WHEREAS, such services constitute professional services for which a contract may be awarded without the need of competitive bidding pursuant to N.J.S.A. 40A:11-5(1)(a); and WHEREAS, Clark Caton Hintz, has submitted to the Borough Purchasing Agent, the required documents to satisfy the requirements of N.J.S.A. 19:44A-20.5, since this matter may be awarded without competitive bidding; and WHEREAS, funds are available in the Open Space, Recreation and Historic Preservation Trust Fund, 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 Mayor and Borough Clerk are authorized to execute on behalf of the Borough a professional services contract with Clark Caton Hintz, for construction plans and specifications for the renovation of the Masonic Lodge, pursuant to a written proposal from Clark Caton Hintz dated March 11, 2024, in an amount not to exceed $90,800.00 in a form acceptable to the Borough Attorney. 2. The Borough Clerk is hereby directed to publish notice of the adoption of this resolution in the official newspaper of the Borough of Madison within ten (10) days of its adoption pursuant to N.J.S.A. 40A:11-5. R 113-2024 RESOLUTION OF THE BOROUGH OF MADISON APPOINTING LISA QUINN TO THE PART-TIME POSITION OF TECHNICAL ASSISTANT TO THE CONSTRUCTION CODE OFFICIAL (TACO) IN THE BUILDING DEPARTMENT WHEREAS, Lisa Quinn is employed as a part-time Office Assistant in the Building Department of the Borough of Madison; and WHEREAS, the Construction Code Official has recommended a title change and merit increase to Lisa Quinn in recognition of her successful State Certification as a Technical Assistant to the Construction Code Official (TACO); and WHEREAS, the Construction Code Official has recommended increasing the hourly rate of pay from $26.53/hour to $38.45/hour. PAGE 9 OF 17 Regular Meeting Minutes – March 25, 2024 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 title of part-time Technical Assistant to the Construction Code Official and increase in salary to $38.45/hour, is hereby approved. R 114-2024 RESOLUTION OF THE BOROUGH OF MADISON APPOINTING RENE STOIA TO THE POSITION OF SUBSTITUTE CROSSING GUARD WHEREAS, the Personnel Director has recommended appointing Rene Stoia to the position of Substitute Crossing Guard; and WHEREAS, the Chief Financial Officer has attested that funds are available for this purpose in the 2024 Police Department Budget # 240, Operating Account for Part-time Help #130. NOW, THEREFORE, BE IT RESOLVED, by the Council of the Borough of Madison, County of Morris, State of New Jersey that upon satisfactory completion of a background check, Rene Stoia is appointed to the position of Substitute Crossing Guard for the Borough of Madison for the 2024-2025 school year. BE IT FURTHER RESOLVED, that Rene Stoia be compensated at the current rate of pay of $21.45/hour. R 115-2024 RESOLUTION OF THE BOROUGH OF MADISON APPROVING USE OF GIBBONS PARK BY THE GARDEN CLUB OF MADISON ON MAY 4, 2024 WHEREAS, the members of the Madison Garden Club have requested permission to use Gibbons Park on Saturday, May 4, 2024, between the hours of 8:00 a.m. and 2:00 p.m. for use during the Town-wide Garage Sale; and WHEREAS, the Borough Administrator has recommended that upon submission of an application and insurance 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 Garden Club of Madison has permission to use Gibbons Park on Saturday, May 4, 2024, between the hours of 8:00 a.m. and 2:00 p.m. is hereby approved subject to such safety requirements as may be directed by the Madison Police Department and/or Fire Department. PAGE 10 OF 17 Regular Meeting Minutes – March 25, 2024 R 116-2024 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING USE OF COMMUNITY POOL PUBLIC PARKING LOT BY THE GARDEN CLUB OF MADISON WHEREAS, the Garden Club of Madison has requested permission to use the public parking lot at the Madison Community Pool on April 22, 2024 between the hours of 9:00 a.m. and 3:00 p.m. for a trip to the Garden Club of America (GCA) headquarters; 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 Garden Club of Madison is hereby given permission to use the parking area at the Madison Community Pool on April 22, 2024 between the hours of 9:00 a.m. and 3:00 p.m., subject to such safety requirements as may be directed by the Madison Police Department and/or Fire Department. R 117-2024 RESOLUTION OF THE BOROUGH OF MADISON AWARDING CONTRACT TO BINSKY & SNYDER, LLC, INC. FOR THE PREVENTIVE MAINTENANCE/REPAIR OF HVAC EQUIPMENT WHEREAS, the Borough of Madison publicly advertised for bids for the Preventive Maintenance/Repair of HVAC Equipment (the “Contract”) in accordance with the Local Public Contracts Law, N.J.S.A. 40A:11-1, et seq.; and WHEREAS, the apparent low bid submitted by Air Systems Maintenance, Inc. of Kenilworth, New Jersey was rejected due to a fatal defect concerning their lack of acknowledgement of an addendum as determined by the Borough Attorney; and WHEREAS, the Qualified Purchasing Agent has recommended that the Borough Council award the contract to the next lowest qualified bidder Binsky & Snyder, LLC, Inc. of Piscataway, New Jersey, in the base bid amount of $56,300.00; and WHEREAS, the Chief Financial Officer has attested that funds will be available for this purpose in the 2024 Public Works operating budget. 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 11 OF 17 Regular Meeting Minutes – March 25, 2024 1. The contract for the Preventive Maintenance/Repair of HVAC Equipment is hereby awarded to Binsky & Snyder, LLC, Inc. of Piscataway, New Jersey based upon its base bid in the amount of $56,300.00. 2. The Mayor and Borough Clerk are hereby authorized and directed on behalf of the Borough to enter into the contract with Binsky & Snyder, LLC, Inc. in a form acceptable to the Borough Attorney. R 118-2024 2024 SELF EXAMINATION OF THE MUNICIPAL BUDGET WHEREAS, N.J.S.A. 40A:4-78b has authorized the Local Finance Board to adopt rules that permit municipalities in sound fiscal condition to assume the responsibility, normally granted to the Director of the Division of Local Government Services, of conducting the annual budget examination; and WHEREAS, N.J.A.C. 5:30-7 was adopted by the Local Finance Board on February 11, 1997; and WHEREAS, pursuant to N.J.A.C. 5:30-7.2 through 7.5, the Borough of Madison has been declared eligible to participate in the program by the Division of Local government Services, and the Chief Financial officer has determined that the local government meets the necessary conditions to participate in the program for the 2024 budget year. NOW THEREFORE BE IT RESOLVED by the governing body of the Borough of Madison that in accordance with N.J.A.C. 5:30-7.6a & 7.6b and based upon the Chief Financial Officer's certification, the governing body has found the budget has met the following requirements: 1. That with reference to the following items, the amounts have been calculated pursuant to law and appropriated as such in the budget: a. Payment of interest and debt redemption charges b. Deferred charges and statutory expenditures c. Cash deficit of preceding year d. Reserve for uncollected taxes e. Other reserves and non-disbursement items f. Any inclusions of amounts required for school purposes. 2. That the provisions relating to limitation on increases of appropriations pursuant to N.J.S.A. 40A:4-45.2 and appropriations for exceptions to limits on appropriations found at N.J.S.A. 40A:4-45.3 et seq., are fully met (complies with CAP law). 3. That the budget is in such form, arrangement, and content as required by the Local Budget Law and N.J.A.C. 5:30-4 and 5:30-5. 4. That pursuant to the Local Budget Law: PAGE 12 OF 17 Regular Meeting Minutes – March 25, 2024 a. All estimates of revenue are reasonable, accurate and correctly stated, b. Items of appropriation are properly set forth c. In itemization, form, arrangement and content, the budget will permit the exercise of the comptroller function within the municipality. 5. The budget and associated amendments have been introduced and publicly advertised in accordance with the relevant provisions of the Local Budget Law, except that failure to meet the deadlines of N.J.S.A. 40A:4-5 shall not prevent such certification. 6. That all other applicable statutory requirements have been fulfilled. BE IT FURTHER RESOLVED that a copy of this resolution will be forwarded to the Director of the Division of Local Government Services upon adoption. R 119-2024 RESOLUTION OF THE BOROUGH OF MADISON THANKING UNITED STATES REPRESENTATIVE MIKIE SHERRILL FOR SECURING FEDERAL FUNDING TO SAVE THE DREW FOREST WHEREAS, Congresswoman Mikie Sherrill proudly represents New Jersey’s th 11 District, including the Borough of Madison; and WHEREAS, the Drew Forest Preserve, 51 acres with mature trees and glacial ponds on Drew University’s 163 acre campus is an irreplaceable natural resource because of its unique diversity and features, and WHEREAS, Congresswoman Sherrill believes that conservation of open space and in particular, preserving the Drew Forest, is one of the top issues concerning local leaders and constituents; and WHEREAS, Congresswoman Sherrill is proud to join bipartisan partners across all levels of government in the effort to permanently protect this critical resource; and WHEREAS, the Community Project funding is an important component to saving the Drew Forest; and WHEREAS, the Borough of Madison is fortunate to have Drew University, the University in the Forest, in our community, providing critical recharge for the Buried Valley Aquifer for thirty-one municipalities in Morris, Essex, Somerset and Union counties; and WHEREAS, the preservation of this forest preserve is a benefit not only to Madison but the entire region. PAGE 13 OF 17 Regular Meeting Minutes – March 25, 2024 NOW, THEREFORE, BE IT RESOLVED by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, along with the Borough Administrators and all residents that she serves, join in thanking Representative Mikie Sherrill for her successful efforts to secure federal grant funding in the amount $4,116,289.00 for the Drew Forest acquisition. R 120-2024 RESOLUTION OF THE BOROUGH OF MADISON REQUESTING AMENDMENTS TO ASSEMBLY BILL NO. 4/SENATE BILL NO. 50 REGARDING AFFORDABLE HOUSING WHEREAS, Madison has a long and positive history of building affordable housing units throughout our community; and WHEREAS, Madison is one of only three towns in Morris County to establish a public housing authority; and WHEREAS, the Madison Housing Authority has been in existence for over 50 years building hundreds of affordable rental units; and WHEREAS, Madison established an affordable housing corporation over 30 years ago; and WHEREAS, Madison believes that providing affordable housing is a moral and not just a legal obligation; and WHEREAS, Madison is currently building a state-of-the-art forty-four (44) unit affordable housing development on Walnut Street and Community Place that will be a statewide model for energy efficiency and climate-friendly building features in a municipal development where 100% of the units will be occupied by low-income families; and WHEREAS, in lieu of reinstituting COAH, Governor Murphy and the New Jersey Legislature adopted A-4 and S-50 without significant municipal input or consultation; and WHEREAS, the legislation is seriously flawed and provides zero funding to municipalities to meet these enhanced obligations which will increase local property taxes for the foreseeable future; and WHEREAS, the legislation does not address the enormous financial burdens on towns to comply with their Round 3 obligations before unilaterally imposing very substantial additional burdens on towns for Round 4 starting in July 2025; and WHEREAS, the legislation requires municipalities to create a realistic opportunity for satisfaction of a fair share without taking into account how many affordable units can realistically be achieved throughout traditional inclusionary zoning (where generally one out of every five units must be affordable); and WHEREAS, the A4/S50 Bill lacks any analysis of the economic impacts of the bill but will set a mandate for billions of dollars of construction within the state, requiring affordable housing in excess of 40% of all units permitted in a given year; and PAGE 14 OF 17 Regular Meeting Minutes – March 25, 2024 WHEREAS, in New Jersey local governments and schools must bear many of the direct costs associated with infrastructure, education, traffic, public safety, and other demands created by this new development; and WHEREAS, in stark contrast to the purported goal of A4/S50 to reduce litigation, A4/S50 dramatically proliferates litigation by providing many opportunities to sue the subject municipality and through other means; and WHEREAS, the A4/S50 Bill reduces, and in some cases completely eliminates affordable housing bonus credits, and creates an overcomplicated and difficult process to obtain the bonus credits that are still available under the bill; and WHEREAS, the A4/S50 Bill creates unfair requirements and ambiguity when it comes to the Vacant Land Adjustment process, which could lead to municipalities like Madison that lack vacant land being required to produce more affordable housing units than is practical; and WHEREAS, the Office of Legislative Services (OLS) has not evaluated the formula required by the A4/S50 Bill for calculating a municipality’s Fourth Round or Prospective Need Obligation for its magnitude or reasonableness; and WHEREAS, the New Jersey League of Municipalities did not support the legislation that was adopted; and WHEREAS, the New Jersey chapter of the American Planning Association has cited that “The rapid timeline has left valuable stakeholders, important voices, and partners out of this discussion” and that Affordable housing “Must be built within a context of existing or planned infrastructure and access to natural resources and in a way that bolsters a 21st-century economy” and WHEREAS, the New Jersey Planning Boards Board of Directors has stated that: A-4 drastically changes affordable housing law, will not advance the interests of low and moderate-income households, and will adversely affect municipalities. WHEREAS, as explained below, the bill dilutes the protections to which a municipality is currently entitled as it seeks to comply voluntarily and even after it secures approval of its affordable housing plan; and WHEREAS, currently, laws preserve a municipality's immunity in the absence of proof that the municipality is “determined to be constitutionally noncompliant”, the bill does not give municipalities seeking to comply voluntarily the same measure of protection the Supreme Court deemed appropriate; and WHEREAS, A5/S50 subjects municipalities to litigation not only as they seek approval of their Housing Element and Fair Share Plans, but also even after they secure approval of those plans; and WHEREAS, more specifically, A4/S50 provides municipalities a “compliance certification” if the municipality secures approvals of its affordable housing plan; however, that certification does not prevent an interested party from “alleging that, despite the issuance of compliance certification, a municipality’s fair share obligation, fair share plan, housing element, or ordinances implementing the fair share plan or housing element are in violation of the Mount Laurel doctrine; and PAGE 15 OF 17 Regular Meeting Minutes – March 25, 2024 WHEREAS, under current laws, a municipality would have a right to rely on the fair share number that COAH provides; however, under the legislation, a municipality would only have a presumption of validity that the number the DCA provides to the municipality is appropriate and Fair Share Housing Center (FSHC), a deep-pocketed developer or any other interested party could seek to overcome that presumption through litigation; and WHEREAS, the A4/S50 Bill replaces a straightforward system by which a municipality could secure bonus credits up to 20 percent cap with a highly complicated system for securing bonuses with many conditions attached to various forms of bonus; and WHEREAS, as a result of the pronounced lack of due diligence, the bill will likely force taxes to increase dramatically and will foster serious overdevelopment creating unreasonable burdens on our schools, public services, roads, sewers, water infrastructure, natural resources, open spaces, and taxpayers; and WHEREAS, the Legislature clearly can and should upgrade affordable housing policies in our State; however, this legislation is not the answer. NOW, THEREFORE, BE IT RESOLVED, by the Council of the Borough of Madison, in the County of Morris and the State of New Jersey, that for all of the above reasons, the Madison Borough Council requests that substantive amendments be written and re-introduced with municipalities, professional planners, and economic experts at the table in a way that imposes achievable obligations and facilitates the ability of towns to satisfy their obligations. A copy of this resolution shall be sent to Governor Murphy, all State Legislators, and all Morris County Municipalities. UNFINISHED BUSINESS - None APPROVAL OF VOUCHERS On motion by Mr. Range, 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 $4,224,031.76 General Capital Fund 66,820.00 Electric Operating Fund 383,182.52 Electric Capital Fund 20,236.00 Water Operating Fund 45,547.31 Water Capital Fund 5,123.00 Trusts 16,228.05 Total $4,761,168.64 The following roll call vote was recorded approving the aforementioned vouchers: Yeas: Ms. Ehrlich, Mr. Landrigan, Mr. Range, Mr. Haralampoudis, Ms. Honohan, Mr. Forte Nays: None PAGE 16 OF 17 Regular Meeting Minutes – March 25, 2024 NEW BUSINESS - None ADJOURN There being no further business to come before the Council, the meeting was adjourned at 10:00 p.m. Respectfully submitted, Elizabeth Osborne Borough Clerk Approved April 22, 2024 (EO) PAGE 17 OF 17