Mayor & Council

MINUTES Mayor and Council Regular Meeting February 16, 2023 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 7:01 p.m. by Mayor Thomas Papaleo. SILENT PRAYER – FLAG SALUTE Mayor Papaleo asked for a moment of silence for those who have lost loved ones as a result of the many mass shootings as well as for those in Syria and Turkey who have both died and live on. He then 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 9ththis 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. ROLL CALL PRESENT: Councilwoman Kinsella, Councilwoman Malellari, Councilman Benson and Mayor Papaleo. ABSENT: Councilman Chinigo, Council President Kaufman and Councilwoman Montisano-Koen ALSO PRESENT: Borough Administrator Lissette Aportela Borough Attorney Thomas Sarlo, Esq. APPROVAL OF MINUTES – Mayor Papaleo noted that there are only three council members present this evening and inquired whether he is required to vote. Borough Attorney Sarlo confirmed that Mayor Papaleo will need to vote on all matters this evening. On a motion by Councilwoman Kinsella, seconded by Councilman Benson, and all members present voting in favor, that the Minutes of the Mayor and Council Regular and Closed Session Meetings of January 23, 2023 and Mayor and Council Special and Closed Session Meeting of February 6, 2023 are hereby approved. MAYOR’S APPOINTMENT – Mayor Papaleo announced that Melissa Borza is being appointed as the Mayor’s Representative to the Library Board for a one-year term through December 31, 2023, effective February 16, 2023. He then administered the Oath of Office to Ms. Borza as well as Shu Lam, Michael Lam, Maryann Komar, and Henry Semmler, the members of the Green Team who are being appointed this evening via Resolution #23-79. Ms. Borza expressed her excitement to be a part of the Library Board, noting that she has served on the Friends of the Library for the past 10 years. Mr. Semmler commented that he has been a member of the Shade Tree Commission for almost 20 years and is happy to be back serving as the Shade Tree Representative to the Green Team. Mr. Lam expressed that both he and his wife are happy to serve on the Green Team, noting that they are first time volunteers. PRESENTATION – Ezio Altamura, Risk Consultant – Annual Risk Manager’s Report Ezio Altamura, Risk Consultant, thanked the governing body for appointing GJEM-Otterstedt Insurance Agency again this year and noted that the agency serves over 30 public entities. He discussed the 2022 Plan of Risk Management and explained the various insurance coverages that are provided to the Borough through the JIF. He noted that, due to excellent claims experience, the Borough enjoys a lower deductible and lower out-of-pocket coinsurance with respect to Public Officials Employment Practices Liability Insurance. As it has become cost prohibitive to purchase Cyber Liability Insurance through a private insurance carrier, he advised that the MEL has formed a Cyber Joint Insurance Fund. He noted that being a member of the Cyber JIF is included in the assessment to the Borough. With respect to Flood Insurance, he advised that the Borough’s premium was reduced due to FEMA’s new risk rating program which resulted in lower deductibles for less cost. He commented that the trend pertaining to accidents and exposures to risk for the Borough has been excellent, explaining that there were no loss-time accidents in 2022. He advised that, due to the hard work of the Borough Administrator, the Borough has achieved the highest tier for cyber coverage. He reviewed some of the trends with respect to exposure across the country which are driving up insurance costs. He ended by highlighting the fact that, in 2021, the Borough received the Safety Incentive Program’s Bronze Award and a check in the amount of $250 as well as a $10,500 dividend due to good claims experience. Mayor Papaleo thanked Mr. Altamura for all that he does for the Borough. PUBLIC COMMENTS ON ANY ITEM ON THIS AGENDA – On motion by Councilwoman Kinsella, seconded by Councilman Benson, 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 Councilman Benson, seconded by Councilwoman Kinsella, and all present voting in favor, to close public comments on any item on the agenda. APPOINTMENTS & PERSONNEL CHANGES – On motion by Councilwoman Malellari, seconded by Councilwoman Kinsella, and all members present voting in favor, to approve the following appointments and personnel changes: Approve the salary increase of Brenton Prisendorf from an annual Sergeant 1 salary of $142,253.00 to Sergeant 2 - $145,180.00 per the contract, effective February 21, 2023.  Approve the salary increase of Patrick Diamond from an annual Sergeant 1 salary of $142,253.00 to Sergeant 2 - $145,180.00 per the contract, effective February 21, 2023. Approve the change of liaison to the Finance Committee from Councilman Benson to Councilwoman Kinsella as Alternate #1, effective February 16, 2023. MONTHLY REPORTS – Mayor Papaleo advised that the following reports are on file in the Office of the Borough Clerk and available for review: Environmental/Green Team - January 2023 Land Use Board - January 11, 2023 Land Use Board - January 25, 2023 Historic Commission - January 2023 Tax Collector - January 2023 Library Board of Trustees - February 2023 FIRST READING – ORDINANCES – Ordinance #23-3 Motion by Councilman Benson that the following ordinance be introduced and passed on first reading and setting March 13, 2023 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 Kinsella. Mayor Papaleo read the title of the ordinance into the record: Ordinance #23-03 - An Ordinance Amending the Revised General Ordinances of the Borough of River Edge, Chapter 79, Entitled ‘Recreation and Cultural Affairs, Department of’. Borough Administrator Aportela advised that the purpose of this ordinance is to clarify the requirements for the position of Director of Recreation and Cultural Affairs as well as to clean up the formatting of the entire chapter. On a roll call, the vote was recorded as follows: Councilman Chinigo: absent Councilwoman Kinsella: aye Council President Kaufman: absent Councilwoman Malellari aye Councilwoman Montisano-Koen: absent Councilman Benson: aye Mayor Papaleo: aye (See Ordinance #23-03 attached and made a part hereof.) SECOND READING & HEARING ON ORDINANCES Ordinance #23-2 Mayor Papaleo read into the record: The following ordinance published herewith was first read by title only on January 23, 2023 and posted on the bulletin board of the municipal building. Ordinance #23-2 An Ordinance to Amend Chapter 206 of the Revised General Ordinances of the Borough of River Edge Entitled Fees Public Comments on Ordinances 23-2 Motion by Councilwoman Malellari, second by Councilwoman Kinsella, and all members voting in favor, to open the floor to the public on Ordinance #23-2. No one came forward. Motion by Councilman Benson, second by Councilwoman Malellari, to close the floor to the public on Ordinance #23-2. Motion by Councilwoman Malellari, second by Councilwoman Kinsella, that Ordinance #23-2 be passed on second and final reading and is hereby adopted and notice of same shall be published according to law. On a roll call, the vote was recorded as follows: Councilman Chinigo: absent Councilwoman Kinsella: aye Council President Kaufman: absent Councilwoman Malellari aye Councilwoman Montisano-Koen: absent Councilman Benson: aye Mayor Papaleo: aye RESOLUTIONS - By Consent As a meeting with the Superintendent is scheduled tomorrow to discuss the Memorandum of Understanding with the Board of Education and REGAL, Mayor Papaleo noted that there is a need to table Resolution #23-88. Motion by Councilman Benson, second by Councilwoman Kinsella, that Resolution #23-88 be tabled to the February 27, 2023 Regular Meeting. The vote was recorded as follows: Councilman Chinigo: absent Councilwoman Kinsella: aye Council President Kaufman: absent Councilwoman Malellari aye Councilwoman Montisano-Koen: absent Councilman Benson: aye Mayor Papaleo: aye a. #23-77 Approve LOSAP Certification List – River Edge Volunteer Ambulance Service b. #23-78 Authorize Execution of Agreement – 2022 Municipal Park Improvement Program Brookside Park: ADA Playground Equipment, Rubberized Surfacing, Pathway c. #23-79 Confirm Appointments to the Green Team d. #23-80 Award Contract – Architectural & Engineering Services – River Edge Police Department Roof Replacement Arcari & Iovino Architects, PC e. #23-81 Approve Solid Waste Service Agreement with the Bergen County Utilities Authority f. #23-82 Authorize Execution of 2022 Municipal Recycling Tonnage Grant Program Reporting Form  g. #23-83 Approve Change Order #1 – 2022 ADA Ramps at Various Locations and Improvements to the Fire Company #1 and Fire Company #2 Parking Lots Project h. #23-84 Approve LOSAP Certification List – River Edge Fire Department i. #23-85 Authorize Redemption and Disbursement of Tax Sale Certificate j. #23-86 Resolution Declaring the Month of February as Black History Month in River Edge k. #23-87 Amend Professional Services Contract – Zoning Officer l. #23-88 Approve Memorandum of Understanding Tabled to February 27, 2023 Motion by Councilwoman Malellari, second by Councilwoman Kinsella, that the Consent Agenda be approved as amended. The vote was recorded as follows: Councilman Chinigo: aye Councilwoman Kinsella: aye Council President Kaufman: aye Councilwoman Malellari absent Councilwoman Montisano-Koen: aye Councilman Benson: aye Mayor Papaleo: aye #23-77 Approve LOSAP Certification List – River Edge Volunteer Ambulance Service WHEREAS, the LOSAP plan for the Borough of River Edge was adopted on May 1, 2000 via Ordinance #1289 (Ord. No. 99-38); and WHEREAS, pursuant to N.J.S.A. 40A:14-191, the River Edge Volunteer Ambulance Service has prepared and submitted a certification list based on records maintained by the River Edge Volunteer Ambulance Service; and WHEREAS, the Borough has reviewed the certification list as submitted by the River Edge Volunteer Ambulance Service, a copy of which is attached hereto and made a part hereof; and WHEREAS, the Consumer Price Index for the year 2022 is 7.8% as stated in Local Finance Notice 2023-01 dated January 6, 2023. NOW THEREFORE BE IT RESOLVED, by the Mayor and Council of the Borough of River Edge, that it does hereby approve the 2022 LOSAP certification list submitted by the River Edge Volunteer Ambulance Service; and BE IT FURTHER RESOLVED that a certified copy of this resolution and the certification list shall be returned to the River Edge Volunteer Ambulance Service for posting for a period of thirty (30) days to allow sufficient time for membership review; and BE IT FURTHER RESOLVED that a certified copy of this resolution and the certification list shall be posted at the Office of the Borough Clerk for a period of thirty (30) days; and BE IT FURTHER RESOLVED that appeals to the certification list must be in writing and shall be mailed to the Borough Clerk and must be received within thirty (30) days of the posting date of the certification list; and BE IT FURTHER RESOLVED that following the thirty (30) day period for filing an appeal, and subject to holding payment of any members being appealed, payment shall be made by the Borough of River Edge to Lincoln National Life Insurance Company and Lincoln Financial Advisors, its agent, for deposit into the LOSAP account in the deferred income program; and BE IT FINALLY RESOLVED that funds for this purpose are available in the 2023 local municipal budget. ******** #23-78 Authorize Execution of Agreement – 2022 Municipal Park Improvement Program Brookside Park: ADA Playground Equipment, Rubberized Surfacing, Pathway BE IT RESOLVED, that the Mayor and Council of the Borough of River Edge wish to enter into a Bergen County Trust Fund Project Contract (“Contract”) with the County of Bergen for the purpose of using a $$144,447.00 matching grant award from the 2022 Funding Round of the Bergen County Open Space, Recreation, Floodplain Protection, Farmland & Historic Preservation Trust Fund (“Trust Fund”) for the municipal park project entitled Brookside Park: ADA Playground Equipment, Rubberized Surfacing, Pathway, located in Block 610, Lot 21, on the tax maps of the of the Borough of River Edge; and BE IT FURTHER RESOLVED, that the Mayor and Council hereby authorize Mayor Thomas Papaleo to be a signatory to the aforesaid Contract; and BE IT FURTHER RESOLVED, that the Mayor and Council hereby acknowledge that, in general, the use of this Trust Fund grant towards this approved park project must be completed by or about December 14, 2024; and BE IT FURTHER RESOLVED, that the Mayor and Council acknowledge that the grant will be disbursed to the municipality as a reimbursement upon submittal of certified Trust Fund payment and project completion documents and municipal vouchers, invoices, proofs of payment, and other such documents as may be required by the County in accordance with the Trust Fund’s requirements; and BE IT FURTHER RESOLVED, that the Mayor and Council acknowledge that the grant disbursement to the municipality will be equivalent to fifty (50) percent of the eligible construction costs incurred (not to exceed total grant award) applied towards only the approved park improvements identified in the aforesaid Contract in accordance with the Trust Fund’s requirements. Professional Services Costs may be reimbursed from grant award’s unexpended balance, should there be a balance. ******** #23-79 Confirm Appointments to the Green Team WHEREAS, the Green Team was established on June 1, 2009, via Resolution #09-251; and WHEREAS, in addition to the mission, goals, and objectives, said resolution listed the appointments to the Green Team. NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Borough of River Edge, that the following appointments to the Green Team are hereby confirmed: • Marie Papaleo (Chairperson) • Henry Semmler – Shade Tree Commission Representative • Laura Hoogstrate- Environmental Protection Commission Representative(s) • Mary Ann Komar, Recreation Commission Representative  • Michael Lam, Resident Member • Shu Lam, Resident Member • Ally Mathews, Resident Member • Chris Leishman, Department of Public Works Representative • Kiera Caslin, RDHS Representative ******** #23-80 Award Contract – Architectural & Engineering Services – River Edge Police Department Roof Replacement Arcari & Iovino Architects, PC WHEREAS, the Mayor and Council has resolved to award a professional services contract for architectural and engineering services for the River Edge Police Department Roof Replacement through a non-competitive process pursuant to N.J.S.A. 19:44A-20.5; and WHEREAS, the Borough Administrator, Lissette Aportela received a proposal prepared by Arcari & Iovino Architects, PC for professional for architectural and engineering services relating to the replacement of the Police Department roof, which includes design, bidding, and construction administration on January 30, 2023, for a fee not to exceed $17,000 for this project; and WHEREAS, the Local Public Contracts Law (N.J.S.A. 40A:11-5) authorizes the execution of such a professional services contract without competitive bidding; and WHEREAS, Anthony Iovino, AIA, PP, LEED of Arcari & Iovino Architects, PC has completed and submitted a Business Entity Disclosure Certification which certifies that he and his architectural 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 architectural firm from making any such reportable contributions through the term of the contract; and WHEREAS, the Chief Financial Officer has certified that funds are available and said certification is attached to the original of this resolution. NOW THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of River Edge, that a professional services contract be awarded to Arcari & Iovino Architects, PC, having its principal office at One Katherine Street in Little Ferry, NJ 07643 for professional architectural and engineering services for design, bidding, and construction administration for the River Edge Police Department roof replacement project for a fee not to exceed $17,000; and BE IT FURTHER RESOLVED that the Business Entity Disclosure and the Determination of Value be placed on file with this Resolution; and BE IT FINALLY RESOLVED, that in accordance with NJSA 40A:11-5 (1)(a)(i) the Borough Clerk shall publish a notice of award of this professional services contract stating the nature, duration, service and amount of the contract, and that the resolution and contract are on file and available for public inspection in the Office of the Borough Clerk in the Record. ******** #23-81 Approve Solid Waste Service Agreement with the Bergen County Utilities Authority WHEREAS, in accordance with and pursuant to the New Jersey Solid Waste Management Act (N.J.S.A. 13:1E-1 et seq.), the County of Bergen constitutes a Solid Waste Management District; and WHEREAS, by Resolution dated December 23, 1980, the Board of County Commissioners of the County of Bergen designated the Bergen County Utilities Authority (BCUA) as the agency empowered to supervise the implementation of the Plan and to, inter alia, take control and responsibility for various solid waste systems and facilities operated in and by the County of Bergen; and WHEREAS, pursuant to and in accordance with the foregoing, the BCUA issued bid specifications for solid waste processing, transport and disposal services and has contracted with several solid waste facilities for the processing and disposal of solid waste generated by participating Bergen County municipalities; and WHEREAS, on April 22, 2021, Waste Management of New Jersey, Inc. (“Waste Management”) was awarded a contract with the BCUA for the acceptance, processing and disposal of municipal solid waste (“Contract 21-04”) effective June 1, 2021 through May 31, 2023; and WHEREAS, on December 22, 2022, the BCUA authorized the extension of the contract for a 1 year for the period commencing June 1, 2023 through May 31, 2024; and WHEREAS, the Borough of River Edge and the BCUA are desirous of entering into a solid waste service agreement, pursuant to which the Municipality shall deliver municipally-generated solid waste to the Waste Management Facility for processing, transportation and disposal, and the BCUA shall provide such solid waste processing, transportation and disposal services to the Borough of River Edge, in a cooperative effort relating to municipal solid waste management; and WHEREAS, the Municipal and County Utilities Authorities Law (N.J.S.A. 40:14B et seq.) authorizes and permits contracting units, such as the BCUA and the Borough of River Edge, to enter into Service Agreements for the services contemplated herein; and WHEREAS, the New Jersey Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.) authorizes and permits contracting units, such as the BCUA and the Borough of River Edge to enter into Service Agreements providing for the services contemplated herein without competitive bidding for same, pursuant to and in accordance with N.J.S.A. 40A:11-5(2); and WHEREAS, the Uniform Shared Services and Consolidation Act (N.J.S.A. 40A:65-1 et seq.) authorizes any local unit of the State to enter into an agreement with any other local unit(s) for the join provision within the several jurisdictions of any service, which any party to the agreement is empowered to undertake within its own jurisdiction; and WHEREAS, the BCUA and the Borough of River Edge are desirous of entering into a Service Agreement for the processing, transportation and disposal of solid waste generated from within the Borough of River Edge pursuant to the terms, conditions, covenants and understandings set within the agreement. NOW THEREFORE BE IT RESOLVED by the Mayor and Council of the Borough of River Edge the Solid Waste Service Agreement with the Bergen County Utilities Authority for the processing, transportation and disposal of solid waste is hereby approved; and BE IT FURTHER RESOLVED that the Mayor and Borough Clerk are hereby authorized to sign said agreement on behalf of the Borough of River Edge. ******** #23-82 Authorize Execution of 2022 Municipal Recycling Tonnage Grant Program Reporting Form BE IT RESOLVED that the 2022 Municipal Recycling Tonnage Grant Program Reporting Form as prepared by Certified Municipal Recycling Coordinator Lisa Hessman is hereby approved; and BE IT FURTHER RESOLVED that Mayor Thomas Papaleo and Certified Municipal Recycling Coordinator Lisa Hessman are hereby authorized to execute said reporting form on behalf of the Borough of River Edge; and BE IT FURTHER RESOLVED that a certified copy of this resolution be forwarded to Certified Municipal Recycling Coordinator Lisa Hessman. ******** #23-83 Approve Change Order #1 – 2022 ADA Ramps at Various Locations and Improvements to the Fire Company #1 and Fire Company #2 Parking Lots Project WHEREAS, via resolution #R22-207, adopted June 27, 2022, the Mayor and Council authorized the award of a contract to AA Berms, LLC., for the 2022 ADA Ramps at Various Locations and Improvements to the Fire Company #1 and Fire Company #2 Parking Lots Project in the amount of $270,409.00; and WHEREAS, N.J.A.C. 5:34-4.7 permits change orders for construction, reconstruction and major repair contracts; and WHEREAS, there is a need to consider Change Order No 1 due to decrease in quantity which resulted in an decrease of $52,379.16; and WHEREAS, the total amount of change orders approved to date including this change order do not exceed the originally awarded contract price by more than 20 percent; and WHEREAS, Change Order No. 1 has been reviewed and approved by the Borough Engineer. NOW THEREFORE BE IT RESOLVED by the Mayor and Council of the Borough of River Edge that it does hereby authorize Change Order No. 1, a copy of which is attached hereto. BE IT FURTHER RESOLVED that the Borough Administrator is hereby authorized to execute Change Order #1. BE IT FURTHER RESOLVED that this Change Order shall increase the final contract price from $270,409.00 to $218,029.84. ******** #23-84 Approve LOSAP Certification List – River Edge Fire Department WHEREAS, the LOSAP plan for the Borough of River Edge was adopted on May 1, 2000 via Ordinance #1289 (Ord. No. 99-38); and WHEREAS, pursuant to N.J.S.A. 40A:14-191, the River Edge Fire Department has prepared and submitted a certification list based on records maintained by the River Edge Fire Department; and WHEREAS, the Borough has reviewed the certification list as submitted by the River Edge Fire Department, a copy of which is attached hereto and made a part hereof; and WHEREAS, the Consumer Price Index for the year 2022 is 7.8% as stated in Local Finance Notice 2023-01 dated January 6, 2023. NOW THEREFORE BE IT RESOLVED, by the Mayor and Council of the Borough of River Edge, that it does hereby approve the 2022 LOSAP certification list submitted by the River Edge Fire Department; and BE IT FURTHER RESOLVED that a certified copy of this resolution and the certification list shall be returned to the River Edge Fire Department for posting for a period of thirty (30) days to allow sufficient time for membership review; and BE IT FURTHER RESOLVED that a certified copy of this resolution and the certification list shall be posted at the Office of the Borough Clerk for a period of thirty (30) days; and BE IT FURTHER RESOLVED that appeals to the certification list must be in writing and shall be mailed to the Borough Clerk and must be received within thirty (30) days of the posting date of the certification list; and BE IT FURTHER RESOLVED that following the thirty (30) day period for filing an appeal, and subject to holding payment of any members being appealed, payment shall be made by the Borough of River Edge to Lincoln National Life Insurance Company and Lincoln Financial Advisors, its agent, for deposit into the LOSAP account in the deferred income program; and BE IT FINALLY RESOLVED that funds for this purpose are available in the 2023 local municipal budget. ******** #23-85 Authorize Redemption and Disbursement of Tax Sale Certificate WHEREAS, at the Tax Sale held on December 17, 2020, Certificate #20-00002 was sold to ATCF II NEW JERSEY LLC, TAXSERV AS CUST on the property known as 206 Lozier Terrace, River Edge, New Jersey, Block: 1209, Lot: 23, owner of record: Welsh, Kenneth & Monica; and WHEREAS, ATCF II NEW JERSEY LLC, TAXSERV AS CUST, had also paid a premium in the amount of $141,300.00 which was held in escrow by the Borough of River Edge; and WHEREAS, a Court Order directing transfer of real property and possession to Kenette Sohmer dated July 5, 2022, was received by the tax office; and WHEREAS, John P. Martin, Paralegal, Litigation Practice Group, has requested a redemption amount on behalf of the owner, Kenette Sohmer, for the above certificate as of February 16, 2023, and has submitted certified funds in the amount of $105,097.74 to redeem the above lien. NOW, THEREFORE, BE IT RESOLVED, that the Accounts Supervisor is hereby authorized to issue two checks, one in the amount of $105,097.74 for the redemption of the lien and one in the amount of $141,300.00, for the premium, which was held in escrow, both payable to ATCF II NEW JERSEY LLC, TAXSERV AS CUST, and the Tax Collector to redeem the lien and adjust her records accordingly. Please make the checks payable to: ATCF II NEW JERSEY LLC, TAXSERV AS CUST  PO BOX 69239 BALTIMORE, MD 21264-9239 ******** #23-86 Resolution Declaring the Month of February as Black History Month in River Edge WHEREAS, Black History Month is celebrated every February in recognition of achievements by Black Americans and all people of African descent in the United States; and WHEREAS, historian and author Dr. Carter G. Woodson created Negro History Week in 1926 to encourage the study of Black life and history, particularly in the nation’s public schools, and the tradition was expanded in 1976 to Black History Month; and WHEREAS, many diverse ethnic and racial groups have all played a vital and positive integral part and contributed to the promulgation of America’s unique social, cultural, scientific, political and economic character; and WHEREAS, the contributions to science, technology, business, arts and cultural innovation by Black Americans and African Americans have been essential to the progress of our nation; and WHEREAS, the Borough of River Edge is desirous of making a bold statement to honor and celebrate the achievements of our African-American citizenry, determines that our municipality should communicate this desire by way of an official declaration for the month of February; and WHEREAS, the Borough of River Edge further promotes appropriate ceremonies and programs during the month of February to enunciate black history. NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Borough of River Edge do proclaim the month of February as Black History Month in the Borough of River Edge. ******** #23-89 Payment of Bills Councilwoman Kinsella read resolution #23-89 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 February 16, 2023. BE IT RESOLVED, that the Mayor and Council of the Borough of River Edge approve the following expenditures. CURRENT FUND $4,492,901.78 CAPITAL FUND $ 469,781.86 GRANT FUND $ 68.85 ANIMAL CONTROL FUND $ 176.40 TRUST OTHER FUND $ 438,428.69  OPEN SPACE FUND $ 461.45 PAYROLL FUND $ 17,452.02 UNEMPLOYMENT FUND $ 1,842.95 DEVELOPER’S ESCROW FUND $ 21,480.00 SELF INSURANCE TRUST FUND $ 49,015.95 Motion by Councilwoman Kinsella, second by Councilwoman Malellari, that Resolution #23-89 be approved. The vote was recorded as follows: Councilman Chinigo: absent Councilwoman Kinsella: aye Council President Kaufman: absent Councilwoman Malellari aye Councilwoman Montisano-Koen: absent Councilman Benson: aye Mayor Papaleo: aye ******** NEW BUSINESS – Councilman Benson noted that an email expressing interest in opening up a cannabis retail business in River Edge was received and commented that he would like to learn more about this proposal. Mayor Papaleo provided some background on this issue and noted that the Borough, like most municipalities, adopted an ordinance that prohibited all five cannabis licenses. He suggested that Councilman Benson and Councilwoman Malellari, as a member of the Legal Review & Ordinance Subcommittee, schedule a meeting to learn more about the proposal. It was agreed that Councilman Benson and Councilwoman Malellari are to schedule this meeting and report back at a future Mayor and Council meeting. OLD BUSINESS – There was no Old Business. PUBLIC COMMENTS – Motion by Councilwoman Kinsella, second by Councilman Benson, and all members present voting in favor, to open public comments. Patty Almberg, 659 Fifth Avenue, Co-Chair of the Environmental Protection Commission, thanked the Mayor and Council for approving the new members of the Green Team and noted that they are working hard to expand their reach within the community. She announced that there will be a Styrofoam and shredding event at the DPW from 9 am to 1 pm on April 15th. The Second Time Toy Drive will be held on April 22nd, the purpose of which is to keep plastic toys out of the landfills and repurpose them to organizations that need them. She advised that she is working on recertification through Sustainable Jersey and thanked the Borough Administrator, Borough Clerk, and DPW for their assistance with the process. Mayor Papaleo requested that Ms. Almberg forward information on these events for posting on his Mayor’s Facebook page. The governing body expressed appreciation to Ms. Almberg for all that she does for the community. Brianne Etter, 711 Elm Avenue, asked for confirmation that public comment is not being accepted on Ordinance #23-3 this evening. Mayor Papaleo responded that, although the public hearing on this ordinance is scheduled for March 13th, Ms. Etter is free to comment this evening. Ms. Etter inquired whether the Assistant Director is a new position. She noted that the Recreation Commission has been involved in hirings in the past and inquired whether they are being taken out of the process. It was clarified that the position is an Assistant to the Director. Mayor Papaleo noted that by creating this position it simply provides the governing body with the ability to hire should they wish and does not necessarily mean that this position will be filled. Borough Administrator Aportela confirmed that the Recreation Commission would not be involved in the hiring process as no other board is involved in the hiring of personnel. She explained the hiring process and noted that the governing body is the hiring authority for the Borough. Ken Schuffenhauer, 780 Millbrook Road, commented that there was a lot of discussion at last night’s Recreation Commission meeting about proposed increases to the field maintenance fees as well as summer camp. He noted that members of the commission expressed concern regarding the proposed increases as it will be putting additional financial obligations on the participants. Councilwoman Kinsella advised that Michelle Ryan, Interim Director, indicated last night that, based upon the feedback that was received, a meeting with the CFO and Borough Administrator will be scheduled to further discuss the fees. Motion by Councilman Benson, second by Councilwoman Malellari, and all members present voting in favor, to close public comment. COUNCIL COMMENTS – Councilwoman Kinsella announced that, due to inclement weather, the free skate night for River Edge residents at Van Saun Park, originally scheduled to take place this evening, has been rescheduled to Monday, February 20th from 5:30 p.m. to 7 pm. ADJOURNMENT – There being no further business to come before the Mayor and Council, on a motion by Councilman Benson, second by Councilwoman Kinsella, and unanimously carried, to adjourn this meeting. The meeting was adjourned at 7:52 p.m. Respectfully submitted, Anne Dodd, RMC Borough Clerk  BOROUGH OF RIVER EDGE ORDINANCE NO. 23-03 AN ORDINANCE AMENDING THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF RIVER EDGE, CHAPTER 79, ENTITLED ‘RECREATION AND CULTURAL AFFAIRS, DEPARTMENT OF’ 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. Chapter 79 entitled “Recreation and Cultural Affairs, Department of” shall be renamed “Department of Recreation and Cultural Affairs” and replaced in its entirety by the following: § 79-1 Establishment. There is hereby established in and for the Borough of River Edge a Department of Recreation and Cultural Affairs (the "Department") to maintain, promote, operate and facilitate the use of Borough-owned or -leased park, playgrounds and recreational facilities. The Department shall design, provide, coordinate, and administer existing and new recreation and cultural programs with the advice of the Recreation Commission and the Cultural Affairs Advisory Committee. § 79-2 Powers and duties of Department. Powers and duties of the Recreation Department are as follows: A. Administer, operate, and have jurisdiction over the use of municipal parks, playgrounds and playfields, facilities for indoor and outdoor sports, and recreational programs. B. Develop and administer recreational programs and related activities; regular and special public events in cooperation with other public and private agencies and organizations or as advised by the Recreation Commission or at the direction of the governing body. C. Maintenance and repairs; trees and shrubbery. (1) Maintain and repair the playfields, playgrounds and recreational areas, the exception being the regulation, planting and care of shade and ornamental trees and shrubbery now located, or which may hereafter be planted, including trimming, spraying, care and protection thereof is subject to the requirements of § 384-6A and C. (2) No tree or shrubbery shall be planted in or removed from any Borough park, playground, recreational area, or other area under the jurisdiction of the Borough or Department without the consent of the Director and the River Edge Shade Tree Commission. Should the Director and Shade Tree  Commission not be able to agree on a planting or removal, the final determination shall be made by the governing body in accordance with § 384-6A. (3) The Department of Public Works Superintendent, or his designee, may direct the removal of a tree, or part thereof, if the Superintendent or designee determines that there is an imminent danger to public safety in accordance with § 384-6C. D. Enforce Borough ordinances, rules, regulations and policies pertaining to the use of recreational facilities and programs. E. Authority to establish, charge and collect a reasonable fee for use of the Borough's recreational facilities and programs or activities subject to approval of the Mayor and Council. F. Authority to solicit sponsorships and accept donations in strict accordance with Borough standards, procedures and applicable statutes. G. Determine, in consultation with other Borough departments, scope, description, manpower and materials costs necessary for the proper maintenance of the Borough's parks, playgrounds, playfields and other facilities. The Department of Public Works shall have the authority to determine the schedule and assignment of manpower for any work conducted to assist the Department. H. Provide advisory opinions to the governing body and Borough departments. § 79-3 Director of Recreation and Cultural Affairs The office of Director of Recreation and Cultural Affairs ("Director") is hereby created. A. The Director shall serve as department head and be responsible for the overall efficient administration, maintenance, direction and development of the Department. The Director may recommend that the Mayor and Council create subordinate offices and positions that may be necessary and if such funds are appropriated. B. Subject to the general oversight by the Mayor and Council, the Director shall be supervised by the Borough Administrator and operate the Department under the auspices of same. Compensation shall be in accordance with policies and procedures for all noncontractual personnel. C. Director. (1) The Director shall serve at the pleasure of the Mayor and Council. Compensation shall be in accordance with policies and procedures for all noncontractual personnel. (2) Prior to appointment, the Director shall be qualified by training and experience in the field of public recreation. The Director shall possess the Certified Park and Recreation Professional (CPRP) and Certified  Playground Safety Inspector (CPSI) certifications from the National Recreation and Park Association (NRPA). If the Director does not possess the CPRP certification upon date of hire, the Director is required to attain the certification within 18 months from the date of hire. If the Director does not possess the CPSI certification upon date of hire, the Director is required to obtain the certification within 24 months from the date of hire. D. The Director shall collaborate with the Recreation Commission and shall seek the advice and consent of the Mayor and Council as may be required in this chapter. § 79-4 Powers and duties of Director. Powers and duties of the Director of Recreation are as follows: A. Administer, plan, supervise, inspect and conduct programs and activities of the Borough's public playgrounds, athletic fields, recreation facilities, regular and special public events, in consultation and cooperation with other public and private agencies and organizations if necessary and/or as recommended by the Recreation Commission or at the direction of the governing body. B. Manage, inspect and maintain all recreational facilities, recreational equipment and services for any properties owned, leased or controlled by the Borough. C. Develop routine maintenance needs for all playfields, playgrounds and other recreational areas; and a schedule thereof. D. Work with the Superintendent of Public Works to determine the scope of work that is to be conducted by the Department of Public Works and personnel and manpower; materials or outside services and required schedule of tasks. The Director must request sufficient funding in the Recreation Department's budget to ensure adequate operating funds are available. E. Supervise and manage any subordinate offices or positions employed under the auspices of the Department. F. Develop, implement and oversee a master schedule, in consideration of advice of the Recreation Commission, to apportion available time for use of Borough recreational facilities, parks or other Borough properties, including leased property or property subject to an interlocal agreement with the River Edge Board of Education, RiverDell Board of Education or other entity. G. Determine specific criteria, in consideration of advice of the Recreation Commission, to which sports organizations are deemed as being under the auspices of the Department. H. Expend departmental funds in accordance with budget appropriations and ordinances. I. With the advice of the Recreation Commission and/or Cultural Affairs Committee, arrange and provide for the concerts, games and contests, and may use and employ such playgrounds or recreation places for the purpose of giving thereon games and contests to provide the funds, in whole or in part, necessary to improve, maintain and police the playgrounds or recreation places under the Department's control. J. Authority to charge and collect a reasonable admission fee for each person entering such playground or recreation place as a spectator during the time or times when the same is being used or employed for such purposes. K. Authority to charge and collect a reasonable service charge from persons using, as participants, special areas and facilities, which require special maintenance and the use of which is restricted to relatively few people, in order to assist in the meeting of the operating costs thereof in whole or in part. L. Pay over all moneys received by the Department to the Chief Financial Officer. These monies will be kept in a dedicated fund used only for the purpose of defraying the expenses of improving, maintaining or policing the playground and recreation places. In order to expend the funding for any of these purposes, the Director, subject to approval of the Mayor and Council, may expend funds from the dedicated account. Any such funds authorized shall be expended in accordance with applicable state and local rules and regulations for public purchasing. M. Recommend and request allocations of available monies that may be available through the Borough's open space tax, for the term if and when authorized from the Mayor and Council. N. Recommend the collection fees and/or other admission or entry charges for registration, enrollment or admission to the recreation programs and activities of the Borough. O. Prepare and submit a proposed operating and capital budget annually to the governing body. The budget may include recommended salary budgets for the proper and efficient operation of the Department for each calendar year. P. Request appropriations for professional services and vendors. Any ongoing maintenance contracts must also be included. Q. Prepare proposals for additional personnel. Said proposals shall include a job description, rationale, recommended work hours and recommended compensation for the position(s) sought to the Borough Administrator. The employment request will be subject to the Borough's personnel hiring procedure. R. Prepare a five-year capital improvement plan identifying replacement or upgrades to existing outdoor/recreation areas/facilities and/or purchase of new equipment and respective estimated costs. S. Investigate and report on any recreational grant opportunities from private, nonprofit and/or public sources and prepare applications regarding same. T. Apply for and maintain membership in the New Jersey Recreation and Parks Association. U. Develop and disseminate promotional materials and inform residents of all available programs and events. V. Recommend and screen all potential program directors, league directors and coaches for review by the Recreation Commission. W. Prepare the agenda, minutes and, unless excused for cause, attend all meetings of the Recreation Commission. X. Establish rules and regulations applicable in the programming and use of parks and recreational facilities with the advice of the Recreation Commission; subject to the approval of the Mayor and Council. Y. Ensure all programs and volunteers are in compliance with background checks, credential programs and required training. Z. Attend meetings of the governing body from time to time to provide periodic reports regarding the activities of the Department or upon request. AA. Prepare and submit an annual report to the Mayor and Council in accordance with § 79-7. BB. Any other duty as directed by the governing body. § 79-5 Assistant to the Director of Recreation and Cultural Affairs A. Subject to the general oversight by the Borough Administrator, the Assistant to the Director (“Assistant”) shall be supervised by the Director. Compensation shall be in accordance with policies and procedures for all noncontractual personnel. B. Appointment of the Assistant to the Director. The Assistant shall be appointed by the Mayor with the advice and consent of the Council. The Assistant shall serve in a part time capacity and at the pleasure of the Mayor and Council. Prior to appointment, the Assistant shall be qualified by training and experience in the field of creative arts, fine arts, music, dance, theater, art education, hospitality or event planning. C. Assesses community needs for cultural programs; plans, organizes, schedules and implements cultural programs and events, in consultation and cooperation with other public and private agencies and organizations if necessary and/or as advised by the Cultural Affairs Advisory Committee or at the direction of the governing body. D. Prepare the agenda, minutes and, unless excused for cause, attend all meetings of the Cultural Affairs Advisory Committee. E. Coordinate with the Director in the development and dissemination of promotional materials and inform residents of all available recreation and cultural programs. F. Develop, implement and oversee a master schedule, in consultation with and in consideration of the advice of the Cultural Affairs Advisory Committee, of events to coordinate with the Director for use of Borough recreational facilities, parks or other Borough properties, including leased property or property subject to an interlocal agreement with the River Edge Board of Education, RiverDell Board of Education or other entity. G. Investigate and report on any grant opportunities from private, nonprofit and/or public sources and prepare applications regarding same. § 79-6 Recreation Commission. A. Creation and composition. There shall be a Recreation Commission which shall be comprised of the Director, seven regular voting members and two alternate members in accordance with the following: (1) Appointment of members. The Mayor shall nominate and, by and with the advice and consent of the Council, appoint all members of the Recreation Commission, including two alternate members of the Recreation Commission, in the manner provided by law for the appointment of Borough personnel. (2) Terms of members and alternate members; vacancies. i. Terms of members and alternate members. (a) All voting members of the Commission, including alternate members, shall be appointed for a period of three years, and until their successors are duly appointed and qualified. (b) Upon adoption of this chapter, the terms for initially appointed regular voting members shall be staggered; three members shall be appointed for a period of three years; two members shall be appointed for a period of two years; and two members shall be appointed for one year to establish rotating vacancies. (c) The terms of the initially appointed alternate members shall likewise be staggered. One alternate shall initially be appointed for one year, and one alternate shall initially be appointed for two years. Alternates shall be designated as Alternate No. 1 and Alternate No. 2. (d) Subsequent terms for all regular members shall be three years and three years for alternate members. Regular members shall serve no more than two consecutive terms unless otherwise approved by the governing body. (e) Upon the adoption of this chapter and for the initial appointments to the Recreation Commission, the terms of the seven at-large voting members and two alternates of the Recreation Commission are to be offered to the sitting members and designated alternates of the previous River Edge Board of Recreation Commissioners. The length of  terms for the reappointments shall be staggered in accordance with the requirements. (f) The members shall be residents of the Borough of River Edge and shall not be employed by the Borough and shall not currently be serving on any other Borough board or commission. ii. Vacancies. Should a vacancy occur otherwise than by expiration of term for either a regular voting member or an alternate member, the Mayor shall appoint, subject to the advice and consent of the Council, a qualified successor to serve for the balance of the unexpired term only. iii. The Commissioners shall serve with no compensation for their services. iv. Alternate members of the Recreation Commission shall vote in the absence of a regular member of the Recreation Commission. Alternate members of the Recreation Commission shall attend all meetings along with the seven members of the Board of Recreation Commissioners and be permitted to participate in all discussions and matters affecting the Recreation Commission. B. Organization of Recreation Commission. (1) The Commission shall develop and adopt bylaws annually. Bylaws may be amended subject to the approval of 2/3 of the regular voting membership. The bylaws must include a definition of the number of members required for a quorum; a schedule of regular meetings for each calendar year; and an attendance policy no stricter than what is permitted by state statute or Borough requirement, whichever is more restrictive. (2) The Commission shall meet on a monthly basis. At least 30 days prior to the end of a calendar year, the Commission shall provide the Borough Clerk with a calendar of meetings for the next year. (3) Meetings shall be held in accordance with the Open Public Meetings Act (OPMA) and the requirements of the Open Public Records Act (OPRA). (4) The Commission shall annually elect a chairperson, a vice chairperson and recording secretary, as well as other such officers it deems necessary to carry out its duties. (5) The Director shall not be responsible for the administration of the Recreation Commission. C. Duties of the Recreation Commission. (1) Advise the Director in the coordination of recreation programs, the development of new initiatives, and the management of existing programs and events. (2) Advise the Director in the preparation of the annual operating and capital budgets for the Department. (3) Advise the Director to arrange and provide for the giving of games and contests and may use and employ such playgrounds or recreation places for the purpose of giving thereon games and contests to provide the funds, in whole or in part, necessary to improve, maintain and police the playgrounds or recreation places under the Department's control. (4) Advise to the Director reasonable admission fees for each person entering such playground or recreation place as a spectator during the time or times when the same is being used or employed for such purposes. (5) Advise the Director a reasonable service charge from persons using, as participants, special areas and facilities which require special maintenance and the use of which is restricted to relatively few people, in order to assist in the meeting of the operating costs thereof in whole or in part. (6) Assist the Director in the identification and prioritization of short-term, intermediate and long-term capital improvements. (7) Conduct studies or advise the Mayor and Council and/or the Director regarding any such matters referred to the Commission and report in writing findings and conclusions as soon as reasonably possible. (8) Advise the Director on guidelines for the recreational use of playgrounds and recreational facilities in the Borough, consistent with rules governing the use thereof. Such guidelines shall be reviewed on a periodic basis and updated as necessary. (9) Advise on any guidelines or policies developed by the Director. (10) Advise the Director on recreation programs, activities, functions and improvements which will economically and effectively promote the cause of recreation and for all residents of all age groups in the Borough, including special needs programs and programs for seniors, teens and families. (11) Assist the Director upon request to formulate policies, codes of conduct, and rules and regulations for the purpose of carrying out the objectives of the Borough's recreation programming. (12) Promote volunteerism for recreation and park programs.  (13) Assist the Director upon request in disseminating information to the public to advertise existing or new programs or activities and soliciting public comments and feedback in return. (14) Assist the Director upon request in determining specific criteria for designating an organization, league or program as a "youth sports organization." (15) Create any subcommittee of the Commission members or an advisory committee consisting of representatives from each of the Borough's youth sports organizations or league; said organization must operate under the auspices and authority of the Department. (16) Provide input and provide assistance to the Director upon request to the preparation of the Recreation Department's annual report to the governing body in accordance with § 79-7, Annual report. § 79-7 Annual report. A. The Director shall submit, not less than annually, a report to the governing body as to the activities of the Department. The Recreation Commission may assist in the development and preparation of the report and/or any element required therein. B. The report shall include, but not be limited to: (1) A summary of recreational programs offered under the auspices of the Department that should also include the number of participants. (2) A summary of routine or special maintenance activities undertaken and the cost(s) thereof for Borough recreation facilities or equipment and replacement for the calendar year. (3) A summary table of revenue and expenditures for programs and events sponsored or conducted under the auspices of the Department. (4) A program of routine and periodic maintenance necessary to physically maintain the recreational facilities and improvements located within the Borough of River Edge and subject to the jurisdiction thereto. (5) Recommendations to expand, modify or eliminate existing recreational programs or recommendations for new programs. (6) An inventory of all Borough property owned, leased or subject of an interlocal agreement with the River Edge Board of Education or any other entity and equipment as well as details of the state thereof. (7) An assessment by the Director of the adequacy of the facilities and to what extent the needs of the public are being met. (8) Should it be determined that a leased property or property subject of an interlocal agreement with the River Edge Board of Education is determined to no longer adequately meet the needs of the public, provided  alternatives and cost estimates for consideration by the Mayor and Council shall be included. (9) An assessment of the effectiveness of maintenance programs to maintain and care for the recreational facilities and parks of the Borough of River Edge and recommendations and cost estimates for consideration by the Mayor and Council. (10) Five-year capital plan with recommendations for improvements of recreational facilities and the cost(s) thereof. § 79-8 Cultural Affairs Advisory Committee. A. Creation and composition. There shall be a Cultural Affairs Advisory Committee which shall be comprised of the Assistant to the Director of Recreation and Cultural Affairs and a minimum of seven members is hereby established by the Borough of River Edge. A member of the Borough Council shall serve as a member of the Cultural Affairs Advisory Committee and liaison to the governing body. The membership shall serve a three-year term and further consist of: 1. A representative of the River Edge School District, Board of Education and/or parent-teacher organization. 2. The Director of River Edge Library or his/her designee. 3. A representative of the River Edge Cultural Center or any successor organization or local organization dedicated to cultural activities or someone with expressed knowledge and interest in same. 4. The remaining members shall be appointed by the Mayor with the advice and consent of the Council. They shall be residents of the Borough of River Edge and shall not be employed by the Borough and shall not currently be serving on the Recreation Commission. In the event of a vacancy occurring on the Committee other than by expiration of a term, such vacancy shall be filled by the Mayor and Council for the unexpired term. B. Purpose. The intent and purpose of the Committee is to coordinate and/or conduct cultural and performing arts programs, such as but not limited to art exhibits, plays, operas, concerts, dance recitals and other similar activities and programs, for the benefit of the residents of the Borough of River Edge. C. Qualifications. Members of the Committee shall be residents of the Borough and should have some background, either through education or experience, associated with cultural and/or performing arts. In the event that such persons are not available or willing to serve, then any residents of the Borough deemed qualified by the governing body may be appointed to serve. D. The members of the Committee shall serve without remuneration. E. Organization of the Cultural Affairs Advisory Committee. The Committee shall meet immediately after January 1 of each year for the purpose of reorganization. The agenda at this meeting should include the election of officers, establishing dates and places of meetings, adoption of bylaws or rules of procedure and such other business as may properly come before the Committee at the annual reorganization meeting. (1) The Committee shall designate one of its members to serve as its Chairperson and presiding officer and may designate such other officers, such as Secretary, Treasurer and any other officers, deemed necessary to conduct its affairs. F. Duties of the Cultural Affairs Advisory Committee. With the advice and consent of the governing body, and the Assistant to the Director of Recreation and Cultural Affairs, the Cultural Affairs Advisory Committee may be granted the following duties in discharging its intent and purpose: (1) The Committee may be empowered to advertise, prepare, print and distribute pamphlets, brochures, maps, books or other reading materials which are necessary for the promotion of any programs, projects or activities under its authority. (2) The Committee shall have the power to appoint subcommittees of the general citizenry in specific areas of the cultural and performing arts, such as dance, art, music, and theater, for the purpose of assisting the Committee in developing and offering specific programs and activities. (3) Meetings shall be held in accordance with the Open Public Meetings Act (OPMA) and the requirements of the Open Public Records Act (OPRA). (4) The Committee shall file an annual report of its activities and budgetary expenditures with the governing body on or before December 31 of every calendar year. (5) In cooperation with the Assistant to the Director of Recreation and Cultural Affairs, the Committee may apply for any state, federal or private grants for the purpose of advancing the arts within the Borough. G. Funding; deposit and expenditure of funds. The governing body may appropriate such sum in each year's current fund budget as may be determined by the governing body to be necessary for the purpose of the Committee. Should the Committee receive any gifts, donations or bequests, such funds shall be deposited in a trust fund account and shall not be utilized for any cultural or performing arts program, project or activity without the prior approval of the governing body. Dedicated funds shall be spent for the purpose for which the funds were received in accordance with the Local Budget Law, N.J.S.A. 40A:4-1 et seq. § 79-9 Continuance of existing regulations, policies and codes. Any rules, regulations, policies or code of conduct previously adopted and enforced by the Recreation Commission, Cultural Affairs Advisory Committee and Director prior  to the date of adoption of this chapter shall remain and continue in full force and effect until further order by the appropriate jurisdiction. Section 2. 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 3. 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 4. 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/Assistant Borough Administrator  BOROUGH OF RIVER EDGE ORDINANCE #23-2 AN ORDINANCE TO AMEND CHAPTER 206 OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF RIVER EDGE, ENTITLED FEES. BE IT ORDAINED by the Mayor and Council of the Borough of River Edge that the following amendments to Section 206-2 entitled “Schedule of Fees” are hereby approved: Section 1. Subsection L shall be amended by the following: Delete: L. Police outside duty: $135 per hour. Add: L. Police outside duty: (1) For commercial entities and utility companies- $135 per hour with a 4-hour minimum (2) For all other entities - $135 per hour Section 2. Subsection EE shall be amended by the following: Delete: Variance applications $300 (3 or fewer variances) Bulk variances $300 for an application requesting three or less variances, and an additional $150 per variance for each variance application requesting more than three variances. Use variances An application of $1000, a minimum of $1,500 in escrow Each additional variance over 3 $150 Add: Variance applications $350 (3 or fewer variances) Bulk variances $350 for an application requesting three or less variances, and an additional $200 per variance for each variance application requesting more than three variances. Use variances An application of $1500, a minimum of $2,000 in escrow Each additional variance over 3 $200 Legal Escrow $450  Section 3. Subsection LL shall be created with the following: LL. Land Use Board – Planning (Commercial) Fees: (1) Application Fee $500 (2) Escrow Fees: Minor Site Plan: For development application where the square footage of the building(s) is not greater than 3,000 sq. feet. Engineering Escrow $2,000 Legal Escrow $1,500 Planner Escrow $1,000 Major Site Plan: For development applications where the square footage of the building(s) is in excess of 3,000 sq. feet. Engineering Escrow $5,500 Legal Escrow $3,000 Planner Escrow $3,000 Minor Sub-Division: For development of three or less lots as defined by Borough Ordinance Engineering Escrow $2,000 Legal Escrow $1,000 Planner Escrow $1,000 Major Sub-Division: For development of more than three lots as defined by Borough Ordinance Engineering Escrow $5,000 Legal Escrow $3,000 Planner Escrow $3,000 Use Variances: Engineering Escrow $2,000 Legal Escrow $2,000 Planner Escrow $2,000 Section 4. 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 5. 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 6. 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/Assistant Administrator