Mayor & Council

MINUTES Mayor and Council Regular Meeting November 27, 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 7:00 p.m. by Mayor Thomas Papaleo. SILENT PRAYER – FLAG SALUTE Mayor Papaleo asked for a moment of silence for all the hot spots in the world as well as hot spots among families, especially for those who are dying, held captive or in danger. 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, Councilman Benson and Mayor Papaleo. ABSENT: Councilwoman Malellari ALSO PRESENT: Borough Administrator Lissette Aportela Borough Attorney Thomas Sarlo, Esq. Council-Elect Glass 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 #23-312 at 7:02 p.m. #23-312 Resolution to Go Into Closed Session and Exclude Public WHEREAS, the Open Public Meetings Act, NJSA 10:4-12 permits the exclusion of the public from a meeting in certain circumstances; and WHEREAS, this public body is of the opinion that such circumstances presently exist. NOW, THEREFORE BE IT RESOLVED by the Mayor and Council of the Borough of River Edge, County of Bergen, State of New Jersey, as follows: 1. That the public shall be excluded from the November 27, 2023, regular meeting and  discussion of the hereinafter specified subject matter: A. Attorney-Client Privilege – N.J.S.A. 10:4-12(b)(7) 1. Contracts & Change Orders 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 8:08 p.m. ROLL CALL PRESENT: Councilman Chinigo, Council President Kaufman, Councilwoman Montisano-Koen, Councilwoman Kinsella, Councilman Benson and Mayor Papaleo. ABSENT: Councilwoman Malellari ALSO PRESENT: Borough Administrator Lissette Aportela Borough Attorney Thomas Sarlo, Esq. Council-Elect Glass APPROVAL OF MINUTES – On a motion by Councilman Benson, seconded by Councilwoman Montisano-Koen, with Councilwoman Kinsella abstaining from the October 23, 2023 Minutes and all other members present voting in favor, that the Minutes of the Mayor and Council Regular Meeting of October 23, 2023 and the Minutes of the Mayor and Council Regular Meeting of November 13, 2023 are hereby approved. PUBLIC COMMENTS ON ANY ITEM ON THIS AGENDA – On motion by Councilwoman Kinsella, seconded by Council President Kaufman, 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 Chinigo, seconded by Councilman Benson, 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 extension of Hayden Hernandez as temporary intern for the Borough Clerk’s office through December 31, 2023 to inventory files located in the basement of the Public Safety Building at an hourly rate of $15.00 for up to 10 hours per week, effective November 15, 2023. FIRST READING – ORDINANCES – Ordinance #23-24 - #23-26 Motion by Councilwoman Kinsella that the following ordinances be introduced and passed on first reading and setting December 11, 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 ordinances. Second by Councilman Chinigo. Mayor Papaleo read the title of the ordinances into the record: Ordinance #23-24 - An Ordinance Creating a New Chapter in the Revised General Ordinances of the Borough of River Edge, Entitled “Privately-Owned Salt Storage” Ordinance #23-25 – An Ordinance Amending and Supplementing the Revised General Ordinances of the Borough of River Edge, Chapter 400, “Vehicles and Traffic” Ordinance #23-26 – Bond Ordinance to Authorize the Improvement of Bogert Road (Section 8) in, by and for the Borough of River Edge, in the County of Bergen, State of New Jersey, to Appropriate the Sum of $373,252 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 Borough Administrator Aportela advised that Ordinance #23-24 creates a new chapter of the Borough Code regarding privately owned salt storage sheds which is required by the NJ DEP for the Borough’s Tier A Municipal Stormwater Permit. She noted that this ordinance is the first of many that the Borough will be enacting over the next few months. The purpose of Ordinance #23- 25 is to prohibit parking on Summit Avenue when school is in session as well as to place a stop sign on River Street. Ordinance #23-26 is a bond ordinance to fund the Bogert Road Section 8 project for which a grant in the amount of $249,252 was received from the NJ DOT. Borough Administrator Aportela explained that, by bonding for the project now, the Borough Engineer can prepare the bid specs for Bogert Road Sections 7 and 8 which will allow the project to go out to bid in early 2024 and be shovel ready by the summer. 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 #23-24 - #23-26 attached and made a part hereof.) SECOND READING & HEARING ON ORDINANCES Ordinance #23-19 Mayor Papaleo read into the record: The following ordinance published herewith were first read by title only on October 12, 2023 and posted on the bulletin board of the municipal building. Ordinance #23-19 – An Ordinance Amending Chapter 416 in the Revised General Ordinances of the Borough of River Edge, Entitled “Zoning” Public Comments on Ordinance #23-19 Motion by Councilwoman Montisano-Koen, second by Councilman Benson, and all members voting in favor, to open the floor to the public on Ordinance #23-19. No one came forward. Motion by Councilwoman Kinsella, second by Councilman Chinigo, to close the floor to the public on Ordinance #23-19. Motion by Councilman Benson, second by Councilwoman Montisano-Koen, that Ordinance #23-19 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: aye Councilwoman Kinsella: aye Council President Kaufman: aye Councilwoman Malellari absent Councilwoman Montisano-Koen: aye Councilman Benson: aye Ordinance #23-21 - #23-23 Mayor Papaleo read into the record: The following ordinances published herewith were first read by title only on November 13, 2023 and posted on the bulletin board of the municipal building. Ordinance #23-21 – An Ordinance Amending and Supplementing the Revised General Ordinances of the Borough of River Edge, Chapter 400, “Vehicles and Traffic” Ordinance #23-22 – Bond Ordinance to Authorize the Replacement of Sidewalks (Including Construction of ADA Ramps) at Rutgers Place (Phase 2), in, by and for the Borough of River Edge, in the County of Bergen, State of New Jersey, to Appropriate the Sum of $185,000 to Pay the Cost Thereof, to Make a Down Payment, to Appropriate a Federal 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 #23-23 – An Ordinance to Amend Chapter 206 of the Revised General Ordinances of the Borough of River Edge, Entitled Fees Public Comments on Ordinance #23-21 - #23-23 Motion by Councilwoman Kinsella, second by Councilman Chinigo, and all members voting in favor, to open the floor to the public on Ordinance #23-21 through #23-23. Borough Administrator Aportela advised that Ordinance #23-19 establishes required legislation regarding lead paint inspections. Ordinance #23-21 updates the streets on which U-turns are prohibited. Ordinance #23-22 is a bond ordinance for the replacement of sidewalks on Rutgers Place which has been funded through a Community Development Block Grant. Borough Administrator Aportela explained that this ordinance is being adopted now due to the project completion deadline having been moved up from December to June. Ordinance #23-23 adds fees for the Running Club to the Recreation Department fee schedule due to the program beginning in 2024. No one came forward. Motion by Council President Kaufman, second by Councilwoman Kinsella, to close the floor to the public on Ordinance #23-21 through Ordinance #23-23. Motion by Councilman Chinigo, second by Councilman Benson, that Ordinance #23-21 through Ordinance #23-23 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 absent Councilwoman Montisano-Koen: aye Councilman Benson: aye (See Ordinance #23-19 & Ord. #23-21 - #23-23 attached and made a part hereof.) RESOLUTIONS - By Consent Motion by Councilwoman Montisano-Koen, second by Council President Kaufman, that Resolution #23-315 be tabled to the next Mayor and Council meeting. On a roll call, 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 a. #23-313 Authorize Division of Local Government Services American Rescue Plan Firefighter 2024 Grant Application b. #23-314 Appoint Violations Clerk c. #23-315 Approve Change Order #2 – Borough Hall Addition & Alterations – Tabled d. #23-316 Refund of Construction Bond for Shade Trees to A. Capital Improvement e. #23-317 Confirm Endorsement of Community Development Project – 2024 CDBG Kinderkamack Road Improvements f. #23-318 Amend Approval for Additional Engineering Services – Bogert Road – Section 5 g. #23-319 Amend Approval for Additional Engineering Services – Bogert Road – Section 6 h. #23-320 Confirm Emergency Purchase – Replacement of Sewer Pump at Wayne Pump Station i. #23-321 Amend Purchase Order – Fencing for the 2023 ADA Ramps Improvements and Sidewalk Replacement Project & Swim Club and KBG Field Parking Lot Improvements Project j. #23-322 Approve Change Order #1 – FY22 CDBG Sidewalk Replacement at Oxford Terrace and Rutgers Place k. #23-323 Form of Resolution Requesting Approval of Items of Revenue and Appropriation NJS 40A-4-87 Motion by Council President Kaufman, second by Councilman Benson, 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 #23-324 Payment of Bills Council President Kaufman read resolution #23-324 into the record: At a Regular Meeting of the Mayor and Council of the Borough of River Edge, County of Bergen, State of New Jersey, held on November 27, 2023. BE IT RESOLVED, that the Mayor and Council of the Borough of River Edge approve the following expenditures. CURRENT FUND $566,016.21 CAPITAL FUND $207,421.21 TRUST OTHER FUND $ 10,423.61 PAYROLL FUND $ 17,888.00 DEVELOPER’S ESCROW FUND $ 5,301.00 SELF INSURANCE TRUST FUND $ 5,296.00 Motion by Council President Kaufman, second by Councilwoman Montisano-Koen, that Resolution #23-324 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 ******** FOR DISCUSSION – 2024 Mayor and Council Meeting Schedule Borough Clerk Dodd advised that a draft resolution setting the meeting schedule for next year was included as backup for this discussion. She explained that the proposed meeting dates follow the same schedule as this year. She further explained that, in the event that the governing body would like to hold the Sine Die and Reorganization Meeting in a hybrid format at the Library as they did last year, she confirmed that the meeting room is available January 2nd through the 5th beginning at 6 p.m. Should the governing body want to hold all of its meetings in this format going forward, she also confirmed that the meeting space in the Library is available on the proposed meeting dates. As the Library closes at 9 p.m., the Library Director inquired how the situation would be handled should a meeting run past 9 p.m. She stated that meetings currently commence at 7 p.m. and questioned whether there is the ability to start meetings earlier to avoid any issues. It was agreed to follow the 2024 meeting schedule as proposed with meetings commencing at 7 p.m. It was decided that the Sine Die and Reorganization Meeting will be held in a hybrid format at the Library on Friday, January 5th beginning at 6 p.m. It was further agreed that the governing body should hold all 2024 meetings in a hybrid format at the Library. Borough Clerk Dodd is to work with Councilwoman Montisano-Koen and the Library Director to investigate what equipment may be necessary to ensure that there are no connectivity issues. The possibility of paying a staff member overtime to stay late should a meeting run past 9 p.m. was discussed. It was also suggested that, if a meeting runs past 9 p.m., the in- person portion end prior to 9 p.m. and the remainder of the meeting be held solely through Zoom. These possibilities will be discussed with the Library Director. NEW BUSINESS – None. OLD BUSINESS – Construction Projects Update Borough Aportela reported that, as per the Borough Engineer, all projects including Voorhis Drainage Improvements, KBG Parking Lot, North Train Station Parking Lot, Elm Street Sidewalks and CDBG have been completed including the restoration phase. The projects are in the process of being closed out with punch list letters being issued. With respect to Roosevelt Field, Borough Administrator Aportela received confirmation that the scoreboard has been ordered. The footings will be installed in a few weeks with the remaining installation taking place in mid-January. The dugouts will be delivered in January with installation taking place after delivery. SCORE Councilman Benson advised that the lease with Temple Avodat Shalom was able to be renegotiated from $20,000 to $14,000 due to fewer days and less space being utilized. He noted that, although two other options were explored, he is recommending that they move forward with approving the lease agreement with the temple. There were no objections raised to moving forward as recommended. There was discussion regarding the fees that are charged to non-residents who participate in SCORE as well as potential ways to garner more interest from residents to participate in the program. PUBLIC COMMENTS – Motion by Councilwoman Kinsella, second by Councilman Chinigo, and all members present voting in favor, to open public comments. No one came forward. Motion by Council President Kaufman, second by Councilwoman Montisano-Koen, and all members present voting in favor, to close public comment. COUNCIL COMMENTS – Councilwoman Kinsella announced that the Annual Holiday Lighting will take place on December 9th from 4 p.m. to 6:30 p.m. in Memorial Park. ADJOURNMENT – There being no further business to come before the Mayor and Council, on a motion by Council President Kaufman, second by Councilman Chinigo, and unanimously carried, to adjourn this meeting. The meeting was adjourned at 8:46 p.m. Respectfully submitted, Anne Dodd, RMC Borough Clerk  BOROUGH OF RIVER EDGE ORDINANCE NO. 23-24 AN ORDINANCE CREATING A NEW CHAPTER IN THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF RIVER EDGE, ENTITLED “PRIVATELY-OWNED SALT STORAGE” 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. A new chapter entitled “Privately-Owned Salt Storage” is created with the following: § 1 Purpose. The purpose of this ordinance is to prevent stored salt and other solid de-icing materials from being exposed to stormwater. This ordinance establishes requirements for the storage of salt and other solid de-icing materials on properties not owned or operated by the municipality (privately-owned), including residences, in [insert name of municipality] to protect the environment, public health, safety and welfare, and to prescribe penalties for failure to comply. § 2 Definitions. For the purpose of this ordinance, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this Chapter clearly demonstrates a different meaning. When consistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word “shall” is always mandatory and not merely directory. A. “De-icing materials” means any granular or solid material such as melting salt or any other granular solid that assists in the melting of snow. B. “Impervious surface” means a surface that has been covered with a layer of material so that it is highly resistant to infiltration by water. C. “Storm drain inlet” means the point of entry into the storm sewer system. D. “Permanent structure” means a permanent building or permanent structure that is anchored to a permanent foundation with an impermeable floor, and that is completely roofed and walled (new structures require a door or other means of sealing the access way from wind driven rainfall). A fabric frame structure is a permanent structure if it meets the following specifications:  1. Concrete blocks, jersey barriers or other similar material shall be placed around the interior of the structure to protect the side walls during loading and unloading of de-icing materials; 2. The design shall prevent stormwater run-on and run through, and the fabric cannot leak; 3. The structure shall be erected on an impermeable slab; 4. The structure cannot be open sided; and 5. The structure shall have a roll up door or other means of sealing the access way from wind driven rainfall. E. “Person” means any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction. F. “Resident” means a person who resides on a residential property where de- icing material is stored. § 3 Deicing Material Storage Requirements: A. Temporary outdoor storage of de-icing materials in accordance with the requirements below is allowed between October 15th and April 15th: 1. Loose materials shall be placed on a flat, impervious surface in a manner that prevents stormwater run-through; 2. Loose materials shall be placed at least 50 feet from surface water bodies, storm drain inlets, ditches and/or other stormwater conveyance channels; 3. Loose materials shall be maintained in a cone-shaped storage pile. If loading or unloading activities alter the cone-shape during daily activities, tracked materials shall be swept back into the storage pile, and the storage pile shall be reshaped into a cone after use; 4. Loose materials shall be covered as follows: a. The cover shall be waterproof, impermeable, and flexible; b. The cover shall extend to the base of the pile(s); c. The cover shall be free from holes or tears; d. The cover shall be secured and weighed down around the perimeter to prevent removal by wind; and e. Weight shall be placed on the cover(s) in such a way that minimizes the potential of exposure as materials shift and runoff flows down to the base of the pile. 1) Sandbags lashed together with rope or cable and placed uniformly over the flexible cover, or poly-cord nets provide a suitable method.  Items that can potentially hold water (e.g., old tires) shall not be used; 5. Containers must be sealed when not in use; and 6. The site shall be free of all de-icing materials between April 16th and October 14th. B. De-icing materials should be stored in a permanent structure if a suitable storage structure is available. For storage of loose de-icing materials in a permanent structure, such storage may be permanent, and thus not restricted to October 15 -April 15. C. The property owner, or owner of the de-icing materials if different, shall designate a person(s) responsible for operations at the site where these materials are stored outdoors, and who shall document that weekly inspections are conducted to ensure that the conditions of this ordinance are met. Inspection records shall be kept on site and made available to the municipality upon request. 1. Residents who operate businesses from their homes that utilize de-icing materials are required to perform weekly inspections. § 4 Exemptions: Residents may store de-icing materials outside in a solid-walled, closed container that prevents precipitation from entering and exiting the container, and which prevents the de-icing materials from leaking or spilling out. Under these circumstances, weekly inspections are not necessary, but repair or replacement of damaged or inadequate containers shall occur within 2 weeks. If containerized (in bags or buckets) de-icing materials are stored within a permanent structure, they are not subject to the storage and inspection requirements in Section 3 above. Piles of de-icing materials are not exempt, even if stored in a permanent structure. This ordinance does not apply to facilities where the stormwater discharges from de- icing material storage activities are regulated under another NJPDES permit. § 5 Enforcement: This ordinance shall be enforced by the Code Enforcement Official during the course of ordinary enforcement duties. § 6 Violations and Penalties: Any person(s) who is found to be in violation of the provisions of this ordinance shall have 72 hours to complete corrective action. Repeat violations and/or failure to complete corrective action shall be punished by a fine not exceeding $2,000, imprisonment in the county/municipal jail for a term not exceeding 90 days, or a period of community service not exceeding 90 days, or any combination thereof as  determined by the Municipal Court Judge. Each day on which a violation of an ordinance exists shall be considered a separate and distinct violation and shall be subject to imposition of a separate penalty for each day of the violation as the Municipal Court Judge may determine. 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 #23-25 AN ORDINANCE AMENDING AND SUPPLEMENTING THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF RIVER EDGE, CHAPTER 400, “VEHICLES AND TRAFFIC” BE IT ORDAINED by the Mayor and Council of the Borough of River Edge, County of Bergen, State of New Jersey, as follows: Section 1. Section 400-28, entitled “Schedule II: Parking Prohibited During Certain Hours”, shall amended with the following: Add: Name of Street Sides Days/Hours Location Summit Avenue East School Days, from From Continental Avenue to 8:00am to 4:00pm 307 feet south of Lincoln Avenue Section 2. Section 400-33, entitled “Schedule VII: Stop Intersections”, shall amended with the following: Add: Stop Sign on Direction of Travel At Intersection of River Street West Center Avenue Section 3. 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 4. 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 5. 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 #23-26 BOND ORDINANCE TO AUTHORIZE THE IMPROVEMENT OF BOGERT ROAD (SECTION 8) IN, BY AND FOR THE BOROUGH OF RIVER EDGE, IN THE COUNTY OF BERGEN, STATE OF NEW JERSEY, TO APPROPRIATE THE SUM OF $373,252 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 8) 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 $373,252 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 $373,252, and (4) $249,252 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 $124,000, and (6) the cost of said purpose, as hereinbefore stated, includes the aggregate amount of $124,000, 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 $249,252 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 $124,000 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 $124,000 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 $124,000 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. INTRODUCTION: ADOPTION: __________________________________ Thomas Papaleo, Mayor Attest: _________________________________ Anne Dodd, RMC,CMR Borough Clerk/Assistant Borough Administrator