Mayor & Council

MINUTES OF A REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF MADISON November 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 13thday of November, 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: Robert Landrigan Eric P. Range Thomas Haralampoudis John J. Forte Absent: Rachel F. Ehrlich Melissa Honohan Also Present: Raymond M. Codey, Borough Administrator James E. Burnet, Assistant Borough Administrator Elizabeth Osborne, Borough Clerk Marina Stinely, Esq. for Matthew J. Giacobbe, Esq. Borough Attorney AGENDA REVIEW There was approval of the Regular and Executive Agenda. READING OF CLOSED SESSION RESOLUTION Mr. Range moved: RESOLVED, that the meeting be adjourned to an Executive Session to consider the following matters: MINUTES FOR APPROVAL (1) October 28, 2024 Date of public disclosure 60 days after conclusion, if disclosure required. PERSONNEL MATTERS (4) BOROUGH PLANNER LAND USE ADMINISTRATIVE OFFICIAL Regular Meeting Minutes – November 13, 2024 ELECTRIC UTILITY CHIEF LINEMAN DEPARTMENT HEAD EVALUATIONS Date of public disclosure 90 days after conclusion, if disclosure required. LITIGATION MATTERS (2) AFFORDABLE HOUSING DREW UNIVERSITY Date of public disclosure 60 days after conclusion, if disclosure required. Seconded: Mr. Landrigan 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: Louis P. DeBiasses, II, John Blair and James E. Schessler. APPROVAL OF MINUTES Mr. Range moved approval of the Executive Minutes of October 28, 2024. Mr. Landrigan seconded the motion, which passed with a unanimous voice call vote recorded. Mr. Range moved approval of the Regular Meeting Minutes of October 28, 2024. Mr. Landrigan seconded the motion, which passed with a unanimous voice call vote recorded. GREETINGS TO PUBLIC Mayor Conley made the following comments: Employee of the Month for November: The Employee of the Month for November is Lisa Ellis, Director of Business Development for her efforts coordinating Bottle Hill Day and the Madison Farm & Artisan Market. Swearing In of Madison Firefighter John Wittnebert Mayor Conley administered the Oath of Office to Firefighter John Wittnebert, who was surrounded by his wife and family. There was a long round of applause. REPORTS OF COMMITTEES Public Safety Mr. Range, Chair of the Committee, made the following comments: During the past two weeks, Madison School Resource Officers Thomas Downs "Officer Tom", Peter Frank "Officer Pete" and Robert Deitch "Officer Rob" presented a safety talk to all Madison Elementary School students as a part of School Safety Week. The safety talk consisted of: Stanger Danger and Internet Safety. Our SROs conduct presentations on other topics throughout the school year in hopes to keep our children safe from harm, including most recently Halloween Safety. Last week, Madison Police command staff facilitated a meeting between members of public safety and administration of Drew University and Morris County ARRIVE officials. The meeting was held at Madison Police headquarters and a procedure was PAGE 2 OF 25 Regular Meeting Minutes – November 13, 2024 formulated to provide a unified response and necessary follow ups to Drew University students struggling from mental health issues, behavioral issues, and substance abuse. We were satisfied that we could expand the ARRIVE program to treat the Drew University community and feel that this will be a tremendous resource for the University and its students. The ARRIVE acronym stands for “Alternative Responses to Reduce Instances of Violence & Escalation” and it seeks to help police provide immediate support to individuals in crisis. For the month of October the Fire Department has responded to 235 calls. Ninety two people were transported by EMS division to the hospital. On November 11th the NJ Department of Health officially granted the Fire Department a scope of practice. The EMS division will be able to provide better treatment for people experiencing breathing emergencies. The change in practice also helps with identifying diabetic problems. On November 1st the Morris County Fire Coordinator reached out to Madison seeking help with a large brush fire in Rockaway Township. Four firefighters and Engine 2 spent 9 hours on scene protecting structures from the fire. They also assisted the State forest fire service with a back burn to help control the fire. The Fire Department reminds everyone we are still in high fire danger. Absolutely no outside fires. Also, a reminder not to park any vehicles or machines near or on top of leave piles. From the Finance Department, this evening we have an important item on the consent agenda regarding Budget Transfers. State Statute only permits transfer of funds from one budget line to another during the last two months of the current budget year and the first three months of the following year. There are a number of statutory cap related restrictions on how funds can be transferred. The official state budget document has hundreds of lines in it and the only way to move funds from one line to another is by transferring it by resolution. Transfers typically occur when there is an unanticipated issue and these are listed on the resolution. Budget season is here. Administration is suggesting a budget schedule similar to year’s past, with an April 28th, Budget hearing and adoption. This year we are under state review, so it is possible that the introduction and adoption dates may change. Finally, from the Finance Department, this Friday we will be wiring $4,067,724.67 to the Madison Board of Education. This amount represents their monthly portion of property taxes collected. Finance and Borough Clerk Ms. Ehrlich, Chair of the Committee, absent. Public Works and Engineering Mr. Landrigan, Chair of the Committee, made the following comments: Mr. Landrigan noted that the Department of Public Works has made it around town twice with the leaf vacuums. Residents are reminded to not put sticks or any other debris in with leaves. This clogs up the machines and slows us down. DPW assisted Police and DDC with Halloween and Dog Parades. Starting Monday November 18th, the Sewer Department will be jetting the sewers on the Following streets: Kensington Road, Bruns Street, Magnolia Court, Cross Street, Cottage Place and Kings Road from Union Avenue to Bruns Street. The Engineering Department reports Well B has had a final inspection, the Library Interior Renovation is mostly complete and the Cook Avenue Parking Lot is ready for milling and striping. Roof repairs at the Public Works garage are underway. Utilities Mr. Haralampoudis, Chair of the Committee, made the following comments: Mr. Haralampoudis noted that the water meter replacement project is underway with 4329 meters replace by Metertek to date. Thanks to Serviceman Jim Trimble who has done an excellent job coordinating this project. The Electric Department reports PAGE 3 OF 25 Regular Meeting Minutes – November 13, 2024 that on October 31st the Electric Department completed new service installation at the 64 Park Ave development. On November 5th a pole transfer of equipment from old pole to new at 14 Cook Avenue was completed and the upgrade of relays at the Kings Road Substation is in progress. This project is part of the interconnection agreement with JCPL to allow for under frequency load shedding. Under frequency load shedding prevents a domino effect in the event of a large scale power outage. On November 6th a crew was called in for flickering lights at 59 Ridgedale Avenue for an overheated connection. The connection was repaired and customer’s power was restored. The stand-by was called out for no power at 40 Prospect Street which was determined to be on the homeowner’s side (generator transfer switch). Mr. Haralampoudis reported information for Community Affairs noting that the Madison Farm & Artisan Market is open for business every Saturday through December 14th in the Prospect Street Parking Lot from 9:00 am until 2:00 pm. The next regular meeting of the Downtown Development Commission will be held on November 21st at 7:15 pm in the 2nd Floor Committee Room in the Hartley Dodge Memorial Building. The public is invited to attend. The Madison Holiday Arts Festival, sponsored by the DDC and Madison Arts & Culture Alliance, will return on Friday, November 29th, and run through December 1st. Community Affairs Ms. Honohan, Chair of the Committee, absent. Health Mr. Forte, Chair of the Committee, made the following comments: Mr. Forte noted that the Borough has hired a new registrar for the Health Department, Debra Garbiel. The Health Department held flu clinics at the Borough offices as well as at the Rexford Tucker Senior apartments, with forty nine residents attending. COMMUNICATIONS AND PETITIONS The Borough Clerk announced receipt of the following communications: Letter dated November 6, 2024 from Thelma Francis of Station Road regarding the Health Department Healthy Bones program. Email dated November 8, 2024 from Joe Luciano of East Street regarding parking along East Street. INVITATION FOR COMMENT (1 of 2) Mayor Conley opened the meeting to the public for their opportunity to ask questions and make comments on those items listed on the Agenda only. Mayor asked that, upon recognition by the Meeting Moderator, each person give his/her name and address in an audible tone of voice, for the record. He/she shall limit his/her statement to three (3) minutes or less. Claire Whitcomb; Fairwood Road, noted Eagle Scout Benjamin Engel submitted a project for work at the Madison Recreation and Conservation Center passive side including boardwalk improvements and signage. The first step is to help the public understand this great asset. Since no other member of the public wished to be heard, the invitation for discussion was closed. PAGE 4 OF 25 Regular Meeting Minutes – November 13, 2024 AGENDA DISCUSSIONS 11/13/2024-1 MADISON FIRE DEPARTMENT Fire Chief Kyle Wickman joined the Council meeting to provide an update on Emergency Medical Services (EMS) provide by the Fire Department. Chief Wickman noted several letters of congratulation in recognizing stroke victims and noted two recent fire incidents at Drew University. ADVERTISED HEARINGS Ordinances scheduled for hearing tonight were submitted in writing at a Regular meeting of the Mayor and Council held on October 16, 2024 and October 28, 2024, 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 31-2024 ORDINANCE OF THE BOROUGH OF MADISON AMENDING AND SUPPLEMENTING CHAPTER 113 OF THE BOROUGH CODE ENTITLED ‘HOUSING STANDARDS’ REGARDING LEAD-BASED PAINT INSPECTIONS WHEREAS, pursuant to P.L. 2021, c.182, all municipalities are required to inspect every single-family, two-family, and multiple-rental dwelling located within the municipality on a recurring basis and at tenant turnover for lead-based paint hazards; 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 113 of the Borough Code, entitled “Housing Standards” shall hereby be amended and supplemented, as follows, to create the following section: Sec. 113-14 Lead-based paint inspections. a. Required initial inspection. The owner, landlord and/or agent of every single-family, two-family, and/or multiple-dwelling unit offered for rental shall be required to obtain an inspection of the unit for lead-based paint hazards within two years of the effective date of the law, or upon tenant turnover, whichever is earlier. b. Required recurring inspection. After the initial inspection required by Borough Code, the owner, landlord and/or agent of such dwelling unit offered for rental shall be required to obtain an inspection of the unit for lead-based paint hazards every three years, or at tenant turnover, whichever is earlier, except that an inspection upon tenant turnover shall not be required if the owner has a valid lead-safe certification. c. Standards. Inspections for lead-based paint in rental dwelling units shall be governed by the standards set forth in N.J.S.A. 52:27D-437.1 et seq. and N.J.S.A. 55:13A- 1 et seq., as may be amended from time to time. PAGE 5 OF 25 Regular Meeting Minutes – November 13, 2024 Inspections will be done by appropriate Borough personnel and/or representatives or certified private Lead evaluation contractor. d. Exceptions. A dwelling unit in a single-family, two-family or multiple- rental dwelling shall not be subject to inspection and evaluation for the presence of lead-based paint hazards or for the fees for such inspection or evaluation if the unit: (1) Has been certified to be free of lead-based paint; (2) Was constructed during or after 1978; (3) Is in a multiple dwelling that has been registered with the Department of Community Affairs as a multiple-dwelling for at least 10 years either under the current or a previous owner, and has no outstanding lead violations from the most recent cyclical inspection performed on the multiple dwelling under the "Hotel and Multiple Dwelling Law," N.J.S.A. 55:13A-1 et seq.; (4) Is a single-family or two-family seasonal rental dwelling which is rented for less than six months duration each year by tenants that do not have consecutive lease renewals; or (5) Has a valid lead-safe certification issued in accordance with N.J.S.A. 52:27D-437.16(d)(2). e. Remediation. If lead-based paint hazards are identified, then the owner of the dwelling shall remediate the hazards through abatement or lead- based paint hazard control mechanisms in accordance with N.J.S.A. 52:27D-437.16(d). Upon the remediation of the lead-based paint hazard, Borough personnel or designee, as may be applicable, or the owner’s private lead inspector, shall conduct an additional inspection of the unit to certify that the hazard no longer exists. f. Certification. If no lead-based paint hazards are identified, then the Borough personnel or designee or the owner’s private lead inspector shall certify the dwelling as lead-safe on a form prescribed by the Department of Community Affairs, which shall be valid for two years and shall be filed with the Borough Clerk. The appropriate Borough personnel or designee shall maintain up-to-date information on inspection schedules, inspection results, tenant turnover, and a record of all lead- free certifications issued pursuant to N.J.A.C. 5:17. g. Requirements. In accordance with N.J.S.A. 52:27D-437.16(e), property owners shall: (1) Provide evidence of a valid lead-safe certification and the most recent tenant turnover to the Borough of Madison at the time of the cyclical inspection. (2) Provide evidence of a valid lead-safe certification to new tenants of the property at the time of tenant turnover and shall affix a copy of such certification as an exhibit to the tenant’s lease. (3) Maintain a record of the lead-safe certification which shall include the name or names of the unit’s tenant or tenants if the inspection was conducted during a period of tenancy. PAGE 6 OF 25 Regular Meeting Minutes – November 13, 2024 h. Fees. (1) Notwithstanding any other fees due pursuant to Borough Code, a fee in the amount of $425.00 shall be paid for each lead-based paint inspection for all apartments and $550.00 for all single- family and two-family residential houses. Said fee shall be dedicated to meeting the costs of implementing and enforcing this subsection and shall not be used for any other purpose. Alternatively, a dwelling owner or landlord may directly hire a private lead evaluation contractor who is certified to provide lead paint inspection services by the Department of Community Affairs to satisfy all requirements in which case no additional Lead- Based Paint inspection fee shall be paid. (2) The fee for the filing of a lead-safe certification or lead-free certification shall be $25. (3) In a common interest community, any inspection fee charged shall be the responsibility of the unit owner and not the homeowners’ association, unless the association is the owner of the unit. (4) Any charges incurred by the inspector in the course of the inspection and dust testing of the unit shall be the responsibility of the unit owner and not the homeowners’ association unless the association is the owner of the unit. i. Violations and Penalties. In accordance with N.J.S.A. 52:27D-437.19, the penalties for a violation of Article shall be as follows: (1) If a property owner has failed to conduct the required inspection or initiate any remediation efforts, the owner shall be given 30 days to cure the violation. (2) If the property owner has not cured the violation after 30 days, the property owner shall be subject to a penalty not to exceed $1,000 per week until the required inspection has been conducted or remediation efforts have been initiated. SECTION 2: All ordinances or parts of ordinances in conflict or inconsistent with any part of this ordinance are hereby repealed to the extent that they are in such conflict or inconsistent. SECTION 3: This ordinance shall take effect after passage and publication as soon as and in the manner provided by law. SECTION 4: In the event that any section, part or provision of this ordinance shall be held to be unenforceable or invalid by any court, such holding shall not affect the validity of this ordinance as a whole, or any part thereof, other than the part so held unenforceable or invalid. Mayor Conley opened up the public hearing on Ordinance 31-2024. Since no member of the public wished to be heard, the public hearing was closed. PAGE 7 OF 25 Regular Meeting Minutes – November 13, 2024 Mr. Range moved that Ordinance 31-2024, 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: Mr. Landrigan, Mr. Range, Mr. Haralampoudis, Mr. Forte Nays: None Absent: Ms. Ehrlich, Ms. Honohan Mayor Conley declared Ordinance 31-2024 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 32-2024 ORDINANCE OF THE BOROUGH OF MADISON APPROPRIATING $160,000.00 FROM THE GENERAL CAPITAL IMPROVEMENT FUND FOR EMERGENCY REPAIRS TO THE PUBLIC WORKS GARAGE ROOF WHEREAS, the Director of Public Works has recommended that the Borough appropriate $160,000.00 from the General Capital Improvement Fund for emergency repairs to the garage roof and related improvements for the Department of Public Works Garage; and WHEREAS, the Chief Financial Officer has attested to the availability of the funds in the General Capital Improvement Fund in an amount not to exceed $160,000.00 for this purpose; and WHEREAS, the Borough Council has determined that the Borough should appropriate $160,000.00 from the General Capital Improvement Fund for emergency repairs to the garage roof and related improvements for the Department of Public Works Garage. NOW, THEREFORE, BE IT ORDAINED by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, as follows: SECTION 1: The amount of $160,000.00 is hereby appropriated from the General Capital Improvement Fund for emergency repairs to the garage roof and related improvements for the Department of Public Works Garage. SECTION 2: The budget of the Borough is hereby amended to conform with the provisions of this Ordinance. SECTION 3: This Ordinance shall take effect as provided by law. Mayor Conley opened up the public hearing on Ordinance 32-2024. Since no member of the public wished to be heard, the public hearing was closed. Mr. Landrigan moved that Ordinance 32-2024, 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: PAGE 8 OF 25 Regular Meeting Minutes – November 13, 2024 Yeas: Mr. Landrigan, Mr. Range, Mr. Haralampoudis, Mr. Forte Nays: None Absent: Ms. Ehrlich, Ms. Honohan Mayor Conley declared Ordinance 32-2024 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 33-2024 ORDINANCE OF THE BOROUGH OF MADISON ESTABLISHING AN "AUTHORIZED PERSONNEL ONLY" POLICY FOR RESTRICTED AREAS WITHIN THE BOROUGH OF MADISON WHEREAS, the Borough of Madison seeks to maintain safety and security in certain areas of public property and facilities by limiting access to authorized personnel only; and WHEREAS, it has been determined that the public should be restricted from entering certain areas deemed hazardous, sensitive, or restricted in nature in order to protect public safety, ensure the proper functioning of borough operations, and preserve the integrity of borough property; NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Borough of Madison, County of Morris, State of New Jersey, as follows: Section 1. Purpose and Intent The purpose of this ordinance is to establish a policy restricting access to designated areas within the Borough of Madison to authorized personnel only, ensuring the safety, security, and proper functioning of borough operations, and protecting the general public from potential harm. Section 2. Definitions For the purposes of this ordinance, the following definitions shall apply:  Authorized Personnel: Employees, contractors, agents, or other individuals specifically designated by the Borough of Madison to enter restricted areas.  Restricted Area: Any area within the Borough of Madison property or facility that is marked, fenced, or otherwise designated as off-limits to the public and intended for authorized personnel only.  Public: Any person who is not an employee, contractor, or agent of the Borough of Madison and has not been granted permission to enter a restricted area by the appropriate authority. Section 3. Designation of Restricted Areas 1. Identification: Borough departments, including but not limited to public works, parks, court, police, fire, and administrative offices, shall identify areas within their jurisdiction that are to be classified as restricted areas. 2. Signage and Markings: All restricted areas shall be clearly marked with appropriate signage indicating that access is limited to authorized personnel only. The signage shall be posted in a visible manner at all entry points to the restricted area. Section 4. Prohibition on Public Access PAGE 9 OF 25 Regular Meeting Minutes – November 13, 2024 1. No Public Entry: No member of the public shall enter any restricted area within the Borough of Madison unless granted express permission by an authorized borough official or employee. 2. Violations: Any person found in violation of this ordinance by entering a restricted area without proper authorization shall be subject to penalties as provided in Section 6 of this ordinance. Section 5. Exemptions The following individuals and circumstances are exempt from the restrictions of this ordinance: 1. Emergency Responders: Police officers, firefighters, medical personnel, and other emergency responders acting in the course of their duties. 2. Special Permissions: Individuals who have received prior approval or a permit from the Borough of Madison to access restricted areas for specific purposes, such as contractors, vendors, or inspectors. Section 6. Enforcement and Penalties 1. Enforcement: This ordinance shall be enforced by the Madison Police Department, Borough employees designated as security personnel, and other appropriate borough officials. 2. Penalties: Any person who violates the provisions of this ordinance shall, upon conviction, be subject to a fine of up to $75.00 for the first offense and up to $250.00 for each subsequent offense. Section 7. Severability If any provision of this ordinance, or the application of any provision to any person or circumstance, is held invalid, the remainder of this ordinance shall not be affected and shall remain in full force and effect. Section 8. Effective Date This ordinance shall take effect upon final adoption and publication in accordance with the law. Section 9. Repealer All ordinances or parts of ordinances inconsistent with the provisions of this ordinance are hereby repealed to the extent of such inconsistency. Mayor Conley opened up the public hearing on Ordinance 33-2024. Since no member of the public wished to be heard, the public hearing was closed. Mr. Range moved that Ordinance 33-2024, 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: Mr. Landrigan, Mr. Range, Mr. Haralampoudis, Mr. Forte Nays: None Absent: Ms. Ehrlich, Ms. Honohan Mayor Conley declared Ordinance 33-2024 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 PAGE 10 OF 25 Regular Meeting Minutes – November 13, 2024 of voice, for the record. He/she shall limit his/her statement to three (3) minutes or less. Stuart Sydenstricker; Ridgedale Avenue, raised concern regarding possible federal government mass deportations and asked that the Mayor and Council support pending State Immigration Trust Act legislation. Claire Whitcomb; Fairwood Road, offered a huge thanks to the Mayor and Council and Borough Administration for their efforts to save the Drew Forest. 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 December 9, 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 34-2024 ORDINANCE OF THE BOROUGH OF MADISON ESTABLISHING CHAPTER 145-13(H) OF THE BOROUGH CODE ENTITLED “PRIVATE OWNED SALT STORAGE” WHEREAS, the State of New Jersey, Department of Environmental Protection, effective as of December 01, 2022, had revised and readopted the “Tier A Municipal Stormwater General Permit, NJPDES: NJ0141852 (MS4 General Permit), in accordance with N.J.A.C. 7:14A and the Borough of Madison, County of Morris has been designated as a Tier A municipality; and WHEREAS, the MS4 General Permit makes necessary the adoption or amendment of various municipal ordinances to incorporate environmental protections related to stormwater quality and that the NJDEP has provided the mandatory language needed for said protections; and WHEREAS, the following environmental protections are appropriately incorporated into a new Borough Code 145-13(H), “PRIVATELY OWNED SALE STORAGE” to establish the required regulation for Privately Owned Salt Storage. NOW, THEREFORE, BE IT ORDAINED by the Borough Council of the Borough of Madison, County of Morris that Chapter “Privately Owned Salt Storage” is hereby established as required by State of New Jersey, Department PAGE 11 OF 25 Regular Meeting Minutes – November 13, 2024 of Environmental Protection, Tier A Municipal Stormwater General Permit as follows: CHAPTER 145-13(H) Privately Owned Salt Storage Purpose: The purpose of this chapter is to prevent stored salt and other solid de- icing materials from being exposed to stormwater. Definitions: For the purpose of this ordinance, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this Chapter clearly demonstrates a different meaning. When consistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word “shall” is always mandatory and not merely directory. “De-icing materials” means any granular or solid material such as melting salt or any other granular solid that assists in the melting of snow. “Impervious surface” means a surface that has been covered with a layer of material so that it is highly resistant to infiltration by water. “Storm drain inlet” means the point of entry into the storm sewer system. Mr. Landrigan moved that Ordinance 34-2024, 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: Mr. Landrigan, Mr. Range, Mr. Haralampoudis, Mr. Forte Nays: None Absent: Ms. Ehrlich, Ms. Honohan ORDINANCE 35-2024 ORDINANCE OF THE BOROUGH OF MADISON AUTHORIZING THE ACQUISITION OF A SUBDIVIDED PORTION OF REAL PROPERTY, LOCATED AT 36 MADISON AVENUE, MADISON, N.J. AND CURRENTLY IDENTIFIED AS BLOCK 3001, LOT 1, FOR PUBLIC PURPOSES WHEREAS, pursuant to a Term Sheet dated November 5, 2024 in furtherance of an eventual settlement of litigation known as In the Matter of the Application of the Borough of Madison, Superior Court of New Jersey, docket no. MRS-L-1694-15 (the “Litigation”), Drew University has agreed in principle to sell to the Borough of Madison several discrete parcels to be subdivided from its campus located at 36 Madison Avenue, Madison, N.J. 07940, currently identified as Block 3001, Lot 1 on the Borough’s official Tax Map; and WHEREAS, Parcel A consists of approximately 39.6 acres and is also known as the Drew Forest and is bounded by Loantaka Way to the east, Glenwild PAGE 12 OF 25 Regular Meeting Minutes – November 13, 2024 Road to the south, Green Village Road to the east and the campus interior to the north; and WHEREAS, Parcel D consists of approximately 7.7 acres and is also known as Zuck Arboretum currently used by the University for passive recreational and educational uses; and WHEREAS, Parcel E consists of a parcel of land on which sits the Madison House and three (3) acres of frontage on Madison Avenue; and WHEREAS, the purchase price of Parcels A, D and E is to be funded by Borough resources together with federal, state and county grant awards, the receipt of which is a contingency to the purchase; and WHEREAS, Borough officials have determined that the purchase of Parcels A, D and E in furtherance of settlement of the Litigation and preservation of the Drew Forest and open space is advantageous to the Borough and in the public interest. NOW, THEREFORE, BE IT ORDAINED by the Borough Council of the Borough of Madison, in the County of Morris and State of New Jersey, as follows: SECTION 1: The Borough of Madison, pursuant to the Local Lands and Buildings Law, specifically N.J.S.A. 40A:12-5 is authorized to acquire title to a subdivided portion of the property located at 36 Madison Avenue, Madison, N.J. and currently designated as Block 3001, Lot 1 on the Tax Map of the Borough of Madison for the purpose of preserving the Drew Forest, increasing open space, preserving the historic Madison House and other ancillary municipal purposes subject to (a) execution of a binding Settlement Agreement for the Litigation; (b) execution of a binding Purchase Agreement for Parcels A, D & E and (c) receipt of the above referenced federal, state and county grants. SECTION 2: The Borough Administrator, Mayor, Borough Clerk, Special Counsel and Borough Attorney be and they are authorized and directed to execute all documents necessary to effectuate this transfer in substantially the same form as described in the executed Term Sheet. SECTION 3: If any section, sentence or other part of this Ordinance is adjudged unconstitutional or invalid, such judgement shall not affect, impair or invalidate the reminder of this Ordinance, but shall be confined in its effect to the section, portion or other part of this Ordinance directly involved in the controversy in which such judgement shall be rendered. PAGE 13 OF 25 Regular Meeting Minutes – November 13, 2024 SECTION 4: All ordinances, or parts thereof, which are inconsistent with the provisions of this ordinance are hereby repealed, but only to the extent of such inconsistencies. SECTION 5: This ordinance shall take effect immediately upon final passage and publication according to law. Mr. Range moved that Ordinance 35-2024, which the Borough Clerk read by title, be adopted. Mr. Landrigan seconded the motion. There was no Council discussion, and the motion passed with the following roll call vote recorded: Yeas: Mr. Landrigan, Mr. Range, Mr. Haralampoudis, Mr. Forte Nays: None Absent: Ms. Ehrlich, Ms. Honohan 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. Mr. Landrigan seconded the motion. There was no Council discussion and the motion passed with the following roll call vote recorded: Yeas: Mr. Landrigan, Mr. Range, Mr. Haralampoudis, Mr. Forte Nays: None Absent: Ms. Ehrlich, Ms. Honohan R 304-2024 RESOLUTION OF THE BOROUGH OF MADISON APPROVING PROPERTY TAX EXEMPTION STATUS FOR TAX BLOCK 3901, LOT 45 EFFECTIVE JANUARY 1, 2025 FOR WARTIME SERVICE-CONNECTED DISABILITY WHEREAS, the owner of Tax Block 3901, Lot 45 of the taxing district of the Borough of Madison is a citizen and resident of the State of New Jersey, who served in the United States military in time of war; and WHEREAS, the owner of Tax Block 3901, Lot 45 of the taxing district of the Borough of Madison has been honorably discharged from the United States military and has been found by the United States Department of Veterans Affairs to have a 100% service-connected, permanent disability; and WHEREAS, N.J.S.A. 54:4-3.30 provides that the dwelling house of any citizen of this State, who is honorably discharged from active military service in time of war and is declared to be 100% permanently disabled by the United States PAGE 14 OF 25 Regular Meeting Minutes – November 13, 2024 Veterans Administration or its successor, shall be exempt from property taxation; and WHEREAS, the Borough Tax Assessor has determined that the property owner is eligible for the tax exemption beginning October 25, 2024, pursuant to N.J.S.A. 54:4-3.30. NOW, THEREFORE, BE IT RESOLVED, by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, that Tax Block 3901, Lot 45 shall be exempt from property taxation because the owner of the property is a disabled veteran who satisfies the requirements of N.J.S.A. 54:4-3.30. R 305-2024 RESOLUTION OF THE BOROUGH OF MADISON ACCEPTING THE IRREVOCABLE RETIREMENT OF ADMINISTRATIVE OFFICIAL FRANCIS BOARDMAN, EFFECTIVE DECEMBER 1, 2024 WHEREAS, Francis Boardman, Administrative Official in the Engineering and Land Use Departments for the Borough of Madison, has advised the Borough in writing of her irrevocable retirement on December 1, 2024. NOW, THEREFORE, BE IT RESOLVED by the Council of the Borough of Madison in the County of Morris and State of New Jersey, that the irrevocable retirement of Francis Boardman as Administrative Official in Engineering and Land Use, is hereby acknowledged and accepted with appreciation for his many years of public service. R 306-2024 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING EXECUTION OF DOCUMENTS REGARDING PURCHASE OF THE DREW FOREST WHEREAS, the Borough of Madison and Drew University have been engaged in protracted negotiations regarding the purchase and preservation of the Drew Forest, three (3) acres of open space frontage on Madison Avenue and Madison House; and WHEREAS, multiple documents will need to be drafted and executed including, but not limited to a Term Sheet, Non-Disclosure Agreement, Financial Agreement, Redevelopment Agreement, Settlement Agreement, Memorandum of Understanding with the N.J. Department of Community Affairs and miscellaneous other documents to implement the above referenced transactions. 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 Mayor Robert H. Conley’s November 5, 2024 execution of the Term Sheet is hereby PAGE 15 OF 25 Regular Meeting Minutes – November 13, 2024 retroactively re-authorized and re-confirmed and the Mayor is authorized and directed on behalf of the Borough to execute any and all other documents approved by the Borough’s Special Legal Counsel required for the settlement of litigation with Drew University including the purchase of the Drew Forest, Madison House and three acres of open space along Madison Avenue. R 307-2024 RESOLUTION OF THE BOROUGH OF MADISON DESIGNATING MICHAEL PELLESSIER AS MUNICIPAL HOUSING LIAISON WHEREAS, the Borough of Madison and Drew University have been engaged in protracted negotiations regarding the purchase and preservation of the Drew Forest, three (3) acres of open space frontage on Madison Avenue and Madison House; and WHEREAS, multiple documents will need to be drafted and executed including, but not limited to a Term Sheet, Non-Disclosure Agreement, Financial Agreement, Redevelopment Agreement, Settlement Agreement, Memorandum of Understanding with the N.J. Department of Community Affairs and miscellaneous other documents to implement the above referenced transactions. 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 Mayor Robert H. Conley’s November 5, 2024 execution of the Term Sheet is hereby retroactively re-authorized and re-confirmed and the Mayor is authorized and directed on behalf of the Borough to execute any and all other documents approved by the Borough’s Special Legal Counsel required for the settlement of litigation with Drew University including the purchase of the Drew Forest, Madison House and three acres of open space along Madison Avenue. R 308-2024 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING RENEWAL OF A RENTAL AGREEMENT FOR USE OF A PORTION OF THE PUBLIC SAFETY COMPLEX BY THE AMERICAN AUTOMOBILE ASSOCIATION (AAA) FOR DEFENSIVE DRIVING INSTRUCTION WHEREAS, the Qualified Purchasing Agent has recommended that the Borough Council authorize renewal of the rental agreement for the use of a portion of the Public Safety Complex for use by the American Automobile Association (AAA) for defensive driving instruction; and WHEREAS, the Borough Administrator recommends that the Council approve this request. PAGE 16 OF 25 Regular Meeting Minutes – November 13, 2024 NOW, THEREFORE, BE IT RESOLVED, by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, that the Administrator is hereby authorized to execute an addendum to renew an agreement for the American Automobile Association (AAA) to use a portion of the Public Safety Complex for defensive driving instruction. R 309-2024 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 will receive $5,845.00 from the County of Morris as a Municipal Alliance grant GCSUD. 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 under the caption of: Miscellaneous Revenues Special Items of General Revenue Anticipated with Prior Written Consent of the Director of Local Government Services, State and Federal Revenues Off-Set with Appropriations………………………………………………………….……..…$5,845.00, and BE IT FURTHER RESOLVED that the sum of……………………...$5,845.00 is hereby appropriated under the caption of: General Appropriations, (a) Operation Excluded from 3.5% Caps, State and Federal programs Off-set by Revenues: MAASA Grant BE IT FURTHER RESOLVED that the Borough Clerk forward two copies of this resolution to the Director of Local Government Services. R 310-2024 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 PAGE 17 OF 25 Regular Meeting Minutes – November 13, 2024 WHEREAS, said Director may also approve the insertion of any item of appropriation for equal amount; and WHEREAS, the Borough of Madison will receive $2,000.00 from the County of Morris as a Municipal Alliance grant CASS. 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 under the caption of: Miscellaneous Revenues Special Items of General Revenue Anticipated with Prior Written Consent of the Director of Local Government Services, State and Federal Revenues Off-Set with Appropriations………………………………………………………….……..…$2,000.00, and BE IT FURTHER RESOLVED that the sum of……………….…... $2,000.00 is hereby appropriated under the caption of: General Appropriations, (a) Operation Excluded from 3.5% Caps, State and Federal programs Off-set by Revenues: MAASA Grant BE IT FURTHER RESOLVED that the Borough Clerk forward two copies of this resolution to the Director of Local Government Services. R 311-2024 RESOLUTION OF THE BOROUGH OF MADISON APPOINTING LUCIANN COOKE TO THE POSITION OF SKI PROGRAM ASSISTANT SUPERVISOR BE IT RESOLVED, by the Council of the Borough of Madison, County of Morris, State of New Jersey that Luciann Cooke is hereby appointed to the part-time position of Ski Program Assistant Supervisor, effective January 1, 2025, at the rate of $30.00 per hour, with no benefits. R 312-2024 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING CLOSURE OF THE PROSPECT STREET PARKING LOT AND PROSPECT AND MAIN STREETS FOR THE ANNUAL HOLIDAY PARADE AND TREE LIGHTING WHEREAS, the Madison Christmas Committee has requested permission to hold the annual Christmas Parade and Tree Lighting on Friday, November 29, 2024; and WHEREAS, the parade will begin at 5:30 p.m., and proceed on a route approved by the Madison Borough Police Chief, said route beginning at Prospect Street to Main Street and finishing at Green Village Road; and WHEREAS, the Police Chief recommends approval of this request. NOW, THEREFORE, BE IT RESOLVED, by the Council of the Borough of Madison, in the County of Morris, and State of New Jersey, that the request of the PAGE 18 OF 25 Regular Meeting Minutes – November 13, 2024 Madison Christmas Committee to hold their annual parade and tree lighting in Madison on Friday, November 29, 2024, as described herein is hereby approved, subject to any safety requirements that are imposed by the Madison Police Department. R 313-2024 RESOLUTION OF THE BOROUGH OF MADISON APPOINTING FIRST CLASS LINEMAN KEVIN FRENCH TO THE POSITION OF CHIEF LINEMAN WHEREAS, Chief Lineman Vince Patti was promoted to the position of Electric Utility Superintendent creating a vacancy in the Chief Lineman position; and WHEREAS, the Electric Utility Superintendent and the Personnel Director have recommended promoting First Class Lineman Kevin French for the position of Chief Lineman in the Electric Utility Department; and WHEREAS, the Borough Council agrees with this recommendation. NOW, THEREFORE, BE IT RESOLVED by the Council of the Borough of Madison, County of Morris, State of New Jersey, that First Class Lineman Kevin French is hereby appointed to the position of Chief Lineman in the Electric Utility Department, effective immediately, to be compensated in accordance with the current Collective Bargaining Agreement for Electric Utility Department Employees. R 314-2024 RESOLUTION OF THE MADISON BOROUGH COUNCIL AWARDING SOLID WASTE COLLECTION AND DISPOSAL CONTRACT TO SUBURBAN DISPOSAL, INC. FOR THREE YEARS WHEREAS, the Borough of Madison publicly advertised for bids for solid waste collection and disposal (the “Contract”) in accordance with the Local Public Contracts Law, N.J.S.A. 40A:11-1, et seq.; and WHEREAS, the only bid was submitted by Suburban Disposal, Inc. in the amount of $1,670,000.00 for three years; and WHEREAS, the Qualified Purchasing Agent has recommended that the Borough Council award the contract to Suburban Disposal, Inc. in the amount of $1,670,000.00 for three years; and WHEREAS, the Chief Financial Officer/Assistant Borough Administrator has attested that funds will be available in an amount not to exceed $1,670,000.00 for this purpose, contingent upon funding therefore in the 2025, 2026, and 2027 municipal budgets. NOW, THEREFORE, BE IT RESOLVED by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, as follows: PAGE 19 OF 25 Regular Meeting Minutes – November 13, 2024 1. The contract for solid waste collection and disposal is hereby awarded to Suburban Disposal, Inc. based upon its bid in the amount of $1,670,000.00 for three years, contingent upon adequate funding therefor being available in the municipal budget for each year of the contract. 2. The Mayor and Borough Clerk are hereby authorized and directed on behalf of the Borough to enter into the contract with Suburban Disposal, Inc. in a form acceptable to the Borough Attorney. R 315-2024 RESOLUTION OF THE MADISON BOROUGH COUNCIL AWARDING CONTRACT FOR COLLECTION AND HAULING OF DESIGNATED RECYCLABLE MATERIAL TO SUBURBAN DISPOSAL IN AN AMOUNT NOT TO EXCEED $1,279,000.00 WHEREAS, the Borough of Madison publicly advertised for bids for Collection and Hauling of Designated Recyclable Material in accordance with the Local Public Contracts Law, N.J.S.A. 40A:11-1, et seq.; and WHEREAS, the Borough received one bid; and WHEREAS, the qualified bid was received from Suburban Disposal, of Fairfield, New Jersey; and WHEREAS, the Qualified Purchasing Agent has recommended that the Borough Council award a contract to Suburban Disposal, for Collection and Hauling of Designated Recyclable Material in an amount not to exceed $1,279,000.00 for a three year contract; and WHEREAS, this contract is expressly contingent upon $415,000.00 being available in the 2025 municipal budget, $426,000.00 being available in the 2026 municipal budget and, $438,000.00 being available in the 2027 municipal budget. NOW, THEREFORE, BE IT RESOLVED by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, as follows: 1. A three year contract (January 1, 2025 to December 31, 2027) for the Collection and Hauling of Designated Recyclable Material is hereby awarded to Suburban Disposal, in an amount not to exceed $1,279,000.00. 2. The Mayor and Borough Clerk are hereby authorized and directed on behalf of the Borough to enter into a contract with Suburban Disposal, in a form acceptable to the Borough Attorney. PAGE 20 OF 25 Regular Meeting Minutes – November 13, 2024 R 316-2024 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING CONTRACT IN THE AMOUNT OF $140,000.00 WITH DAJON ASSOCIATES, INC. FOR DPW GARAGE TRUSS REPAIRS ON AN EMERGENCY BASIS WHEREAS, the Director of Public Works has previously advised the Council that the DPW Roof required emergency repair in order to protect the health and welfare of the public; and WHEREAS, up to $225,000.00 is required to repair the Department of Public Works Truss repairs on an emergency basis, pursuant to N.J.S.A 40A:11-6, and WHEREAS, the Director of Public Works engaged the services of Dajon Associates, Inc., to perform the emergency work; and WHEREAS, the Borough Engineer has requested that the Borough authorize payment to Dajon Associates, Inc. in the amount up to $225,000.00 for such work which payment is authorized pursuant to N.J.S.A 40A:11-6(b); and WHEREAS, the Borough Council has determined to authorize payment up to $225,000.00 for the emergency services; and WHEREAS, the Chief Financial Officer has attested that funds are available in the amount of $225,000 for this purpose in Ordinance 32-2024. NOW, THEREFORE, BE IT RESOLVED by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, that payment up to $225,000.00 is authorized to be made to Dajon Associates, Inc. for the emergency services performed as described herein. R 317-2024 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 Raffles License, to be held as listed below, be and the same is hereby approved: SAINT VINCENT MARTYR CHURCH I.D. No. 274-1-812 R.A. No. 1596 – On-Premise 50/50 Date of Raffle – December 14, 2024 PAGE 21 OF 25 Regular Meeting Minutes – November 13, 2024 R 318-2024 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING 2024 BUDGET TRANSFERS WHEREAS, a transfer of funds for the Police Department Other Maintenance, Fire Department Overtime, Vehicle Maintenance, First Aid & Ambulance-PT Salaries and Finance Department Overtime is necessary to cover expenditures; and WHEREAS, the Mayor and Council have determined that a transfer of funds for 2024 Police Department Other Maintenance, Fire Department Overtime, Vehicle Maintenance, First Aid & Ambulance-PT Salaries and Finance Department Overtime are necessary to cover expenditures; and WHEREAS, N.J.S.A. 40A:4-58 provides for transfer of appropriations with an excess over and above the amount deemed necessary to fulfill their purposes to those appropriations deemed to be insufficient; and WHEREAS, the appropriations subject to fund transfers hereby are not within those restricted by N.J.S.A. 40A:4-58 for transfer purposes. NOW, THEREFORE, BE IT RESOLVED, by an affirmative vote of the members of the Council of the Borough of Madison, in the County of Morris, New Jersey, that the Chief Financial Officer is hereby authorized to make the following transfer between appropriation accounts of the 2024 Municipal Budget as follows: Department Requesting Amount Department Supplying Amount Reason for Request Transfer in Requested Funds Transferred “Police Department Other Unanticipated maintenance “Fuel” 460-421 $65,000 Maintenance” 240-214, $95,000 fees for Radio System FCOA 31-430-2 FCOA 25-240-2 “Natural Gas” 446-521 $30,000 FCOA 31-435-2 “Fire Department Overtime” Training, staff coverage, “General Liability 265-120, $25,000 various storms, events and Insurance” 210-514 $30,000 FCOA 25-265-1 emergencies FCOA 23-210-2 “Vehicle Maintenance – Fire The Ladder Truck has had a “Electricity” 430-519 Dept” 317-211 $35,000 number of unanticipated FCOA 31-435-2 $35,000 mechanical issues PAGE 22 OF 25 Regular Meeting Minutes – November 13, 2024 “First Aid & Ambulance – Fees to Company that “First Aid Ambulance – Operations” 241-216, $35,000 processes insurance collections PT Salaries” 241-130 $35,000 FCOA 25-261-1 FCOA 20-130-2 “Elections” 103-429 $2,500 County charging more for “Electricity” 430-519 $2,500 FCOA 20-120-2 printing of materials FCOA 31-435-2 “Finance Department Authorized overtime during “General Liability Overtime” 130-120, $1,000 staff transition Insurance” 210-514 $1,000 FCOA 20-130-2 FCOA 23-210-2 R 319-2024 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING EAGLE SCOUT PROJECT AT THE MADISON RECREATION COMPLEX R 320-2024 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING USE OF A COMPETITIVE CONTRACTING PROCESS FOR LEAD-BASED PAINT INSPECTION SERVICES WHEREAS, Benjamin Engel, a member of Boy Scout of America Troop 25 located in Madison, has offered to make and install information signs and a boardwalk at the Madison Recreation Complex in support of his Eagle Scout project; and WHEREAS, the Council wishes to approve such request. NOW, THEREFORE, BE IT RESOLVED, by the Council of the Borough of Madison in the County of Morris in the State of New Jersey that the informational signs and boardwalk at the Madison Recreation Complex as described herein by Benjamin Engel is hereby approved, subject to any safety requirements of the Madison Director of Public Works and any other governmental approvals. R 320-2024 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING USE OF A COMPETITIVE CONTRACTING PROCESS FOR LEAD-BASED PAINT INSPECTION SERVICES WHEREAS, P.L. 2021, Chapter 182 requires certain residential dwellings built prior to 1978 to be inspected for lead-based paint; and, WHEREAS, the Borough of Madison wishes to solicit proposals for Lead- Based Paint Inspection Services; and, WHEREAS, Local Public Contracts Law allows a procedure called Competitive Contracting to be used to procure certain services that warrant a qualitative evaluation of specialized goods or service providers to determine the provider that has the most advantageous proposal , price and other factors considered; and, PAGE 23 OF 25 Regular Meeting Minutes – November 13, 2024 WHEREAS, N.J.S.A. 40A:11-4.3(a) requires that in order to use competitive contracting for the first time for a specified purpose, the governing body shall pass a resolution authorizing the use of competitive contracting for such purpose; and, WHEREAS, the Council of the Borough of Madison has considered the benefits and risks and has determined that the procurement of Lead-Based Paint Inspection Services through the Competitive Contracting process is in the best interest of the Borough of Madison; and, WHEREAS, the use of competitive contracting for concessions is authorized pursuant to N.J.S.A. 40A:11-4.1(j); and, WHEREAS, the Borough attorney has opined that this service is a concession in accordance with N.J.A.C. 5:34-9.4(d)(1); and, WHEREAS, the anticipated revenues of the awarded contractor may exceed the bid threshold during the term of the contract; and, WHEREAS, the Borough of Madison will not incur any costs for this program; and, WHEREAS, the awarded contractor will be authorized to create and implement a lead-based paint inspection program on behalf of 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 the Borough’s Qualified Purchasing Agent is authorized to initiate the competitive contracting process for the solicitation of proposals for Lead-Based Paint Inspection Services is in accordance with N.J.S.A. 40A:11-4.5. R 321-2024 RESOLUTION OF THE BOROUGH OF MADISON APPROVING CONFINED SPACE RESCUE AGREEMENT WITH BERKELEY HEIGHTS TOWNSHIP WHEREAS, the Borough Administrator has recommended that the Borough enter into an agreement with the Township of Berkeley Heights to provide Confined Space Rescue Services to Berkeley Heights Township at a cost of $10,000.00 per year plus any costs incurred for each time the Borough Fire Department is called; and WHEREAS, the Borough Council has determined that the execution of said Agreement on behalf of the Borough should be authorized and approved. NOW, THEREFORE BE IT RESOLVED, by the Council of the Borough of Madison in the County of Morris and State of New Jersey that the Mayor and Borough Clerk are hereby authorized and directed on behalf of the Borough to PAGE 24 OF 25 Regular Meeting Minutes – November 13, 2024 execute an Agreement with Berkeley Heights Township to provide Confined Space Rescue Services to Berkeley Heights Township at a cost of $10,000.00 per year plus any costs incurred for each 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 $202,368.51 General Capital Fund 479,843.80 Electric Operating Fund 144,475.74 Electric Capital Fund 110,734.00 Water Operating Fund 8,762.03 Water Capital Fund 0.00 Trusts 657,749.30 Total $1,603,933.30 The following roll call vote was recorded approving the aforementioned vouchers: Yeas: Mr. Landrigan, Mr. Range, Mr. Haralampoudis, Mr. Forte Nays: None Absent: Ms. Ehrlich, Ms. Honohan NEW BUSINESS - None ADJOURN There being no further business to come before the Council, the meeting was adjourned at 9:20 p.m. Respectfully submitted, Elizabeth Osborne Borough Clerk Approved January 13, 2025 (EO) PAGE 25 OF 25