Mayor & Council

MINUTES OF A REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF MADISON May 13, 2024 - 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 May, 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 Eric P. Range Thomas Haralampoudis Melissa Honohan John J. Forte Absent: Robert Landrigan, excused Also Present: Raymond M. Codey, Borough Administrator James E. Burnet, Assistant Borough Administrator Caridad Reyes, Deputy Clerk for 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 (0) None Date of public disclosure 60 days after conclusion, if disclosure required. PERSONNEL MATTERS (1) FIRE DEPARTMENT PERSONNEL Date of public disclosure 90 days after conclusion, if disclosure required. LITIGATION MATTERS (3) LABOR NEGOTIATIONS Regular Meeting Minutes – May 13, 2024 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 remembered the following Madison residents with a moment of silence. Laurie Hagerich Mary Prudente APPROVAL OF MINUTES - NONE GREETINGS TO PUBLIC Mayor Conley made the following comments: Mayor Conley reminded residents that the next meeting of the Council will be held on Wednesday, May 29, 2024, due to the Memorial Day Holiday. There will be only one meeting will be held in June on June 10, 2024. The June 24, 2024 meeting being cancelled. On April 27, 2024, the Borough held the second “Madison Clean and Green Day” along with the annual “Arbor Day” celebration. Mayor Conley thanked Mr. Range for attending on his behalf and all the residents that made this event a success. Mayor Conley also thanked the Madison Shade Tree Management Board and the Friends of the Madison Shade Tree for all their efforts coordinating Arbor Day. Employee of the Month for March Patrolman Matthew Mirabella of the Madison Police Department. Patrolman Mirabella went over and above by restored the confidence of a traumatized family after their vehicle was vandalized. Proclamation In Memoriam of Laurie Hagerich Mayor Conley called forward the family of recently deceased Madison resident and longtime volunteer Laurie Hagerich, to receive the following proclamation: REPORTS OF COMMITTEES Public Safety Mr. Range, Chair of the Committee, made the following comments: Mr. Range congratulated Mayor Conley on his installation as President for the New Jersey Conference of Mayors. Mr. Range stated how proud everyone is of Mayor Conley and looks forward to all the great things he will accomplish during his tenure as President. On May 8, 2024 the Police Department attended the County of Morris Criminal Justice day, where they met with students and answered questions about the Law Enforcement profession. On May 17, 2024, Chief Mischa, School Resource Officers and Command Staff Members attended recess at the Kings Road School. They had lunch with the students to bolster more connectivity with the youth community. During the past two months (6) six members of the Police Department were trained to be a part of the newly formed Crime Prevention Unit, which will respond to residents’ requests for Home Security Assessments. Please check the rosenet.org webpage for updates on when this program will become available. The Fire Department responded to one hundred sixty (160) calls for the month. PAGE 2 OF 29 Regular Meeting Minutes – May 13, 2024 On May 8, 2024, the Madison Fire Department and Florham Park Fire Department attended the Community Salutes of North Jersey held at Fairleigh Dickinson University. This ceremony congratulates High School Graduates that are entering the United States Armed Services. The Career Division has recently completed coaching Emergency Vehicles Operator training which reinforces safe driving techniques while operating Emergency Vehicles. Mr. Range extended congratulations to Volunteer Firefighters Ryan Sickinger, Flor Maria De L Rosa, and Justin Hannah for completing and passing Firefighters One training. Finance and Borough Clerk Ms. Ehrlich, Chair of the Committee, made the following comments: The Finance Department reports that the annual Municipal Audit will be taking place in the coming weeks. The Audit Committee will meet to review the Auditors’ findings. As part of the Borough of Madison commitment to transparency and accountability the completed Annual Audit Report will be available on the Finance Department webpage. The Second Quarter Property Tax grace period has expired, please contact the Tax Department directly for payment information. Public Works and Engineering Mr. Landrigan, Chair of the Committee, absent Utilities Mr. Haralampoudis, Chair of the Committee, made the following comments: Mr. Haralampoudis expressed best wishes to Chief Lineman Joel Phillips for a happy and healthy retirement and to Johhny Rodriguez who has been appointed as his replacement. The Electric Department has been busy installing poles, meters and other electrical equipment throughout Madison. The Electric Utilities Leadership Team and the Electrical Engineering Consultant have been collaborating to find creative solutions to provide energy to both the Madison Mall and Weichert Development Projects. The Water Department continues routine operations of monitoring and testing Madisons’ Water System. Water Meters installation and Well B repairs continue. Mr. Haralampoudis expressed his regards to the Community Garden team for all the good work they do in the community. Community Affairs Ms. Honohan, Chair of the Committee, made the following comments: The Downtown Development Commission will hold their next public meeting on May 16, 2024 at 7:15 pm. The Madison Farmer’s Market will be held from May 25, 2024 through December 14, 2024 at the Prospect Street Parking Lot from 9:00 am until 2:00 pm. Planning is underway for Bottle Hill Day, which is scheduled for October 5, 2024. The Chambers of Commerce “Ladies Night’’ Event was rescheduled to May 16, 2024 and their Awards Dinner will be held on June 11, 2024 at the Madison Hotel. Fire Extinguishers inspection will be held June 4, 2024, from 11:30 am to 3:30 pm. The new updated Loyalty Rewards Cards are available at Madison Pharmacy and the Museum of Early Trades and Crafts. The Community Arts Center “Open Mic” is held every Wednesday. The Support Network of New Jersey will hold a “Sharing the Struggle” for adults and teens on May 19, 2024 at 3:00 pm and proceeds will benefit local Mental Health Programs. The Madison Public Library will hold a Craft Night for adults on May 20, 2024. The Flipside Comedy Group will hold a show on May 30, 2024, at 8:00 pm. On June 1, 2024 there will be a “National Trails Day” Event in celebration of the Memorial Park Phase One Trails. PAGE 3 OF 29 Regular Meeting Minutes – May 13, 2024 Health Mr. Forte, Chair of the Committee, made the following comments: The Department of Public Works has been working on filling potholes, planting trees, lining athletic fields, jet cleaning and assisted with the setup and cleanup of “Green and Clean Day.” The Engineering Department current projects are the “Well B Facility Improvements, Utility Building Roof, and Library Interior Renovations are progressing well. Upcoming projects include 2024 Mill and Overlay, Cook Avenue Parking Lot, MRC Solar Car Port. The Memorial Park Ribbon Cutting is scheduled on June 1, 2024, at 9:00 am and the Grant Application for “Phase Three” has been submitted and approved by Morris County scheduling will be coordinated with hazardous tree removals. The Borough has been awarded a grant through the Green Acres Program for $517,500.00 and was previously awarded a grant of $125,000.00 from Morris County combined the grants will cover $642,000.00 of the estimated total project cost for the new accessible playground at Dodge Field. Construction is scheduled to commence in early July 2024. The Health Department reminds residents that warm weather brings Mosquito Breeding Season residents are encouraged to rid their properties of standing water. May shines a spotlight on Mental Health Awareness Month, a time dedicated for fostering empathy, support and understanding on mental well-being. This time is an opportunity to break down barriers, challenge misconceptions and promote pathways to healing and resistance. Please check the Health Department website for resources for mental well-being. May also is Melanoma Awareness Month residents are reminded to wear sunscreen and visit a dermatologist for a screening. COMMUNICATIONS AND PETITIONS - None INVITATION FOR COMMENT (1 of 2) Mayor Conley opened the meeting to the public for their opportunity to ask questions and make comments on those items listed on the Agenda only. Mayor asked that, upon recognition by the Meeting Moderator, each person give his/her name and address in an audible tone of voice, for the record. He/she shall limit his/her statement to three (3) minutes or less. Since no member of the public wished to be heard, the invitation for discussion was closed. AGENDA DISCUSSIONS 05/13/2024-1 MORRIS COUNTY OPEN SPACE TRUST FUND GRANT APPLICATION HEARING Ms. Barbara Heskins Davis, Vice-President of Programs at the Land Conservancy of New Jersey, located in Boonton, New Jersey, spoke to lend her support for the Borough’s grant application submission to the Morris County Open Space Trust Fund in order to fund the land acquisition of Drew Forest. She stated that she has worked with the Borough of Madison since 2003 and in those years she has seen all initiatives implement by the Borough to conserve land including the Madison Recreation Center. She stated the Drew Forest plays a unique ecological significance in the region, as ten (10) towns receive water from the underground aquifers and the forest is instrumental in this system. Ms. Heskins noted that it is important to urgently secure funding to purchase this land and encouraged the Borough Council to authorize the submission of the grant application. Mayor Coney opened the hearing for comments from the public. PAGE 4 OF 29 Regular Meeting Minutes – May 13, 2024 Judy Kroll: Laurel Way, representing the Friends of the Drew Forest, offered full endorsement of the Borough of Madison’s application to the Morris County Open Space Trust Fund for additional funding to acquire approximately 50+ acres known as the Drew Forest. Since no other member of the public wished to be heard, Mayor Conley closed the public hearing. ADVERTISED HEARINGS Ordinances scheduled for hearing tonight were submitted in writing at a Regular meeting of the Mayor and Council held on May 13, 2024, 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 13-2024 ORDINANCE OF THE BOROUGH OF MADISON ESTABLISHING CHAPTER 28 OF THE BOROUGH CODE TO ESTABLISH THE ‘BOROUGH OF MADISON LANDSCAPE ORDINANCE PROMOTING THE USE OF APPROPRIATE NATIVE VEGETATION ON MUNICIPAL PROPERTY WHEREAS, the Madison Environmental Commission has recommended establishment of Chapter 28 of the Borough Code Entitled: “Borough of Madison Landscape Ordinance Promoting the Use of Appropriate Native Vegetation on Municipal Property”; and WHEREAS the Borough Council has determined to establish Chapter 28 of the Borough Code. NOW, THEREFORE, BE IT ORDAINED by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, as follows: SECTION 1: Chapter 28 of the Borough Code entitled “Borough of Madison Landscape Ordinance Promoting the Use of Appropriate Native Vegetation on Municipal Property” is hereby as follows: §28-1. Title. This chapter shall be known and may be cited as “Borough of Madison Landscape Ordinance Promoting the Use of Appropriate Native Vegetation on Municipal Property.” §28-2. Findings of fact. WHEREAS, native plants are localized, well adapted to the local soils and climate, tend to be more insect and disease resistant, and require less watering and fertilizing than non-native plants. WHEREAS, local governments use native plant ordinances to improve the landscape principles that guide landscaping of all new developments. Many communities find PAGE 5 OF 29 Regular Meeting Minutes – May 13, 2024 that the use of appropriate native vegetation in local landscaping helps achieve water conservation goals, preserves habitat, and reduces landscaping maintenance costs. WHEREAS, wildlife such as birds are more attracted to the native plants with which they co-evolved, and use such plants for food, cover, and rearing their young. WHEREAS, native plants, having evolved in the climate, are extremely hardy and therefore have lower maintenance and replacement costs. WHEREAS, native plant usage helps restore the ecological balance we have lost through development. §28-3. Purpose. The Governing Body desires to increase the amount of native, environmentally beneficial plant species on municipal property in the Borough by establishing standards for the purchase and installation of new and replacement plants. This will help extend the biodiverse habitat of the Drew Forest to our public spaces. The Borough recognizes the significant benefits of establishing and protecting native vegetation and, therefore, the necessity to require the use of native vegetation in all newly planted public landscaped areas within the Borough. The Borough strongly recommends that developers, private property owners, and landscapers of private property avoid species on the New Jersey Invasive Species Strike Team’s Do Not Plant List. Seeds from invasive plants on private property are spread by birds and damage the ecosystems of Borough woodlands and parks. §28-4. Definitions. As used in this chapter, the following terms shall have the meanings indicated: CULTIVAR — A cultivated variety of plant that has been produced by selective breeding to emphasize or minimize certain traits of the parent plant. Cultivars are usually propagated asexually by cloning. Changes to a plant’s natural color or bloom shape can reduce the plant’s value to native birds and insects. Double blooms make pollen and nectar inaccessible. Changes in foliage color changes the plant’s natural chemistry and may repel beneficial insects. Unnatural bloom color may make the plant less visible to pollinators. A cultivar is identified by the cultivar name being in single quotes following the Latin scientific name or before the common name: For example, Rudbeckia fulgida is the straight species of perennial Black-Eyed Susan. Rudbeckia fulgida ‘Goldsturm’ or ‘Goldsturm’ Black-Eyed Susan is a cultivar. Cultivated varieties of native plants are sometimes also referred to as “nativars.” HYBRID PLANT — The offspring of two different species or varieties. Plants created by crossing native species with non-native species may have reduced ecological benefits and are not considered true native plants. INVASIVE PLANT — A plant species that is non-native (or alien) to the ecosystem and whose introduction causes or is likely to cause economic or environmental harm, harm to human health, and/or disruption of naturally occurring native plant communities by altering structure, composition, natural processes, or habitat quality. Refer to the New Jersey PAGE 6 OF 29 Regular Meeting Minutes – May 13, 2024 Invasive Species Strike Team Do Not Plant List on the Madison Environmental Commission’s page at rosenet.org/1495/Native-Plants-Resources. KEYSTONE SPECIES — Native species such as oaks, birches, hickories, pines, willows, goldenrods, and asters that have exceptional benefits for an ecosystem. There are two types of keystone plants: host plants that feed the young caterpillars of approximately 90% of butterflies and moths and plants that feed both generalist bees and specialist bees who only eat pollen from specific plants. A list of Keystone Native Plants for Madison’s ecoregion (Ecoregion 8, Eastern Temperate Forests) can be found on the Madison Environmental Commission’s page at rosenet.org/1495/Native-Plants-Resources. LAWN — Continuous plant coverage by a grass species that is regularly mowed to maintain an established height. MADISON ENVIRONMENTAL COMMISSION — The commission, established by Chapter 16 of Borough of Madison Code, with a mandate to make recommendations to the Mayor and Council in areas of conservation and environmental protection. MADISON SHADE TREE MANAGEMENT BOARD — The advisory committee, established by Chapter 45 of Borough of Madison Code, empowered with full and exclusive control over the selection, planting, care and control of shade and ornamental trees and shrubbery on municipal property, including the planting, trimming, spraying, care and protection thereof. MUNICIPAL PROPERTY/ MUNICIPAL SITES — Land owned by the Borough of Madison. NATIVE PLANTS — Indigenous terrestrial or aquatic plant species that have grown naturally and evolved over thousands of years to be well-adapted to the climate, light, soil conditions, geology, and wildlife in a particular region. Such plants tend to be more drought- and disease-resistant than species introduced from other regions; and they help preserve the balance and beauty of natural ecosystems. For purposes of this Ordinance, the range of plants shall be those native to the mid-Atlantic region of the United States prior to European contact. Going Native: A Guide to Landscaping With Native Plants in Northern New Jersey can be found at on the Madison Environmental Commission’ page on rosenet.org/1495/Native-Plants-Resources. A list of Recommended Canopy Trees is available on the Shade Tree Management Board page, rosenet.org/489/Tree-Guidelines- Landmark-Trees. POLLINATORS — Animals (primarily insects, but sometimes birds or mammals) that fertilize plants through the movement of pollen, resulting in the formation of seeds and fruits that humans and other animals rely on for food. The majority of flowering plant species rely on native bees, butterflies, moths, and hummingbirds to make the next generation of plants. New Jersey is home to approximately 350 species of native bees. STRAIGHT SPECIES — A native plant that is not a cultivated variety (a.k.a. cultivar) or has not been bred to emphasize or minimize certain traits of the parent plant. §28-5. Applicability. After the effective date of this ordinance, these practices shall apply to all public town buildings and public land within the incorporated and unincorporated areas of the Municipality. This ordinance shall apply to new and replacement plantings. It does not require the removal and replacement of healthy existing plants. PAGE 7 OF 29  Regular Meeting Minutes – May 13, 2024 §28-6. Prioritizing straight species. The Municipality shall, to the extent possible and to the extent such plants are reasonably available, prioritize using and installing native plants that are straight species (not cultivars or hybrids) on any Municipal property. Cultivars may need to be chosen for disease resistance or size/height management; care should be taken to ensure that leaf and flower color as well as flower form is as close to the straight species as possible. Hybrid species should be avoided. §28-7. Invasive species prohibited. After the effective date of this ordinance, the Municipality shall not use or install any invasive plant in any Municipal property. Landowners and developers shall be encouraged to plant native plants and avoid planting invasive plants on their property. Plans to replace existing invasive species with ecologically beneficial native species are encouraged. §28-8. Prioritizing keystone species. The Borough strongly encourages prioritizing the selection and planting of keystone native plant species on Municipal property. §28-9. Prioritizing deer-resistant native plants. Deer-resistant native plants are encouraged. The Native Plant Society of New Jersey provides a list of deer-resistant plants; see link on the Madison Environmental Commission’s page at rosenet.org/1495/Native-Plants-Resources. It’s strongly recommended that newly planted trees be planted with deer rub protectors and maintained in place while the trees are young. §28-10. Enforcement. The Shade Tree Management Board is responsible for enforcement, as detailed in the Shade Tree Management Board Ordinance, Chapter 45-15 of the Borough Code, https://ecode360.com/6487606. §28-11. Exceptions. The use of non-native plant species (excluding invasives) shall be permitted in: 1. Vegetable gardens and areas where fruit and culinary herbs are grown, such as the Madison Community Garden; 2. Municipal lawn areas and athletic fields; 3. Seasonal planters, pots, and hanging baskets in all commercial business districts, including the traffic island plantings area on Lincoln Place; 4. Dedicated areas around memorial monuments within the Borough; 5. Existing rose garden planting areas; use of native rose species is encouraged but not required. PAGE 8 OF 29 Regular Meeting Minutes – May 13, 2024 §28-12. Repealer. All regulations pertaining to Municipal land that are in conflict with this chapter, in whole or in part, are hereby repealed to the extent that they are in conflict. § 28-13. Severability. If any portion of this chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate provision and shall not affect the validity of the remaining portions of the chapter. §28-14. Effective date. This article shall take effect 30 days after it is enacted by the Borough; provided, however, that this article shall not apply to any plantings carried out pursuant to existing contracts, invitations to bid, or designs completed prior to the effective date of this article. Mayor Conley opened up the public hearing on Ordinance 13-2024. Since no member of the public wished to be heard, the public hearing was closed. Mr. Forte moved that Ordinance 13-2024, 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: Ms. Ehrlich, Mr. Range, Mr. Haralampoudis, Ms. Honohan, Mr. Forte Nays: None Absent: Mr. Landrigan Mayor Conley declared Ordinance 13-2024 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 14-2024 ORDINANCE OF THE BOROUGH OF MADISON AMENDING CHAPTER 94 OF THE BOROUGH OF MADISON CODE ENTITLED “ELECTRIC UTILITY” TO UPDATE THE ELECTRIC CONNECTION FEE SCHEDULE WHEREAS, the Borough Administrator and Borough Auditor have recommended that the Borough amend Chapter 94 of the Madison Borough Code entitled “Electric” to include an updated electric connection fee schedule; and WHEREAS, Nisivoccia and Company, LLP, Certified Public Accountants and consultant to the Borough, has performed a study of the capital costs and interest on debt service together with the number of equivalent users, and based on such study has recommended an electric utility connection fee in the amount of $3,117.00 for new customers. NOW, THEREFORE, BE IT ORDAINED by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, as follows: PAGE 9 OF 29 Regular Meeting Minutes – May 13, 2024 SECTION 1: Chapter 94-8 of the Madison Borough Code, currently entitled “Connection fee” is hereby amended as follows: § Chapter 94-8 A. There shall be an electric utility connection fee established in accordance with Chapter 62 of Title 40 of the Revised Statutes of the State of New Jersey. This connection fee is in addition to the fees for department services set forth in Chapter 94 of the Borough Code. The electric connection fee is effective July 1, 2024 and shall be: (1) For single family dwelling units, $3,117, and for multiple dwelling units, $3,117 per unit. (2) In the case of any building or portion thereof to be used for industrial, commercial, educational or other than dwelling purposes, the Borough Consulting Electrical Engineer shall determine by accepted standards the number of units to be connected or added to an existing connection; where a unit equals an average annual consumption of 9,000 kWh. B. This fee shall, pursuant to statute, be recalculated at the end of each budget year and may be reset by ordinance of the Borough Council after public hearing, on a yearly basis. The electric utility connection fee shall be payable in full to the Borough of Madison at the time a building electric connection permit is issued for connection to the municipal electric distribution system by the Borough of Madison. SECTION 2: This Ordinance shall take effect on July 1, 2024. Mayor Conley opened up the public hearing on Ordinance 14-2024. Since no member of the public wished to be heard, the public hearing was closed. Mr. Haralampoudis moved that Ordinance 14-2024, 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: Ms. Ehrlich, Mr. Range, Mr. Haralampoudis, Ms. Honohan, Mr. Forte Nays: None Absent: Mr. Landrigan Mayor Conley declared Ordinance 14-2024 adopted and finally passed and ordered the Clerk to publish the notice thereof in the newspaper and to record the ordinance as required by law. PAGE 10 OF 29 Regular Meeting Minutes – May 13, 2024 ORDINANCE 15-2024 ORDINANCE OF THE BOROUGH OF MADISON AMENDING CHAPTER 190 OF THE BOROUGH OF MADISON CODE ENTITLED “WATER” TO UPDATE THE ELECTRIC CONNECTION FEE SCHEDULE WHEREAS, the Borough Administrator and Borough Auditor have recommended that the Borough amend Chapter 190 of the Madison Borough Code entitled “Water” to include an updated water connection fee schedule; and WHEREAS, Nisivoccia and Company, LLP, Certified Public Accountants and consultant to the Borough, has performed a study of the capital costs and interest on debt service together with the number of equivalent users at December 31, 2023, and based on such study has recommended a water connection fee in the amount of $4,430.00 for new customers; and WHEREAS, such water connection fee is authorized by N.J.S.A. 40A:31-11 entitled “County and Municipal Water Supply”. NOW, THEREFORE, BE IT ORDAINED by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, as follows: SECTION 1: Chapter 190-11.2 of the Madison Borough Code, currently entitled “Connection fee” is hereby amended as follows: §190-11.2 Connection fee There shall be a water connection fee established in accordance with N.J.S.A. 40A:31-11 in addition to the fees for department services set forth in Section 190-33. The water connection fee effective July 1, 2024 shall be: A. For single family dwelling units, $4,430.00, and for multiple dwelling units, $4,430.00 per unit. B. In the case of any building or portion thereof to be used for industrial, commercial, educational or other than dwelling purposes, the Borough Engineer or his/her designee shall determine by accepted standards the number of units to be connected or added to an existing connection; where a unit equals an annual average daily flow of 245 gallons or fraction thereof: $4,430.00 per unit. This fee shall, pursuant to statute, be recalculated at the end of each budget year and may be reset by ordinance of the Borough Council after public hearing, on a yearly basis. The PAGE 11 OF 29 Regular Meeting Minutes – May 13, 2024 water connection fee shall be payable in full to the Borough of Madison at the time a building water connection permit is issued for connection to the municipal water system by the Borough of Madison. SECTION 2: This Ordinance shall take effect on July 1, 2024. Mayor Conley opened up the public hearing on Ordinance 15-2024. Since no member of the public wished to be heard, the public hearing was closed. Mr. Haralampoudis moved that Ordinance 15-2024, 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: Ms. Ehrlich, Mr. Range, Mr. Haralampoudis, Ms. Honohan, Mr. Forte Nays: None Absent: Mr. Landrigan Mayor Conley declared Ordinance 15-2024 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 16-2024 ORDINANCE OF THE BOROUGH OF MADISON AMENDING CHAPTER 155 OF THE BOROUGH OF MADISON CODE ENTITLED “SEWER” TO UPDATE THE SEWER CONNECTION FEE SCHEDULE WHEREAS, the Borough Administrator and Borough Auditor have recommended that the Borough amend Chapter 155 of the Madison Borough Code entitled “Sewer” to include an updated sewer connection fee schedule; and WHEREAS, Nisivoccia and Company, LLP, Certified Public Accountants and consultant to the Borough, has performed a study of the capital costs and interest on debt service together with the number of equivalent users at December 31, 2023, and based on such study has recommended a sewer connection fee in the amount of $6,750.00 for new customers; and WHEREAS, such sewer connection fee is authorized by N.J.S.A. 40A:26A- 11 entitled “Municipal and County Sewerage Facilities”. NOW, THEREFORE, BE IT ORDAINED by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, as follows: SECTION 1: Chapter 155-4A of the Madison Borough Code, currently entitled “Connection expenses; responsibility for maintenance, repair and replacement of laterals” is hereby amended as follows: PAGE 12 OF 29 Regular Meeting Minutes – May 13, 2024 §155-4 Connection fees; connection expenses; responsibility for maintenance, repair and replacement of laterals. A. Sewer connection fees. There shall be a basic connection fee established in accordance with N.J.S.A. 40A:26A-11. The sewer connection fee effective July 1, 2024 shall be: 1. For single-family dwelling units, $6,750.00, and for multiple dwelling units, $6,750.00 per unit. 2. In the case of any building or portion thereof to be used for industrial, commercial, educational or other than dwelling purposes, the Borough Engineer or his/her designee shall determine by accepted standards the number of units to be connected or added to an existing connection; where a unit equals an annual average daily flow of 262 gallons or fraction thereof: $6,750.00 per unit. This fee shall, pursuant to statute, be recalculated at the end of each budget year and may be reset by ordinance of the Borough Council after public hearing, on a yearly basis. The sewer connection fee is based upon the usage of a single dwelling unit or equivalent discharge. The sewer connection fee shall be payable in full to the Borough of Madison at the time a building sewer permit is issued for connection to the public sanitary sewer by the Borough of Madison. SECTION 2: This Ordinance shall take effect on July 1, 2024. Mayor Conley opened up the public hearing on Ordinance 16-2024. Since no member of the public wished to be heard, the public hearing was closed. Mr. Haralampoudis moved that Ordinance 16-2024, 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: Ms. Ehrlich, Mr. Range, Mr. Haralampoudis, Ms. Honohan, Mr. Forte Nays: None Absent: Mr. Landrigan Mayor Conley declared Ordinance 16-2024 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 13 OF 29 Regular Meeting Minutes – May 13, 2024 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, voiced her support Ordinance 13-2024 that establishes a Borough Code promoting native vegetation on Borough property. She stated that Native Plants are growing in popularity. She thanked the Council and stated that this ordinance sets Madison as a leader and an example for other municipalities. Ms. Whitcomb also questioned if Resolution 142-2024 was related to climate. Jocelyn Colquhaun, Barnsdale Road, lent her support for Ordinance 13-2024. She suggested plants from warmer zones due to the warming of the area. She also had concerns about invasive species. Bridget Daley, Keep Street, clarified questions relating to Ordinance 13-2024 regarding planting Native Plants from warmer zones, invasive species and planting the right plant in the right place. Judy Kroll, Laurel Way, noted her support for Resolution 139-2024. She asked for residents to show their support of the Drew Forest at the Affordable Housing Settlement Hearing between the Borough of Madison and Drew University being held on May 20, 2024, and May 21, 2024, starting 9:00 am via Zoom. Details can be obtain on the Friends of Madison website. John Hoover, Overhill Drive, asked when and if Captain Ed Nunn would be replaced. Since no other member of the public wished to be heard, the invitation for discussion was closed. INTRODUCTION OF ORDINANCES The Clerk made the following statement: Ordinances scheduled for introduction and first reading tonight will have a hearing during the meeting of May 29, 2024, in the 2nd Floor Council Chamber of the Hartley Dodge Memorial Building, Kings Road, in the Borough of Madison at 8 p.m., or as soon thereafter as practical, for further consideration and final adoption. Said ordinances will be published in the Madison Eagle, be posted at the main entrance to the Borough offices and be made available to members of the public requesting same, as required by law. Mayor Conley called up Ordinances for first reading and asked the Clerk to read said ordinance by title: ORDINANCE 17-2024 ORDINANCE OF THE BOROUGH OF MADISON APPROPRIATING $55,000.00 FROM THE GENERAL CAPITAL IMPROVEMENT FUND FOR THE PURCHASE OF AUTOMATED LICENSE PLATE READERS (ALPR), SECURITY CAMERAS, WIRING AND OTHER RELATED SECURITY EQUIPMENT PAGE 14 OF 29 Regular Meeting Minutes – May 13, 2024 WHEREAS, the Police Chief has recommended that the Borough appropriate $55,000.00 from the General Capital Improvement Fund towards the purchase of Automated License Plate Readers (ALPR), security cameras, wiring and other related security equipment for the Police Department; and WHEREAS, funds are available in the General Capital Improvement Fund and the availability of funds has been certified by the Chief Financial Officer; and, WHEREAS, the Borough Council has determined that the Borough should appropriate $55,000.00 from the General Capital Improvement Fund towards the purchase of Automated License Plate Readers (ALPR), security cameras, wiring and other related security equipment for the Police Department. NOW, THEREFORE, BE IT RESOLVED, by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, as follows: SECTION 1: The amount of $55,000.00 is hereby appropriated from the General Capital Improvement Fund for the purchase of Automated License Plate Readers (ALPR), security cameras, wiring and other related security equipment for the Police Department. SECTION 2: The budget of the Borough is hereby amended to conform with the provisions of this Ordinance. SECTION 3: This Ordinance shall take effect as provided by law. Mr. Range moved that Ordinance 17-2024, 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: Ms. Ehrlich, Mr. Range, Mr. Haralampoudis, Ms. Honohan, Mr. Forte Nays: None Absent: Mr. Landrigan ORDINANCE 18-2024 ORDINANCE OF THE BOROUGH OF MADISON APPROPRIATING $25,000.00 FROM THE GENERAL CAPITAL IMPROVEMENT FUND FOR THE PURCHASE OF VIDEO AND RECORDING EQUIPMENT FOR POLICE HEADQUARTERS WHEREAS, the Police Chief has recommended that the Borough appropriate $25,000.00 from the General Capital Improvement Fund for video and recording equipment for Police Headquarters; 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 $25,000.00 for this purpose; and PAGE 15 OF 29 Regular Meeting Minutes – May 13, 2024 WHEREAS, the Borough Council has determined that the Borough should appropriate $25,000.00 from the General Capital Improvement Fund for video and recording equipment. NOW, THEREFORE, BE IT ORDAINED by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, as follows: SECTION 1: The amount of $25,000.00 is hereby appropriated from the General Capital Improvement Fund for video and recording equipment. SECTION 2: The budget of the Borough is hereby amended to conform with the provisions of this Ordinance. SECTION 3: This Ordinance shall take effect as provided by law. Mr. Range moved that Ordinance 18-2024, 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: Ms. Ehrlich, Mr. Range, Mr. Haralampoudis, Ms. Honohan, Mr. Forte Nays: None Absent: Mr. Landrigan Mayor Conley declared Ordinance 16-2024 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. 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. Range, Mr. Haralampoudis, Ms. Honohan, Mr. Forte Nays: None Absent: Mr. Landrigan R 138-2024 RESOLUTION OF THE BOROUGH OF MADISON CONVENING A PUBLIC HEARING ON THE SUBMISSION OF AN APPLICATION FOR FUNDING REGARDING AND AUTHORIZING THE 2024 SUBMISSION TO THE MORRIS COUNTY OPEN SPACE TRUST FUND FOR LAND ACQUISITION FUNDS TO PURCHASE A PORTION OF BLOCK 3001, LOT 1 CONSISTING OF PAGE 16 OF 29 Regular Meeting Minutes – May 13, 2024 APPROXIMATELY ±50 ACRES IN THE BOROUGH OF MADISON FROM ITS CURRENT OWNERS DREW UNIVERSITY WHEREAS, the Borough of Madison intends to submit a grant application to the Morris County Office of Planning and Preservation for funding assistance through the Morris County Open Space Trust Fund; and WHEREAS, the subject open space property is located on the campus of Drew University in the Borough of Madison; and WHEREAS, the property is approximately ±50 acres in size and known as the “Drew Forest”; and WHEREAS, the acquisition of the Drew Forest property for passive recreation and natural resource conservation will be a unique opportunity for the Borough to protect this regional environmental and public space; and WHEREAS, the application process requires that the governing body conduct a public hearing on the application to be submitted to the Morris County Office of Planning and Preservation; and WHEREAS, the Borough published a legal notice in the April 25, 2024 issue of the Madison Eagle advising the public that a hearing on the application would take place on the evening of May 13, 2024 and the hearing was held prior to the adoption of this resolution. 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 Administration is hereby authorized to submit an application on behalf of the Borough of Madison for grant funding to the Morris County Open Space Trust Fund for land acquisition of ±50 acres which is a portion of Block 3001, Lot 1 in the Borough of Madison, said property being currently owned by Drew University and known as the “Drew Forest”. R 139-2024 RESOLUTION OF THE BOROUGH OF MADISON SUBMITTING A COMMUNITY PROJECT REQUEST FORM TO CONGRESSWOMAN MIKIE SHERRILL FOR THE PRESERVATION OF THE DREW UNIVERSITY FOREST WHEREAS, the Borough of Madison intends to submit a Community Project Request form application to Congresswoman Mikie Sherrill for funding assistance for the preservation of the Drew Forest; and PAGE 17 OF 29 Regular Meeting Minutes – May 13, 2024 WHEREAS, the subject property is located on the campus of Drew University in the Borough of Madison; and WHEREAS, the property is approximately ±53 acres in size and known as the “Drew Forest”; and WHEREAS, the acquisition of the Drew Forest property for passive recreation and natural resource conservation will be a unique opportunity for the Borough to protect this regional environmental and public space; and WHEREAS, the Borough’s request falls under the Housing and Urban Development Economic Development Initiatives for the acquisition of real property that will be used for the environmental conservation of a forest, conservation of open space and natural resources, and used for other public purposes, as once preserved it will provide for 53± intact acres of open space trails for the public to enjoy while preserving the natural environmental resources that are essential to the health and well-being of the residents who rely on it to provide drinking water. 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 Administration is hereby authorized to submit a Community Project Request form for $5,000,000.00 on behalf of the Borough of Madison for land acquisition of ±53 acres which is a portion of Block 3001, Lot 1 in the Borough of Madison, said property being currently owned by Drew University and known as the “Drew Forest”. R 140-2024 RESOLUTION OF THE BOROUGH OF MADISON TO EXTEND PROFESSIONAL SERVICES CONTRACT TO EXTRA DUTY SOLUTIONS OF SHELTON, CT FOR POLICE OUTSIDE DUTY MANAGEMENT SERVICES THROUGH MAY 31, 2025 WHEREAS, a contract for Police Outside Duty Management Services was awarded by Resolution 165-2023 to Extra Duty Solutions of Shelton, C.T., as a result of public bidding, which contract expires on May 21, 2024; and WHEREAS, the bid specifications allowed for two one-year extensions of the contract at the request of the Borough; and WHEREAS, the Chief of Police has recommended that the Borough award an initial extension of the contract for Police Outside Duty Management Services for an additional one year period. 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-year contract PAGE 18 OF 29 Regular Meeting Minutes – May 13, 2024 extension is hereby authorized to be entered into with Extra Duty Solutions of Shelton, CT, commencing on June 1, 2024 through May 31, 2025, and the Mayor and Borough Clerk are authorized to sign such extension of contract, to be in a form approved by the Borough Attorney. R 141-2024 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING AN AMENDMENT TO THE CONTRACT WITH ROSENBAUER MINNESOTA, LLC TO REPAIR MADISON FIRE DEPARTMENT FIRE APPARATUS WHEREAS, the Madison Fire Chief has advised the Council that emergency repairs are needed to certain apparatus/vehicles to safeguard the health and welfare of the public; and WHEREAS, Resolution 231-2022 authorized $55,000.00 to repair and replace fire department apparatus, pursuant to N.J.S.A 40A:11-6(b), and WHEREAS, Resolution 205-2023 authorized an additional $20,000.00 to repair and replace fire department apparatus, pursuant to N.J.S.A 40A:11-6(b), and WHEREAS, the Fire Chief has requested that the Borough authorize an additional $4,200.00 for the contract to Rosenbauer Minnesota, LLC for additional necessary repairs discovered when at the repair facility and transportation; and WHEREAS, the Borough Council has determined to authorize an amendment to the contract in the total amount up to $79,200.00 for the emergency services required; and WHEREAS, the Chief Financial Officer has attested that funds are available in Ordinances 25-2022 and 42-2022 for this purpose. NOW, THEREFORE, BE IT RESOLVED by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, that an amendment in the amount of $4,200.00 to the contract with Rosenbauer Minnesota, LLC for the emergency services required is hereby approved. R 142-2024 RESOLUTION OF THE BOROUGH OF MADISON ADOPTING A RISK MANAGEMENT POLICY FOR WHOLESALE POWER SUPPLY PROCUREMENT WHEREAS, the CFO/Assistant Borough Administrator has recommended the Borough establish a Risk Management Policy for wholesale power supply procurement; and PAGE 19 OF 29 Regular Meeting Minutes – May 13, 2024 WHEREAS, the policy, recommended by PJM, addresses the management of material risks incurred by the Borough through wholesale power supply purchases; and WHEREAS, the Borough Council has reviewed the recommended policy and determined that it should be adopted. 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 of Madison Risk Management Policy Related to Wholesale Power Supply Procurement is hereby adopted as set forth above and attached. R 143-2024 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING THE AWARD OF CERTAIN NON-FAIR AND OPEN CONTRACTS OVER THE BID THRESHOLD WHEREAS, the Borough of Madison has a need to obtain the following contracts for support and maintenance of proprietary computer software as non-fair and open contracts pursuant to the provisions of N.J.S.A. 40A:11.5(1)(dd); and, WHEREAS, the Qualified Purchasing Agent of the Borough of Madison has determined that the value of certain contracts listed herein may exceed $17,500; and WHEREAS, each support and maintenance of proprietary computer software services provider has submitted a proposal indicating each will provide the services for the fee as described herein; and WHEREAS, each provider has completed and submitted a Business Entity Disclosure Certification where required by N.J.S.A. 19:44A-1, et seq., which certifies that said provider has not made any reportable contributions to a political or candidate committee in the Borough of Madison, County of Morris, State of New Jersey in the previous year, and that the contract will prohibit said provider from making any reportable contributions through the term of the contract, and WHEREAS, in accordance with N.J.A.C. 5:30-5.4, the Chief Financial Officer has certified as to the availability of funds to cover the maximum dollar value of each pending contract as set forth in this Resolution; and WHEREAS, this Resolution and Certification of funds does not obligate the Borough to spend the maximum for each contract. The 2024 Expenditure Schedule per vendor is attached hereto. NOW THEREFORE, BE IT RESOLVED by the Borough Council of the Borough of Madison in the County of Morris and State of New Jersey that the PAGE 20 OF 29 Regular Meeting Minutes – May 13, 2024 following support and maintenance of proprietary computer software contracts are approved: 1. Byram Laboratories of Branchburg, NJ Monthly AMI reading fees for electric ($0.60/meter) and water modules ($0.30/module), AMI monthly cellular cost ($35.00) (est. $55,000.00) 2. Invoice Cloud, Inc. of Braintree, MA Online utility payment processing (est. $60,000) 3. Spatial Data Logic of Somerset, NJ Building and Engineering Department (permits, licensing, iPad maintenance, etc.) (est. $90,000.00) BE IT FURTHER RESOLVED that Borough Clerk is hereby directed to publish notice of the adoption of this resolution in the official newspaper of the Borough within ten (10) days of its adoption pursuant to N.J.S.A. 40A:11-5. R 144-2024 RESOLUTION OF THE BOROUGH OF MADISON APPROVING RAFFLES LICENSE APPLICATIONS SUBMITTED BY BPOE #1465 MADISON LODGE BE IT RESOLVED by the Council of the Borough of Madison, County of Morris, State of New Jersey, that the following application for a Raffles License, to be held as listed below, be and the same are hereby approved: BPOE #1465 MADISON LODGE I.D. No. 274-6-34038 R.A. No. 1581 – On-Premise Merchandise Date of Raffle – June 1, 2024 R 145-2024 RESOLUTION OF THE BOROUGH OF MADISON APPROVING RAFFLES LICENSE APPLICATIONS SUBMITTED BY PEARLS OF WISDOM FOUNDATION INC BE IT RESOLVED by the Council of the Borough of Madison, County of Morris, State of New Jersey, that the following application for a Raffle License, to be held as listed below, be and the same are hereby approved: PEARLS OF WISDOM FOUNDATION INC I.D. No. 324-5-42214 R.A. No. 1580 – Off-Premise 50/50 Date of Raffle – June 2, 2024 PAGE 21 OF 29 Regular Meeting Minutes – May 13, 2024 R 146-2024 RESOLUTION OF THE BOROUGH OF MADISON APPOINTING ADRIAN MORALES-JIMENEZ TO THE POSITION OF PART-TIME VIOLATIONS CLERK WHEREAS, the Joint Municipal Court Administrator and the Borough Administrator have recommended that Adrian Morales-Jimenez be appointed to the position of Part-time Violations Clerk; 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 Adrian Morales-Jimenez is hereby appointed to the position of Part-time Violations Clerk of the Madison Joint Municipal Court, retroactive to May 9, 2024, to be compensated at an hourly rate of $25.00 per hour, up-to 29 hours per week, with no medical benefits, other than New Jersey Part-Time Sick Leave Act. R 147-2024 RESOLUTION OF THE BOROUGH OF MADISON APPOINTING INTERN VALENTINA PELUSO AS PART-TIME, PAID INTERN FOR THE FARMERS MARKET WHEREAS, the Director of Business Development and Personnel Director have recommended the appointment of Valentina Peluso as part-time paid Intern for the Farmer’s Market; 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 appointment of Valentina Peluso, as part-time paid Intern for the Farmer’s Market, at the hourly rate of $16.00 per hour, is hereby approved. R 148-2024 RESOLUTION OF THE BOROUGH OF MADISON APPROVING RAFFLES LICENSE APPLICATION SUBMITTED BY SAINT VINCENT MARTYR CHURCH BE IT RESOLVED by the Council of the Borough of Madison, County of Morris, State of New Jersey, that the following application for a Raffles License, to be held as listed below, be and the same are hereby approved: SAINT VINCENT MARTYR CHURCH I.D. No. 274-1-812 R.A. No. 1582 – Off-Premise 50/50 Date of Raffle – October 19, 2024 PAGE 22 OF 29 Regular Meeting Minutes – May 13, 2024 R 149-2024 RESOLUTION OF THE BOROUGH OF MADISON APPOINTING PART-TIME PER DIEM EMERGENCY MEDICAL TECHNICIANS (EMT’S) TO THE MADISON FIRE DEPARTMENT WHEREAS, the Chief of the Madison Fire Department recommends the appointment of Kiara Adorno, James Boles, Megan Collins, Ryan Masker, Fikret Darzanof, Javier Diaz, and Tyle Aitchison to the position of Part-Time Per Diem Emergency Medical Technicians (EMT’s); and WHEREAS, the 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 Kiara Adorno, James Boles, Megan Collins, Ryan Masker, Fikret Darzanof, Javier Diaz, and Tyle Aitchison are hereby appointed to the position of Part-Time Per Diem EMT’s effective immediately; and BE IT FURTHER RESOLVED, that the Part-Time per diem EMT’s will be compensated at the rate of $30.00 per hour without benefits. R 150-2024 RESOLUTION OF THE BOROUGH OF MADISON HIRING BOSWELL ENGINEERING, SOUTH HACKENSACK, NEW JERSEY, FOR ENGINEERING SERVICES WHEREAS, the Borough Administrator has recommended that a professional services contract be awarded to Boswell Engineering of Chester, N.J., for professional Engineering and Consulting services; and WHEREAS, said services would constitute professional services for which a contract may be awarded without the need of competitive bidding pursuant to N.J.S.A. 40A:11- 5; and WHEREAS, funds will be available in the General Operating Fund or any other budget or capital 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: 6. The Borough Administrator is hereby authorized to execute, on behalf of the Borough, a professional service contract with Boswell Engineering, for Engineering and Consulting services. 7. The Borough Clerk is hereby directed to publish notice of the adoption of this resolution in the official newspaper of the Borough of Madison PAGE 23 OF 29 Regular Meeting Minutes – May 13, 2024 within ten (10) days of its adoption pursuant to N.J.S.A. 40A:11-5. R 151-2024 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING SUBMISSION OF A MORRIS COUNTY SUPPLEMENTAL FUNDING APPLICATION REGARDING THE MADISON ALLIANCE AGAINST SUBSTANCE ABUSE WHEREAS, the governing body of the Borough of Madison desires to further health and wellness by applying for a grant from the Morris County Board of Commissioners Supplemental Funding Grant Program regarding educational materials and training regarding substance abuse and healthy living; and WHEREAS, the Borough Council authorizes the Mayor, CFO, and Health Department to submit an application to the Morris County Commissioners Supplemental Funding Grant Program regarding the Madison Alliance Against Substance Abuse, for $2,000.000 with a 50% match in the amount of $1,000.00. NOW THEREFORE BE IT RESOLVED, the governing body authorizes the Mayor, CFO, and Health Department to submit the grant application and execute the grant agreement and any other required documents to effectuate grant disbursement and to provide any required matching funds. R 152-2024 RESOLUTION OF THE BOROUGH OF MADISON ACCEPTING RESIGNATION OF FIRE CAPTAIN EDWARD NUNN, JR. EFFECTIVE IMMEDIATELY WHEREAS, Fire Captain Edward Nunn, Jr., has advised the Borough in writing of his irrevocable resignation effective immediately with terminal leave through October 31, 2024, pursuant to a Separation Agreement and Release between the parties. 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 irrevocable resignation of Fire Captain Edward Nunn, Jr., is hereby acknowledged and accepted and the Mayor is authorized to execute the attached Separation Agreement and Release. R 153-2024 RESOLUTION OF THE BOROUGH OF MADISON APPOINTING LIEUTENANT JAMES BLAIR TO THE POSITION OF FIRE OFFICIAL IN THE BOROUGH OF MADISON PAGE 24 OF 29 Regular Meeting Minutes – May 13, 2024 WHEREAS, the Madison Borough Fire Chief has recommended that Lt. James Blair be appointed to the position of Fire Official: and WHEREAS, the Borough Council, after due consideration, has determined to appoint Lt. James Blair to the position of Fire Official in the Borough of Madison. NOW, THEREFORE, BE IT RESOLVED by the Council of the Borough of Madison, in the County of Morris and State of New Jersey that Lt. James Blair is hereby appointed to the position of Fire Official, to be compensated in accordance with Borough Code and the FMBA Union Contract, effective immediately. R 154-2024 RESOLUTION OF THE BOROUGH OF MADISON APPOINTING BRADY MCDONALD AS PAID INTERN FOR THE ELECTRIC UTILITY WHEREAS, the Electric Utility Superintendent and Personnel Director have recommended the appointment of Brady McDonald as a seasonal paid Intern for the Electric Utility; 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 appointment of Brady McDonald, as a seasonal paid Intern for the Electric Utility, at the hourly rate of $16.00 per hour, is hereby approved. R 155-2024 RESOLUTION AUTHORIZING APPLICATION TO THE BPU COMMUNITY ENERGY PLAN IMPLEMENTATION GRANT PROGRAM WHEREAS, the Borough of Madison has implemented a Climate Action Plan to support New Jersey state goals to combat climate change and strengthen our community against the impacts of climate change; and WHEREAS, New Jersey’s 2019 Energy Master Plan: Pathway to 2050 (“EMP”) established that community-level action is necessary to achieve the state’s goal of 100% clean electricity by 2050;i and WHEREAS, the Borough adopted long-term climate goals through Resolution 63-2023, aligning Madison with New Jersey state goals for greenhouse gas reduction and resiliency through climate adaptation; and WHEREAS, the Borough adopted through Resolution 93-2024 a Community Energy Plan (“CEP”) identifying specific, local initiatives to increase clean energy production, reduce energy use, cut carbon pollution, strengthen the municipal electric grid, and enhance community resiliency for all residents; and WHEREAS, the New Jersey Board of Public Utilities has created a Community Energy Plan Implementation Grant Program for municipalities to implement initiatives identified in their CEP; and PAGE 25 OF 29 Regular Meeting Minutes – May 13, 2024 WHEREAS, a successful grant application to the Community Energy Plan Implementation (“CEPI”) Grant Program will help Madison to invest in one or more the following projects:  High-efficiency electric heating with air source heat pumps for a portion of the restoration of Hartley Dodge Memorial, Madison's Historic Borough Hall;  High-efficiency electric heating with air source heat pumps to retrofit the former Masonic Lodge, a 200-year-old historic church acquired by the Borough to be repurposed as a community facility;  Analysis of the municipal electric grid, including grid documentation and simulation to develop solar and EV accommodation map and plan proactively for infrastructure upgrades;  Solar carport canopy for Madison Police Dept. Parking area;  Rooftop Solar for 80-unit Rexford Tucker Affordable Senior Housing Facility owned by Madison Housing Authority;  Electrification incentive program via Madison Electric Utility to provide rebates for heat pumps for space and water heating;  Highly insulating windows for Dept. of Public Works garage to improve energy efficiency NOW THEREFORE, the Borough Council of Madison has determined that the Borough should apply for the CEPI Grant Program; and THEREFORE, Madison will commit to providing staff support for the duration of the Community Energy Plan implementation process, including seeking utility, state, or other available funding to combine with funding requested under the CEPI Grant Program. THEREFORE, BE IT RESOLVED, that the Borough Council of Madison, in the County of Morris and State of New Jersey, authorizes the submission of the aforementioned Application to the CEPI Grant Program. R 156-2024 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 2024 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 was awarded $184,640 in Morris County Historic Preservation Trust funds and wishes to amend its 2024 Budget to include this amount as revenue, which requires a local match of $46,160; and WHEREAS, the Hartley Dodge Foundation has committed to providing the funds for the local match portion. PAGE 26 OF 29 Regular Meeting Minutes – May 13, 2024 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 2024 as follows: Miscellaneous Revenues Special Items of General Revenue Anticipated with Prior Written Consent of the Director of Local Government Services: County Historic Preservation Trust Grant in the sum of $184,640; and BE IT FURTHER RESOLVED that the like sum is hereby appropriated under the caption of: General Appropriations, Operation Excluded from 3.5% Caps County Grant Off-set by Revenues: County Historic Preservation Trust Grant in the sum of $230,800; and BE IT FURTHER RESOLVED that the Borough Clerk forward two copies of this resolution to the Director of Local Government Services. R 157-2024 RESOLUTION OF THE BOROUGH OF MADISON DESIGNATING CERTAIN PROPERTY LOCATED AT BLOCK 3303, LOT 2, AS SHOWN ON THE OFFICIAL TAX MAP OF THE BOROUGH OF MADISON, AS A NON- CONDEMNATION AREA IN NEED OF REDEVELOPMENT, PURSUANT TO THE LOCAL REDEVELOPMENT AND HOUSING LAW, N.J.S.A. 40A:12A-1 TO -89, AND AUTHORIZING THE PLANNING BOARD TO PREPARE A REDEVELOPMENT PLAN WHEREAS, the Borough of Madison, in the County of Morris, State of New Jersey (the “Borough”), a public body corporate and politic of the State of New Jersey, is authorized pursuant to the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 to -89 (the “Redevelopment Law”), to determine whether certain parcels of land within the Borough constitute an area in need of rehabilitation and/or an area in need of redevelopment; and WHEREAS, N.J.S.A. 40A:12A-6 authorizes the governing body of any municipality, by resolution, to have its Planning Board conduct a preliminary investigation to determine whether an area of the municipality is a non- condemnation “area in need of redevelopment” pursuant to the criteria contained in N.J.S.A. 40A:12A-5; and WHEREAS, on February 12, 2024, the Mayor and Borough Council adopted Resolution No. 61-2024, authorizing and directing the Madison Planning Board (the “Planning Board”) to undertake a preliminary investigation hold a public hearing, and undertake any other necessary steps to determine if certain property identified as Block 3303, Lot 2, as shown on the official Tax Map of the Borough (the “Study Area”), constituted a non-condemnation “area in need of redevelopment” in accordance with the Redevelopment Law; and WHEREAS, on April 16, 2024, the Planning Board held a public hearing, duly noticed under the Redevelopment Law, and reviewed an investigation report PAGE 27 OF 29 Regular Meeting Minutes – May 13, 2024 titled “1 Giralda Farms (Block 3303, Lot 2) Non-Condemnation Area in Need of Redevelopment Investigation Report” prepared by Susan G. Blickstein, AICP/PP, PhD, dated March 28, 2024 (the “Study”); and WHEREAS, any persons interested in or affected by a determination that the Study Area is a non-condemnation redevelopment area were given an opportunity to be heard, and any objections to such a determination and evidence in support of those objections, were received and considered and made part of the public record; and WHEREAS, on April 16, 2024, the Planning Board adopted a Resolution recommending that the Study Area be determined by the Borough Council to be a non-condemnation “area in need of redevelopment” under the Redevelopment Law as it relates to Block 3303, Lot 2; and WHEREAS, Council concurs and agrees with the Planning Board’s recommendation as supported by the reasons stated in the Study, that the Study Area constitutes and meets the criteria under the Redevelopment Law and that the Study Area should be determined and declared a non-condemnation “area in need of redevelopment”, which determination shall, among other things, authorize the Borough to use all of the powers provided by the Legislature for use in a redevelopment area, however, it shall not authorize the Borough to exercise the power of eminent domain to acquire all or any portion of such Study Area; and WHEREAS, the Borough is desirous of continuing revitalization and redevelopment efforts in the Borough; and WHEREAS, the Borough desires to direct the Planning Board to prepare a redevelopment plan for Block 3303, Lot 2 (the “Redevelopment Plan”); and WHEREAS, the Borough believes that the properties are potentially valuable for contributing to, serving and protecting the public health, safety and welfare and will promote smart growth within the Borough; and WHEREAS, the Borough Council believes that the preparation of the Redevelopment Plan is in the best interests of the Borough for the redevelopment of Block 3303, Lot 2. NOW THEREFORE BE IT RESOLVED, by the Borough Council of the Borough of Madison, as follows: Section 1. The aforementioned recitals are incorporated herein as though fully set forth at length. Section 2. The property located at Block 3303, Lot 2, as shown on the official Tax Map of the Borough is hereby designated a non-condemnation “area in need of redevelopment” under the Redevelopment Law. Section 3. The Borough Council hereby directs the Borough Clerk to transmit a copy of the within Resolution to the Commissioner of the Department of Community Affairs and to serve notice on the owners of such Study Area and other parties within ten (10) days of the date hereof, in accordance with N.J.S.A. 40A:12A-6(b)(5), that Block 3303, Lot 2 is designated a non-condemnation “area in need of redevelopment”. PAGE 28 OF 29 Regular Meeting Minutes – May 13, 2024 Section 4. The Planning Board is hereby authorized and directed to prepare a Redevelopment Plan for the property located at Block 3303, Lot 2, as shown on the official Tax Map of the Borough, in accordance with the Redevelopment Law. Section 5. The Planning Board shall transmit the Redevelopment Plan to the Borough Council for further consideration and action upon completion of same. Section 6. This Resolution shall take effect immediately. 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 $771,494.75 General Capital Fund 81,121.33 Electric Operating Fund 595,895.35 Electric Capital Fund 102,650.74 Water Operating Fund 40,765.17 Water Capital Fund 317,319.20 Trusts 33,857.13 Total $1,998,103.67 The following roll call vote was recorded approving the aforementioned vouchers: Yeas: Ms. Ehrlich, Mr. Range, Mr. Haralampoudis, Ms. Honohan, Mr. Forte Nays: None Absent: Mr. Landrigan NEW BUSINESS - None ADJOURN There being no further business to come before the Council, the meeting was adjourned at 9:31 p.m. Respectfully submitted, Caridad Reyes Deputy Borough Clerk Approved June 10, 2024 (EO) PAGE 29 OF 29