Mayor & Council

MINUTES Mayor and Council Regular Meeting November 28, 2022 7:00 P.M. CALL TO ORDER – A Regular Meeting of the Mayor and Council of the Borough of River Edge was held virtually via Zoom. The meeting was called to order at 7:00 p.m. by Mayor Thomas Papaleo. SILENT PRAYER – FLAG SALUTE Mayor Papaleo asked for a moment of silence for those involved in shootings as well as for those who live in violent areas throughout the United States and the world, especially for children who are caught in the middle. Mayor Papaleo led those present in a salute to the flag. STATEMENT OF COMPLIANCE - Mayor Papaleo read the Statement of Compliance into the record as follows: Statement of Compliance with Open Public Meeting Act: This meeting complies with the Open Public Meeting Act by notification on January 7th this location, date and time to the Town News and the Record and by posting of same on the municipal bulletin board and Borough website and filing a notice of the same with the Municipal Clerk. Notice of this meeting via the October 7, 2022 Sunshine Notice containing the date, time, and access information was sent to the Record and Town News and has been posted on the bulletin board and Borough website. ROLL CALL PRESENT: Councilwoman Busteed, Councilman Chinigo (arrived at 7:05 p.m.), Council President Kaufman, Councilwoman Kinsella, Councilwoman Malellari, Councilwoman Montisano-Koen and Mayor Papaleo. ABSENT: None ALSO PRESENT: Borough Administrator Lissette Aportela Borough Attorney Thomas Sarlo, Esq. CLOSED SESSION – On a motion from Council President Kaufman, seconded by Councilwoman Busteed, and all present voting in favor, the meeting was adjourned to the Closed Executive Session via Resolution #22-330 at 7:02 pm. #22-330 Resolution to Go Into Closed Session and Exclude Public WHEREAS, the Open Public Meetings Act, NJSA 10:4-12 permits the exclusion of the public from a meeting in certain circumstances; and WHEREAS, this public body is of the opinion that such circumstances presently exist. NOW, THEREFORE BE IT RESOLVED by the Mayor and Council of the Borough of River Edge, County of Bergen, State of New Jersey, as follows: 1. That the public shall be excluded from the November 28, 2022, regular meeting and discussion of the hereinafter specified subject matter: Closed Session Statutory Docket # Item Title or Description Reference 22-11/28-1 Attorney Client Privilege – N.J.S.A. 10:4-12(b)(7) Shared Service Agreement 2. Formal action may/may not be taken. 3. Minutes will be kept and once the matter involving the confidentiality of the above no longer requires that confidentiality, then the minutes can be made public. The regular meeting resumed at 8:05 p.m. ROLL CALL PRESENT: Councilwoman Busteed, Councilman Chinigo, Council President Kaufman, Councilwoman Kinsella, Councilwoman Malellari, Councilwoman Montisano-Koen and Mayor Papaleo. ABSENT: None ALSO PRESENT: Borough Administrator Lissette Aportela Borough Attorney Thomas Sarlo, Esq. APPROVAL OF MINUTES – On a motion by Councilman Chinigo, seconded by Councilwoman Montisano-Koen, and all members present voting in favor, that the Minutes of the Mayor and Council Regular and Closed Session Meetings of November 14, 2022 are hereby approved. PUBLIC COMMENTS ON ANY ITEM ON THIS AGENDA – On motion by Councilwoman Kinsella, seconded by Councilwoman Malellari, and all present voting in favor, to open for public comments on any item on the agenda. No one came forward. On a motion by Council President Kaufman, seconded by Councilwoman Malellari, and all present voting in favor, to close public comments on any item on the agenda. APPOINTMENTS & PERSONNEL CHANGES – On motion by Councilwoman Busteed, seconded by Council President Kaufman, and all members present voting in favor, to approve the following appointments and personnel changes: Approve the separation of Albert Carpenter, Crossing Guard effective November 17, 2022. Approve the salary increase of Anne Dodd, Borough Clerk from $90,00.00 to $93,000.00 per  the employment contract, effective November 29, 2022. MONTHLY REPORTS – Mayor Papaleo advised that the following reports are on file in the Office of the Borough Clerk and available for review: Library Board of Trustees - November 2022 #22-331 Amend 2022 Capital Budget – Borough Administrator Aportela explained that a supplemental bond ordinance is listed for consideration this evening. As these items were not included in the 2022 Capital Budget that was adopted in April, she advised that an amendment is required. She reviewed the additional items that are being authorized which include the emergency repair of the retaining wall on Valley Road, new equipment and machinery for the Fire Department, supplemental funding for the Voorhis Drainage Improvements, and supplemental funding for the Borough Hall Repair project. She noted that, should funding be available, it will be utilized for the DPW Garage and Salt Shed Replacement project. Motion by Councilwoman Montisano-Koen, second by Councilman Chinigo, that Resolution #22-331 be approved. On a roll call, the vote was recorded as follows: Councilwoman Busteed: aye Councilwoman Kinsella: aye Councilman Chinigo: aye Councilwoman Malellari aye Council President Kaufman: aye Councilwoman Montisano-Koen: aye (See Resolution #22-331 attached and made a part hereof.) FIRST READING – ORDINANCES – Ordinance #22-16 & #22-17 Motion by Councilwoman Malellari that the following ordinances be introduced and passed on first reading and setting December 12, 2022 at 7:00 p.m. or as soon thereafter as the as the matter can be heard as the date and time and Zoom as the virtual platform for a hearing on said ordinance. Second by Councilwoman Montisano-Koen. Mayor Papaleo read the titles of the ordinances into the record: Ordinance #22-16 – Bond Ordinance to Authorize the Making of Various Public Improvements and the Acquisition of New Additional or Replacement Equipment and Machinery in, by and for the Borough of River Edge, in the County of Bergen, State of New Jersey, to Appropriate the Sum of $3,870,000 to Pay the Cost thereof, to Make a Down Payment, to Authorize the Issuance of Bonds to Finance Such Appropriation and to Provide for the Issuance of Bond Anticipation Notes in Anticipation of the Issuance of Such Bonds. Ordinance #22-17 – an Ordinance Amending the Revised General Ordinances of the Borough of River Edge, Chapter 33, Entitled ‘Fire Department’ Borough Administrator Aportela advised that Ordinance #22-16 was addressed when explaining Resolution #22-331. With respect to Ordinance #22-17, she advised that this ordinance includes various updates to sections of Chapter 33 involving membership, disciplinary hearing, reporting requirements, reimbursements, and the Junior Firefighter Program. On a roll call, the vote was recorded as follows: Councilwoman Busteed: aye Councilwoman Kinsella: aye Councilman Chinigo: aye Councilwoman Malellari aye Council President Kaufman: aye Councilwoman Montisano-Koen: aye (See Ordinance #22-16 & #22-17 attached and made a part hereof.) RESOLUTIONS - By Consent a. #22-332 Authorize Issuance of Purchase Order – McCabe Environmental Services, LLC b. #22-333 Approve Additional Engineering Services – 2021 ADA Ramps at Various Locations c. #22-334 Award Contract – Rectangular Rapid Flashing Beacon Assembly Project d. #22-335 Refund of Construction Bond for Shade Trees to Dominick & Francine Munofo, 332 Van Saun Drive, River Edge, NJ 07661 e. #22-336 Approve the Appointment of a Junior Firefighter f. #22-337 Authorize Execution of Rental Agreement with Temple Avodat Shalom (Tabled to December 12, 2022) g. #22-338 Authorize Execution of Memorandum of Understanding h. #22-339 Resolution Authorizing Budget Transfers for Calendar year 2022 i. #22-340 Confirm Endorsement of Community Development Project 2023 CDBG Sidewalk Replacement at Oxford Terrace, Rutgers Place and Kinderkamack Road Project Motion by Councilwoman Montisano-Koen, second by Councilwoman Busteed, that the Consent Agenda be approved. Councilwoman Kinsella noted that, with respect to Resolution #22-337, the Interim Recreation Director is looking into leasing a less expensive space for SCORE and inquired whether it would be possible to table this resolution to the next meeting. Motion by Councilwoman Kinsella, second by Councilman Chinigo, that Resolution #22-337 be tabled to the December 12, 2022 Mayor and Council Regular Meeting. The vote was recorded as follows: Councilwoman Busteed: aye Councilwoman Kinsella: aye Councilman Chinigo: aye Councilwoman Malellari aye Council President Kaufman: aye Councilwoman Montisano-Koen: aye Motion by Councilwoman Busteed, second by Councilwoman Kinsella, that the Consent Agenda be approved as amended. The vote was recorded as follows: Councilwoman Busteed: aye Councilwoman Kinsella: aye Councilman Chinigo: aye Councilwoman Malellari aye Council President Kaufman: aye Councilwoman Montisano-Koen: aye #22-332 Authorize Issuance of Purchase Order – McCabe Environmental Services, LLC WHEREAS, the Mayor and Council has authorized the Borough Hall Selective Demolition Project; and WHEREAS, McCabe Environmental Services, LLC has submitted a proposal to provide environmental consulting services including asbestos abatement monitoring and contractor oversight services required for the planned removal of asbestos-containing materials from Borough Hall in the amount of $36,430.00; and WHEREAS, the scope of work proposed by McCabe Environmental Services, LLC, qualifies as a professional service under NJSA 40A:11-2(6) and NJSA 40A:11-5; and WHEREAS, John Chiaviello, Vice President of McCabe Environmental Services, LLC has completed and submitted a Business Entity Disclosure Certification which certifies that he and his firm have not made any contributions to any political or candidate committee in the Borough of River Edge in the previous one year that would render him ineligible to be awarded this contract, and that the proposed contract prohibits him and his firm from making any such reportable contributions through the term of the contract; and WHEREAS, the Borough Administrator, Lissette Aportela has recommended that a purchase order be issued to McCabe Environmental Services, LLC and WHEREAS, Chief Financial Officer Chris Battaglia has advised that funding is available for this service. NOW THEREFORE BE IT RESOLVED by the Mayor and Council of the Borough of River Edge that the Borough Administrator, Lissette Aportela is authorized to issue a purchase order for asbestos abatement monitoring and contractor oversight services required for the planned removal of asbestos-containing materials as part of the Borough Hall Selective Demolition Project to McCabe Environmental Services, LLC, having its principal office at 464 Valley Brook Avenue in Lyndhurst, NJ 07071 based on the quote submitted on November 16, 2022, for an estimated cost of $36,430.00. ******** #22-333 Approve Additional Engineering Services – 2021 ADA Ramps at Various Locations WHEREAS, the Mayor and Council authorized engineering services for surveying, design, bid services, project management and inspection services for the 2021 ADA Ramps at Various Locations Project for a cost not to exceed $33,500.00 via Resolution #21-273 on September 27, 2021; and WHEREAS, the Mayor and Council authorized additional funding for the project management, inspection, and close out of the project for a cost not to exceed $25,000.00 via Resolution #22-162 on May 9, 2022; and WHEREAS, additional funding is required to finalize the project management and close out of the project in the amount not to exceed $5,000; and WHEREAS, Chief Financial Officer Chris Battaglia has advised that funding is available.  NOW, THEREFORE, BE IT RESOLVED that the Mayor and Borough Council of the Borough of River Edge hereby accepts the attached proposal, dated October 17, 2022, from Borough Engineer, Robert Costa of Costa Engineering Corporation for additional professional engineering services to finalize the 2021 ADA Ramps at Various Locations Project for a cost not to exceed $5,000. ******** #22-334 Award Contract – Rectangular Rapid Flashing Beacon Assembly Project WHEREAS, on Wednesday, November 2, 2022, at 10:00 a.m., two bids were submitted at the date and time specified for the Rectangular Rapid Flashing Beacon Assembly Project for the Borough of River Edge and the Borough Administrator did open and read each bid aloud; and WHEREAS, the Borough Engineer has reviewed the bid as submitted by Garden State Highway Products, Inc. with a total base bid of $160,775.00 and alternate bid of $16,900.00 and has recommended the base bid be awarded to Garden State Highway Products, Inc.; and WHEREAS, Chief Financial Officer Chris Battaglia has certified funds are available for this project. NOW THEREFORE BE IT RESOLVED by the Mayor and Council of the Borough of River Edge that a contract for the Rectangular Rapid Flashing Beacon Assembly Project for the Borough of River Edge shall be awarded to Garden State Highway Products, Inc. located at 301 Riverside Drive, Millville, NJ 08332, in the amount of $160,775.00 based on the base bid, submitted on November 2, 2022; and BE IT FURTHER RESOLVED that the Mayor and Borough Clerk are hereby authorized to sign said contract on behalf of the Borough of River Edge. ******** #22-335 Refund of Construction Bond for Shade Trees to Dominick & Francine Munofo, 332 Van Saun Drive, River Edge, NJ 07661 WHEREAS, Dominick & Francine Munofo deposited a cash construction bond for shade trees adjacent to the property located at 332 Van Saun Drive in the amount of $3,182.16 on July 19, 2021; and WHEREAS, the Shade Tree Commission has performed an inspection and has determined that the tree at this location was not affected by construction activity; and WHEREAS, the Shade Tree Commission recommends that the bond in the amount of $3,182.16 be released. NOW, THEREFORE, BE IT RESOLVED that the Accounts Supervisor is authorized to make the following refund of $3,182.16 from the Trust Other Account to: Dominick & Francine Munofo 332 Van Saun Drive  River Edge, NJ 07661 ******** #22-336 Approve the Appointment of a Junior Firefighter BE IT RESOLVED by the Governing Body of the Borough of River Edge that Evan Krakower be and he is hereby appointed as a Junior Firefighter in the River Edge Volunteer Fire Department effective November 28, 2022. ******** #22-338 Authorize Execution of Memorandum of Understanding BE IT RESOLVED by the Mayor and Council of the Borough of River Edge that Mayor Thomas Papaleo is hereby authorized to execute the attached Memorandum of Understanding with the New Jersey State Police, Office of Emergency Management. ******** #22-339 Resolution Authorizing Budget Transfers for Calendar Year 2022 WHEREAS, certain appropriations were required and provided for during the calendar year 2022 and will require additional sums for expenditures to the end of 2022; and WHEREAS, other appropriations reflect that balances do exist as of the end of the year 2022; and WHEREAS, it is provided per N.J.S.A. 40A:4-58 that municipalities may make transfers from appropriations having excesses to those requiring additional sums. NOW, THEREFORE, BE IT RESOLVED, by the Governing Body of the Borough of River Edge that the list of transfers herein and below be and they are authorized to be made upon records of appropriations in the keeping of the CFO as per the amounts listed herein, provided this resolution is adopted by not less than 2/3 vote of the full membership of the Governing Body as required by Statute. IN: 2-01-31-447-168 – Petroleum Products Gasoline - $10,000.00 2-01-26-305-190 – Recycling O/E - $10,000.00 2-01-26-315-174 – Vehicle Maintenance O/E - $5,000.00 Total $25,000.00 OUT: 2-01-25-240-015 – Police S/W - $10,000.00 2-01-26-310-187 – Buildings & Grounds O/E - $10,000.00 2-01-25-240-015 – Police S/W - $5,000.00 Total $25,000.00 ******** #22-340 Confirm Endorsement of Community Development Project 2023 CDBG Sidewalk Replacement at Oxford Terrace, Rutgers Place and Kinderkamack Road Project WHEREAS, a Bergen County Community Development Grant totaling $227,700 has been proposed by the Borough of River Edge for 2023 CDBG Sidewalk Replacement at Oxford Terrace, Rutgers Place and Kinderkamack Road Project in the municipality of River Edge; and WHEREAS, pursuant to the State Interlocal Services Act, Community Development funds may not be spent in a municipality without authorization by the Governing Body; and WHEREAS, the aforesaid project is in the best interest of the people of River Edge; and WHEREAS, this resolution does not obligate the financial resources of the municipality and is intended solely to expedite expenditure of the aforesaid Community Development application. NOW, THEREFORE, BE IT RESOLVED that the Governing Body of the Borough of River Edge hereby confirms endorsement of the aforesaid project. BE IT FURTHER RESOLVED that a copy of this resolution shall be sent to the Director of the Bergen County Community Development, Robert G. Esposito, One Bergen County Plaza, 4th Floor, Hackensack, New Jersey 07601 so that implementation of the aforesaid project may be expedited. ******** #22-341 Payment of Bills Council President Kaufman read resolution #22-341 into the record: At a Regular Meeting of the Mayor and Council of the Borough of River Edge, County of Bergen, State of New Jersey, held on November 28, 2022. BE IT RESOLVED, that the Mayor and Council of the Borough of River Edge approve the following expenditures. CURRENT FUND $811,364.21 CAPITAL FUND $ 88,240.74 ANIMAL CONTROL FUND $ 403.00 DEVELOPER’S ESCROW FUND $ 5,257.50 RECREATION TRUST FUND $ 230.00 Motion by Council President Kaufman, second by Councilwoman Montisano-Keon, that Resolution #22-341 be approved. The vote was recorded as follows: Councilwoman Busteed: aye Councilwoman Kinsella: aye Councilman Chinigo: aye Councilwoman Malellari aye Council President Kaufman: aye Councilwoman Montisano-Koen: aye FOR DISCUSSION – 2022 Sine Die/2023 Reorganization Meeting – In-Person Meeting Borough Clerk Dodd advised that Councilwoman Montisano-Koen inquired whether the 2022 Sine Die/2023 Reorganization Meeting could be held in person at the Library. Borough Clerk Dodd confirmed that the Library is available on this date and there is the ability to hold these meetings in a hybrid format at this location. A question arose as to whether a hybrid format is permitted. Borough Attorney Sarlo is to look into whether the DLGS is permitting meetings to be held in this format. As Pastor Sweet of Grace Lutheran Church has offered use of a large space in the church, Borough Clerk Dodd is to explore this option. It was also proposed that the swearing in be conducted in person at the Library and the remainder of the meeting be held virtually. It was decided that these three options will continue to be explored and this item was be listed for further discussion on the December 12th agenda. NEW BUSINESS – License Plates for Registered Nurses Councilwoman Montisano-Koen advised that a Senate bill was put forward to create and issue license plates to Registered Nurses. She requested that a resolution in support of this bill be listed on the next meeting agenda. It was the consensus of the governing body to list this resolution on the December 12th agenda for approval. OLD BUSINESS – Girls’ Softball Field Mayor Papaleo advised that the Borough is still in negotiations with the Board of Education (BOE.) He, Councilwoman Kinsella, Borough Administrator Aportela, and Borough Attorney Sarlo will be scheduling a time to meet with the BOE to discuss a counterproposal. As members of the public are present to discuss this issue, motion by Councilwoman Kinsella, second by Councilwoman Malellari, and all members present voting in favor, to open the floor to public comment on any item on the agenda. Dan Sansevere, 564 Elm Avenue, Vice President of REGAL, requested an update as to the financial costs/estimates and inquired whether the governing body supports the use of grant funding for improvements to the softball fields located at Roosevelt School. He noted that the BOE has put forward to the public its proposal and inquired whether the governing body is amenable to those terms. He also asked for a timeframe for when meetings will take place with the BOE, noting that the fields will need to be utilized in the spring. It was confirmed that the governing body does support the improvements to Roosevelt Field provided that terms can be agreed upon for an interlocal agreement. Borough Attorney Sarlo noted that the Borough will not be negotiating the terms of this agreement through the public and advised that a meeting will be scheduled with the BOE as soon as possible to expedite the process. Borough Administrator Aportela reviewed the cost estimates that were prepared by the Borough Engineer, noting that the total estimated cost for the improvements, excluding turf, is $706,247.52. The total estimated cost for installation of turf on the entire field is $1,783,617.00, infield only is $507,408.00, and outfield only is $1,218,088.00. Kevin Sabella, 725 Fifth Avenue, thanked the governing body for exploring this option as he believes that it will benefit the girls of River Edge. Ryan Gibbons, 223 Madison Avenue, expressed that he would like to see this project happen as expeditiously as possible. He noted that there are safety concerns with these fields that need to be addressed. Claire Gibbons, 223 Madison Avenue, commented that there is a striking difference in the quality of fields offered in River Edge versus what is offered in other towns. She expressed hope that these fields can be made safer and be available for use for the spring season. Dean Rayside, 224 Madison Avenue, inquired whether REGAL or other stakeholders would have a say on the equipment that is purchased for this facility. He noted that when he priced these items as a private citizen, the costs didn’t come close to the estimates that were put forward by the Borough Engineer. He commented that the issue always seems to come down to the interlocal agreement and inquired why the governing body feels it will be different this time. Mayor Papaleo confirmed that, although requests can be put forward and considered, it would be the sole decision of the Mayor and Council as to which equipment is installed. Borough Administrator Aportela explained that, in addition to the improvements, there would be certain infrastructure improvements that would be required such a retaining wall. She further explained that, although a brand name can be specified in the bid documents, an equivalent must be accepted and the project would need to be awarded to the lowest responsive, responsible bidder. Mayor Papaleo reiterated that the governing body will not be negotiating in public and expressed hope that negotiations will go well. Brianne Etter, 711 Elm Avenue, requested that this project be expedited as quickly as the governing body attempted to expedite the proposed Memorial Park project. Tom Koch, 98 Lakeview Street, President of River Edge Little League, advised that very constructive conversations took place with the REGAL Board on the heels of the July 11th Mayor and Council meeting. Should an agreement not be reached with the Board of Education, he inquired whether the Borough could potentially lose access to the fields at Roosevelt School. He expressed hope that the past can be left in the past and that all parties do what is in the best interest of the children of River Edge. Mayor Papaleo expressed his belief that the BOE would not prevent access to these field should an updated agreement not be reached. Borough Attorney Sarlo advised that an agreement will be drafted for field use regardless of whether this project moves forward. Motion Council President Kaufman, second Councilwoman Montisano-Koen, to close public comment on any item on the agenda. Tabled Resolution #22-281 - Authorizing the Assignment of a Developer’s Agreement with ILBJ, LLC to Dark Sky Development, LLC for the Development of 335 Johnson Avenue (Block 1405, Lot 3) There was no motion to remove Resolution #22-281 from the table. Farmer’s Market Council President Kaufman advised that the committee met a few days ago. She reported that the farmer has agreed to come back next year from May 25th through October 5th. She further reported that the committee would like to send letters to vendors requesting payment for either half a season with a 1-week discount or the entire season for a 2-week discount and that participation on a weekly basis not be permitted. She advised that the committee is also proposing that current vendors be grandfathered with respect to insurance requirements and that it be required that new vendors meet all insurance requirements. There was no objection raised to the Farmer’s Market Committee moving forward as proposed. Update on Construction Projects Borough Administrator Aportela reported that, with respect to the Borough Hall Repair project, the Borough Clerk, Assessor and Finance Departments were moved to the Public Safety Building. She noted that the Court Room can no longer be utilized for office space as courts have been mandated to return to in-person sessions. She advised that certain equipment and filing cabinets have been moved to offsite storage. She expressed gratitude to Jason Milito, DPW Superintendent, Rick Stephens, DPW Foreman, and the entire DPW crew for their assistance with this move. The contractor will be mobilizing tomorrow as the demolition permit has been issued as well as the asbestos abatement permit. Due to the construction and staff working in a hybrid format, she advised that the public will be required to make an appointment to meet with staff located in the Public Safety Building. PUBLIC COMMENTS – Motion by Council President Kaufman, second by Councilwoman Kinsella, and all members present voting in favor, to open public comments. No one came forward. Motion by Council President Kaufman, second by Councilwoman Kinsella, and all members present voting in favor, to close public comment. COUNCIL COMMENTS – Councilwoman Kinsella reminded everyone that the Annual Holiday Lighting is this Saturday on the Borough Hall lawn at 5:30 p.m. followed by Santa and hot chocolate at the Firehouse. She expressed gratitude to Michele Cariddi, Gregg Cariddi and Michelle Ryan who decorated a tree for River Edge at Van Saun Park, commenting that they did a beautiful job. She advised that this tree will be judged on Saturday at the same time as the tree lighting. Mayor Papaleo read letters of commendation for the Shade Tree Commission from two residents who thanked the commission for tree plantings that took place on their property. CLOSED SESSION – On a motion from Council President Kaufman, seconded by Councilwoman Kinsella, and all present voting in favor, the meeting was adjourned to the Closed Executive Session via Resolution #22-342 at 9:00 pm. #22-342 Resolution to Go Into Closed Session and Exclude Public WHEREAS, the Open Public Meetings Act, NJSA 10:4-12 permits the exclusion of the public from a meeting in certain circumstances; and WHEREAS, this public body is of the opinion that such circumstances presently exist. NOW, THEREFORE BE IT RESOLVED by the Mayor and Council of the Borough of River Edge, County of Bergen, State of New Jersey, as follows: 4. That the public shall be excluded from the November 28, 2022, regular meeting and discussion of the hereinafter specified subject matter: Closed Session Statutory Docket # Item Title or Description Reference 22-11/28-2 Attorney Client Privilege – N.J.S.A. 10:4-12(b)(7) Lease Modification Request 22-11/28-3 Collective Bargaining - Contract N.J.S.A. 10:4-12(b)(4) Negotiations Update 5. Formal action may/may not be taken. 6. Minutes will be kept and once the matter involving the confidentiality of the above no longer requires that confidentiality, then the minutes can be made public. ADJOURNMENT – There being no further business to come before the Mayor and Council, on a motion by Councilwoman Montisano-Koen, second by Councilwoman Kinsella, and unanimously carried, to adjourn this meeting. The meeting was adjourned a 9:00 p.m. Respectfully submitted, Anne Dodd, RMC Borough Clerk  BOROUGH OF RIVER EDGE ORDINANCE #22-16 BOND ORDINANCE TO AUTHORIZE THE MAKING OF VARIOUS PUBLIC IMPROVEMENTS AND THE ACQUISITION OF NEW ADDITIONAL OR REPLACEMENT EQUIPMENT AND MACHINERY IN, BY AND FOR THE BOROUGH OF RIVER EDGE, IN THE COUNTY OF BERGEN, STATE OF NEW JERSEY, TO APPROPRIATE THE SUM OF $3,870,000 TO PAY THE COST THEREOF, TO MAKE A DOWN PAYMENT, TO AUTHORIZE THE ISSUANCE OF BONDS TO FINANCE SUCH APPROPRIATION AND TO PROVIDE FOR THE ISSUANCE OF BOND ANTICIPATION NOTES IN ANTICIPATION OF THE ISSUANCE OF SUCH BONDS. BE IT ORDAINED by the Borough Council of the Borough of River Edge, in the County of Bergen, State of New Jersey, as follows: Section 1. The Borough of River Edge, in the County of Bergen, State of New Jersey (the "Borough") is hereby authorized to make various public improvements and to acquire new additional or replacement equipment and machinery in, by and for said Borough, as more particularly described in Section 4 hereof. Said improvements shall include all work, materials and appurtenances necessary and suitable therefor. Section 2. There is hereby appropriated to the payment of the cost of making the improvements described in Sections l and 4 hereof (hereinafter referred to as "purposes"), the respective amounts of money hereinafter stated as the appropriation for said respective purposes. Said appropriation shall be met from the proceeds of the sale of the bonds authorized and the down payment appropriated by this ordinance. Said improvements shall be made as general improvements and no part of the cost thereof shall be assessed against property specially benefited. Section 3. It is hereby determined and stated that the making of such improvements is not a current expense of said Borough. Section 4. The several purposes hereby authorized for the financing of which said obligations are to be issued are set forth in the following "Schedule of Improvements, Purposes and Amounts" which schedule also shows (l) the amount of the appropriation and the estimated cost of each such purpose, and (2) the amount of each sum which is to be provided by the down payment hereinafter appropriated to finance such purposes, and (3) the estimated maximum amount of bonds and notes to be issued for each such purpose, and (4) the period of usefulness of each such purpose, according to its reasonable life, computed from the date of said bonds: SCHEDULE OF IMPROVEMENTS, PURPOSES AND AMOUNTS A. Reconstruction of a retaining wall at Valley Road.  Appropriation and Estimated Cost $ 950,000 Down Payment Appropriated $ 45,250 Bonds and Notes Authorized $ 904,750 Period of Usefulness 15 years B. Acquisition of new additional or replacement equipment and machinery for the use of the Fire Department consisting of (i) a self-contained breathing apparatus compressor and related equipment and (ii) water rescue equipment. Appropriation and Estimated Cost $ 85,000 Down Payment Appropriated $ 4,050 Bonds and Notes Authorized $ 80,950 Period of Usefulness 15 years C. Supplemental funding for the undertaking of drainage improvements in the vicinity of Voorhis Avenue. It is hereby determined and stated that the Borough has heretofore appropriated the sum of $1,353,530 for such improvement pursuant to Ord. No. 22-7 adopted on April 25, 2022. Appropriation and Estimated Cost $1,000,000 Down Payment Appropriated $ 47,620 Bonds and Notes Authorized $ 952,380 Period of Usefulness 40 years D. Supplemental funding for the undertaking of renovations to the Municipal Building and replacement of the DPW Garage and Salt Shed. It is hereby determined and stated that the Borough has heretofore appropriated the sum of $1,475,000 for such improvement pursuant to Ord. No. 22-7 adopted on April 25, 2022. Appropriation and Estimated Cost $1,835,000 Down Payment Appropriated $ 88,080 Bonds and Notes Authorized $1,746,920 Period of Usefulness 15 years ------------------------------------------------------- Aggregate Appropriation and Estimated Cost $3,870,000 Aggregate Down Payment Appropriated $ 185,000 Aggregate Amount of Bonds and Notes Authorized $3,685,000  Section 5. The cost of such purposes, as hereinbefore stated, includes the aggregate amount of $670,000 which is estimated to be necessary to finance the cost of such purposes, including architect's fees, accounting, engineering and inspection costs, legal expenses and other expenses, including interest on such obligations to the extent permitted by Section 20 of the Local Bond Law (Chapter 2 of Title 40A of the New Jersey Statutes Annotated, as amended; the "Local Bond Law"). Section 6. It is hereby determined and stated that moneys exceeding $185,000, appropriated for down payments on capital improvements or for the capital improvement fund in budgets heretofore adopted for said Borough, are now available to finance said purposes. The sum of $185,000 is hereby appropriated from such moneys to the payment of the cost of said purposes. Section 7. To finance said purposes, bonds of said Borough of an aggregate principal amount not exceeding $3,685,000 are hereby authorized to be issued pursuant to the Local Bond Law. Said bonds shall bear interest at a rate per annum as may be hereafter determined within the limitations prescribed by law. All matters with respect to said bonds not determined by this ordinance shall be determined by resolutions to be hereafter adopted. Section 8. To finance said purposes, bond anticipation notes of said Borough of an aggregate principal amount not exceeding $3,685,000 are hereby authorized to be issued pursuant to the Local Bond Law in anticipation of the issuance of said bonds. In the event that bonds are issued pursuant to this ordinance, the aggregate amount of notes hereby authorized to be issued shall be reduced by an amount equal to the principal amount of the bonds so issued. If the aggregate amount of outstanding bonds and notes issued pursuant to this ordinance shall at any time exceed the sum first mentioned in this section, the moneys raised by the issuance of said bonds shall, to not less than the amount of such excess, be applied to the payment of such notes then outstanding. Section 9. Each bond anticipation note issued pursuant to this ordinance shall be dated on or about the date of its issuance and shall be payable not more than one year from its date, shall bear interest at a rate per annum as may be hereafter determined within the limitations prescribed by law and may be renewed from time to time pursuant to and within limitations prescribed by the Local Bond Law. Each of said bond anticipation notes shall be signed by the Mayor and by a financial officer and shall be under the seal of said Borough and attested by the Borough Clerk or Deputy Borough Clerk. Said officers are hereby authorized to execute said notes in such form as they may adopt in conformity with law. The power to determine any matters with respect to said notes not determined by this ordinance and also the power to sell said notes, is hereby delegated to the Chief Financial Officer who is hereby authorized to sell said notes either at one time or from time to time in the manner provided by law. Section 10. It is hereby determined and declared that the average period of usefulness of said purposes, according to their reasonable lives, taking into consideration the respective amounts of bonds or notes authorized for said purposes, is a period of 21.46 years computed from the date of said bonds.  Section 11. It is hereby determined and stated that the Supplemental Debt Statement required by the Local Bond Law has been duly made and filed in the office of the Borough Clerk of said Borough, and that such statement so filed shows that the gross debt of said Borough, as defined in Section 43 of the Local Bond Law, is increased by this ordinance by $3,685,000 and that the issuance of the bonds and notes authorized by this ordinance will be within all debt limitations prescribed by said Local Bond Law. Section 12. Any funds received from private parties, the County of Bergen, the State of New Jersey or any of their agencies or any funds received from the United States of America or any of its agencies in aid of such purposes, shall be applied to the payment of the cost of such purposes, or, if bond anticipation notes have been issued, to the payment of the bond anticipation notes, and the amount of bonds authorized for such purposes shall be reduced accordingly. Section 13. The capital budget is hereby amended to conform with the provisions of this ordinance to the extent of any inconsistency therewith and the resolutions promulgated by the Local Finance Board showing full detail of the amended capital budget and capital program as approved by the Director, Division of Local Government Services, is on file with the Borough Clerk and is available for public inspection. Section 14. The Borough intends to issue the bonds or notes to finance the cost of the improvements described in Sections 1 and 4 of this bond ordinance. If the Borough incurs such costs prior to the issuance of the bonds or notes, the Borough hereby states its reasonable expectation to reimburse itself for such expenditures with the proceeds of such bonds or notes in the maximum principal amount of bonds or notes authorized by this bond ordinance. Section 15. The full faith and credit of the Borough are hereby pledged to the punctual payment of the principal of and the interest on the obligations authorized by this ordinance. Said obligations shall be direct, unlimited and general obligations of the Borough, and the Borough shall levy ad valorem taxes upon all the taxable real property within the Borough for the payment of the principal of and interest on such bonds and notes, without limitation as to rate or amount. Section 16. This ordinance shall take effect twenty days after the first publication thereof after final passage. INTRODUCED: ADOPTED:  _______________________________ Thomas Papaleo, Mayor ATTEST: ___________________________________ Anne Dodd, RMC, CMR Borough Clerk  BOROUGH OF RIVER EDGE ORDINANCE NO. 22-17 AN ORDINANCE AMENDING THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF RIVER EDGE, CHAPTER 33, ENTITLED ‘FIRE DEPARTMENT’ BE IT ORDAINED by the Mayor and Council of the Borough of River Edge, County of Bergen, State of New Jersey, as follows: Section 1. Section Chapter 33-6, “Membership”, subsection C entitled “New Members”, shall be amended by the following: Remove: 2. If a new member has had prior qualifying training and has not been inactive from the fire service for more than one (1) year, he may forgo the training requirement. However, he must have taken an approved course at a County or State School which will be approved by the Company investigating committee for transfer membership. The Investigating Committee will verify the course taken as it must be comparable to Fire Fighter No.1. In the event a new member has not met the requirements of the Fire Department, he/she shall be subject to dismissal. To accomplish this action, a vote shall be taken, with the majority rule applying. If a new member is so dismissed, his/her name shall be removed from the rolls and Mayor and Council notified as well as the other company, in writing. Add: 2. In the event a new member has not met the requirements of the Fire Department, he/she shall be subject to dismissal. To accomplish this action, a vote shall be taken, with the majority rule applying. If a new member is so dismissed, his/her name shall be removed from the rolls and Mayor and Council notified as well as the other company, in writing. Section 2. Section Chapter 33-6, “Membership”, #2a, “Calculation of attendance averages” of subsection F entitled “Membership Classifications and Requirements”, shall be amended by the following: Remove: iv. The attendance record for dispatches shall be created by the Captain of each Company, or in their absence the Officer in Charge. The Captain, or Officer in Charge, shall record the incident number, date, address and any other information deemed pertinent regarding the call. All reporting Members shall be required to sign the attendance sheet next to their pre- printed name upon reporting to a dispatch. The legend on the attendance sheet shall be used for each call. All information on the sign- in sheet shall be reflective of the information placed into the NFIRS for official  reporting. Upon returning from the dispatch, the Captain or Officer in Charge shall review and sign the attendance sheet certifying that the information contained therein is accurate. The attendance sheet shall then be placed in a locked drawer and retained. v. Members are not entitled to credit ,nor will they have their average frozen, for sick time, (unless the injury occurred while operating in a capacity serving the Fire Department where they will then have their average frozen), vacation time, as well as other time off. vi. Attendance sheets for all other activities must be maintained in the same manner. Further, the attendance reports must be clear as to what category the activity completed falls under, i.e., drills, meetings, rig checks, etc. Attendance credit in any category shall not exceed the actual amount of reported activities in such category in any given month. Credit shall not be awarded to a Member for any activity not expressly approved, in writing, by the Department. vii. The Department Chief has the authority to implement an Extra Credit Policy as defined in the River Edge Fire Department SOP for calculating averages. Add: iv. The attendance record for dispatches shall be created by the Captain of each Company, or in their absence the Officer in Charge. The Captain, or Officer in Charge, shall record the incident number, date, address and any other information deemed pertinent regarding the call. All reporting members must assure that the officer in command or senior member that is taking roll-call, has marked them as being present for the fire call prior to leaving the fire station. The legend on the attendance sheet shall be used for each call. All information on the sign- in sheet shall be reflective of the information placed into the NFIRS for official reporting. Upon returning from the dispatch, the Captain or Officer in Charge shall review and sign the attendance sheet certifying that the information contained therein is accurate. The attendance sheet shall then be placed in a locked drawer and retained. v. Members are not entitled to credit for sick time, (unless the injury occurred while operating in a capacity serving the Fire Department where they will then have their average frozen), vacation time, as well as other time of. vi. Members will not receive credit for fire calls or any activity that involves the use of any type of PPE or SCBA should they be in violation of any NJ Division of Fire Safety, River Edge Fire Department or PEOSHA facial hair policy/guidelines.  vii. Attendance sheets for all other activities must be maintained in the same manner. Further, the attendance reports must be clear as to what category the activity completed falls under, i.e., drills, meetings, rig checks, etc. Attendance credit in any category shall not exceed the actual amount of reported activities in such category in any given month. Credit shall not be awarded to a Member for any activity not expressly approved, in writing, by the Department. viii. The Department Chief has the authority to implement an Extra Credit Policy as defined in the River Edge Fire Department SOP for calculating averages. Section 3. Section Chapter 33-6, “Membership”, #2d, “Leaves of Absence” of subsection F entitled “Membership Classifications and Requirements”, shall be amended by the following: Remove: i. Active members in good standing may ask for a leave of absence from the Department by submitting a LOA form to the respective House Chief. The form must clearly state member’s intent and a starting and ending date. The leave of absence shall not exceed six (6) months. One extension of an additional six (6) months may be requested in writing to the House Chief. An active member returning from a Leave of Absence may need to re- qualify for any special privileges (SCBA, driving status, etc.) to be determined by the Line Officers. Any member returning from a Leave of Absence may not request an additional Leave of Absence until they have completed a minimum of one quarter in good standing. A Leave of Absence extension may be granted by the house Chief and shall be noted in the minutes of the next monthly company meeting. Reasons for a Leave of Absence may include, but are not limited to, health issue/s of the member or family member, temporary relocation of a work place or work- related issue, monetary issue, etc. ii. Any member in good standing may request an education Leave of Absence if they are attending school out of the local area. Active members shall submit the LOA form to the House chief. The form shall identify the starting and ending dates. Any member may return to active status if they are home for an extended period of time. The member must notify the House Chief of their intent and receive their approval. A member of the Department who takes Military Leave may be reinstated within one year of discharge, or release of active duty. All firefighters injured in the line of duty shall be immediately placed on medical leave until approved for return to full duty by their attending physician. Return to duty must be in full Firematic status. Firefighters injured not in the line of duty may request medical leave based on submission of a note from their attending physician that they are not  capable of performing the normal duties of a firefighter. Return to duty shall be under the same circumstances as set forth above for line of duty injury. Firefighters who are on medical leave may not participate in the following: a) answering fire calls, b) attending work details, c) participation in drills involving physical exertion, d) parades, e) operate, drive, or ride in borough apparatus/vehicles except to funerals and permitted drills or classes. All members, while on approved Leave of absence, will have their Firematic averages frozen and will not be accountable for any fire call, drills or meetings during that time period. Add: i. Active members in good standing may ask for a leave of absence from the Department by submitting a LOA form to the respective House Chief. The form must clearly state member’s intent and a starting and ending date. The leave of absence shall not exceed six (6) months. One extension of an additional six (6) months may be requested in writing to the House Chief. An active member returning from a Leave of Absence may need to re- qualify for any special privileges (SCBA, driving status, etc.) to be determined by the Line Officers. Any member returning from a Leave of Absence may not request an additional Leave of Absence until they have completed a minimum of one quarter in good standing. A Leave of Absence extension may be granted by the house Chief and shall be noted in the minutes of the next monthly company meeting. Reasons for a Leave of Absence may include, but are not limited to, health issue/s, injury not occurring during performance of duties,of the member or family member, temporary relocation of a work place or work-related issue, monetary issue, etc. ii. Any member in good standing may request an education Leave of Absence if they are attending school out of the local area. Active members shall submit the LOA form to the House chief. The form shall identify the starting and ending dates. Any member may return to active status if they are home for an extended period of time. The member must notify the House Chief of their intent and receive their approval. A member of the Department who takes Military Leave may be reinstated within one year of discharge, or release of active duty. All firefighters injured in the line of duty shall be immediately placed on medical leave until approved for return to full duty by their attending physician. Return to duty must be in full Firematic status. Firefighters injured not in the line of duty may request medical leave based on submission of a note from their attending physician that they are not capable of performing the normal duties of a firefighter. Return to duty shall be under the same circumstances as set forth above for line of duty injury. Firefighters who are on medical leave may not participate in the following: a) answering fire calls, b) attending work details, c) participation in drills involving physical exertion, d) parades, e) operate,  drive, or ride in borough apparatus except to funerals. All members, while on approved Leave of absence, will have their Firematic averages frozen and will not be accountable for any fire call, drills or meetings during that time period. Section 4. Section Chapter 33-9, “Disciplinary Action”, subsection B entitled “Hearing of Charges; Notice of Decision”, shall be amended by the following: Remove: 2. In the event of potential suspension or dismissal, the President of the Company of the accused Member shall immediately after the reading of the charges, appoint three (3) members in good standing and the President of the other fire company shall appoint two (2) members in good standing, making a committee (hereinafter referred to as the “Fire Committee”) of five (5), to try the charges. The date, time and place of the hearing of said charges shall then be fixed by the Fire Committee at a meeting, which shall be specially convened for that purpose, and at least five days before the date so fixed for hearing, a written copy of said charges, together with a notice of the date, time and place of said hearing, shall be served on the member against whom the charges are made, either personally or by leaving the same at such member's usual place of abode. At the time, place and date fixed for the hearing of said charges, the Fire Committee shall hear the evidence adduced by all parties concerned and shall recommend a decision to the Mayor and Council. At all such hearings, the Fire Commissioner/Council Liaison shall be the presiding officer. At all such hearings, the respondent, as well as the person making the charges, may have the assistance of counsel in the presentation of evidence relative to the facts at issue. At all such hearings, the Fire Committee shall have the assistance of the Borough Attorney. Add: 2. In the event of potential suspension or dismissal, the President of the Company of the accused Member shall immediately after the reading of the charges, appoint two (2) members in good standing and the President of the other fire company shall appoint three (3) members in good standing, making a committee (hereinafter referred to as the “Fire Committee”) of five (5), to try the charges. The date, time and place of the hearing of said charges shall then be fixed by the Fire Committee at a meeting, which shall be specially convened for that purpose, and at least five days before the date so fixed for hearing, a written copy of said charges, together with a notice of the date, time and place of said hearing, shall be served on the member against whom the charges are made, either personally or by leaving the same at such member's usual place of abode. At the time, place and date fixed for the hearing of said charges, the Fire Committee shall hear the evidence adduced by all parties concerned and  shall recommend a decision to the Mayor and Council. At all such hearings, the Fire Commissioner/Council Liaison shall be the presiding officer. At all such hearings, the respondent, as well as the person making the charges, may have the assistance of counsel in the presentation of evidence relative to the facts at issue. At all such hearings, the Fire Committee shall have the assistance of the Borough Attorney. Section 5. Section Chapter 33-9, “Disciplinary Action”, subsection B entitled “Hearing of Charges; Notice of Decision”, shall be amended by the following: Add: 6. Should the charges be against a chief officer, the Mayor and Council will then oversee and hear the charges and entire hearing. The Fire Committee will be excused in this instance. The Mayor and Council will render their decision for punishment in writing to the Chief of the department. Should the Chief of the department be involved in the matter, then the decision shall be sent to the Assistant Fire Chief and/or Deputy Fire Chief. Section 6. Section Chapter 33-10, “Monthly Reports to Council/Business Administrator”, shall be replaced with by the following: § 33-10. – Quarterly Reports to Council/Business Administrator A. At each meeting, the Secretary shall call the roll and mark as absent all who have not attended at least a part of the meeting and shall render a record of meeting percentages to date. B. Immediately upon the return from a dispatch or drill and after the apparatus has been properly housed, the officer in command, or senior member should no officer be present, shall call the roll and all members not answering to the same, unless excused, shall be considered as non-attendants at such dispatch. All reporting members must assure that the officer in command or senior member that is taking roll-call, has marked them as being present for the fire call prior to leaving the fire station. Any officer or most recent Ex-Chief or the senior man in charge shall be vested with the right to excuse any member from not returning to the fire house. C. It shall be the duty of the Captains of each Company to keep and record the attendance at all dispatches, drills, meetings, as per the River Edge Fire Department SOP for calculating averages and present the averages for same at each monthly meeting of the Company. Any Member may challenge or dispute their average after review each quarter. Upon presentation at the monthly meeting of the Company, the Captain shall submit the averages, and supporting records, to the Fire Chief who then then forward to the Borough Administrator for review. Any dispute over a Member’s average that is not resolved in-house shall be  submitted to the Borough Administrator and Council for review. The Captain shall also keep a record of all dispatches. These records and averages shall be kept in a separate book. At the end of each calendar year, one copy of these records shall be turned over to the Secretary of the Relief Association for permanent filing and signed by the Captain responsible for the averages. D. A roster of all Firematic and Civic Officers, Committees, and Members, signifying their start date, type of Member (i.e., active, retired, exempt, non- exempt, etc.) and position held, if applicable, shall be updated submitted to the Borough Administrator on or before January 31 of each year. Section 7. Section Chapter 33-11, “Reimbursement of Expenses/Clothing Allowance”, subsection B entitled “Eligibility”, shall be replaced with the following: B. Eligibility 1. Members who are active in the River Edge Fire Department are eligible to receive an expense/clothing allowance. An active member is deemed as any member that responds on apparatus to fire calls, attends and participates at training sessions, and complies with sections 2 and/or 3 of eligibility. Members not responding on apparatus, (non-active), will neither receive credit for fire calls nor will s/he receive a clothing allowance. 2. Any member who achieves an annual credit percentage of forty-five (45%) and above shall be entitled to receive the full clothing allowance for his/her rank. A Member’s annual credit percentage is based strictly on their percentage of attendance at dispatches, drills and meetings in accordance the River Edge Fire Department SOP for calculating averages. 3. Any member who fails to achieve an annual credit percentage of forty-five percent (45%) and above shall receive a prorated percentage of the clothing allowance for his/her rank as follows – members with annual credit percentage of between 25% and 44% will receive half of the full amount issued to those with a 45% and above. Those members with an annual credit percentage of 24% and below will not receive any clothing allowance. Section 8. Section Chapter 33-13, “Junior Firefighters Auxiliary”, subsection B, entitled “Age and residency requirement”, shall be amended by the following: Remove: B. Age and residency requirement. No person shall be eligible for membership in the Junior Firefighters Auxiliary who is younger than 15 years of age or older than 17 years of age. All applicants shall either reside within the  Borough of River Edge or shall be related by blood, marriage, or adoption to an active member of the River Edge Fire Department. Add: B. Age and residency requirement. No person shall be eligible for membership in the Junior Firefighters Auxiliary who is younger than 14 years of age or older than 17 years of age. All applicants shall either reside within the Borough of River Edge or shall be related by blood, marriage, or adoption to an active member of the River Edge Fire Department. Section 9. Section Chapter 33-13, “Junior Firefighters Auxiliary”, subsection F, entitled “Rules and regulations”, shall be amended by the following: Remove: F. Rules and regulations. The Junior Firefighters Auxiliary shall be subject to rules and regulations. Said rules and regulations shall be formulated by the River Edge Volunteer Fire Department and approved by the Mayor and Council. Said rules and regulations shall be formulated and approved prior to the induction of a member into the Auxiliary. Said rules and regulations shall provide for the training of Auxiliary members for eventual membership in the River Edge Volunteer Fire Department and shall further provide that no junior firefighter will be required to perform duties which would expose him or her to the same degree of hazard as a regular member of the River Edge Volunteer Fire Department. Add: F. Rules and regulations. The Junior Firefighters Auxiliary shall be subject to rules and regulations. Said rules and regulations shall be formulated by the State Division of Fire Safety and the River Edge Volunteer Fire Department and approved by the Mayor and Council. Said rules and regulations shall be formulated and approved prior to the induction of a member into the Auxiliary. Said rules and regulations shall provide for the training of Auxiliary members for eventual membership in the River Edge Volunteer Fire Department and shall further provide that no junior firefighter will be required to perform duties which would expose him or her to the same degree of hazard as a regular member of the River Edge Volunteer Fire Department. Section 10. Any and all other ordinances or parts thereof in conflict or inconsistent with any of the terms hereof are hereby repealed to such extent as they are so in conflict or inconsistent. Section 11. In case any article, section or provision of this ordinance shall be held invalid in any court of competent jurisdiction, the same shall not affect any other article, section or provision of this ordinance except insofar as the article, section or provision so declared invalid shall be inseparable from the remainder or any portion thereof.  Section 12. This Ordinance shall take effect immediately upon final passage and publication as required by law. INTRODUCED: ADOPTED: ___________________________________ Thomas Papaleo, Mayor ATTEST: _________________________________ Anne Dodd, RMC, CMR Borough Clerk