Mayor & Council

MINUTES Mayor and Council Regular Meeting April 10, 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 7:02 p.m. by Mayor Thomas Papaleo. SILENT PRAYER – FLAG SALUTE Mayor Papaleo asked for a moment of silence for all those who have died, are in surgery or have been emotionally injured by what has happened in Louisville, Kentucky. 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 9th of 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. ROLL CALL PRESENT: Councilman Chinigo, Council President Kaufman, Councilwoman Montisano-Koen, Councilwoman Kinsella, Councilwoman Malellari, Councilman Benson 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 Councilman Chinigo, and all present voting in favor, the meeting was adjourned to the Closed Executive Session via Resolution #23-121 at 7:04 p.m. #23-121 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 April 10, 2023, regular meeting and discussion of  the hereinafter specified subject matter: A. Personnel – N.J.S.A. 10:4-12(b)(8) 1. Police Chief Contract 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 meeting resumed at 7:45 p.m. ROLL CALL PRESENT: Councilman Chinigo, Council President Kaufman, Councilwoman Montisano-Koen, Councilwoman Kinsella, Councilwoman Malellari, Councilman Benson and Mayor Papaleo. ABSENT: None ALSO PRESENT: Borough Administrator Lissette Aportela Borough Attorney Thomas Sarlo, Esq. FOR DISCUSSION – PSE&G High Pressure Gas Main Project Borough Administrator Aportela explained that this project involves replacing gas mains with high pressure lines. She noted that, although the ordinance allows utilities to provide a $50,000 bond annually for road work, the ordinance calls for a larger bond when the work exceeds this amount. She advised that the estimated construction costs are $2 million and PSE&G’s legal department will not issue a bond that large. As such, PSE&G is requesting that this requirement be waived. Questions arose as to whether waiving this requirement would impact revenue or be a liability risk. Borough Administrator Aportela noted that there would be no impact on revenue. With respect to liability, she explained that a Certificate of Insurance naming the Borough as additional insured is on file and commented that PSE&G is regulated by the Board of Public Utilities. As such, she confirmed that all responsibility and liability rests with PSE&G. Motion by Councilman Chinigo, second by Council President Kaufman, to waive the additional bonding requirements. On a roll call, the vote was recorded as follows: Councilman Chinigo: aye Councilwoman Kinsella: aye Council President Kaufman: aye Councilwoman Malellari aye Councilwoman Montisano-Koen: aye Councilman Benson: aye APPROVAL OF MINUTES – On a motion by Councilman Benson, seconded by Councilman Montisano-Koen, and all members present voting in favor, that the Minutes of the Mayor and Council Budget Meeting of March 18, 2023 and Mayor and Council Regular Meeting of March 27, 2023 are hereby approved. PUBLIC COMMENTS ON ANY ITEM ON THIS AGENDA – On motion by Councilwoman Malellari, seconded by Councilwoman Kinsella, and all present voting in favor, to open for public comments on any item on the agenda. Patty Almberg, 659 Fifth Avenue, Co-Chair of the Environmental Protection Commission (EPC), advised that the Styrofoam Collection and Shredding Event will be held this Saturday from 9:00 a.m. to 1 p.m. at the DPW. The Second Chance Toy Drive will be held on April 22nd at Cherry Hill from 9 a.m. to 1 p.m. She advised that the EPC will have a table set up at the River Edge Run on April 29th. With respect to discussion under New Business, she explained that the requested resolution will earn points toward the Sustainable Jersey recertification. On a motion by Councilman Chinigo, 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 Council President Kaufman, seconded by Councilwoman Montisano-Koen, and all members present voting in favor, to approve the following appointments and personnel changes: Approve the salary change of Matt Panchi, part-time Police Dispatcher from an hourly Step 1 salary of $22.50 to Step II - $23.75, effective April 25, 2023. Approve the salary change of Carolina Flores, part-time Police Dispatcher from an hourly Step 1 salary of $22.50 to Step II - $23.75, effective March 29, 2023. Approve the salary change of Cecilia Ireola, part-time Police Dispatcher from an hourly Step I salary of $22.50 to Step II - $23.75, effective April 25, 2023 Approve the salary change of Ana Pena, part-time Police Dispatcher from an hourly Step I salary of $22.50 to Step II - $23.75, effective April 25, 2023. Approve the salary change of Kate Sullivan, part-time Police Dispatcher from an hourly Step I rate of $22.50 to Step II - $23.75, effective March 29, 2023. Approve the resignation of Anthony Suarez, Special Counsel for COAH, effective March 29, 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 Protection/Green Team - March 2023 Tax Collector - March 2023 2023 TEMPORARY CAPITAL BUDGET – #23-122 Establish 2023 Temporary Capital Budget Motion by Councilman Benson, second by Councilwoman Malellari, that Resolution #23-122 be  approved. Borough Administrator Aportela explained that this resolution was recommended by the Borough Auditor after review of the Bond Ordinances being introduced this evening. On a roll call, the vote was recorded as follows: Councilman Chinigo: aye Councilwoman Kinsella: aye Council President Kaufman: aye Councilwoman Malellari aye Councilwoman Montisano-Koen: aye Councilman Benson: aye ******** #23-122 Establish 2023 Temporary Capital Budget WHEREAS, the Borough of River Edge desires to establish the 2023 Temporary Capital Budget of said municipality by inserting therein the following projects. NOW, THEREFORE BE IT RESOLVED by the Governing Body of the Borough of River Edge as follows: Section 1. The 2023 Temporary Capital Budget of the Borough of River Edge is hereby established by the adoption of the schedule to read as follows: Temporary Capital Budget of the Borough of River Edge County of Bergen, New Jersey Projects Scheduled for 2023 Method of Financing Budget Capital Self- Appr. Imp. Liquidating Project Est. Costs Grants Fund Fund Debt Bonds Authorized Improvement to Bogert Road 348,240 248,240 100,000 Section 7 Various Public 4,961,747 302,747 409,000 4,250,000 Improvements & Acquisitions Section 2. The Clerk be and is authorized and directed to file a certified copy of this resolution with the Division of Local Government Services Department of Community Affairs, State of New Jersey through the FAST portal, within three days after the adoption of this project for 2023 Temporary Capital Budget, to be included in the 2023 Permanent Capital Budget as adopted.  ******** FIRST READING – ORDINANCES – Ordinance #23-10 & #23-11 Motion by Councilman Chinigo that the following ordinances be introduced and passed on first reading and setting April 24, 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 Council President Kaufman. Mayor Papaleo read the titles of the ordinances into the record: Ordinance #23-10 Bond Ordinance to Authorize the Improvement of Bogert Road (Section 7) In, By and for the Borough of River Edge, in the County of Bergen, State of New Jersey, to Appropriate the Sum of $348,240 to Pay the Cost Thereof, to Appropriate a State Grant, 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 #23-11 Bond Ordinance to Authorize the Making of Various Public Improvements and the Acquisition of New Additional or Replacement Equipment and Machinery, New Information Technology Equipment, New Communication and Signal Systems Equipment and New Automotive Vehicles, Including Original Apparatus and Equipment, in, by and for the Borough of River Edge, in the County of Bergen, State of New Jersey, to Appropriate the Sum of $4,961,747 to Pay the Cost Thereof, to Appropriate Various Grants 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 Borough Administrator Aportela explained that Ordinance #23-10 needs to be separate from Multipurpose Bond Ordinance due to the DOT grant that has been received for the construction costs associated with Bogert Road Section 7. She reviewed what is entailed in this project. With respect to Ordinance #23-11, she advised that this ordinance includes all items within the Capital Plan such as the Borough Hall Repair project, Brookside Park Playground project, and vehicles for both the DPW and Police Department. Borough Administrator Aportela was requested to email the governing to advise the boundaries for the Bogert Road Section 7 project. The vote was recorded as follows: Councilman Chinigo: aye Councilwoman Kinsella: aye Council President Kaufman: aye Councilwoman Malellari: aye Councilwoman Montisano-Koen: aye Councilman Benson: aye (See Ordinance #23-10 & #23-11 attached and made a part hereof.) SECOND READING & HEARING ON ORDINANCES Ordinance #23-7 – #23-9 Mayor Papaleo read into the record: The following ordinances published herewith were first read by title only on March 27, 2023 and posted on the bulletin board of the municipal building. Ordinance #23-7 An Ordinance Creating a New Chapter in the Revised General Ordinances of the Borough of River Edge, Entitled ‘Filming’ Ordinance #23-8 An Ordinance Creating a New Chapter in the Revised General Ordinances of the Borough of River Edge, Entitled ‘Liability Insurance and Annual Registration Requirements for Businesses and Owners of a Rental Unit or Units’ Ordinance #23-9 Calendar Year 2023 Ordinance to Exceed the Municipal budget Appropriation Limits and to Establish a Cap Bank (N.J.S.A. 40A:45-14) Public Comments on Ordinances #23-7 – #23-9 Motion by Councilwoman Kinsella, second by Councilwoman Montisano-Koen, and all members voting in favor, to open the floor to the public on Ordinance #23-7 through #23-9. Borough Administrator Aportela advised that Ordinance #23-7 creates a Filming Ordinance within the Borough Code. She noted that the ordinance is based on the model from the NJ Film Commission and has been vetted by the Legal Review & Codification Committee. She advised that Ordinance #23-8 is being implemented to comply with State law and requires that businesses and rental units provide proof of Liability Insurance. With respect to Ordinance #23-9, she explained that this ordinance establishes a CAP Bank wherein a certain amount can be banked and set aside for future use, noting that this amount will expire if it is not utilized within two years. No one came forward. Motion by Council President Kaufman, second by Councilwoman Montisano-Koen, to close the floor to the public on Ordinance #23-7 through #23-9. Motion by Council President Kaufman, second by Councilwoman Malellari, that Ordinance #23-7 through #23-9 be passed on second and final reading and are hereby adopted and notice of same shall be published according to law. On a roll call, the vote was recorded as follows: Councilman Chinigo: aye Councilwoman Kinsella: aye Council President Kaufman: aye Councilwoman Malellari: aye Councilwoman Montisano-Koen: aye Councilman Benson: aye RESOLUTIONS - By Consent a. #23-123 Approve the Appointment of a Junior Volunteer Firefighter b. #23-124 Resolution Proclaiming April 2023 as National Autism Acceptance Month c. #23-125 Approval Establishing the River Edge Farmer’s Market and Creation of the Farmers Market Committee d. #23-126 Approve the Appointment of a Junior Volunteer Firefighter Motion by Councilwoman Kinsella, second by Councilman Chinigo, that the Consent Agenda be approved. The vote was recorded as follows: Councilman Chinigo: aye Councilwoman Kinsella: aye Council President Kaufman: aye Councilwoman Malellari: aye Councilwoman Montisano-Koen: aye Councilman Benson: aye ******** #23-123 Approve the Appointment of a Junior Volunteer Firefighter BE IT RESOLVED by the Governing Body of the Borough of River Edge that Gabrielle Miela Martinez be and she is hereby appointed as a Junior Firefighter in the River Edge Volunteer Fire Department effective April 10, 2023. #23-124 Resolution Proclaiming April 2023 as National Autism Acceptance Month WHEREAS, autism is a pervasive development disorder affecting the social, learning and behavioral skills of those affected by it; and WHEREAS, as more health professionals become proficient in diagnosing autism, more children are being diagnosed on the autistic spectrum; and WHEREAS, while there is no cure for autism, it is well-documented that if an individual with autism receives treatment early in their lives, it often is possible for those individuals to lead significantly improved lives; and WHEREAS, individuals with autism often require a lifetime of specialized and community support serviced to ensure their health and safety and to support families’ resilience s they manage the psychological and financial burdens autism presents; and WHEREAS, Autism New Jersey, is spearheading an awareness effort in order to educate parents, professionals and the general public about autism and its effects. NOW, THEREFORE, I, Thomas Papaleo, Mayor of the Borough of River Edge do hereby proclaim April 2023 as National Autism Acceptance Month in the Borough of River Edge and urge all employees and residents to participate in our Autism Acceptance Month activities, in order to become better educated on the subject of autistic spectrum disorders. ******** #23-125 Approval Establishing the River Edge Farmer’s Market and Creation of the Farmers Market Committee BE IT RESOLVED, by the Mayor and Council approves the operation of the River Edge Farmer’s Market, conditioned upon the following: 1. The Farmers Market shall use and be restricted to Continental Avenue at Memorial Park, River Edge, New Jersey. 2. The Farmers Market is permitted every Thursday from May 25, 2023 to October 5, 2023. 3. Permitted hours of operation will be from 3:00 P.M. to 7:00 P.M. 4. The Vendors shall be required to enter into a Use and Indemnity Agreement with the Borough of River Edge and  BE IT FURTHER RESOLVED, that the Mayor and Council hereby creates the Farmer’s Market Committee, which will oversee, supervise, and provide rules and regulations for the operation of the farmer’s market. A. The River Edge Farmer’s Market Committee is hereby authorized and established to serve as an advisory committee to the Mayor and Council and Board of Health, and to be responsible for overseeing market operation, recommending to the Board of Health the issuance of applicable licenses, and ensuring compliance with orders of the River Edge Board of Health and the other provisions of this section. B. The Committee shall formulate rules and regulations regarding the operation, conduct and financial controls of the Farmer’s Market, which shall be subject to the approval of the Mayor and Council and the Board of Health. C. The Farmer’s Market Committee shall consist of four persons. At least one committeeperson shall be a member of the Board of Health. At least one committeeperson shall be a member of the Council. At least one committeeperson shall be a Borough resident nominated by the Mayor. At least one committeeperson shall be a Borough resident nominated by the Council. D. The members shall be appointed for one-year terms. The members first appointed shall be appointed for terms ending on January 1 immediately following the year of appointment. E. The members of the Farmer’s Market Committee shall serve without compensation. F. The Farmer’s Market Committee shall hold meetings at least four times per year and shall keep a record of its proceedings. G. The Farmer’s Market Committee shall prepare and distribute to all vendors a list of rules, created and approved as set forth above in Subsection B, to ensure compliance with state, county and local health regulations and the orderly operation of the market. H. The Farmer’s Market Committee shall not have the authority to incur any obligation in the name of or for the account of the Borough of River Edge or the Board of Health. BE IT FURTHER RESOLVED, that the following persons have been appointed to serve on the Farmer’s Market Committee: 1. Council President, Michelle Kaufman, Market Manager 2. Councilwoman Lissa Montisano-Koen 3. Councilwoman Indira Kinsella 4. Theresa Esposito-Citizen 5. Jane Daly – Health Department Representative The members’ term expires on December 31, 2023. ******** #23-126 Approve the Appointment of a Junior Volunteer Firefighter BE IT RESOLVED by the Governing Body of the Borough of River Edge that Maria Victoria Martinez be and she is hereby appointed as a Junior Firefighter in the River Edge Volunteer Fire Department effective April 10, 2023.  ******** #23-127 Payment of Bills Council President Kaufman read resolution #23-127 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 April 10, 2023. BE IT RESOLVED, that the Mayor and Council of the Borough of River Edge approve the following expenditures. CURRENT FUND $1,463,866.48 CAPITAL FUND $ 3,369.78 GRANT FUND $ 1,101.08 ANIMAL CONTROL FUND $ 55.20 TRUST OTHER FUND $ 9,761.99 PAYROLL FUND $ 47,302.00 DEVELOPER’S ESCROW FUND $ 2,818.61 RECREATION TRUST FUND $ 895.41 Motion by Council President Kaufman, second by Councilwoman Montisano-Koen, that Resolution #23-127 be approved. The vote was recorded as follows: Councilman Chinigo: aye Councilwoman Kinsella: aye Council President Kaufman: aye Councilwoman Malellari: aye Councilwoman Montisano-Koen: aye Councilman Benson: aye ******** NEW BUSINESS – Request by Environmental Commission to Endorse a Resolution for Green Building Practices Borough Administrator advised that, as part of the Sustainable Jersey recertification, Patty Almberg, Co-Chair of the Environmental Protection Commission (EPC), has requested that a resolution endorsing green design be adopted. She expressed her opinion that it would be difficult to impose green design on other entities especially given that, due to the cost, the new Borough Hall will not be a green building. Patty Almberg, EPC Co-Chair, stated that, although she understands the Borough Administrator’s concerns, this resolution is just meant to endorse that green measures be considered. It was the consensus of the governing body to list this resolution on the next agenda for consideration. May Historic Preservation Commission Meeting – Hybrid Format Request Councilman Benson advised that the Historic Preservation Commission (HPC) would like to hold its May meeting in a hybrid format the Library and confirmed that the room is available. Concerns were raised that authorizing this request could lead to other boards and commissions making similar requests. It was noted that the Environmental Protection Commission was recently authorized to meet in this format. It was confirmed that this request was granted to allow the EPC to plan for an upcoming event. Councilman Benson is to inquire whether there is a specific reason that HPC would like to meet in this format. Should there not be a specific reason, he is to notify the commission that this request will not be granted. OLD BUSINESS – There was no Old Business. PUBLIC COMMENTS – Motion by Councilman Chinigo, second by Councilwoman Kinsella, and all members present voting in favor, to open public comments. Ken Schuffenhauer, 780 Millbrook Road, reported that the lights at the Memorial Park basketball courts have not been turned on and expressed his opinion that this issue poses a safety risk. He advised that neither Michelle Ryan, Interim Recreation Director, nor the DPW seemed to be aware of this issue. Borough Administrator Aportela is to speak with both Ms. Ryan and Jason Milito, DPW Superintendent, to resolve this issue. Mr. Schuffenhauer asked for a status on the hiring process for the new Recreation Director. Borough Administrator Aportela advised that the deadline for qualified applicants to submit their resume is this Friday. She detailed the hiring process that will be followed once this deadline has passed. Patty Almberg, 659 Fifth Avenue, advised that there is a grant opportunity in the amount of $1,500 which is due Monday. She reviewed the purposes for which this grant can be used and inquired whether any of these items would be of benefit to the Borough. Borough Administrator Aportela and Councilwoman Malellari are to consult on this matter and relay their input to Ms. Almberg. Motion by Council President Kaufman, second by Councilwoman Kinsella, and all members present voting in favor, to close public comment. COUNCIL COMMENTS – Councilwoman Kinsella announced that the REGAL and Little League Opening Day will take place this Saturday from 10:30 a.m. to 11:30 a.m. and will begin at Roosevelt. ADJOURNMENT – There being no further business to come before the Mayor and Council, on a motion by Council President Kaufman, second by Councilwoman Malellari, and unanimously carried, to adjourn this meeting. The meeting was adjourned at 8:40 p.m. Respectfully submitted, Anne Dodd, RMC Borough Clerk  BOROUGH OF RIVER EDGE ORDINANCE #23-10 BOND ORDINANCE TO AUTHORIZE THE IMPROVEMENT OF BOGERT ROAD (SECTION 7) IN, BY AND FOR THE BOROUGH OF RIVER EDGE, IN THE COUNTY OF BERGEN, STATE OF NEW JERSEY, TO APPROPRIATE THE SUM OF $348,240 TO PAY THE COST THEREOF, TO APPROPRIATE A STATE GRANT, 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 improve Bogert Road (Section 7) in, by and for the Borough. Said improvement shall include road resurfacing, sidewalk, curb and driveway apron improvements, where necessary, and all work, materials and appurtenances necessary and suitable therefor, and shall be undertaken in accordance with plans and specifications prepared or to be prepared by the Borough Engineer and hereby approved and incorporated herein by this reference thereto. Such plans and specifications are on file or shall be placed on file with the Borough Clerk and made available for public inspection during regular business hours. It is hereby determined and stated that said road being improved is of "Class B" or equivalent construction as defined in Section 22 of the Local Bond Law (Chapter 2 of Title 40A of the New Jersey Statutes Annotated, as amended; the "Local Bond Law"). Section 2. The sum of $348,240 is hereby appropriated to the payment of the cost of making the improvement described in Section 1 of this ordinance (hereinafter referred to as "purpose"). Said appropriation shall be met from the proceeds of the sale of the bonds authorized and the State grant appropriated by this ordinance. No down payment is required pursuant to the provisions of N.J.S.A. 40A:2-11(c) because this ordinance involves a project to be funded by a State grant. Said improvement shall be made as a general improvement and no part of the cost thereof shall be assessed against property specially benefited. Section 3. It is hereby determined and stated that (1) said purpose is not a current expense of the Borough, and (2) it is necessary to finance said purpose by the issuance of obligations of the Borough pursuant to the Local Bond Law, and (3) the estimated cost of said purpose is $348,240, and (4) $248,240 of said sum is to be provided by the State grant hereinafter appropriated, and (5) the estimated maximum amount of bonds or notes necessary to be issued for said purpose is $100,000, and (6) the cost of said purpose, as hereinbefore stated, includes the aggregate amount of $100,000, which is estimated to be necessary to finance the cost of said purpose, 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.  Section 4. It is hereby determined and stated that the sum of $248,240 received or to be received as a grant from the New Jersey Department of Transportation is hereby appropriated to the payment of the cost of such purpose. Section 5. To finance said purpose, bonds of the Borough of an aggregate principal amount not exceeding $100,000 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 6. To finance said purpose, bond anticipation notes of the Borough of an aggregate principal amount not exceeding $100,000 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 7. Each bond anticipation note issued pursuant to this ordinance shall be dated on or about the date of its issuance, 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 the 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 the Borough and attested by the Borough Clerk or Deputy Borough Clerk. Said officers are hereby authorized to execute said notes and to issue 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 8. It is hereby determined and declared that the period of usefulness of said purpose, according to its reasonable life, is a period of ten years computed from the date of said bonds. Section 9. 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 the Borough, and that such statement so filed shows that the gross debt of the Borough, as defined in Section 43 of the Local Bond Law, is increased by this ordinance by $100,000 and that the issuance of the bonds and notes authorized by this ordinance will be within all debt limitations prescribed by the Local Bond Law. Section 10. 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 said purpose (other than the State grant hereinbefore appropriated which shall be applied to the cost of such purpose, but shall not be applied to the payment of outstanding bond anticipation notes and the reduction of the amount of bonds authorized), shall be applied to the payment of the cost of said purpose, or, if bond anticipation notes have been issued, to the payment of the bond anticipation notes, and the amount of bonds authorized for said purpose shall be reduced accordingly. Section 11. 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 12. The Borough intends to issue bonds or notes to finance the cost of the improvement described in Section 1 of this bond ordinance. If the Borough incurs such costs prior to the issuance of such 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 13. The full faith and credit of the Borough are hereby pledged to the punctual payment of the principal of and 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 14. This ordinance shall take effect twenty days after the first publication thereof after final passage. INTRODUCED: ADOPTED: ____________________________________ Mayor Thomas Papaleo Attest: _________________________________ Anne Dodd, RMC,CMR Borough Clerk/Assistant Borough Administrator  BOROUGH OF RIVER EDGE ORDINANCE #23-11 BOND ORDINANCE TO AUTHORIZE THE MAKING OF VARIOUS PUBLIC IMPROVEMENTS AND THE ACQUISITION OF NEW ADDITIONAL OR REPLACEMENT EQUIPMENT AND MACHINERY, NEW INFORMATION TECHNOLOGY EQUIPMENT, NEW COMMUNICATION AND SIGNAL SYSTEMS EQUIPMENT AND NEW AUTOMOTIVE VEHICLES, INCLUDING ORIGINAL APPARATUS AND EQUIPMENT, IN, BY AND FOR THE BOROUGH OF RIVER EDGE, IN THE COUNTY OF BERGEN, STATE OF NEW JERSEY, TO APPROPRIATE THE SUM OF $4,961,747 TO PAY THE COST THEREOF, TO APPROPRIATE VARIOUS GRANTS, 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, new information technology equipment, new communication and signal systems equipment and new automotive vehicles, including original apparatus and equipment, 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 (including from funds in the Police Outside Duty Trust Fund (the "Police Trust Fund") and in the Borough of River Edge Open Space Trust Fund (the "Borough Open Space Fund")) and the various grants 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 grants hereinafter appropriated, and (3) the amount of each sum which is to be provided by the down payment hereinafter appropriated to finance such purposes, and (4) the estimated maximum amount of bonds and notes to be issued for each such purpose, and (5) 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. Acquisition of new additional or replacement equipment and machinery, new information technology equipment and new automotive vehicles, including original apparatus and equipment, for the use of various Borough departments, offices and agencies, including, but not limited to, the following: Police Department SUV ballistic vests in-vehicle computer equipment Fire Department turnout gear fire hose tablet computers ventilation chain saws Administration computer equipment Department of Public Works ("DPW") roll-off truck with container, plow and spreader Appropriation and Estimated Cost $ 520,500 Down Payment Appropriated $ 25,200 Bonds and Notes Authorized $ 495,300 Period of Usefulness 5 years B. Acquisition of new additional or replacement equipment and machinery for the use of various Borough departments, offices and agencies, including, but not limited to, the following: Police Department fingerprint machine DPW ride-on blower mowers Appropriation and Estimated Cost $ 51,200 Down Payment Appropriated $ 2,600 Bonds and Notes Authorized $ 48,600 Period of Usefulness 15 years  C. Acquisition of new communication and signal systems equipment for the use of the Fire Department consisting of (i) pagers and (ii) mobile radios. Appropriation and Estimated Cost $ 53,000 Down Payment Appropriated $ 2,600 Bonds and Notes Authorized $ 50,400 Period of Usefulness 10 years D. Undertaking of Phase II of the Police Communication Center Update Project. Appropriation and Estimated Cost $ 150,000 Down Payment Appropriated $ 50,000 Bonds and Notes Authorized $ 100,000 Period of Usefulness 10 years E. Undertaking of (i) various traffic and pedestrian safety improvements and equipment acquisitions and (ii) sidewalk, curb and ADA ramp improvements at various locations. Appropriation and Estimated Cost $ 450,000 Down Payment Appropriated $ 21,500 Bonds and Notes Authorized $ 428,500 Period of Usefulness 10 years F. Undertaking of playground and other improvements to Brookside Park. Appropriation and Estimated Cost $ 445,000 County Grant Appropriated $ 144,447 Down Payment Appropriated $ 150,000 Bonds and Notes Authorized $ 150,553 Period of Usefulness 15 years G. Undertaking of various improvements to Kenneth B. George and Roosevelt Fields. Appropriation and Estimated Cost $ 266,825 Down Payment Appropriated $ 12,800 Bonds and Notes Authorized $ 254,025 Period of Usefulness 15 years H. Undertaking of (i) the design phase for the resurfacing of Bogert Road (Section 8) and (ii) resurfacing of the Swim Club parking lot.  Appropriation and Estimated Cost $ 352,227 Down Payment Appropriated $ 16,800 Bonds and Notes Authorized $ 335,427 Period of Usefulness 10 years I. Replacement of the sidewalks (including construction of ADA ramps) at Oxford Terrace and Rutgers Place. Appropriation and Estimated Cost $ 270,000 Federal Grant Appropriated $ 158,300 Down Payment Appropriated $ 12,900 Bonds and Notes Authorized $ 98,800 Period of Usefulness 10 years J. Improvements to public buildings and property. Appropriation and Estimated Cost $ 25,000 Down Payment Appropriated $ 1,200 Bonds and Notes Authorized $ 23,800 Period of Usefulness 15 years K. Undertaking of renovations to the Municipal Building and replacement of the DPW Garage and Salt Shed. It is hereby determined and stated that such public buildings being improved or constructed are or will be of "Class B" or equivalent construction as defined in Section 22 of the Local Bond Law (Chapter 2 of Title 40A of the New Jersey Statutes Annotated, as amended; the "Local Bond Law"). Appropriation and Estimated Cost $2,007,995 Down Payment Appropriated $ 95,700 Bonds and Notes Authorized $1,912,295 Period of Usefulness 15 years L. Undertaking of stormwater drainage and sanitary sewer improvements at various locations. Appropriation and Estimated Cost $ 370,000 Down Payment Appropriated $ 17,700 Bonds and Notes Authorized $ 352,300 Period of Usefulness 40 years -------------------------------------------------------  Aggregate Appropriation and Estimated Cost $4,961,747 Aggregate Grants Appropriated $ 302,747 Aggregate Down Payment Appropriated $ 409,000 Aggregate Amount of Bonds and Notes Authorized $4,250,000 Section 5. The cost of such purposes, as hereinbefore stated, includes the aggregate amount of $503,995 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. Section 6. The sum of $144,447 received or to be received as a grant from the County of Bergen Open Space, Recreation, Floodplain Protection, Farmland and Historic Preservation Trust Fund is hereby appropriated to the payment of the cost of the improvements to Brookside Park authorized in Section 4.F hereof. Section 7. The sum of $158,300 received or to be received as a grant from the Bergen County Community Development Program, pursuant to the Federal Housing and Community Development Act, is hereby appropriated to the payment of the cost of the improvements at Oxford Terrace and Rutgers Place authorized in Section 4.I hereof. Section 8. It is hereby determined and stated that the aggregate sum of $409,000 (consisting of (A) $50,000 in the Police Trust Fund to be used for Purpose 4.D above, (B) $150,000 in the Borough Open Space Fund to be used for Purpose 4.F above and (C) $209,000 appropriated for down payments on capital improvements or for the capital improvement fund in budgets heretofore adopted for the Borough to be used for the purposes, except purposes 4.D and 4.F, in Section 4 above) is now available to serve as the down payment on said purposes. The sum of $409,000 is hereby appropriated from such moneys to the payment of the cost of said purposes. Section 9. To finance said purposes, bonds of said Borough of an aggregate principal amount not exceeding $4,250,000 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 10. To finance said purposes, bond anticipation notes of said Borough of an aggregate principal amount not exceeding $4,250,000 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 11. 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 12. 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 14.75 years computed from the date of said bonds. Section 13. 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 $4,250,000 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 14. 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 (other than the various grants hereinbefore appropriated which shall be applied to the cost of such purposes, but shall not be applied to the payment of outstanding bond anticipation notes and the reduction of the amount of bonds authorized), 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 15. 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 16. 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 17. 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 18. This ordinance shall take effect twenty days after the first publication thereof after final passage. INTRODUCED: ADOPTED: ____________________________________ Mayor Thomas Papaleo Attest: _________________________________ Anne Dodd, RMC,CMR Borough Clerk/Assistant Borough Administrator