Mayor & Council

MINUTES OF A REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF MADISON December 9, 2024 - 7 p.m. CALL TO ORDER The Regular Meeting of the Mayor and Council of the Borough of Madison was held on the 9th day of December, 2024. Mayor Conley called the meeting to order at 7:00 p.m., in the Committee Room of the Hartley Dodge Memorial, Kings Road, in the Borough of Madison. STATEMENT IN COMPLIANCE WITH THE OPEN PUBLIC MEETINGS ACT The Borough Clerk read the statement pursuant to the Open Public Meetings Act: “In compliance with the Open Public Meetings Act, adequate notice of this meeting of the Council was provided by transmitting a copy of the meeting notice to the Madison Eagle and Morris County Daily Record, posting a copy on the bulletin board at the main entrance of the Hartley Dodge Memorial, and filing a copy in the office of the Clerk, all on January 12, 2024. This Notice was made available to members of the general public.” ROLL CALL The Borough Clerk called the roll and the following acknowledged their presence: Mayor Robert H. Conley Council Members: Rachael Ehrlich Robert Landrigan Eric P. Range Thomas Haralampoudis Melissa Honohan John J. Forte Also Present: Raymond M. Codey, Borough Administrator James E. Burnet, Assistant Borough Administrator Elizabeth Osborne, Borough Clerk Marina Stinely, Esq. for Matthew J. Giacobbe, Esq. Borough Attorney AGENDA REVIEW There was approval of the Regular and Executive Agenda. READING OF CLOSED SESSION RESOLUTION Mr. Range moved: RESOLVED, that the meeting be adjourned to an Executive Session to consider the following matters: MINUTES FOR APPROVAL (1) None Date of public disclosure 60 days after conclusion, if disclosure required. PERSONNEL MATTERS (1) SALARY ADJUSTMENTS Date of public disclosure 90 days after conclusion, if disclosure required. Regular Meeting Minutes – December 9, 2024 CONTRACT MATTERS (2) YARD WASTE COLLECTION AND DISPOSAL GIRALDA #1 Date of public disclosure 60 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: Ms. Honohan 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 residents James J. Boehmer and Janet P. Baker. APPROVAL OF MINUTES Mr. Range moved approval of the Special Meeting Minutes of December 2, 2024. Ms. Ehrlich seconded the motion, which passed with a unanimous voice call vote recorded. GREETINGS TO PUBLIC Mayor Conley made the following comments: Mayor Conley noted that the annual Reorganization meeting of the Borough Council will take place on Thursday, January 2, 2025, at 3:00 p.m. Employee of the Month for December 2024 is Utility Serviceman Jim Trimble for his efforts with special Borough projects, including taking the lead with the water meter replacement project. Friends of the Drew Forest Holiday Song Member of the Friends of the Drew Forest sang the tune Holly Jolly Forest for the Forest we need to save. Mayor Conley thanked the members for the song and all their efforts to save the forest. REPORTS OF COMMITTEES Public Safety Mr. Range, Chair of the Committee, made the following comments: The Madison Police Department Community Relations Unit, along with other members of Madison Police Department, took part in Thanksgiving Outreach with St. Vincent’s Martyr Church on November 25th. The officers took receipt of over 35 Thanksgiving dinners and delivered them to residents of the Madison Housing Authority. The police department has been participating in this program for many years in which they deliver food to families during the holidays. On Tuesday December 3rd, members of the department gathered at the 2024 AAA Community Traffic Safety Program Luncheon that was held in Hawthorne, NJ. Captain Longo was awarded an AAA Traffic Safety Hero Award for his work with Complete Streets initiative to improve roadway safety in town. Further, the Madison Police Department PAGE 2 OF 22 Regular Meeting Minutes – December 9, 2024 was also recognized for our continued effort to address traffic safety efforts by AAA. Congrats to all involved. Congratulations Cpl. Joseph DiRocco for being awarded the 2024 Chief Vincent D. Chirico – Madison Police Department Officer of the Year. All members of the department vote on a fellow officer for the recipient of this prestigious award. Cpl. DiRocco is currently assigned to the Traffic Safety Unit. The award is handed out each year on Main Street and Waverly Place following the annual Christmas Parade. Finance and Borough Clerk Ms. Ehrlich, Chair of the Committee, made the following comments: The Finance Department announces that 2024 purchasing is now closed, giving the staff time to finish processing 2024 and prepare for 2025. The 2025 5-year Capital Budget is posted on the Borough’s website. A presentation will be held this evening on Open Space funding and electric capacity costs. Every utility is experiencing cost increases. The Borough will not recommend a rate increase this year. The Strategic Planning Guidelines will keep rates flat. Public Works and Engineering Mr. Landrigan, Chair of the Committee, made the following comments: As of December 4th, yard waste collection by outside contractor has ended for the year. DPW crews continue to collect leaves throughout the Borough. Please get them out as soon as possible as last day for pick-ups will be December 20th. Pumpkins can be recycled at the DPW Garage. They can be dropped off until December 13th in the truck marked pumpkin recycling. Christmas trees can be put out on the curb for pick up by the DPW beginning on December 26, 2024, and continue through January 31, 2025. Residents can also bring their Christmas trees and yard waste to the Recycling Center on Saturday, January 4th, and Saturday, February 1st, from 8:00 a.m. to 2:30 p.m. Utilities Mr. Haralampoudis, Chair of the Committee, made the following comments: On November 26th electric crews finished the decorations in time for this year’s parade. On November 27th the department started prep work for the car charging stations at the Police and Fire Complex. On November 28th the crew was dispatched for an alarm at James Park substation. On November 29th crews were dispatched to Brittin and Howell to assist in a low hanging wire. On the evening of November 29th, the standby crew assisted in the annual Christmas parade and tree lighting. On December 1st crews were dispatched to Well-D for a main breaker trip. The week of December 2nd crews are working at the Kings Road substation on relays, starting the wiring of the Cook Ave lighting posts, and trench and pipe work for the charging stations at Police and Fire Complex. On December 3rd the Electric Department poured concrete over pipe near transformer for added pipe protection at Police and Fire complex. On December 4th the Electric Department started to install the post lights in Cook Ave parking lot On December 8th stand-by was called out to 2 Harwood Drive for an emergency mark out for PSE&G The Electric Department continues doing mark outs and repairing street lights. Community Affairs Ms. Honohan, Chair of the Committee, made the following comments: Saturday, December 14th, is the last day of the 2024 Madison Farm & Artisan Market season. The next regular meeting of the Downtown Development Commission will be held on December 12th at 7:15 pm in the 2nd Floor Committee Room in the Hartley Dodge Memorial Building. The public is invited to attend. Secret PAGE 3 OF 22 Regular Meeting Minutes – December 9, 2024 Santa has returned to Madison, NJ, again this holiday season! Shop in Madison, NJ, on four consecutive Saturdays from November 30th through December 21st, between 12:00 and 3:00 pm, and you may be randomly approached by a special "Secret Santa" and awarded a Madison Gift Check for $25, $50, or $100. One gift check for each denomination will be handed out to lucky winners each Saturday. The Search for Rosie the Rose City Reindeer began Friday, November 29, and will end Saturday, December 14th. The winners will be announced live on the ILoveMadisonNJ Facebook page on Monday, December 16th, at 4 p.m. Madison Gift Checks are available in any denomination all year round at Citizens Bank, 134 Main Street. Madison Gift Checks can be redeemed at dozens of Madison businesses and is a perfect gift for anyone on your list. Rose City Chocolate Walk is scheduled for Saturday, February 8th. The Taste of Madison 2025 is scheduled for Monday, February 24th, at 6 pm at the Madison Hotel. Information regarding ticket sales will be released shortly. Health Mr. Forte, Chair of the Committee, made the following comments: The annual Health Department rabies clinic was held on Saturday, December 7, 2024. Sixty-seven animals were vaccinated. A reminder, that all animals must be licensed. The Health Department notes that Respiratory Syncytial Virus (RSV) is increasing and vaccines are available to residents. More Information is available on the roasenet.org website. COMMUNICATIONS AND PETITIONS The Borough Clerk announced receipt of the following communications: Email dated December 9, 2024 from Ron and Ginny Gunn, Fairview Avenue, opposing Resolution 337-2024, supporting the Immigration Trust Fund Act. 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. Marijane Lundt; Highview Terrace, express gratitude toward the Council for considering Resolution 337-2025, calling upon the State Legislature to pass the Immigration Trust Act (ITA). John Deau; Hillcrest Road, suggested that there is not yet enough information to support the ITA, noting law enforcement is already taxed enough. Mary Wilson; Sherwood Road, noted she is not in favor of endorsing the Immigration Trust Act, and asked why Madison would agree to this law. Christine Boyle; Buckingham Road, offered support for Resolution 337-2024, noting she is glad Madison will set an example for other towns Michael Martinez; Independence Court, suggested revising the language in the proposed ITA resolution. PAGE 4 OF 22 Regular Meeting Minutes – December 9, 2024 Alix Jennings; Edgewood Road, noted that immigrants are our neighbors and friends, and deserves our support. Aleysa Collazos; Main Street, noted she move here nine years ago and pays taxes, contributes to the towns and to the country. Andrea Zuluaga/ Summit Avenue, asked for Mayor and Council support regarding the Immigration Trust Act. Mayor Conley noted that the proposed resolution does not change how Madison does business and that immigrants are human beings that have left their homes, and fill many jobs in our area. They deserve our support. Since no member of the public wished to be heard, the invitation for discussion was closed. AGENDA DISCUSSIONS 12/09/2024-1 GREEN ACRES PLANNING INCENTIVE GRANT APPLICATION Mr. Codey explained that the Borough has been awarded funding previously for the debt on the Madison Recreation Center (MRC) and will once again recommends applying for funding in the public interest by requesting an additional Green Acres grant of $ 7,741,767.85 to fund the project. The Administration recommends that the Council support this application Resolution is 348-2024 is listed on the Consent Agenda. 12/09/2024-2 YEAR END CANCELLATIONS Mr. Burnet provided information on the annual year end cancelations of open electric capital and general capital projects. Resolution 336-2024 is listed on the Consent Agenda. 12/09/2024-3 OPEN SPACE CAPITAL/ CAPACITY Mr. Burnet provided a chart on activity in the Open Space, Recreation and Historic Preservation account noting this year’s activity, and interest income. Mr. Burnet explained the Electric Utility Initial Capacity Pricing, noting numbers will be refined in the coming weeks. Administration is recommending cutting the dividend to $0 starting January 2025. This will allow the Borough to maintain existing rates as long as possible before having to consider any rate action. Mayor Conley asked for a motion. Mr. Range moved to suspend the electric utility dividend program temporarily. 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 ADVERTISED HEARINGS Ordinances scheduled for hearing tonight were submitted in writing at a Regular meeting of the Mayor and Council held on November 13, 2024 and November 25, 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. PAGE 5 OF 22 Regular Meeting Minutes – December 9, 2024 Mayor Conley called up Ordinances for second reading and asked the Clerk to read said ordinances 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 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. PAGE 6 OF 22 Regular Meeting Minutes – December 9, 2024 “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. Mayor Conley opened up the public hearing on Ordinance 34-2024. Since no member of the public wished to be heard, the public hearing was closed. Mr. Landrigan moved that Ordinance 34-2024, 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 34-2024 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 35-2024 had a hearing and adoption at a Special Meeting of the Council held December 2, 2024. ORDINANCE 36-2024 ORDINANCE OF THE BOROUGH OF MADISON REVISING ORDINANCE 30-2022, SETTING THE SALARY RANGES FOR NON-UNION FULL-TIME EMPLOYEES WHEREAS, the Borough Council has determined to revise an ordinance setting salary ranges for non-union full-time employees; and WHEREAS, these salary ranges are for guidance purposes only when setting and reviewing employee salaries. NOW, THEREFORE, BE IT ORDAINED by the Council of the Borough of Madison, County of Morris, State of New Jersey, as follows: Section 1.Ordinance 30-2022 setting the salary ranges for non-union full- time employees is hereby revised as follows: Section 2. This ordinance shall take effect as provided by law. TITLE MINIMUM MAXIMUM Borough Administrator $160,000 $230,000 Chief of Police $125,000 $210,000 Chief Financial Officer $120,000 $200,000 PAGE 7 OF 22 Regular Meeting Minutes – December 9, 2024 Assistant Borough Administrator $110,000 $165,000 Fire Chief $118,000 $190,000 Municipal Engineer $115,000 $200,000 Director of Public Works $110,000 $190,000 Assistant to Director of Public Works $143,000 $160,000 Electric Utility Superintendent $110,000 $190,000 Assistant Engineer $100,000 $170,000 Borough Clerk $85,000 $160,000 Director of Information Technology $68,000 $200,000 Personnel Director $80,000 $170,000 Purchasing Officer $70,000 $130,000 Director of Business Development $59,000 $130,000 Tax Collector $60,000 $130,000 Police Office Manager $52,387 $110,000 Communication Director $52,000 $130,000 Executive Assistant $54,246 $110,000 Confidential Secretary $45,212 $110,000 Information Technology Specialist $65,000 $110,000 Senior Dispatcher $45,933 $92,000 Arts and Events Director $55,000 $80,000 Registrar of Vital Statistics $60,000 $95,000 Mayor Conley opened up the public hearing on Ordinance 36-2024. Since no member of the public wished to be heard, the public hearing was closed. Ms. Ehrlich moved that Ordinance 36-2024, 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 36-2024 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 37-2024 ORDINANCE OF THE BOROUGH OF MADISON AMENDING CHAPTER 190 OF THE MADISON BOROUGH CODE ENTITLED “WATER” TO AUTHORIZE THE REVISION OF THE BOROUGH OF MADISON’S WATER RATES AND SERVICE FEES WHEREAS, the Chief Financial Officer of the Borough of Madison has recommended that the water utility rates be amended due to increased costs primarily for significant water usage; and PAGE 8 OF 22 Regular Meeting Minutes – December 9, 2024 WHEREAS, the Chief Financial Officer has recommended that Section 190- 32 A of the Borough Code regarding Water Rates for Metered Service be amended to read as follows: 190-32 A. (2) Single family residences shall be charged $0.0700 per cubic foot of water over 10,000 in any quarter. WHEREAS, Borough Chief Financial Officer has further recommended the follow changes to Section 190-32 and 190-33 of the Borough Code: § 190-32 Water rates for metered service. C. Borough-owned residential water meters. Any residential water customer with a one-inch water service shall be levied the minimum charge for a 3/4 inch service. Any residential water customer with two-inch water service whose average quarterly usage is less than the minimum usage specified in § 190-32B (Article XIII) of the Borough Code by at least 25% in a calendar year would have their water bill set for the following year at the minimum charge for the next smaller meter size or actual water usage, whichever is greater. D. The Chief Financial Officer shall increase all rates in § 190-32A and B by 10% effective on January 1, 2023. Beginning on January 1, 2024, and annually thereafter, the The Chief Financial Officer shall adjust all rates in § 190-32A and B not to exceed the cost of living adjustment. The cost of living adjustment shall be the higher of 2.0% or the Cost of Living Cap Adjustment annually promulgated by the NJ Director of Local Government Services based on the Implicit Price Deflator for State and Local Governments for New Jersey as published by the U.S. Department of Commerce, Bureau of Economic Analysis. § 190-33 Temporary permits. Paragraph/Section E. Temporary services are provided for in § 190-14 herein: up to $250 $500 per quarter per residential unit and up to $200 $400 per quarter per 1,000 square feet of commercial space. Labor, excavation and material shall be provided for by the applicant. If consumption warrants it, the Chief Financial Officer may determine that the customer shall provide the Borough with a deposit of $250 $750 for a temporary water meter which shall be installed by the Borough and read quarterly with the customer being billed based on the then current rates. The water meter deposit shall be promptly refunded when the undamaged temporary meter is returned to the Borough. WHEREAS, Borough Council, after due consideration has determined to proceed with said recommendation. NOW, THEREFORE, BE IT ORDAINED by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, as follows: PAGE 9 OF 22 Regular Meeting Minutes – December 9, 2024 SECTION 1: Section 190-32 and Section 190-33 of the Borough Code entitled “Water Rates for Metered Service” is hereby amended to revise the water utility rates as set forth herein. SECTION 2: All other rates and terms remain the same, except those changed herein. SECTION 3: This Ordinance shall take effect on January 1, 2025. Mayor Conley opened up the public hearing on Ordinance 37-2024. Since no member of the public wished to be heard, the public hearing was closed. Mr. Haralampoudis moved that Ordinance 37-2024, 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 37-2024 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. Since no member of the public wished to be heard, the invitation for discussion was closed. INTRODUCTION OF ORDINANCES - None CONSENT AGENDA RESOLUTIONS The Clerk made the following statement: Consent Agenda Resolutions will be enacted with a single motion; any Resolution requiring expenditure is supported by a Certification of Availability of Funds; any Resolution requiring discussion will be removed from the Consent Agenda; all Resolutions will be reflected in full in the minutes. Mr. Range moved adoption of the Resolutions listed on the Consent Agenda. Ms. Ehrlich seconded the motion. Resolution 337-2024 was removed for discussion. There was no Council discussion on Resolutions R 335-2024 through R 336-2024 and R 338-2024 and R 350-2024.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 10 OF 22 Regular Meeting Minutes – December 9, 2024 R 335-2024 RESOLUTION OF THE BOROUGH OF MADISON AWARDING CONTRACT FOR YARD WASTE COLLECTION AND DISPOSAL TO WASTE INDUSTRIES, LLC WHEREAS, the Borough of Madison publicly advertised for bids for Yard Waste Collection and Disposal in accordance with the Local Public Contracts Law, N.J.S.A. 40A:11-1, et seq.; and WHEREAS, the Qualified Purchasing Officer has recommended that the Borough Council award a contract to Waste Industries, LLC, for Yard Waste Collection and Disposal in an amount not to exceed $803,000.00 for a three-year contract; for pick up Monday, Tuesday and Wednesday; and WHEREAS, the Chief Financial Officer has attested that funds are available in the Garbage and Trash Removal budget # 465, Operating Account # 222, for Yard Waste Collection and Disposal, subject to availability in the 2025, 2026, 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 for the Yard Waste Collection and Disposal is hereby awarded for the base bid to Waste Industries, LLC, in an amount not to exceed $803,000.00 for pick up on Monday, Tuesday and Wednesday. 2. The Mayor and Borough Clerk are hereby authorized and directed on behalf of the Borough to enter into a contract with Waste Industries, LLC, in a form acceptable to the Borough Attorney. R 336-2024 RESOLUTION OF THE BOROUGH OF MADISON CANCELING COMPLETED CAPITAL IMPROVEMENT ORDINANCES WHEREAS, the Chief Financial Officer has reviewed a list of open electric capital and general capital projects and has determined that certain capital projects have been completed and the improvement authorization accounts should be closed; and WHEREAS, the Chief Financial Officer has recommended that the Council adopt a Resolution canceling the open dollar balances in such completed projects; and WHEREAS, the Borough Council has determined to make such cancellation. 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 list of open PAGE 11 OF 22 Regular Meeting Minutes – December 9, 2024 electric capital ordinances and general capital ordinances annexed hereto are hereby cancelled. R 337-2025 considered below. R 338-2024 RESOLUTION OF THE BOROUGH OF MADISON CONFIRMING MEMBERSHIP OF BRANDON PEREZ URREA IN THE MADISON HOSE COMPANY #1 WHEREAS, the Fire Chief has advised that Mr. Brandon Perez Urrea was voted into the Madison Hose Company #1 as a volunteer firefighter; and WHEREAS, Section 18-27 of the Madison Borough Code requires that each person so voted shall be confirmed as a member of such division by the Council 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 Brandon Perez Urrea is hereby confirmed as a member of the Madison Hose Company #1 effective immediately. R 339-2024 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING EXECUTION OF A MEMORANDUM OF UNDERSTANDING WITH THE TOWNSHIP OF LONG HILL FOR STYROFOAM RECYCLING WHEREAS, the Borough of Madison (“Borough”) wishes to execute a Memorandum of Understanding Agreement with the Township of Long Hill to continue courtesy Styrofoam recycling at the Madison Department of Public works recycling center; and WHEREAS, Borough of Madison, Borough of Chatham and Township of Chatham residents will be able to bring Styrofoam to the Madison Department of Public Works yard for recycling off site at no charge; and WHEREAS, the Borough Administrator recommends entering into an agreement. NOW THEREFORE BE IT RESOLVED, by the Council of the Borough of Madison, in the County of Morris in the State of New Jersey that Robert H. Conley, Mayor, is hereby authorized to execute the attached Memorandum of Understanding. R 340-2024 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 – Green Acres Jake’s Law Grant PAGE 12 OF 22 Regular Meeting Minutes – December 9, 2024 WHEREAS, N.J.S.A. 40A:87 provides that the Director of the Division of Local Government Services may approve the insertion of any special item of revenue in the budget of any County or Municipality when such items shall have been made available by law and the amount thereof was not determined at the time of the adoption of the budget; and WHEREAS, said Director may also approve the insertion of any item of appropriation for equal amount; and WHEREAS, the Borough of Madison was awarded $517,500.00 in funds from the NJDEP Green Acres Grant for Inclusive Playgrounds (Jake’s Law). NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Borough of Madison in the County of Morris and State of New Jersey hereby requests the Director of Local Government Services to approve the insertion of an item of revenue in the budget of the year 2024 as follows: Miscellaneous Revenues Special Items of General Revenue Anticipated with Prior Written Consent of the Director of Local Government Services – Public and Private Revenues Offset with Appropriations: Green Acres Jake’s Law Grant ………….. $517,500.00 and BE IT FURTHER RESOLVED that the like sum of ………$517,500.00 is hereby appropriated under the caption of: General Appropriations Operations Excluded from “CAPS" Public and Private Programs Offset by Revenues: Green Acres Jake’s Law Grant; and BE IT FURTHER RESOLVED that the Borough Clerk forward two copies of this resolution to the Director of Local Government Services. R 341-2024 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 – NJBPU Community Energy Grant – HDM WHEREAS, N.J.S.A. 40A:87 provides that the Director of the Division of Local Government Services may approve the insertion of any special item of revenue in the budget of any County or Municipality when such items shall have been made available by law and the amount thereof was not determined at the time of the adoption of the budget; and WHEREAS, said Director may also approve the insertion of any item of appropriation for equal amount; and WHEREAS, the Borough of Madison was awarded $100,000.00 in funds from the NJBPU Community Energy Grant - HDM. PAGE 13 OF 22 Regular Meeting Minutes – December 9, 2024 NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Borough of Madison in the County of Morris and State of New Jersey hereby requests the Director of Local Government Services to approve the insertion of an item of revenue in the budget of the year 2024 as follows: Miscellaneous Revenues Special Items of General Revenue Anticipated with Prior Written Consent of the Director of Local Government Services – Public and Private Revenues Offset with Appropriations: NJBPU Community Energy Grant - HDM ……… $100,000.00 and BE IT FURTHER RESOLVED that the like sum of …… $100,000.00 is hereby appropriated under the caption of: General Appropriations Operations Excluded from “CAPS" Public and Private Programs Offset by Revenues: NJBPU Community Energy Grant - HDM; and BE IT FURTHER RESOLVED that the Borough Clerk forward two copies of this resolution to the Director of Local Government Services. R 342-2024 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 – NJBPU Community Energy Grant – Masonic Lodge WHEREAS, N.J.S.A. 40A:87 provides that the Director of the Division of Local Government Services may approve the insertion of any special item of revenue in the budget of any County or Municipality when such items shall have been made available by law and the amount thereof was not determined at the time of the adoption of the budget; and WHEREAS, said Director may also approve the insertion of any item of appropriation for equal amount; and WHEREAS, the Borough of Madison was awarded $100,000.00 in funds from the NJBPU Community Energy Grant – Masonic Lodge. NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Borough of Madison in the County of Morris and State of New Jersey hereby requests the Director of Local Government Services to approve the insertion of an item of revenue in the budget of the year 2024 as follows: Miscellaneous Revenues Special Items of General Revenue Anticipated with Prior Written Consent of the Director of Local Government Services – Public and Private Revenues Offset with Appropriations: NJBPU Community Energy Grant – Masonic Lodge $100,000.00 and PAGE 14 OF 22 Regular Meeting Minutes – December 9, 2024 BE IT FURTHER RESOLVED that the like sum of ………$100,000.00 is hereby appropriated under the caption of: General Appropriations Operations Excluded from “CAPS" Public and Private Programs Offset by Revenues: NJBPU Community Energy Grant – Masonic Lodge; and BE IT FURTHER RESOLVED that the Borough Clerk forward two copies of this resolution to the Director of Local Government Services. R 343-2024 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 – NJ Local Recreation Imp Grant WHEREAS, N.J.S.A. 40A:87 provides that the Director of the Division of Local Government Services may approve the insertion of any special item of revenue in the budget of any County or Municipality when such items shall have been made available by law and the amount thereof was not determined at the time of the adoption of the budget; and WHEREAS, said Director may also approve the insertion of any item of appropriation for equal amount; and WHEREAS, the Borough of Madison was awarded $75,000.00 in funds from the NJ Local Recreation Improvement Grant. NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Borough of Madison in the County of Morris and State of New Jersey hereby requests the Director of Local Government Services to approve the insertion of an item of revenue in the budget of the year 2024 as follows: Miscellaneous Revenues Special Items of General Revenue Anticipated with Prior Written Consent of the Director of Local Government Services – Public and Private Revenues Offset with Appropriations: NJ Local Recreation Improvement Grant………$75,000.00 and BE IT FURTHER RESOLVED that the like sum of …………$75,000.00 is hereby appropriated under the caption of: General Appropriations Operations Excluded from “CAPS" Public and Private Programs Offset by Revenues: NJ Local Recreation Improvement Grant; and BE IT FURTHER RESOLVED that the Borough Clerk forward two copies of this resolution to the Director of Local Government Services. PAGE 15 OF 22 Regular Meeting Minutes – December 9, 2024 R 344-2024 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 - 2022 Morris County Historic Preservation Grant WHEREAS, N.J.S.A. 40A:87 provides that the Director of the Division of Local Government Services may approve the insertion of any special item of revenue in the budget of any County or Municipality when such items shall have been made available by law and the amount thereof was not determined at the time of the adoption of the budget; and WHEREAS, said Director may also approve the insertion of any item of appropriation for equal amount; and WHEREAS, the Borough of Madison was awarded $107,200.00 in funds from the Morris County Historic Preservation Trust 2022 Grant for Renovations to the Masonic Lodge. NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Borough of Madison in the County of Morris and State of New Jersey hereby requests the Director of Local Government Services to approve the insertion of an item of revenue in the budget of the year 2024 as follows: Miscellaneous Revenues Special Items of General Revenue Anticipated with Prior Written Consent of the Director of Local Government Services – Public and Private Revenues Offset with Appropriations: 2022 Morris County Historic Preservation Grant ……... $107,200.00 and BE IT FURTHER RESOLVED that the like sum of ……………………… $107,200.00 is hereby appropriated under the caption of: General Appropriations Operations Excluded from “CAPS" Public and Private Programs Offset by Revenues: 2022 Morris County Historic Preservation Grant; and BE IT FURTHER RESOLVED that the Borough Clerk forward two copies of this resolution to the Director of Local Government Services. R 345-2024 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 - 2024 Morris County Historic Preservation Grant PAGE 16 OF 22 Regular Meeting Minutes – December 9, 2024 WHEREAS, N.J.S.A. 40A:87 provides that the Director of the Division of Local Government Services may approve the insertion of any special item of revenue in the budget of any County or Municipality when such items shall have been made available by law and the amount thereof was not determined at the time of the adoption of the budget; and WHEREAS, said Director may also approve the insertion of any item of appropriation for equal amount; and WHEREAS, the Borough of Madison was awarded $562,500.00 in funds from the Morris County Historic Preservation Trust 2024 Grant for Acquisition of the Masonic Lodge. NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Borough of Madison in the County of Morris and State of New Jersey hereby requests the Director of Local Government Services to approve the insertion of an item of revenue in the budget of the year 2024 as follows: Miscellaneous Revenues Special Items of General Revenue Anticipated with Prior Written Consent of the Director of Local Government Services – Public and Private Revenues Offset with Appropriations: 2024 Morris County Historic Preservation Grant … $562,500.00 and BE IT FURTHER RESOLVED that the like sum of ……………..$562,500.00 is hereby appropriated under the caption of: General Appropriations Operations Excluded from “CAPS" Public and Private Programs Offset by Revenues: 2024 Morris County Historic Preservation Grant; and BE IT FURTHER RESOLVED that the Borough Clerk forward two copies of this resolution to the Director of Local Government Services. R 346-2024 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING THE SALE OF SURPLUS PROPERTY NO LONGER NEEDED FOR PUBLIC USE ON AN ONLINE AUCTION WEBSITE WHEREAS, the Borough of Madison has determined that surplus Borough property is no longer needed for public use; and WHEREAS, the Borough of Madison intends to utilize the online auction services of Municibid to auction the surplus property. NOW, THEREFORE, BE IT RESOLVED, by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, that the Borough is hereby authorized to sell the surplus property as indicated on an online auction website entitled Municibid.com; and PAGE 17 OF 22 Regular Meeting Minutes – December 9, 2024 BE IT FURTHER RESOLVED that the terms and conditions of the State Contract T-2581/19-GNSV1-00696 for online auction services is available in the Borough Clerk’s office; and BE IT FURTHER RESOLVED that a certified copy of the within Resolution be forwarded by the Borough Clerk to the State of New Jersey Division of Local Government Services. R 347-2024 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING GRANT APPLICATION OF THE MADISON FIRE DEPARTMENT FOR A GRANT FROM 2024 FEMA ASSISTANCE TO FIREFIGHTERS GRANT WHEREAS, Fire Chief Kyle Wickman has requested authorization to apply for a grant to the 2024 FEMA Assistance to Firefighters Grant for replacement of the diesel exhaust removal system; and WHEREAS, the Borough Administrator has recommended that the Council authorize the grant application by the Fire Department. 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 is hereby authorized to issue a letter of support for the 2024 FEMA Assistance to Firefighters Grant for replacement of the diesel exhaust removal system. R 348-2024 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING STATE OF NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION GREEN ACRES ENABLING RESOLUTION AND APPLICATION WHEREAS, the New Jersey Department of Environmental Protection, Green Acres Program (“State”), provides loans and/or grants to municipal and county governments and grants to nonprofit organizations for assistance in the acquisition and development of lands for outdoor recreation and conservation purposes; and WHEREAS, the Borough of Madison has previously obtained a Green Acres grant of $5,575,000.00 from the State to fund the following project: 1417-04-009, Madison Planning Incentive Grant WHEREAS, the Borough of Madison desires to further the public interest by requesting an additional Green Acres grant of $ 7,741,767.85 to fund the project; and WHEREAS, the State shall determine if the supplemental funding request is complete and in conformance with the scope and intent of the Green Acres Program, and notify the applicant of the amount of the funding award; and WHEREAS, the applicant is willing to use the State’s funds in accordance with its rules, regulations and applicable statutes, and is willing to enter into an Amendment of the Agreement with the State for the above-named project; PAGE 18 OF 22 Regular Meeting Minutes – December 9, 2024 NOW, THEREFORE, the governing body/board resolves that: 1. Robert Conley, or the successor to the office of Mayor, is hereby authorized to: (a) request such a grant, (b) provide additional information and furnish such documents as may be required, and (c) act as the authorized correspondent of Madison Borough; and 2. The Borough agrees to provide the local government/nonprofit share if a match is required. 3. The Borough agrees to comply with all applicable federal, state, and local laws, rules, and regulations in its performance of the project. 4. This resolution shall take effect immediately. R 349-2024 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING 2024 BUDGET TRANSFERS WHEREAS, a transfer of funds from Legal Services is necessary to cover expenditures; and WHEREAS, the Mayor and Council have determined that a transfer of funds for 2024 Legal Services to General Liability Insurance is necessary to cover additional 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 Amount Department Amount Reason for Request Requesting Transfer in Requested Supplying Funds Transferred “Legal Services” “General Liability 155-215, $30,000 Additional legal Insurance” 210-514 $30,000 FCOA 20-155-2 expenses FCOA 23-210-2 PAGE 19 OF 22 Regular Meeting Minutes – December 9, 2024 R 350-2024 RESOLUTION OF THE BOROUGH OF MADISON APPROVING A FILM PERMIT FOR WINGER PRODUCTIONS, INC. WHEREAS, Chapter 98 of the Borough Code permits the Borough Clerk to issue filming permits under certain guidelines ; and WHEREAS, an application was received for a film permit for 158 Green Avenue in Madison by Winger Productions, Inc. for seventeen (17) days of filming; and WHEREAS, upon review, the Director of Business Development and Borough Administrator have recommended issuance of a permit, contingent upon receipt of all fees and insurance. 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 Winger Productions to film in the Borough of Madison is hereby approved. Mr. Range moved adoption of the Resolution 337-2024. Ms. Ehrlich seconded the motion. Mr. Haralampoudis noted that the proposed legislation is to codify actions from 2018, in light of recent concerns. Mayor Conley noted that none of what is in the proposed legislation protects criminals or unlawful acts. There was no further 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 337-2024 RESOLUTION OF THE BOROUGH OF MADISON SUPPORTING PASSAGE OF THE NEW JERSEY STATE IMMIGRANT TRUST ACT (ITD) S3672/A 4987 WHEREAS, New Jersey is one of the most diverse states within a nation of immigrants; and WHEREAS, nearly one in four New Jerseyans is an immigrant; and WHEREAS, over 10% of New Jersey’s U.S. citizen are children who live with at least one undocumented family member; and WHEREAS, since 2019, the Immigrant Trust Directive (ITD) has enabled our immigrant communities of diverse status to live without fear of interactions with law enforcement, to come forth if they are the victim of a crime, and not be subject to separation from their families; and WHEREAS, public officials agree that this has kept our communities safer, and reflected the value of our immigrant communities, be they documented, undocumented, Temporary Protected Status, Dreamers, etc.; and PAGE 20 OF 22 Regular Meeting Minutes – December 9, 2024 WHEREAS, it is anticipated the N.J. Attorney General will issue detailed guidelines for towns and police departments to follow regarding immigration, which Madison will implement; and WHEREAS, New Jersey’s municipalities and state government reserve the right to protect our residents, and maintain the stability of our communities, economy, and society in the way we best see fit; and WHEREAS, Assemblywoman Ellen Park and Senator Gordon Johnson have introduced into the State Legislature the Immigrant Trust Act (S3672/A4987); and WHEREAS, the Immigrant Trust Act (ITA) would codify the ITD into law; and WHEREAS, the ITA would expand the protections in the ITD, so that no one need fear that a visit to the DMV, to enroll their children in school, to obtain lawfully entitled healthcare, etc. could lead to their private information being shared with ICE, putting themselves or their families in jeopardy. NOW THEREFORE, BE IT RESOLVED that the Borough Council of the Borough of Madison, New Jersey calls upon the State Legislature to pass the ITA within its current session, and with all deliberate speed; and BE IT FURTHER RESOLVED that the Borough Council calls on our own district’s representatives in the Assembly and Senate to co-sponsor and vote affirmatively for the ITA; and BE IF FURTHER RESOLVED that the Borough Council calls on the Governor to sign the ITA into law. 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 $131,128.99 General Capital Fund 20,703.54 Electric Operating Fund 136,275.84 Electric Capital Fund 33,000.00 Water Operating Fund 13,867.24 Water Capital Fund 0.00 Trusts 28,173.60 Total $366,149.21 The following roll call vote was recorded approving the aforementioned vouchers: PAGE 21 OF 22 Regular Meeting Minutes – December 9, 2024 Yeas: Ms. Ehrlich, Mr. Landrigan, Mr. Range, Mr. Haralampoudis, Ms. Honohan, Mr. Forte Nays: None NEW BUSINESS - None ADJOURN There being no further business to come before the Council, the meeting was adjourned at 10:00 p.m. Respectfully submitted, Elizabeth Osborne Borough Clerk Approved February 10, 2025 (EO) PAGE 22 OF 22