Mayor & Council

MINUTES OF A REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF MADISON July 22, 2024 - 7 p.m. CALL TO ORDER The Regular Meeting of the Mayor and Council of the Borough of Madison was held on the 22nd day of July, 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 John J. Forte Absent: Melissa Honohan, excused Also Present: Raymond M. Codey, Borough Administrator James E. Burnet, Assistant Borough Administrator Elizabeth Osborne, Borough Clerk Marina Stinely, Esq. for Matthew J. Giacobbe, Esq. Borough Attorney AGENDA REVIEW There was approval of the Regular and Executive Agenda. READING OF CLOSED SESSION RESOLUTION Mr. Range moved: RESOLVED, that the meeting be adjourned to an Executive Session to consider the following matters: MINUTES FOR APPROVAL (1) May 29, 2024 July 8, 2024 Date of public disclosure 60 days after conclusion, if disclosure required. CONTRACT MATTERS (1) GIRALDA 1 Date of public disclosure 60 days after conclusion, if disclosure required. Regular Meeting Minutes – July 22, 2024 LITIGATION MATTERS (2) MIDWEST CONSTRUCTION DREW UNIVERSITY Date of public disclosure 60 days after conclusion, if disclosure required. PERSONNEL MATTERS (2) IT DIRECTOR CONFIDENTIAL SECRETARY Date of public disclosure 90 days after conclusion, if disclosure required. Seconded: Ms. Ehrlich Vote: Approved by voice vote RECONVENE IN COUNCIL CHAMBER Mayor Conley reconvened the Regular Meeting at 8 p.m. in the Council Chamber with all members present. The Pledge of Allegiance was recited by all. Mayor Conley asked for a moment of silence for the passing of the following Madison residents: Former Council member Francis Benedict Recreation Advisory Committee Chairman Dave Carver William Pugh, father in-law of CFO Jim Burnet APPROVAL OF MINUTES Mr. Range moved approval of the Executive Minutes of May 29, 2024. Mr. Haralampoudis seconded the motion, which passed with a unanimous voice call vote recorded. Mr. Range moved approval of the Regular Meeting Minutes of May 29, 2024. Mr. Haralampoudis seconded the motion, which passed with a unanimous voice call vote recorded. Mr. Range moved approval of the Executive Minutes of July 8, 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 July 8, 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 thanked Council President Range for presiding at the last meeting of the Council and reminded resident that there is one Council meeting in August, to be held August 12, 2024 at 8:00 p.m. REPORTS OF COMMITTEES Public Safety Mr. Range, Chair of the Committee, made the following comments: Mr. Range reminded residents that on August 6th, the Madison Police Department will be hosting National Night Out on Waverly Place. There is a great night planned for residents and visitors, which will encompass lots of activities for kids. There will be many law enforcement and public safety partners that will be set up and ready for demonstrations. There are also community partners that will have presentations. There will be food, ice cream, and refreshments available. Residents will have an PAGE 2 OF 32 Regular Meeting Minutes – July 22, 2024 opportunity to speak to officers, and hear what services the Department can provide to the community. During the month of July, the Police Department will be hosting two training days where the full Department will receive a refresher on Criminal Justice Reform and its processing and procedures. Several assistant prosecutors from the Morris County Prosecutor’s Office will conduct the presentation. Madison Police Department is one of the few Departments that will be voluntarily refreshing the entire Department on these directives that became effective Jan. 1, 2017. Criminal Justice reform shifted from a system that relies principally on setting monetary bail as a condition of release to a risk-based system that is more objective, and thus fairer to defendants because it is unrelated to their ability to pay monetary bail. So far for the month of July the Fire Department responded to 153 calls. This included 52 Fire calls and 72 EMS calls. 76 people have been transported to the hospital. The Fire Department has responded to 1217 incidents this year. The Fire Department will be partnering with the police Department on National Night out on August 6th on Waverly Place. The Fire Department is working closely with the board of education to help the ongoing construction projects at the schools. We have been assured that the Fire alarm systems are functioning and maintained without any interruption. The Fire Department is finalizing its switch over to the new incident reporting system which will be federally mandated at the end of this year. Three new volunteer Firefighters will begin their training at the Morris County Public Safety Training Academy next month. Finance and Borough Clerk Ms. Ehrlich, Chair of the Committee, made the following comments: The Tax Collector reports that tax bills were mailed out to property owners on July 17th. If you have not received your tax bill, you can call the Tax Collector’s office to request a copy. The 3rd quarter grace period is through the end of business on Monday, August 12, 2024. Payments received after this will be charged interest back to the due date of August 1st. As a reminder, we cannot accept postmark, or post-dated checks. The Borough’s one page budget summary was included in that mailing. This document can also be found on Rosenet. A “Your Tax Dollars At Work” report from the Board of Education was also included with the tax bills. The Tax Collector also reports that that the annual tax sale will be held October 3rd. On that day, any property owners with unpaid 2023 balances on their taxes or utilities will have a lien placed on their property. Warning letters were sent out last week to properties in danger of going to sale. Official Tax Sale Notices will be mailed to the remaining owners in two weeks. The tax sale process is a way for municipalities in New Jersey to obtain the full amount of property taxes and other charges needed to support the annual budget, while providing the property owner with additional time to pay off what they owe. Public Works and Engineering Mr. Landrigan, Chair of the Committee, made the following comments: Mr. Landrigan reported that Road Department assisted the Electric Utility with installing conduit on Cook Ave, part of Parking Lot project. The Road Department assisted Water Utility with installing a new Fire hydrant in Cook Ave parking lot. The Parks Department continues working on recreations fields, so that they are playable for all the sports teams, and is working with the Environmental Committee to remove invasive plants at Gibbons Pine Park. Utilities Mr. Haralampoudis, Chair of the Committee, made the following comments: Mr. Haralampoudis noted that Electric crews are working on upgrades to the electric system at Cook Avenue as part of the Cook Avenue Parking Lot Reconstruction PAGE 3 OF 32 Regular Meeting Minutes – July 22, 2024 project, and continue to assist with line clearance in the north section of town. The Water Department reports that five wells are supplying 3 million gallons of water to Madison residents daily. Well B has been scrubbed and final repairs will be completed soon. Mr. Haralampoudis noted that during the summer months, residents are encouraged to voluntarily conserve water, including less watering of lawns, and using appliances at night. Water Tech continues to install new water meters throughout the Borough. Community Affairs Ms. Honohan, Chair of the Committee, absent. Health Mr. Forte, Chair of the Committee, made the following comments: Mr. Forte noted that local mosquitoes are testing positive for West Nile Virus and reminded residents to use insect repellant. The CDC has noted that there is an 11% increase in COVID19 positivity and encouraged residents to take steps to protect themselves. COMMUNICATIONS AND PETITIONS - None INVITATION FOR COMMENT (1 of 2) Mayor Conley opened the meeting to the public for their opportunity to ask questions and make comments on those items listed on the Agenda only. Mayor asked that, upon recognition by the Meeting Moderator, each person give his/her name and address in an audible tone of voice, for the record. He/she shall limit his/her statement to three (3) minutes or less. Since no member of the public wished to be heard, the invitation for discussion was closed. AGENDA DISCUSSIONS - None ADVERTISED HEARINGS Ordinances scheduled for hearing tonight were submitted in writing at a Regular meeting of the Mayor and Council held on July 8, 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 21-2024 ORDINANCE OF THE BOROUGH OF MADISON APPROPRIATING $900,000.00 FROM THE ELECTRIC UTILITY CAPITAL FUND RESERVE FOR SUSTAINABILITY PROJECTS TO PARTIALLY FUND THE MRC SOLAR CARPORT PROJECT WHEREAS, the Chief Financial Officer has recommended that the Borough appropriate $900,000.00 from the Electric Utility Capital Fund Reserve for Sustainability Projects to partially fund the MRC solar carport project; and PAGE 4 OF 32 Regular Meeting Minutes – July 22, 2024 WHEREAS, the Chief Financial Officer has attested to the availability of the funds in the Electric Utility Capital Fund Reserve for Sustainability Projects in an amount not to exceed $900,000.00 for this purpose; and WHEREAS, the Borough Council has determined that the Borough should appropriate $900,000.00 from the Electric Utility Capital Fund Reserve for Sustainability Projects to partially fund the MRC solar carport project. 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 $900,000.00 is hereby appropriated from the Electric Utility Capital Fund Reserve for Sustainability Projects to partially fund the MRC solar carport project. SECTION 2: The budget of the Borough is hereby amended to conform with the provisions of this Ordinance. SECTION 3: This Ordinance shall take effect as provided by law. Mayor Conley opened up the public hearing on Ordinance 21-2024. Since no member of the public wished to be heard, the public hearing was closed. Ms. Ehrlich moved that Ordinance 21-2024, 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. Landrigan, Mr. Range, Mr. Haralampoudis, Ms. Honohan, Mr. Forte Nays: None Mayor Conley declared Ordinance 21-2024 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 22-2024 ORDINANCE OF THE BOROUGH OF MADISON AMENDING AND SUPPLEMENTING CHAPTER 176 OF THE BOROUGH CODE ENTITLED “TOWING AND STORAGE” AND REPEALING AND REPLACING TOWING OPERATOR APPLICATION FORM WHEREAS, the Borough Administrator, Borough Police Chief and Borough Attorney have recommended that Chapter 176 of the Borough Code entitled “Towing and Storage” be amended to reflect current State guidance and update Borough requirements for towing operator applicants; and WHEREAS, the Borough Administrator, Borough Police Chief and Borough Attorney have further recommended that the Towing Operator Application form be updated to reflect the changes to the Borough Code; and WHEREAS, the Borough Council agrees with the recommendations as same are in the best interest of the Borough. PAGE 5 OF 32 Regular Meeting Minutes – July 22, 2024 NOW, THEREFORE, BE IT ORDAINED by the Borough Council of the Borough of Madison, in the County of Morris, State of New Jersey, as follows: Section 1. The aforementioned recitals are incorporated herein as though fully set forth at length. Section 2. The Borough Code of the Borough of Madison, Chapter 176, Towing and Storage, “Application to Be Listed as Towing Operator (3-Year Period)”, is hereby repealed and replaced, in its entirety, by Exhibit A to this Ordinance, which is incorporated herein. Section 3. Chapter 176 of the Borough Code entitled “Towing and Storage”, Section 1, entitled “Purpose” is hereby amended and supplemented as follows (additions **between asterisks and in bold**, deletions {within brackets and struck through}; text in italics is meant to guide the reader and is not intended to be adopted as part of this ordinance): § 176-1 Purpose. The purpose of this chapter is to provide for the nondiscriminatory and nonexclusionary regulation of local towing and storage operators engaged in the business of removing and storing motor vehicles **for police-requested nonpreference towing and storage services without competitive bidding**, pursuant to N.J.S.A. 40:48-2.49 **et seq. and N.J.S.A. 40A:11- 5(u), under the supervision of the Madison Police Department**. Section 4. Chapter 176 of the Borough Code entitled “Towing and Storage”, Section 3, entitled “Towing Regulations” is hereby amended and supplemented as follows (additions **between asterisks and in bold**, deletions {within brackets and struck through}; text in italics is meant to guide the reader and is not intended to be adopted as part of this ordinance): § 176-3 Towing regulations. A. No change. B. No change. C. Towing operators. (1) Every three ** (3) ** years the Borough Council shall establish by resolution a list of licensed towing operators pursuant to § 176-7 to be utilized by the Police Department on a rotating basis. Such list shall be utilized by members of the Police Department on a nondiscriminatory basis. Only those towing operators who meet the minimum standards of operator performance set forth in this chapter shall be included on such list. The list may be modified by Council at any time. (2) No change. (3) Application. (a) No change. (b) Additionally, any and all employees of a towing service applying for police towing who will be operating towing equipment involved in police towing shall be required to PAGE 6 OF 32 Regular Meeting Minutes – July 22, 2024 submit for a criminal background check. Employees of said towing companies shall be required to complete and submit a Request for Criminal History Record Information form for this purpose **with the New Jersey State Police**{, at a cost of $18. The form for tow company employees requires a cashier’s check, certified check or money order payable to the Division of State Police-SBI}. (c) No change. **(d) Towing service owners applying to be included in the list of licensed towing operators must complete and submit an application form and accompanying documentation to the Borough Clerk.** (4) No change. (5) Facilities. Each operator must have a storage lot and place of business within Madison Borough, or within a two-mile radius of the Madison Borough corporate limits. **The office must be staffed and used for pickup by vehicle owners whose vehicles were impounded within Madison Borough.** The towing business and storage lot must comply with all zoning ordinances and regulations. (6) Availability and response time. Each operator must be available 24 hours a day, seven days a week, and must respond within 20 minutes during daytime hours and 30 minutes during nighttime hours of the original telephone call request by the Police Department. **(7) Towing operators may not have been barred from inclusion on any municipal, county or State towing operator rotation list in the State of New Jersey.** Section 5. Chapter 176 of the Borough Code entitled “Towing and Storage”, Section 4, entitled “License Fees, Terms” is hereby amended and supplemented as follows (additions **between asterisks and in bold**, deletions {within brackets and struck through}; text in italics is meant to guide the reader and is not intended to be adopted as part of this ordinance): § 176-4 License fees, terms. A. No change. B. No change. C. The Borough Council shall set the fees for the three-year period for towing and storage. {This license will take effect January 1, 2003.} D. The application fee will be $500 for the three-year term of the license. E. No change. PAGE 7 OF 32 Regular Meeting Minutes – July 22, 2024 F. It is the responsibility of the applicant to notify the Borough of Madison at once upon cancellation of business insurance. **Required insurance policies shall not be cancelled or substantially changed without 30 days written notice to the Borough, except 10 days written notice is permitted solely with respect to non-payment of premium.** G. No change. Section 6. Chapter 176 of the Borough Code entitled “Towing and Storage”, Section 5, entitled “Insurance” is hereby amended and supplemented as follows (additions **between asterisks and in bold**, deletions {within brackets and struck through}; text in italics is meant to guide the reader and is not intended to be adopted as part of this ordinance): § 176-5 Insurance. A. No change. B. The applicant shall maintain insurance coverage as set forth herein during the entire length of the towing contract **and/or license**. C. The applicant shall provide a certificate of insurance indicating the applicant has the minimum coverage of insurance as follows: (1) **Commercial** Automobile liability **for the death of or injury to persons and damage to property for each accident or occurrence** in an amount not less than $1,000,000 combined single limit**, which must include coverage for towing operations**. (2) Workers' compensation for all employees**, providing statutory coverage, with Employer’s Liability of not less than $1,000,000 in Limits**. (3) Garage keepers' liability in an amount not less than {$60,000 per location} **$100,000, to include on-hook coverage for each vehicle damaged while in the course of towing**. (4) Garage liability **covering the applicant's business, equipment and vehicles** in an amount not less than $1,000,000 {combined single limit}**per occurrence**. (5) {Comprehensive} **Commercial** general liability **in the amount of $1,000,000 per occurrence** {to provide complete protection to the borough against any and all risks of loss or liability}. (6) Policies endorsed to provide collision coverage for vehicles in tow. (7) The Borough shall be named as an additional insured **for all applicable Liability insurance policies, on a Primary & Non- PAGE 8 OF 32 Regular Meeting Minutes – July 22, 2024 Contributory basis and a Waiver of Subrogation shall apply in favor of the Borough**. (8) Theft insurance on stored vehicles**, including items therein**. **(9) Excess/Umbrella liability insurance policy in the amount of $2,000,000 to include all Liability coverages outlined above as underlying.** D. No change. Section 7. Chapter 176 of the Borough Code entitled “Towing and Storage”, Section 6, entitled “Fees Established” is hereby repealed in its entirety. § 176-6 {Fees established.}**Reserved.** A. {Automobiles and motorcycles. The fee schedule for towing services, storage and administrative services shall be established by the Borough Council by resolution. B. Trucks. The fee schedule for towing services and storage shall be established by the Borough Council by resolution. C. Inclement weather conditions. The towing operator may, during inclement weather conditions, such as but not limited to snow storm, ice storm, black ice conditions, flooding, or during a state of emergency, charge an extra 20% of the final invoice (if towed under normal conditions) for towing services provided (See Fee Schedule). D. Use of a Hazmat kit by licensed tower associated with the cleanup of fluid spills is $75 per kit.} Section 8. Chapter 176 of the Borough Code entitled “Towing and Storage”, Section 8, entitled “Regulations for Towing Service Operators” is hereby amended and supplemented as follows (additions **between asterisks and in bold**, deletions {within brackets and struck through}; text in italics is meant to guide the reader and is not intended to be adopted as part of this ordinance): § 176-8 Regulations for towing service operators. A. Release of impounded vehicles. **Vehicles impounded within Madison Borough must be stored and available for release and pickup at the towing operator’s facility located within Madison Borough or within a two-mile radius of Madison Borough corporate limits. Towing operator shall accept cash, check and credit cards for payments.** No impounded vehicle is to be released without proper authorization from the Police Department. Vehicle release arrangements must be available from the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday, **and from the hours of** 8:00 a.m. to 12:00 noon**,** Saturday (excluding New Jersey state holidays). The owner of the vehicle (or his designee) shall provide a paid receipt from the towing operator, and then respond to the Madison Borough Police Department to arrange for the release of his/her vehicle from the police impound yard, or towing operator's facility, as may be the case. An invoice for the towing service provided, (when a vehicle is towed to the police impound yard) will be left with the PAGE 9 OF 32 Regular Meeting Minutes – July 22, 2024 vehicle, as well as the keys for said vehicle. The Police Department will retain custody of both the invoice and keys for all vehicles towed to the police impound yard. All transactions of this type will be recorded in a log book, and the principal of the towing establishment will be required to sign the log book to acknowledge receipt of said payment. The hours for release of the impounded vehicle shall be Monday through Friday 8:00 a.m. through 5:00 p.m. and 8:00 a.m. through 1:00 p.m. on Saturday. Appointment for release of the vehicle shall be made through the Shift Supervisor, who shall be responsible to ensure that all laws and procedures concerning the release of vehicles are followed. The Borough shall supply junk titles or good titles for abandoned vehicles in accordance with the provisions of N.J.S.A. 39:10.1 et seq., for vehicles unclaimed over 30 days. The Borough shall compensate the towing service for the towing bill for such vehicles unclaimed for over 30 days, for vehicles stored in the police impound yard. A junk title shall be applied for, and the towing invoice paid after the Borough recovers the value of the vehicle. For any vehicles that are towed and stored by the towing operator, the Borough shall apply for a junk title, and compensate the towing operator for towing fees and storage, up to the limit of the value of said vehicle. B. No change. C. No change. D. No change. E. No change. F. No change. G. No change. H. Removal of towed vehicles; location for storage. (1) No change. (2) A vehicle that is removed by a towing company **within Madison Borough** that the Police Department has no interest in (i.e. disabled motor vehicle or one that is involved in a crash without further Police Department investigation required) {may}**shall** be towed back to the towing operator's facility **located within Madison Borough or within a two-mile radius of Madison Borough corporate limits**, or to a location of the vehicle owner's choice, provided the towing operator is in a position to comply with such a request. **(3) All towing operators must have safe and sufficient storage areas on their premises to store not fewer than 15 vehicles. Outside secure storage facilities shall be fenced-in and secured with a passive alarm system or a similar on-site security measure. The storage facility must be located within Madison Borough or within a two-mile radius PAGE 10 OF 32 Regular Meeting Minutes – July 22, 2024 of Madison Borough corporate limits, in an area that permits the towing and storage of vehicles. All land proposed to be used as a storage facility must be level and clear of debris. Towing operators will provide and have available a protected area for the storage of vehicles involved in criminal cases, if the Madison Borough Garage does not have the facilities. "Protected area" shall include inside storage or fenced-in storage of said vehicle to deny access to such vehicle by unauthorized persons. The vehicle must be covered if the same is stored outside.** Section 9. Chapter 176 of the Borough Code entitled “Towing and Storage”, Section 10, entitled “Towing and Storage Fees” is hereby amended and supplemented as follows (additions **between asterisks and in bold**, deletions {within brackets and struck through}; text in italics is meant to guide the reader and is not intended to be adopted as part of this ordinance): § 176-10 Towing and storage fees. **Towing, winching and storage fees shall be the current maximum rates established by the New Jersey State Police. Such rates shall be deemed to be renewed on a yearly basis to the rates established by the New Jersey State Police. A. {Fee schedule.}**The current rates are those in effect for the calendar year 2024 and are as follows: {Service Fee Service call $65, cars; $95, trucks Light-duty calls $125 Heavy-duty $350 per hour Recovery calls $150, cars; $350, trucks Storage rate (daily) $35, cars; $85, trucks; $175, tractor-trailer Inside storage rate (daily) $45 Mileage rate $4.50, cars Hourly rate (heavy and recovery) $350 Recovery rates $150, cars; $350, trucks Sliding crane service $450 per hour Cleanup $25 minimum Yard/administration fee $40 Waiting time $85 per hour Additional man/labor $85 per hour Fuel surcharge (when applicable) 20% of service/tow rate} **Road service Cars (light) $150.00 per hour plus parts Trucks (medium/ heavy) $200.00 per hour plus parts Towing – basic Light duty- up to 10,000 lbs. Hook-up $155 Medium duty- 10,001-16,000 lbs. $300.00 per hour Heavy duty- 16,001 and above $500.00 per hour Decoupling fee (if tow is not ½ of basic rate performed) PAGE 11 OF 32 Regular Meeting Minutes – July 22, 2024 On-hook mileage Light duty $7.00/ per loaded miles Medium duty N/a Heavy duty N/a Recovery/ winching (in addition to towing – per truck including driver) Light/ medium duty 10,001-16,000 $350.00 per hour charged in ½ hour lbs. increments of $175. Per ½ hour Heavy duty 16,001 and above $650.00 per hour Specialized recovery equipment Rotator/ crane recovery unit $1200.00 per hour Tractor with landoll trailer or detach $500.00 per hour trailer Tractor/ transport hauler only $350.00 per hour Refrigerated trailer w/ tractor $550.00 per hour Box trailer w/ tractor $500.00 per hour Air cushion unit $1000.00 per hour Light tower $250.00 per hour Pallet jack $200.00 flat rate Rollers $200.00 flat rate Any other specialized equipment $300.00 per hour Loader/ backhoe/ telescopic handler/ $400.00 per hour each bulldozer/ bobcat Forklift $400.00 per hour Dump truck/ dump trailer w/ tractor $400.00 per hour $400.00 per hour Roll-off with container plus disposal Recovery supervisor vehicle $150.00 per hour Scene safety equipment, communication equipment, traffic $250.00 per hour each type used management equipment, etc. Recovery support vehicle/ trailer $350.00 per hour additional recovery equipment Labor- all labor min of 1 hour Accident minor clean-up and $75.00 per hour one hour minimum plus disposal of debris absorbent materials used Recovery supervisor and/ or level iii $250.00 per hour recovery specialist *charges limited to one per incident Certified towing operator $150.00 hour per man Manual laborers $125.00 per hour per man Storage – per calendar day (inside rates two times outside rate) ** storage billed per calendar day** Cars/ light trucks -10’ x 20’ space $50.00 per day Trucks (dual wheels)/ single axle $125.00 per day Tractor/ dump truck/ tractor and trailer $125.00 per unit per day combo/ trailers Buses $150.00 per day PAGE 12 OF 32 Regular Meeting Minutes – July 22, 2024 Roll-off $125.00 per day for each Cargo/accident debris/ load storage/ vehicle components $50.00 per space used per day 10’ x 20’ space Rental of any tow company supplied $500.00 per day trailer post incident Additional services/ notes Fuel/ haz-mat/ cargo spills Time and material clean-up and disposal Hazmat and trash recovery Surcharged 10% Subcontractor mark-up 20% Administrative charge Cars only - $50.00 only after 3rd visit to vehicle Administration charge Medium/ heavy truck - $200.00 After hours release $85.00 Notification documentation fee $75.00 Tarping/ wrapping vehicle $90.00 per car $250.00 per truck Fuel surcharge chart - tow and mileage cost only Fuel cost Fuel surcharge percentage $2.50 0% $3.00 1% $3.50 2% $4.00 3% $4.50 4% $5.00 5% $5.50 6% $6.00 7% $6.50 8% $7.00 9% $7.50 10% $8.00 11%** B. No change. Section 10. If any section, paragraph, subdivision, clause or provision of this Ordinance shall be judged invalid, such adjudication shall apply only to that section, paragraph, subdivision, clause or provision, and the remainder of this Ordinance shall be deemed valid and effective. Section 11. All ordinances or parts of ordinances inconsistent with or in conflict with this Ordinance are hereby repealed to the extent of such inconsistency. Section 12. This Ordinance shall take effect according to law. Mayor Conley opened up the public hearing on Ordinance 22-2024. Since no member of the public wished to be heard, the public hearing was closed. Mr. Range moved that Ordinance 22-2024, 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: PAGE 13 OF 32 Regular Meeting Minutes – July 22, 2024 Yeas: Ms. Ehrlich, Mr. Landrigan, Mr. Range, Mr. Haralampoudis, Ms. Honohan, Mr. Forte Nays: None Mayor Conley declared Ordinance 22-2024 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 23-2024 ORDINANCE OF THE BOROUGH OF MADISON AMENDING AND SUPPLEMENTING CHAPTER 98 OF THE BOROUGH CODE ENTITLED “FILMING” AND REPEALING AND REPLACING THE FILMING APPLICATION FORM WHEREAS, the Director of Business Development and Borough Administrator have recommended that the Borough adopt amendments to Chapter 98 of the Borough Code entitled “Filming” to regulate commercial filming in the Borough; and WHEREAS, the Borough Council has considered this recommendation and desires to proceed with the adoption of such ordinance. NOW, THEREFORE, BE IT ORDAINED, by the Borough Council of the Borough of Madison, in the County of Morris and State of New Jersey as follows: Chapter 98: Filming (Replacement) § 98-1 Definitions. As used in this chapter, the following terms shall have the meanings indicated: FILMING The taking of still or motion pictures either on film or videotape or similar recording medium, for commercial or educational purposes intended for viewing on television, in theaters or for institutional uses. The provisions of this chapter shall not be deemed to include the "filming" of news stories within the municipality. MAJOR MOTION PICTURE Any film which is financed and/or distributed by a major motion picture studio, including but not limited to the following:  Universal Pictures.  Warner Brothers, including New Line Cinema, Castle Rock Cinema, Village Road Show and Bel- Aire.  Paramount, including MTV Films and Nickelodeon Movie.  20th Century Fox, including Fox Searchlight. PAGE 14 OF 32  Regular Meeting Minutes – July 22, 2024  Sony/Columbia.  Disney/Miramax.  MGM/United Artists.  DreamWorks.  Any major streaming service, such as Netflix, Hulu, or Amazon Prime Video.  Any film for which the budget is at least $5,000,000.  Recurrent weekly television series programming. PUBLIC LANDS Any and every public street, highway, sidewalk, square, public park or playground or any other public place within the municipality which is within the jurisdiction and control of the municipality. §98-2 Permit required. A. No person or organization shall film or permit filming on public or on private property where such filming involves the use of public property for the operation, placement or temporary storage of vehicles or equipment utilized in such filming, including, but not limited to, any temporary structure, barricade or device intended to restrict or block off pedestrian or vehicular traffic, without first having obtained a permit from the office of the Borough Clerk, which permit shall set forth the approved location of such filming and the approved duration of such filming by specific reference to day or dates. Said permit must be readily available for inspection by borough officials at all times at the site of the filming. B. All permits shall be applied for and obtained from the office of the Borough Clerk during normal business hours. Applications for such permits shall be in a form approved by the Borough Clerk and be accompanied by a permit fee in the amount established by this chapter in §98-10 herein. C. The following information shall be included in the permit application: (1)Locations of filming; (2) Proposed duration of filming, including date(s) and hours; subject to the final approval of the Borough Clerk as to the final filming schedule within the Borough of Madison and subject to the requirements of this section; (3) Amount of space required on public streets/highways/sidewalks; etc.; and (4) Contact information for the applicant, including the on-site person; (5) The estimated number of film crew members expected to be on-site during filming; (6) If filming is conducted on private property, proof of the property owner’s consent to film. PAGE 15 OF 32  Regular Meeting Minutes – July 22, 2024 D. If a permit is issued and, due to inclement weather or other good cause, filming does not in fact take place on the dates specified, the Borough Clerk may, at the request of the applicant, issue a new permit for filming on other dates subject to full compliance with all other provisions of this chapter. No additional fee shall be paid for this permit. §98-3 Issuance of permits. A. No permits will be issued by the Borough Clerk unless applied for prior to ten days before the requested shooting date; provided, however, that the Borough Administrator may waive the ten-day period if, in his judgment, the applicant has obtained all related approvals and adjacent property owners or tenants do not need to be notified. B. No permit shall be issued for filming upon public lands unless the applicant shall provide the municipality with satisfactory proof of the following: (1) Proof of insurance coverage as follows: (2) For bodily injury to any one person in the amount of $1,000,000 and any occurrence in the aggregate amount of $2,000,000. (3) For property damage for each occurrence in the aggregate amount of $300,000. (4) The Borough of Madison shall be named as an additional insured and a certificate holder entitled to 30 days’ notice of modification or cancellation (5) An agreement, in writing, whereby the applicant agrees to indemnify and save harmless the municipality from any and all liability, expense, claim or damages resulting from the use of public lands. An agreement, in writing, whereby the applicant agrees to indemnify, defend and hold harmless the Borough of Madison, against any and all claims for damage and liability to or death of persons; and for damages to or destruction of public lands occurring during applicant’s use of the premises and caused by the application’s operations under and pursuant to this Agreement; and shall pay the reasonable costs of defending lawsuits resulting including, but not limited to, reasonable attorneys’ fees, court costs and any judgment awarded to a third party as the result of such suit. In accordance with the foregoing, permittee shall also indemnify, defend and hold harmless the Borough of Madison from any and all claims of intellectual property. (6) The posting of a $500.00 cash deposit protecting and ensuring that the location utilized will be left after filming in a satisfactory and debris free condition and in a fashion consistent with the Borough code. In the event that the property is not left in such condition, and remains unabated for more than 24 hours after the Borough notifies the Applicant of the same, the Borough is free to draw upon said monies to abate such condition that the Borough deems necessary in its sole and unencumbered judgment and to the extent that the $500.00 deposit is insufficient to reimburse the Borough for all related expenses associated with the same, it shall be permitted to pursue recover against the Applicant for all reasonable costs PAGE 16 OF 32  Regular Meeting Minutes – July 22, 2024 associated with the same and if successful, the applicant must reimburse the Borough for all reasonable expenses associated with the same, including, but not limited to reasonable attorney’s fees. C. The hiring of off-duty police officer(s) and/or firefighter(s) for the times indicated on the permit. The number of police officers and/or firefighters required on the set will be determined by the appropriate municipal authority (Borough of Madison Police Department, Borough of Madison Fire Department, etc.). The Applicant shall be responsible for the full cost of hiring the off-duty police officer(s) and/or firefighter(s).The holder of the permit shall take all reasonable steps to minimize interference with the free passage of pedestrians and traffic over public lands and shall comply with all lawful directives issued by the Police Department with respect thereto. (1) Any applicant shall be required to hire off-duty police officers during filming if: (a) Firearms, pyrotechnics, or other hazardous materials are to be used; (b) Any actors or film crew members are to be wearing costumes that resemble the uniforms of any type of public personnel; (c)Any streets or lanes are to be closed; or (d) The filming involves activities in which a police presence is necessary to protect health, safety or welfare of the residents of the Borough of Madison. (2) Any applicant shall be required to arrange with the Borough of Madison Police Department and Parking Office for the use of parking in a municipal lot §98-4 Interference with public activity; notice of filming. A. The holder of the permit shall take all responsible steps to minimize interference with the free passage of pedestrians and traffic over public lands and shall comply with all lawful directives issued by the Madison Police Department with respect thereto. B. The holder of the permit shall conduct filming in such a manner as to minimize the inconvenience or discomfort to adjoining property owners attributable to such filming and shall, to the extent practicable, abate noise and park vehicles associated with such filming off the public streets. The holder shall avoid any interference with previously scheduled activities upon public lands and limit, to the extent possible, any interference with normal public activity on such public lands. Where the applicant’s production activity, by reason of location or otherwise, will directly involve and/or affect any businesses, merchants or residents, these parties shall be given written notice of the filming at least three days prior to the requested shooting date and be informed that objections may be filed with the Borough Clerk, said objection to form a part of applicant’s application and be considered in the review of same. Proof of service of notification to adjacent owners shall be submitted to the Borough Clerk PAGE 17 OF 32  Regular Meeting Minutes – July 22, 2024 within five days of the requested shooting date. The holder of a permit shall conduct filming in such a manner as to minimize the inconvenience or discomfort to adjoining property owners attributable to such filming and shall, to the extent practicable, abate noise and park vehicles associated with such filming off the public streets. C. The holder shall avoid any interference with previously scheduled activities upon public lands and limit, to the extent possible, any interference with normal public activity on such public lands. Where the applicant's production activity, by reason of location or otherwise, will directly involve and/or affect any businesses, merchants or residents, these parties shall be given written notice of the filming at least three days prior to the requested shooting date and be informed that objections may be filed with the Borough Clerk, said objections to form a part of applicant's application and be considered in the review of the same. Proof of service of notification to adjacent owners shall be submitted to the Borough Clerk within two days of the requested shooting date. §98-5 Refusal to issue permit; employment of patrolmen and electrician. A. The Borough Administrator may refuse to issue a permit whenever he determines, on the basis of objective facts and after a review of the application and a report thereon by the Police Department and by other borough agencies involved with the proposed filming site, that filming at the location and/or the time set forth in the application would violate any law or ordinance or would unreasonably interfere with the use and enjoyment of adjoining properties, unreasonably impede the free flow of vehicular or pedestrian traffic or otherwise endanger the public's health, safety or welfare. B. Further, the Borough reserves the right to require one or more on-site patrolmen in situations where the proposed production may impede the proper flow of traffic, the cost of said patrolman to be borne by the applicant as a cost of production. Where existing electrical power lines are to be utilized by the production, an on-site licensed electrician may be similarly required if the production company does not have a licensed electrician on staff. §98-6 Appeals. A. Any person aggrieved by the decision of the Borough Clerk denying or revoking a permit that has been denied by the Borough of Pompton Lake may appeal to the Borough Administrator. A written notice of appeal setting forth the reasons for the appeal shall be filed with the Borough Clerk. B. An appeal from the decision of the Borough Clerk shall be filed within 10 calendar days from the date of the denial or revocation of the permit. The matter shall be decided by the Borough Administrator upon the written record unless a hearing is requested. Any hearing shall be conducted informally by the Borough Administrator, and the formal rules of evidence shall not apply. The decision of the Borough Administrator shall be issued within 45 days from the date of the notice of the appeal. Such decision is final and appealable to the Superior Court of New Jersey. PAGE 18 OF 32  Regular Meeting Minutes – July 22, 2024 §98-7 Waiver of requirements of chapter by Administrator. A. The Borough Administrator may authorize a waiver of any of the requirements, provisions or restrictions of this chapter if the Administrator determines that a waiver thereof may be granted without endangering the public health, safety and welfare. In determining whether to issue a waiver, the Administrator shall consider the following factors: (1) Potential traffic congestion at the location. (2) The applicant's ability to remove the applicant's vehicles and equipment from the public streets or other public property. (3) The extent to which the applicant is requesting restrictions on the use of public streets or public parking facilities during filming. (4) The nature of the filming, including whether filming will take place indoors or outdoors, and the proposed hours for filming. (5) The extent to which the filming may affect adjoining and nearby property owners and occupants. (6) The Borough's prior experience with the applicant, if any. §98-8 Copies of permit; inspections. A. Copies of the approved permit will be sent to the Police and Fire Departments before filming takes place and to the New Jersey Film Commission. The applicant shall permit the Fire Prevention Bureau or other borough inspectors to inspect the site and the equipment to be used, if deemed necessary. The applicant shall comply with all safety instructions issued by the Fire Prevention Bureau or other borough inspectors. B. The applicant shall notify the Police Department and Fire Department 72 hours before the filming takes place and shall permit the Police Department and Fire Department or other designated Borough inspector to inspect the site and the equipment to be used. The applicant shall comply with all safety instructions issued by Borough inspectors, including but not limited to the Police Department and Fire Department. §98-9 Reimbursement of certain costs. A. In addition to any other fees or costs mentioned in this chapter, the applicant shall reimburse the Borough for any lost revenue, such as parking meter revenue, repairs to public property or other revenues that the Borough was prevented from earning because of filming. §98-10 Fees. A. The schedule of fees for the issuance of permits authorized by this chapter are as follows: (1) Basic filming permit: $150. Where an applicant requests a waiver of the provision of §98-3, A. requiring expedited processing of a permit application within 24 hours of the filming date, the basic filming permit fee for PAGE 19 OF 32  Regular Meeting Minutes – July 22, 2024 processing the application on an expedited basis shall be $200. (2) Daily filming fee for Major Motion Picture payable in addition to the basic filming permit when filming entirely on public property: $250 per day. (3) Daily filming fee payable in addition to the basic filming permit when filming entirely on public property: $1,000 per day. (4) Filming permit for nonprofit applicants filming for educational purposes, including student films (no daily rate required): $50. (5) Filming on private property: no daily filming fee will be imposed §98-11 Violations and penalties. A. Where the owner of the premises is not the applicant for the permit required by this chapter, both the owner and the applicant shall each be liable for violations hereof. Any person violating this chapter or these rules and regulations, upon conviction thereof, shall be punished by a fine not exceeding $2,000 per day. §98-12 Exemptions. A. The provisions of this chapter shall not apply to: (1) The filming of news stories within the Borough of Madison by individuals and/or legitimate entities or organizations for purposes of journalism or news reporting; (2) Filming by one individual using a hand-held camera without the assistance of other persons, or filming by one or more individuals for weddings, religious, occasions and other family or social private parties, occasions, events or functions; (3) Filming for authorized municipal government purposes as may be authorized by the Borough Council or the Borough Administrator. Mayor Conley opened up the public hearing on Ordinance 23-2024. Since no member of the public wished to be heard, the public hearing was closed. Mr. Haralampoudis moved that Ordinance 23-2024, 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. Landrigan, Mr. Range, Mr. Haralampoudis, Ms. Honohan, Mr. Forte Nays: None Mayor Conley declared Ordinance 23-2024 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 20 OF 32 Regular Meeting Minutes – July 22, 2024 ORDINANCE 24-2024 ORDINANCE OF THE BOROUGH OF MADISON APPROPRIATING $80,000.00 FROM THE GENERAL CAPITAL IMPROVEMENT FUND FOR THE PURCHASE OF A TRUCK AND ACCESSORIES FOR THE DEPARTMENT OF PUBLIC WORKS WHEREAS, the Director of Public Works has recommended that the Borough appropriate $80,000.00 from the General Capital Improvement Fund for the purchase of a new F150 truck and accessories for the Department of Public Works; 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 $80,000.00 for this purpose; and WHEREAS, the Borough Council has determined that the Borough should appropriate $80,000.00 from the General Capital Improvement Fund for the purchase of a new F150 truck and accessories for the Department of Public Works. 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 $80,000.00 is hereby appropriated from the General Capital Improvement Fund for the purchase of a new F150 truck and accessories for the Department of Public Works. SECTION 2: The budget of the Borough is hereby amended to conform with the provisions of this Ordinance. SECTION 3: This Ordinance shall take effect as provided by law. Mayor Conley opened up the public hearing on Ordinance 24-2024. Since no member of the public wished to be heard, the public hearing was closed. Mr. Landrigan moved that Ordinance 24-2024, which was read by title, be finally adopted. Mr. Forte 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 Mayor Conley declared Ordinance 24-2024 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 25-2024 ORDINANCE OF THE BOROUGH OF MADISON APPROPRIATING $695,000.00 FROM THE RESERVE FOR ELECTRIC UTILITY SUBSTATION FUND FOR THE ELECTRIC SUBSTATION REPAIRS AND IMPROVEMENTS PAGE 21 OF 32 Regular Meeting Minutes – July 22, 2024 WHEREAS, the Electric Utility Superintendent has recommended that the Borough appropriate $695,000.00 from the Reserve for Electric Utility Substation Fund for Electrical Substation Repairs and Improvements; and WHEREAS, the Chief Financial Officer has attested to the availability of the funds in the Reserve for Electric Utility Substation Fund for Electrical Substation Repairs and Improvements in an amount not to exceed $695,000.00 for this purpose; and WHEREAS, the Borough Council has determined that the Borough should appropriate $695,000.00 from the Reserve for Electric Utility Substation Fund for Electrical Substation Repairs and Improvements. 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 $695,000.00 is hereby appropriated the Reserve for Electric Utility Substation Fund for Electrical Substation Repairs and Improvements. SECTION 2: The budget of the Borough is hereby amended to conform with the provisions of this Ordinance. SECTION 3: This Ordinance shall take effect as provided by law. Mayor Conley opened up the public hearing on Ordinance 25-2024. Since no member of the public wished to be heard, the public hearing was closed. Mr. Haralampoudis moved that Ordinance 25-2024, which was read by title, be finally adopted. Mr. Landrigan seconded the motion. There was no Council discussion, and the motion passed with the following roll call vote recorded: Yeas: Ms. Ehrlich, Mr. Landrigan, Mr. Range, Mr. Haralampoudis, Ms. Honohan, Mr. Forte Nays: None Mayor Conley declared Ordinance 25-2024 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. 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. Kathleen Caccavale; Central Avenue, noted the Drew Forest is an important resource as a source of water for the Borough and surrounding area and thanked the Council for their efforts to save the forest. PAGE 22 OF 32 Regular Meeting Minutes – July 22, 2024 Richard Zipper; Greenwood Avenue, noted the proposed construction on Central Avenue and asked that wide sidewalks be maintained. Mr. Zipper also asked the Land Use meetings return to in-person meetings. 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 August 12, 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 26-2024 ORDINANCE OF THE BOROUGH OF MADISON ADOPTING THE REDEVELOPMENT PLAN FOR CERTAIN PROPERTY LOCATED AT BLOCK 3303, LOT 2, AS SHOWN ON THE OFFICIAL TAX MAP OF THE BOROUGH OF MADISON, PURSUANT TO THE LOCAL REDEVELOPMENT AND HOUSING LAW, N.J.S.A. 40A:12A-1 TO -89 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 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, 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 PAGE 23 OF 32 Regular Meeting Minutes – July 22, 2024 WHEREAS, on May 13, 2024, the Mayor and Borough Council adopted Resolution No. 157-2024, which accepted the Planning Board’s recommendation that the Study Area was found to meet the necessary statutory criteria, designated the entire Study Area as a non- condemnation area in need of redevelopment, and authorized the Planning Board to prepare a Redevelopment Plan and to make recommendations for the Redevelopment Area pursuant to the Redevelopment Law; and WHEREAS, pursuant to N.J.S.A. 40A:12A-7(e) and N.J.S.A. 40A:12A-15 of the Redevelopment Law, Susan G. Blickstein, AICP/PP, PhD, prepared a redevelopment plan for the Redevelopment Area entitled “1 Giralda Farms Redevelopment Plan, Block 3303, Lot 2, Borough of Madison, Morris County, New Jersey,” (the “Redevelopment Plan”) dated July 16, 2024; and WHEREAS, this Ordinance will be referred to the Planning Board to review the Redevelopment Plan, to determine if the Redevelopment Plan is not inconsistent with the Master Plan of the Borough of Madison and to make recommendations; and WHEREAS, upon receipt and review of the Planning Board’s review and recommendations relating to the Redevelopment Plan, the Borough Council desires to adopt the Redevelopment Plan in order to effectuate a plan that is consistent with the goals and objectives of the Borough for the redevelopment of the Redevelopment Area; and WHEREAS, the Borough Council believes that the adoption of the Redevelopment Plan, as amended herein, is in the best interest of the Borough for the redevelopment of the Redevelopment Area. NOW THEREFORE BE IT ORDAINED, by the Borough Council of the Borough of Madison, in the County of Morris and State of New Jersey, as follows: Section 1. The aforementioned recitals are incorporated herein as though fully set forth at length. Section 2. The Redevelopment Plan titled “1 Giralda Farms Redevelopment Plan, Block 3303, Lot 2, Borough of Madison, Morris County, New Jersey,” and dated July 16, 2024, attached hereto as Exhibit A, is hereby adopted, pursuant to the terms of N.J.S.A. 40A:12A-7 of the Redevelopment Law. Section 3. The zoning district map in the zoning ordinance of the Borough is hereby amended to include the Property per the boundaries described in the Redevelopment Plan and the provisions thereon. Section 4. If any section, sentence or other part of this Ordinance is adjudged unconstitutional or invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance but shall be confined in its effect to the section, portion or other part of this Ordinance directly involved in the controversy in which such judgment shall be rendered. Section 5. All ordinances, or parts thereof, which are inconsistent with the provisions of this ordinance are hereby repealed, but only to the extent of such inconsistencies. Section 6. A copy of this Ordinance and the Redevelopment Plan shall be available for public inspection at the office of the Borough Clerk during regular business hours. PAGE 24 OF 32 Regular Meeting Minutes – July 22, 2024 Section 7. This ordinance shall take effect immediately upon final passage and publication according to law. Mr. Range moved that Ordinance 26-2024, which the Borough Clerk read by title, be 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. Landrigan, Mr. Range, Mr. Haralampoudis, Ms. Honohan, Mr. Forte Nays: None ORDINANCE 27-2024 ORDINANCE OF THE BOROUGH OF MADISON APPROPRIATING $120,000.00 FROM THE GENERAL CAPITAL IMPROVEMENT FUND FOR REPAIR/REPLACEMENT OF SEWER LIFT STATION VALVES AND ACCESSORIES WHEREAS, the Director of Public Works has recommended that the Borough appropriate $120,000.00 for the Repair/Replacement of sewer lift station valves and accessories; and WHEREAS, this expenditure was reflected in the 2024 Capital Budget; and WHEREAS, the Chief Financial Officer has attested to the availability of the funds in the General Capital Improvement Fund for Repair/Replacement of sewer lift station valves and accessories in an amount not to exceed $120,000.00 for this purpose; and WHEREAS, the Borough Council has determined that the Borough should appropriate $120,000.00 from the General Capital Improvement Fund for the Repair/Replacement of sewer lift station valves and accessories. NOW, THEREFORE, BE IT ORDAINED by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, as follows: SECTION 1: The amount of $120,000.00 is hereby appropriated from the General Capital Improvement Fund for Repair/Replacement of sewer lift station valves and accessories. SECTION 2: The budget of the Borough is hereby amended to conform with the provisions of this Ordinance. SECTION 3: This Ordinance shall take effect as provided by law. Mr. Landrigan moved that Ordinance 27-2024, which the Borough Clerk read by title, be adopted. Mr. Forte seconded the motion. There was no Council discussion, and the motion passed with the following roll call vote recorded: Yeas: Ms. Ehrlich, Mr. Landrigan, Mr. Range, Mr. Haralampoudis, Ms. Honohan, Mr. Forte Nays: None PAGE 25 OF 32 Regular Meeting Minutes – July 22, 2024 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 217-2024 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING EXECUTION OF AMENDED SETTLEMENT AGREEMENT WITH MIDWEST CONSTRUCTION INC. WHEREAS, certain matters have arisen pertaining to the 2020 Road Reconstruction program (Glenwild Road) with Midwest Construction, Inc. and the Borough of Madison (the “Borough”); and WHEREAS, Midwest Construction, Inc. previously agreed to a Settlement Agreement with the Borough; and WHEREAS, due to circumstances outside of the Borough’s control, it became necessary to amend the terms of the settlement agreement with Midwest; and WHEREAS, the Borough Council has reviewed the Amended Settlement Agreement and seeks to accept and agree to the terms of same. NOW, THEREFORE, BE IT RESOLVED by the Borough Council of the Borough of Madison in the County of Morris and State of New Jersey, as follows: 1. The Mayor and Borough Clerk are hereby authorized and directed to execute the Amended Settlement Agreement with Midwest Construction, Inc. in a form acceptable to the Borough Counsel. 2. A copy of this Resolution shall be provided to the Assistant Borough Engineer. 3. This Resolution shall take effect immediately. R 218-2024 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING PURCHASE OF POLICE VEHICLE ACCESSORIES FOR THE POLICE DEPARTMENT THROUGH THE NEW JERSEY COOPERATIVE PRICING SYSTEM WHEREAS, the Borough of Madison desires to award a contract for the purchase of police vehicle accessories through the New Jersey Cooperative Pricing System program; and PAGE 26 OF 32 Regular Meeting Minutes – July 22, 2024 WHEREAS, the purchase of goods and services by local contracting units is authorized by the Local Public Contracts Law, N.J.S.A. 40A:11-10, et seq.; and WHEREAS, Island Tech Services has been awarded the New Jersey Cooperative Pricing System contract number 17-Fleet-00739, Police Vehicle Accessories; and WHEREAS, the Qualified Purchasing Agent has recommended that the Borough Council utilize this contract for the purchase of police vehicle accessories; and WHEREAS, funds are available in Police Outside Duty Account, and Vehicle Parts and Accessories Account, or in any other account that may be deemed appropriate by the Chief Financial Officer or his designee. 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. A contract with Island Tech Services in the amount of $13,084.39 is hereby approved. 2. The Borough Administrator is hereby authorized and directed on behalf of the Borough to execute a Purchase Order for the vendor listed above, for the purchase of police vehicle accessories for the Police Department, in a form acceptable to the Borough Attorney. R 219-2024 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING RENEWAL OF A CONTRACT WITH CIEL POWER LLC FOR ENERGY AUDIT SERVICES WHEREAS, the Borough solicited receipt of competitive proposals through a Request for Proposal process (RFP) for Energy Audit Services; and WHEREAS, the Assistant Borough Administrator recommends that the contract awarded to Ciel Power LLC, of Lyndhurst, N.J., for Energy Audit Services, at no cost to the Borough for these services, be renewed for an additional twelve (12) month term as provided for in the RFP. 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 hereby authorized to execute, on behalf of the Borough, a renewal agreement for Energy Audit Services with Ciel Power LLC, such contract to be in a form approved by 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. PAGE 27 OF 32 Regular Meeting Minutes – July 22, 2024 R 220-2024 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING 39TH ANNUAL GIRALDA FARMS RUN ON SUNDAY, NOVEMBER 10, 2024 WHEREAS, the Barwick Group has requested permission to use portions of Loantaka Way, Woodland Road, Treadwell Avenue, Dodge Drive and Madison Avenue in connection with the annual Giralda Farms Run; and WHEREAS, the Police Chief recommends approval of this request; and WHEREAS, the Barwick Group has agreed to reimburse the Madison Police Department for all expenses incurred in connection with the monitoring of said race; and WHEREAS, the Borough Council has reviewed said request and determined that it should be granted. NOW, THEREFORE, BE IT RESOLVED, by the Council of the Borough of Madison, in the County of Morris, State of New Jersey that the Barwick Group is hereby granted permission to use portions of Loantaka Way, Woodland Road, Treadwell Avenue, Dodge Drive and Madison Avenue in connection with the annual Giralda Farms Run to be conducted on Sunday, November 10, 2024, between the hours of 6:00 a.m. and 3:00 p.m. subject to the condition that the Barwick Group provide the Borough Clerk with the required Certificate of Insurance before the date of the race and reimburse the Madison Police Department for all expenses incurred in connection with the monitoring of said race. R 221-2024 RESOLUTION OF THE BOROUGH OF MADISON GRANTING TURN THE TOWNS TEAL® PERMISSION TO TIE RIBBONS AROUND TREES ON THE STREETS OF MADISON FROM SEPTEMBER 1, 2024 THROUGH SEPTEMBER 30, 2024 IN SUPPORT OF THEIR TURN THE TOWNS TEAL CAMPAIGN TO FIGHT OVARIAN CANCER WHEREAS, Turn the Towns Teal® has requested permission for ribbons to be tied on Borough street trees on the main streets of the Borough from September 1, 2024 to September 30, 2024 in support of their “Turn the Towns Teal Campaign” to fight ovarian cancer; and WHEREAS, the Borough Council has determined to grant this request with the understanding that the ribbons be removed by October 3, 2024. NOW, THEREFORE, BE IT RESOLVED by the Council of the Borough of Madison, County of Morris, State of New Jersey, that the request for ribbons to be tied on Borough street trees from September 1, 2024 to September 30, 2024 in support of the “Turn the Towns Teal Campaign” to fight ovarian cancer is hereby approved. PAGE 28 OF 32 Regular Meeting Minutes – July 22, 2024 BE IT FURTHER RESOLVED that Turn the Towns Teal will arrange for removal of the ribbons no later than October 3, 2024. R 222-2024 RESOLUTION OF THE BOROUGH OF MADISON APPOINTING JON CARLSON AS PART-TIME PER DIEM EMERGENCY MEDICAL TECHNICIAN (EMT) IN THE MADISON FIRE DEPARTMENT WHEREAS, the Chief of the Madison Fire Department recommends the appointment of Jon Carlson to the position of Part-Time Per Diem Emergency Medical Technician (EMT); 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 Jon Carlson is hereby appointed to the position of Part-Time Per Diem EMT effective immediately; and BE IT FURTHER RESOLVED, that Jon Carlson will be compensated at the rate of $30.00 per hour without benefits. R 223-2024 RESOLUTION OF THE BOROUGH OF MADISON RATIFYING APPOINTMENT OF INTERN IRIS PISKULA AS PART-TIME, UNPAID INTERN FOR THE POLICE DEPARTMENT WHEREAS, the Police Chief and Personnel Director have recommended the appointment of Iris Piskula as part-time unpaid Intern for the Madison Police Department; and WHEREAS, the Borough Council agrees with this recommendation. NOW, THEREFORE, BE IT RESOLVED, by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, that the appointment of Iris Piskula, as part-time unpaid Intern for the Madison Police Department, is hereby approved. R 224-2024 RESOLUTION OF THE BOROUGH OF MADISON RATIFYING APPOINTMENT OF INTERN KATIE MOLNAR AS PART-TIME, UNPAID INTERN FOR THE POLICE DEPARTMENT WHEREAS, the Police Chief and Personnel Director have recommended the appointment of Katie Molnar as part-time unpaid Intern for the Madison Police Department; and WHEREAS, the Borough Council agrees with this recommendation. NOW, THEREFORE, BE IT RESOLVED, by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, that the appointment of PAGE 29 OF 32 Regular Meeting Minutes – July 22, 2024 Katie Molnar, as part-time unpaid Intern for the Madison Police Department, is hereby approved. R 225-2024 RESOLUTION OF THE BOROUGH OF MADISON APPROVING RAFFLES LICENSE APPLICATION SUBMITTED BY PBA LOCAL 92 CIVIC ASSOCIATION INC. BE IT RESOLVED by the Council of the Borough of Madison, County of Morris, State of New Jersey, that the following application for Raffles License, to be held as listed below, be and the same is hereby approved: PBA LOCAL 92 CIVIC ASSOCIATION INC I.D. No. 274-8-43112 R.A. No. 1589 – On-Premise Merchandise Date of Raffle – September 4-8, 2024 R 226-2024 RESOLUTION OF THE BOROUGH OF MADISON APPROVING RAFFLES LICENSE APPLICATION SUBMITTED BY BPOE #1465 MADISON LODGE TO CONDUCT DAILY INSTANT RAFFLE GAMES, INCLUDING SUNDAYS WHEREAS, N.J.S.A. 5:8-1 et seq. and N.J.A.C. 13:47-1.1 et seq. prohibit the conducting of games of chance on Sunday unless specifically authorized by a duly adopted municipal ordinance; and WHEREAS, on March 8, 1982, the Council of the Borough of Madison adopted Ordinance No. 5-82 to allow the Council, by resolution, to permit qualified organizations to conduct games of chance on Sunday; and WHEREAS, the New Jersey Legalized Games of Chance Control Commission has issued Registration Identification No. 274-6-34038 to BPOE #1465 Madison Lodge; and WHEREAS, an Application for Raffles License, together with all necessary documents and fees, has been submitted to the Madison Borough Clerk's Office by BPOE #1465 Madison Lodge to conduct Instant Raffle Games seven days a week on its premises at 192 Main Street, Madison, from September 8, 2024 through September 8, 2025. NOW, THEREFORE, BE IT RESOLVED by the Council of the Borough of Madison, County of Morris, State of New Jersey, that the aforementioned Application for Raffles License, R.A. No. 1590, to be held as listed above, be and the same is hereby approved. R 227-2024 RESOLUTION OF THE BOROUGH OF MADISON ACCEPTING RESIGNATION OF DIRECTOR OF TECHNOLOGY JAMES SANDERSON EFFECTIVE IMMEDIATELY WHEREAS, Director of Technology, James Sanderson, has advised the Borough in writing of his irrevocable resignation effective immediately with PAGE 30 OF 32 Regular Meeting Minutes – July 22, 2024 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 Director of Technology James Sanderson, is hereby acknowledged and accepted and the Mayor is authorized to execute the attached Separation Agreement and Release. 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 $4,449,461.89 General Capital Fund 0.00 Electric Operating Fund 209,824.35 Electric Capital Fund 9,540.05 Water Operating Fund 54,772.81 Water Capital Fund 0.00 Trusts 35,493.80 Total $4,759,092.90 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 NEW BUSINESS MADISON HOUSING AUTHORITY COMMISSIONERS Mayor Conley recommended reappoint of Caridad Reyes as Commissioner effective August 11, 2024 for a five-year term through August 10, 2029. Mayor Conley also recommended reappoint of Mark McBride as Commissioner effective August 11, 2024 for a five-year term through August 10, 2029, and requested Council confirmation: Mr. Range moved confirmation of the foregoing appointment. Ms. Ehrlich seconded the motion. There was no Council discussion and the motion passed with a unanimous voice call vote recorded. ADJOURN There being no further business to come before the Council, the meeting was adjourned at 8:50 p.m. PAGE 31 OF 32 Regular Meeting Minutes – July 22, 2024 Respectfully submitted, Elizabeth Osborne Borough Clerk Approved July 22, 2024 (EO) PAGE 32 OF 32