Mayor & Council

MINUTES Mayor and Council Regular Meeting April 22, 2024 7:00 P.M. CALL TO ORDER – A Regular Meeting of the Mayor and Council of the Borough of River Edge was held in person at the River Edge Public Library located at 685 Elm Avenue, River Edge, NJ 07661 and virtually via Zoom on April 22, 2024. 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 the people of Israel, Palestine, Ukraine, and anywhere where there is conflict and innocent people are in jeopardy. 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 11th 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: Councilwoman Kaufman, Council President Montisano-Koen, Councilwoman Kinsella, Councilwoman Malellari, Councilman Glass and Mayor Papaleo. ABSENT: Councilman Benson ALSO PRESENT: Borough Administrator Lissette Aportela Borough Attorney John Shahdanian, Esq. APPROVAL OF MINUTES – On a motion by Councilwoman Kaufman, seconded by Councilwoman Kinsella, and all members present voting in favor, that the Minutes of the Mayor and Council Special Meeting of March 18, 2024 are hereby approved. PUBLIC COMMENTS ON ANY ITEM ON THIS AGENDA – On motion by Councilwoman Kinsella, seconded by Councilwoman Malellari, and all present voting in favor, to open for public comments on any item on the agenda. Christine George, 291 Van Saun Drive, inquired as to whether there were any updates regarding the Library and the budget concerns that were discussed at the last meeting. On a motion by Councilwoman Kaufman, seconded by Council President Montisano-Koen, and all present voting in favor, to close public comments on any item on the agenda. Mayor Papaleo confirmed that there are no updates regarding the Library’s budget. MONTHLY REPORTS – Mayor Papaleo advised that the following reports are on file in the Office of the Borough Clerk and available for review: Library Board of Trustees - April 2, 2024 Land Use Board - March 13, 2024 FIRST READING – ORDINANCES – Ordinance #24-12 Motion by Council President Montisano-Koen that the following ordinance be introduced and passed on first reading and setting May 13, 2024 at 7:00 p.m. or as soon thereafter as the as the matter can be heard as the date and time and the River Edge Library as the place and Zoom as the virtual platform for a hearing on said ordinance. Second by Councilwoman Kaufman. Mayor Papaleo read the title of the ordinance into the record: Ordinance #24-12 – A 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 $3,009,981 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 for The Issuance of Such Bonds. Borough Administrator Aportela advised that this ordinance authorizes the purchase of various items as well as the execution of projects that were included in the Capital Budget. The vote was recorded as follows: Councilwoman Kaufman: aye Councilwoman Malellari: aye Council President Montisano-Koen: aye Councilman Benson: absent Councilwoman Kinsella: aye Councilman Glass: aye (See Ordinance #24-09 through #24-11 attached and made a part hereof.) SECOND READING & HEARING ON ORDINANCES Ordinance #24-09 Mayor Papaleo read into the record: The following ordinance published herewith was first read by title only on April 8, 2024 and posted on the bulletin board of the municipal building: Ordinance #24-09 – An Ordinance to Fix the Salary, Wage and Compensation of the Officers and Employees of the Borough of River Edge, in the County of Bergen and State of New Jersey for the Year 2024 Public Comments on Ordinances #24-09 Motion by Councilwoman Kinsella, second by Councilwoman Malellari, and all members voting in favor, to open the floor to the public on Ordinance #24-09. Borough Administrator Aportela explained that the purpose of this ordinance is to establish the minimum and maximum salary ranges for employees included in the ordinance. No one came forward. Motion by Councilman Glass, second by Council President Montisano-Koen, to close the floor to the public on Ordinance #24-09. Motion by Councilwoman Kaufman, second by Councilwoman Kinsella, that Ordinance #24-09 be passed on second and final reading and is hereby adopted and notice of same shall be published according to law. The vote was recorded as follows: Councilwoman Kaufman: aye Councilwoman Malellari: aye Council President Montisano-Koen: aye Councilman Benson: absent Councilwoman Kinsella: aye Councilman Glass: aye Ordinance #24-10 Mayor Papaleo read into the record: The following ordinance published herewith was first read by title only on April 8, 2024 and posted on the bulletin board of the municipal building: Ordinance #24-10 – An Ordinance Amending the Revised General Ordinances of the Borough of River Edge, Chapter 384, Entitled “Trees” Public Comments on Ordinances #24-10 Motion by Councilman Glass, second by Councilwoman Malellari, and all members voting in favor, to open the floor to the public on Ordinance #24-10. Jen Dougherty, 863 Elm Avenue, noted that she has served on the Shade Tree Commission for 25 years and commented that it is not clear what residents are gaining by adopting this ordinance. She questioned many aspects of the ordinance as well as who would be responsible for evaluating trees. She stated that the Borough would be losing Liz Stewart who is an Arborist and works in 20 municipalities. Liz stewart, 178 Wales Avenue, Chair of the Shade Tree Commission, advised that she has been a part of the Commission for 25 years and detailed her qualifications. She commented that this ordinance was drafted behind the scenes over the course of months with the commission having no knowledge until 4 weeks ago. She detailed her concerns with the ordinance as written and pointed out that the DPW has the authority under the current ordinance to remove trees that are an imminent hazard. Kathleen Howlin, 135 Concord Drive, expressed her opinion that the park is important to the community and trees should not be removed as they provide solace for health. She commented that there are two other fields available and no one needs anything new. Patty Almberg, 659 Fifth Avenue, questioned whether the governing body has taken into consideration the costs that will be incurred as a result of this ordinance. She questioned who would be taking over the responsibilities of the Commission and expressed her opinion that what this group does for the community has been grossly underestimated. She commented that this ordinance will cost the Borough with respect to the loss of trees, loss of revenue and increase in salaries. Frank Dougherty, 863 Elm Avenue, echoed Ms. Almberg’s comments. He expressed appreciation to everyone on the Shade Tree Commission and stated that the governing body is wrong on this issue, stating that the negative effects of adopting this ordinance probably will not be seen for a few years. Gavin Stewart, 178 Wales Avenue, remarked that there needs to be a compelling reason to disband this thriving tree program. He expressed concern about the discouraging message that will be sent to future volunteers and commented that it is disappointing that members of the Commission were not consulted on this ordinance. Christine George, 291 Van Saun Drive, commented that expecting a 48-hour turnaround in Section 384- 3(I) has a really chilling effect for volunteers. She expressed concern that the DPW Superintendent can choose not to take the advice of the members of the Committee. Kathleen Murphy, River Edge, encouraged residents to enact a referendum to prevent this ordinance from taking effect. Motion by Councilwoman Kaufman, second by Councilwoman Malellari, to close the floor to the public on Ordinance #24-10. Mayor Papaleo explained that he and Council President Montisano-Koen met with members of the Shade Tree Commission on March 27th and it was made clear at that time that he wished to reappoint everyone who is currently on the Shade Tree Commission. He noted that grants will still be sought and DPW employees have been sent to obtain the necessary certifications. He advised that, although there was a claim that this document is imperfect or legally flawed, three attorneys reviewed it prior to introduction. With respect to trees being cut down, he advised that the DPW Superintendent would be evaluating trees that are of concern to determine whether they should be removed. He noted that, although the current Shade Tree Commission Chair advised that she has notes on the ordinance, he requested those notes three times but did not receive them. Borough Attorney Shahdanian explained that the immunities do not change under the NJ Tort Claim Act by changing from a commission to a committee as a claim would still be subject to the Joint Insurance Fund. With respect to the 48-hour turnaround, he advised that one of the purposes for this clause is to allow the DPW to respond faster, providing better service to the residents. Borough Administrator Aportela explained that, with regard to Ordinance #24-10, the Mayor and Council must adopt this ordinance because the NJ Department of Environmental Protection requires all municipalities to adopt the language concerning tree removal and replacement as part of the Municipal Stormwater Tier A permit by May 1, 2024. She noted that this language applies to both public and private property and the Borough is subject to the same standards of replacing trees that are removed, but are not hazards, so there is no risk of deforestation in River Edge. She commented that the current code does not enumerate the programs that the STC had mentioned at the April 8th meeting and only states to “encourage arboriculture”. By having a Commission, it invokes the state statute of the regulation, planting, care and control of shade and ornamental trees (on public property) shall be exercised by and under the authority of the Commission. If you review the powers of the Shade Tree Commission in 384-6, the state statutory language indicates that the Commission exercises full and exclusive control over regulation, planting, and care; and regulate and control use of the ground surrounding the same. Even Borough improvements affecting trees require consent of the Commission under these current regulations. By reorganizing the group of volunteers from a Commission to an Advisory Committee, Borough Administrator Aportela advised that the state language mandate is eliminated and allows control and accountability to be placed in the hands of the Borough. She further advised that this group will be required to coordinate with the Department of Public Works, Recreation and the Police Department which is not part of the current code due to a Commission having exclusive control and the ultimate say. Municipal language cannot supersede state language. She explained that the encouragement of arboriculture is not being eliminated. She stated that language is actually being expanded to include annual advisement of policies, practices, procedures and actions for the replacement and preservation of shade trees; to be a resource for the Borough in protecting and/or replacing trees; to recommend and develop programs; and to act as a subject matter expert in preparing reports and grants. If this or future Councils wish to grant the Advisory Committee other duties, she explained that it can be done via resolution. Borough Administrator Aportela reiterated that #24-10 must be adopted to meet the NJ Department of Environmental Protection stormwater permitting requirements and to transfer authority over trees to the Borough. She emphasized that it neither eliminates this group of volunteers nor prohibits them from their programs, Arbor Day activities, working with the schools or seeking grants. If anything, it encourages the group to cooperate with various departments for the greater good of the Borough. She noted that any trees removed in the parks due to projects will be replaced as is required. Motion by Councilwoman Kaufman, second by Council President Montisano-Koen, that Ordinance #24-10 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: Councilwoman Kaufman: aye Councilwoman Malellari: aye Council President Montisano-Koen: aye Councilman Benson: absent Councilwoman Kinsella: aye Councilman Glass: aye Ordinance #24-11 Mayor Papaleo read into the record: The following ordinance published herewith was first read by title only on April 8,2024 and posted on the bulletin board of the municipal building: Ordinance #24-11 Calendar Year 2024 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 #24-11 Motion by Councilman Glass, second by Councilwoman Malellari, and all members voting in favor, to open the floor to the public on Ordinance #24-11. Borough Administrator Aportela explained that the annual increase for cap appropriations is based on the inflation index rate for the previous year and no municipality can increase appropriations subject to the spending cap by more than that unless an ordinance is adopted to go up to 3.5%. She further explained that the main purpose of this ordinance is to allow for unused cap to be, on paper only, banked for 2 years. She advised that doing so is a financial planning tool that all municipalities exercise to provide cap relief is there are any large spikes in appropriations. Kathleen Howlin, 135 Concord Drive, questioned whether there is insurance in place in case of an accident. Mayor Papaleo advised that this public comment is only for questions or comments regarding Ordinance #24-10. He noted that there will be another time that comment will be taken later in the meeting. Motion by Councilwoman Kinsella, second by Councilwoman Malellari, to close the floor to the public on Ordinance #24-11. Motion by Councilwoman Kaufman, second by Council President Montisano-Koen, that Ordinance #24-11 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: Councilwoman Kaufman: aye Councilwoman Malellari: aye Council President Montisano-Koen: aye Councilman Benson: absent Councilwoman Kinsella: aye Councilman Glass: aye PUBLIC HEARINGS – 2024 Bergen County Open Space Trust Fund Grant Application – Kenneth B. George Park Improvements presented by Borough Administrator Borough Administrator Aportela explained that they are seeking grant funding to offset 50% of construction costs for improvements to KBG Park. She advised that this funding will be used to construct two pickleball courts to include fencing and seating, a new batting cage as well as additional site improvements to include drainage and chain link fencing with a double swing gate which will help to prevent flooding from damaging the fence and the park. Although it was initially planned to also seek funding for the concession stand, they learned that, due to the structure being fully enclosed, grant funding cannot be sought for this purpose under this grant program. Public Comments on Grant Application On motion by Council President Montisano-Koen, seconded by Councilman Glass, and all present voting in favor, to open for public comments on the grant application. No one came forward. On a motion by Councilman Glass, seconded by Councilwoman Malellari, and all present voting in favor, to close public comments on the grant application. #24-132 Authorize Submission of Grant Application – Bergen County Trust Fund Municipal Program for Park Development for 2024 Motion by Councilman Glass, second by Council President Montisano-Koen, that Resolution #24-132 be approved. Councilwoman Kinsella inquired as to the total cost of this project. Borough Administrator Aportela advised that the total cost is $535,140 which includes everything from mobilization to clean up, noting that $267,570 of this cost is being sought through the grant application. The vote was recorded as follows: Councilwoman Kaufman: aye Councilwoman Malellari: aye Council President Montisano-Koen: aye Councilman Benson: absent Councilwoman Kinsella: aye Councilman Glass: aye RESOLUTIONS - By Consent a. #24-133 Appoint Volunteer Firefighter – Tibus b. #24-134 Approved Change Order #2 – River Edge Police Department HVAC c. #24-135 Approve Emergency Temporary Appropriations for the Purchase of a Vehicle for the River Edge Fire Department d. #24-136 Authorize Purchase of Vehicle for the River Edge Fire Department Under State Contract e. #23-137 Approve Refunds – Recreation Department f. #24-138 Appoint Volunteer Firefighter – Silane g. #24-139 Amend 2024 Meeting Schedule h. #24-140 Approve Change Order #5 – Borough Hall Addition & Alterations i. #24-141 Approve Change Order #6 – Borough Hall Addition & Alterations j. #24-142 Approve Solid Waste Service Agreement with the Bergen County Utilities Authority k. #24-143 Confirm Endorsement of Community Development Project 2024 CDBG Sanitary Sewer Replacement Motion by Councilwoman Kinsella, second by Councilwoman Malellari, that the Consent Agenda be approved. The vote was recorded as follows: Councilwoman Kaufman: aye Councilwoman Malellari: aye Council President Montisano-Koen: aye Councilman Benson: absent Councilwoman Kinsella: aye Councilman Glass: aye ******** #24-144 Payment of Bills Councilwoman Kaufman read resolution #24-144 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 22, 2024. BE IT RESOLVED, that the Mayor and Council of the Borough of River Edge approve the following expenditures.  CURRENT FUND $ 1,905,378.16 GENERAL CAPITAL FUND $ 266,416.96 GRANT FUND $ 1,333.13 ANIMAL CONTROL $ 19.80 TRUST OTHER $ 2,529.91 PAYROLL $ 20,758.84 UNEMPLOYMENT TRUST $ 14.21 DEVELOPER’S ESCROW $ 522.50 RECREATION TRUST $ 695.00 Motion by Councilwoman Kaufman, second by Councilwoman Kinsella, that Resolution #24-144 be approved. The was recorded as follows: all yes Councilwoman Kaufman: aye Councilwoman Malellari: aye Council President Montisano-Koen: aye Councilman Benson: absent Councilwoman Kinsella: aye Councilman Glass: aye ******** PROCLAMATIONS & AWARDS – Arbor Day Proclamation Mayor Papaleo read the following proclamation into the record: PROCLAMATION WHEREAS, In 1872 J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees; and WHEREAS, this holiday, called ARBOR DAY was first observed with the planting of more than a million trees in Nebraska; and WHEREAS, ARBOR DAY is now observed throughout the nation and the world; and WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce oxygen and provide habitat for wildlife; and WHEREAS, trees are a renewable resource giving us paper, wood for our homes, fuel for our fires and countless other wood products; and  WHEREAS, trees in our city increase property values, enhance the economic vitality of business areas, and beautify our community; and WHEREAS, trees, wherever they are planted, are a source of joy and spiritual renewal. NOW, THEREFORE, I, Thomas Papaleo, Mayor of the Borough of River Edge, do hereby proclaim: April 26, 2024 as Arbor Day in the Borough of River Edge, and I urge all citizens to celebrate Arbor Day and to support efforts to protect our trees and woodlands; and FURTHER, I urge all citizens to plant trees to gladden the heart and promote the well-being of this and further generations. NEW BUSINESS – There was no New Business. OLD BUSINESS – 2024 Library Budget Councilwoman Kinsella noted that the governing body has always supported the Library and the programs that they offer for all ages as well as the role that they provide in enriching the community. She noted that funding was provided during the years of COVID even though the Library was closed to the public when other towns did not. She further noted that the governing body has consistently funded the Library above the statutory requirement and this year is no different. As Mayor Papaleo previously stated, she advised that the statutory minimum is approximately $770,000 and the Library is receiving $865,000 which is an additional $95,000. When the Library attributed their reduced hours to budget cuts, she expressed her belief that the entire governing body was completely taken aback as it is not only disheartening but also completely misleading to the public. She commented that seeing so many residents attend the last meeting to express their concerns, frustration and anger over the news was enlightening as it showed how many residents value the Library. Although residents are always encouraged to convey their feelings and thoughts to the governing body, she expressed her belief that these feelings and thoughts were misdirected in this instance as the activities, hours of operation, programming and personnel of the Library are determined by the Library Board. She noted that what is done with the allocated funding is under this Board’s jurisdiction statutorily and this funding allocation is not permitted to be exceeded, a fact of which the Library Board is aware. She emphasized that the Library’s budget was not cut. She finished by stating that it was an arduous process that the governing body went through with this year’s budget and the members have a fiduciary obligation to each resident. She commented that failing to address this unfortunate issue would go against that mandate. She stated that the governing body stands by the introduced budget. PUBLIC COMMENTS – Motion Council President Montisano-Koen, second by Councilwoman Kinsella, and all members present voting in favor, to open public comments. Kathleen Howlin, 135 Concord Drive, inquired as to whether the increased cost of insurance was considered with respect to the project in Memorial Park. She noted that passive and active activities will be taking place at one time and there is potential for an accident. Jen Dougherty, 863 Elm Avenue, detailed concerns with Ordinance #24-10. She expressed gratitude to members of the Shade Tree Commission and current and former employees who have supported the Commission. Liz Stewart, 178 Wales Avenue, expressed her opinion that a lot of the information that was relayed is not correct and commented that only a portion of the model ordinance relating to stormwater should have been incorporated into the current Code. She remarked that it is disheartening to see public officials disregard the good work of volunteers and noted that the governing body can no longer say that it supports trees. Christine George, 291 Van Saun Drive, acknowledged Councilwoman Kinsella’s comments and stated that the Library did delivery service during COVID and provided e-books, the cost of which is much greater than regular books. She again commented on Ordinance #24-10, noting that the 48- hour response time is putting a huge burden on the volunteers. She further commented that if the DPW is responsible for responding, the reference to volunteers should be removed. Kathleen Murphy, River Edge, expressed sympathy to Chief Schlossberg for his loss. She questioned why this meeting was not rescheduled due to Passover. She noted that there have been six Change Orders approved to date for the Borough Hall project and questioned how much more the cost for this project will increase and whether any misappropriation is taking place. She finished by asking for an update on the cannabis dispensary. Motion by Councilman Glass, second by Councilwoman Kinsella, and all members present voting in favor, to close public comment. With respect to Shade Tree, Mayor Papaleo expressed that it has always been his intention to reappoint the current members. In terms of the Change Orders, he noted that anyone who has served in the role of councilperson knows that there are always unforeseen issues when it comes to construction. He provided details on some of the unforeseen issues that have been encountered. Borough Administrator Aportela advised that the Borough is covered under the Bergen County Joint Insurance Fund which covers buildings, personnel, volunteers, parks, programs as well as flooding. She further advised that municipalities are covered under the NJ Tort Claims Act. She confirmed that the Borough has complete and total coverage for which they are assessed annually. Borough Attorney Shahdanian added that the Borough is also covered by the Municipal Excess Liability Fund which provides an additional umbrella of coverage for catastrophic loss. Borough Administrator Aportela advised that the Borough received the Silver Award through the Safety Incentive Awards Program. With respect to the concern raised with the 48-hour response time in Ordinance #24-10, Borough Attorney Shahdanian clarified that the Committee is to make recommendations to the DPW Superintendent within this timeframe and the DPW Superintendent will make the final determination. In regard to rescheduling this meeting due to Passover, Borough Administrator Aportela detailed the process in setting the meeting schedule. She noted that the Borough Clerk reached out to the members regarding tonight’s meeting to confirm whether there would be a quorum or if there would be the need to reschedule. She explained the reasons that Change Orders can occur, noting that they can result in either an increase or decrease in the contractual amount. With respect to cannabis, she confirmed that the Ordinance is in effect and it is anticipated that interested parties will present at the second meeting in May to determine who will be awarded a resolution of support. COUNCIL COMMENTS – Councilwoman Malellari announced that the Environmental Protection Commission will be holding its Styrofoam Collection & Paper Shredding Event on May 4th from 9 a.m. to 1 p.m. at the DPW. Councilwoman Kinsella advised that the River Edge Run will be held this Saturday. The Fun Run will take place at 9 a.m. and the regular run is at 10 a.m ADJOURNMENT – There being no further business to come before the Mayor and Council, on a motion by Councilwoman Kinsella, second by Councilwoman Malellari, and unanimously carried, to adjourn this meeting. The meeting was adjourned at 8:20 p.m. Respectfully submitted, Anne Dodd, RMC Borough Clerk 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 $3,009,981 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 SUVs ballistic vests in-vehicle computer equipment Fire Department turnout gear SUVs Administration computer equipment Department of Public Works ("DPW") pickup truck Appropriation and Estimated Cost $ 417,000 Down Payment Appropriated $ 158,300 Bonds and Notes Authorized $ 258,700 Period of Usefulness 5 years -2-  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: DPW ride-on blower mowers Appropriation and Estimated Cost $ 29,000 Down Payment Appropriated $ 1,500 Bonds and Notes Authorized $ 27,500 Period of Usefulness 15 years C. Acquisition of new communication and signal systems equipment and new automotive vehicles (with a gross vehicle weight rating (GVWR) in excess of 15,000 pounds), including original apparatus and equipment, for the use of various Borough departments, offices and agencies, including, but not limited to, the following: Fire Department pagers mobile radios DPW garbage truck Appropriation and Estimated Cost $ 388,000 Down Payment Appropriated $ 18,600 Bonds and Notes Authorized $ 369,400 Period of Usefulness 10 years D. Continuation of Phase II of the Police Communication Center Update Project. Appropriation and Estimated Cost $ 200,000 Down Payment Appropriated $ 50,000 Bonds and Notes Authorized $ 150,000 Period of Usefulness 10 years -3-  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 $ 291,600 Down Payment Appropriated $ 14,100 Bonds and Notes Authorized $ 277,500 Period of Usefulness 10 years F. Undertaking of various improvements to Memorial Park. Appropriation and Estimated Cost $ 414,681 County Grant Appropriated $ 131,780 State Grant Appropriated $ 70,000 Down Payment Appropriated $ 137,901 Bonds and Notes Authorized $ 75,000 Period of Usefulness 15 years G. Undertaking of the Tree Planting Program. Appropriation and Estimated Cost $ 48,000 Down Payment Appropriated $ 2,300 Bonds and Notes Authorized $ 45,700 Period of Usefulness 15 years H. Undertaking of (i) the design phase for the resurfacing of Bogert Road (Section 9) and (ii) the 2024 Road Resurfacing and Improvement Program (including curbing and sidewalk improvements, where necessary) in, by and for the Borough, as set forth on a list prepared by the Borough Engineer and approved by the Borough Council and directed to be placed on file in the Office of the Borough Clerk and made available for public inspection during normal business hours. It is hereby determined and stated that (i) the Borough Council may, by resolution, amend the list referred to in clause (ii) of the preceding sentence from time to time within the appropriation made hereby and (iii) such roads being improved are 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"). -4-  Appropriation and Estimated Cost $ 831,700 Down Payment Appropriated $ 39,700 Bonds and Notes Authorized $ 792,000 Period of Usefulness 10 years I. Improvements to public buildings and property. Appropriation and Estimated Cost $ 65,200 Down Payment Appropriated $ 3,200 Bonds and Notes Authorized $ 62,000 Period of Usefulness 15 years J. 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. Appropriation and Estimated Cost $ 100,000 Down Payment Appropriated $ 4,800 Bonds and Notes Authorized $ 95,200 Period of Usefulness 15 years K. Undertaking of stormwater drainage and sanitary sewer improvements at various locations. Appropriation and Estimated Cost $ 224,800 Down Payment Appropriated $ 10,800 Bonds and Notes Authorized $ 214,000 Period of Usefulness 40 years ------------------------------------------------------- Aggregate Appropriation and Estimated Cost $3,009,981 Aggregate Grants Appropriated $ 201,780 Aggregate Down Payment Appropriated $ 441,201 Aggregate Amount of Bonds and Notes Authorized $2,367,000 -5-  Section 5. The cost of such purposes, as hereinbefore stated, includes the aggregate amount of $418,278 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 $131,780 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 Memorial Park authorized in Section 4.F hereof. Section 7. The sum of $70,000 received or to be received as a grant from the State of New Jersey Department of Community Affairs is hereby appropriated to the payment of the cost of the improvements to Memorial Park authorized in Section 4.F hereof. Section 8. It is hereby determined and stated that the aggregate sum of $441,201 (consisting of (A) $145,000 in the Police Trust Fund to be used for Purpose 4.A above (Police SUVs only), (B) $50,000 in the Police Trust Fund to be used for Purpose 4.D above, (C) $137,901 in the Borough Open Space Fund to be used for Purpose 4.F above and (D) $108,300 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.A (Police SUVs), 4.D and 4.F, in Section 4 above) is now available to serve as the down payment on said purposes. The sum of $441,201 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 $2,367,000 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. -6-  Section 10. To finance said purposes, bond anticipation notes of said Borough of an aggregate principal amount not exceeding $2,367,000 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 12.81 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 $2,367,000 and that the issuance of the bonds and notes authorized by this -7- 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. -8-