Mayor & Council Meeting

MINUTES Mayor and Council Regular Meeting October 12, 2021 6:50 P.M. Meeting held via Zoom CALL TO ORDER – Mayor Papaleo called the meeting to order at 6:50 p.m. in the Council Chambers of the Borough Hall. The Mayor informed everyone that there was a delay due to technical issues and a new link was posted on the borough website for the public. SILENT PRAYER – FLAG SALUTE Mayor Papaleo called for a moment of silent reflection and led the salute to the flag. STATEMENT – Mayor Papaleo read the Statement of Compliance into the record. Statement of Compliance with Open Public Meeting Act: This meeting complies with the Open Public Meeting Act by notification on January 8th of this location, date and time to the Ridgewood News and the Record and by posting of same on the municipal bulletin board and Borough Web Site and filing a notice of the same with the Municipal Clerk. ROLL CALL – Councilwoman Busteed, Councilman Chinigo, Councilman Gautier, Councilwoman Kaufman, Councilwoman Kinsella, Councilwoman Montisano-Koen and Mayor Papaleo were present. APPROVAL OF MINUTES On motion by Councilman Chinigo, seconded by Councilwoman Busteed, the minutes of the Mayor and Council Regular Meeting of September 27, 2021 were unanimously approved. On motion by Councilman Chinigo, seconded by Councilwoman Busteed the minutes of the Mayor and Council Closed Session of September 27, 2021 were unanimously approved. FOR DISCUSSION – Lissette Aportela, Borough Administrator- gave an update on capital purchases and projects that are moving forward. Robert Costa, Borough Engineer-reported that they had an onsite meeting on Continental Avenue last week and the project is moving forward. If all goes as scheduled, milling and paving will take place before Halloween, or shortly thereafter and they will try to do the work in parking lot simultaneously in order to have the project completed by December 1st. Mr. Costa reported that as far as the fields at KBG, samples were taken today and we should receive results in two weeks. He feels that they should err on the side of caution because we want to make sure it’s safe for children to come back on the fields to play. He asked that everyone have a little patience and hope that the results come back below DEP standards. Lissette Aportela-reported that with regard to Company #2 repairs, our DPW Superintendent has been working with Assistant Chief Cariddi and they’re waiting to finalize what is being submitted to the insurance company. The main factor is getting contractors to come out and provide estimates on the damages. Councilwoman Busteed-said that two residents who were at the River Clean-up on Saturday were told that regardless of how the tests come back, that KBG would be ripped up and redone in its current form. She asked if there is any validity to that? Lissette Aportela-replied that they may be confusing the pending project of the Open Space Grant for the field. She said that simultaneously we’re still moving forward and Costa Engineering is conducting the survey so that they can submit the letter of interpretation application to whatever the required permits are for DEP to authorize what can or cannot be done on that site. Robert Costa- said that there’s nothing out to bid to redo the fields so we’re not even close to that yet. Diwali Event – Lissette Aportela – explained that there was an invitation for the event this weekend and it had an indication with the borough logo that it was co-sponsored with Recreation. At the same time there were fees listed for entrance to the event. To prevent any confusion, the co- sponsored part was that Recreation would supply tables and chairs. Any flyers that had gone out since Thursday or Friday did not have the borough seal on them anymore. Any fees being assessed for the event are the fees that are incurred by the event organizers for food, entertainment, rentals, etc. so that way it would be a wash. She said that the fees are not being assessed by the borough and it is not a revenue generating event for the borough. Councilwoman Busteed-said that the Department of Recreation and Cultural Affairs work very hard to embrace all members of our community and work to support their efforts. Her understanding is that Cultural Affairs and Recreation Department was simply trying to do that and partner with the Diwali organizers to promote the event as they have with other events. She was disappointed that they removed the borough logo from this and thinks that there’s an opportunity to clarify and still allow the borough’s Department of Recreation and Cultural Affairs help promote this program. Councilwoman Kinsella-thanked Lissette for explaining what happened and also thanked Councilwoman Busteed for her comments. PUBLIC COMMENTS ON ANY ITEM ON THIS AGENDA – On motion by Councilman Gautier, seconded by Councilwoman Kaufman to open for public comments on any item on the agenda was unanimously approved. Cindy Bequeaith-745 7th Avenue-questioned why they would put ramps on Continental Avenue that stick so far out in the street which lessens the width of the road. She said that there had been previous discussions that were against that. Robert Costa-explained that we’re basically joining the park together. He said that once the project is complete, the public will get an idea of what they’re trying to do. They’re trying to slow traffic as well as join the parks together. Cindy Bequeaith-commends them for trying to slow the traffic on that street. Robert Costa-said that the project will be done sometime in November and once it’s done the public will understand what they’re trying to accomplish. He feels that it will make it a much safer park and roadway. Cindy Bequeaith-asked if the ramps are going to stay out that far? Robert Costa-replied, yes. Once the striping is in and the public gets used to it, it will be easier to cross and will be a benefit to the community. Priti Dhariwal- explained why she feels it would be beneficial to have this event under the umbrella of Cultural Affairs and the Borough. She also explained although Recreation provided tables and chairs, it isn’t enough because they incur other expenses for food, entertainment, etc.  On motion by Councilwoman Montisano-Koen, seconded by Councilwoman Kinsella to close public comments on any item on the agenda was unanimously approved. APPOINTMENTS & PERSONNEL CHANGES – On motion by Councilwoman Busteed, seconded by Councilman Gautier, the salary and title change of Anthony Naem, Department of Public Works from Equipment Operator II, Step I - $64,630.00 to General Repair II, Step I - $66,159.00, effective December 1, 2021 was unanimously approved. MONTHLY REPORTS – Tax Collector - September 30, 2021 Library Board of Trustees - October 2021 Building Department - September 2021 SECOND READING & HEARING ON ORDINANCES Mayor Papaleo read the title of Ordinance #21-25 into the record. Ordinance #21-25 AN ORDINANCE AMENDING THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF RIVER EDGE, CHAPTER 33, ENTITLED ‘FIRE DEPARTMENT’ Ordinance #21-25 was introduced by Councilwoman Busteed, seconded by Councilwoman Kinsella and unanimously approved at the September 27, 2021 meeting as follows: BOROUGH OF RIVER EDGE ORDINANCE NO. 21-25 AN ORDINANCE AMENDING THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF RIVER EDGE, CHAPTER 33, ENTITLED ‘FIRE DEPARTMENT’ BE IT ORDAINED by the Mayor and Council of the Borough of River Edge, County of Bergen, State of New Jersey, as follows: Section 1. Chapter 33 entitled “Fire Department” shall be replaced in its entirety by the following: § 33-1. – Administration/Supervision A. The Fire Department is within the Department of Administration. The Fire Department shall be under the general control of the Mayor and Borough Council and shall be subject to such ordinances and rules and regulations as shall now be in effect or may hereafter be enacted by the Borough Council. The Officers of the Fire Department shall be responsible to the Mayor and Borough Council for all fire- fighting activities and for the repair, upkeep, care and control of all Borough equipment. Further, the Mayor and Borough Council, through the Board of Fire Officers, shall have the primary responsibility for setting the general policies of the Fire Department. B. Notwithstanding, the Members of the Fire Department, whether on the scene of an incident or drill, in either firehouse or attending any departmental function, shall be under the supervision and subject to the direction of the Chief or, during his absence or incapacity, the Assistant Chief. In the absence of the Assistant Chief, the Deputy Chief will be in charge. In the absence of the above officers, where both Captains are in attendance, the Captain from the Assistant Chief’s Company shall be deemed the senior officer. In the absence of the above officers where both First Lieutenants are in attendance, the First Lieutenant from the Assistant Chief’s Company shall be in charge. In the absence of the above officers, where both Second Lieutenants are in attendance, the Second Lieutenant from the Assistant Chief’s Company shall be in charge. In the absence of the above officers, the Fire Department’s By-Laws shall control. C. Supervision of the Fire Department is subject to the departmental rules and regulations and standard operating procedures and, as stated above, is under the general control of the Mayor and Council of the Borough of River Edge. § 33-2. – Composition The Fire Department shall consist of two (2) companies, to be known as Company 1 and Company 2, and other such volunteer companies as the Borough Council may hereafter officially designate and appoint to combat and extinguish fires in the Borough of River Edge. The Department shall consist of an active force to be limited to the number prescribed by state law; each Company shall be limited to fifty percent (50%) of the state allowance, including active exempts. The Fire Department shall consist of a Chief, an Assistant Chief, a Deputy Chief, two (2) Captains, two (2) First Lieutenants and two (2) Second Lieutenants, as well as such other firefighters as may be appointed. The duties of the companies and their personnel shall be as designated and determined from time to time by the Chief or, in his absence, the Assistant Chief. There may be established under this article such additional companies and staffing levels as may be deemed necessary by the Chief Officers in conjunction with the Mayor and Borough Council. § 33-3. – Fire Officers The Fire Officers of the Department shall be a Chief, an Assistant Chief, a Deputy Chief, and for each Company: Captain, First Lieutenant, and Second Lieutenant. To be eligible to hold any Fire Officer position a member must be in good standing, comply with all applicable residency requirements, have an average of FIFTY percent (50%) attendance at dispatches, drills, and meetings, as calculated per the River Edge Fire Department SOP for calculating averages, and must have been a member of the Department for at least two (2) years beyond the probationary period. A Captain shall complete NIMS requirements to ICS level II and III in his first year as Captain. A. Chain of Command 1) When the Department is not on active duty, it shall be under the general supervision of the Chief of the Department; provided, however, that such supervision shall be subject to and not in conflict with the latest Borough ordinances, Fire Department Bylaws, or the Department rules and regulations. 2) When the Department is attending a fire or other emergency, it shall be under the absolute control of the Chief of the Department. In the absence of the Chief, the Assistant Chief will be in charge. In the absence of the Assistant Chief, the Deputy Chief will be in charge. In the absence of the above officers, where both Captains are in attendance, the Captain from the Assistant Chiefs Company shall be deemed the  senior officer. In the absence of the above officers where both First Lieutenants are in attendance, the First Lieutenant from the Assistant Chief Company shall be in charge. In the absence of the above officers, where both Second Lieutenants are in attendance, the Second Lieutenant from the Assistant Chiefs Company shall be in charge. In the absence of the above officers, the Fire Department’s By-laws shall control. 3) The Chief, Assistant Chief, Deputy Chief, or officer in command shall have general police power at all dispatches in any area of the Borough actually under the supervision and control of the Fire Department. B. Chief 1) The Chief must be nominated and elected annually and shall serve no more than two (2) consecutive elected years in office. The Chief of the Department shall assume command the first day of January following the election. 2) The Chief’s duties include, but are not limited to: a. calling a minimum of TEN (10) Departmental Drills and FOUR (4) Departmental Meetings each year, ONE (1) PER QUARTER; b. at dispatches: i. seeing that the officers and members perform their full duties; ii. giving such orders as may be necessary to save life and property; iii. getting such information from the owner or occupant of the burning building as may be deemed proper; and iv. if possible, ascertaining the origin and cause of the fire. c. notifying the proper law enforcement agency if sufficient evidence points toward arson; d. after consultation with the proper law enforcement agency, causing the arrest of anyone giving false alarms or interfering with the work of the Fire Department while engaged in fire duty; e. performing such other duties as the good and welfare of the Department may require; and f. submitting a written report each quarter to the Borough Council. i. The written report shall reflect the averages calculated by the Captain of each Company, dispatch records and any other pertinent information regarding the Department. 3) In the event of a vacancy in the position of Chief, any such a vacancy shall be filled for the unexpired term by the Assistant Chief. The Deputy Chief will then assume the office of the Assistant Chief and the senior Captain will fill the office of the Deputy Chief. 4) A line officer cannot advance rank unless he or she has at least one year of service at present rank. Any member who has held the specific rank or above would be eligible for the opening to be filled by election. No line officer with less than five years’ experience as a line officer, including a minimum of one (1) year as Captain in the River Edge Fire Department, shall be allowed to move to the positions of Deputy Chief or above. To be eligible to serve as Department Chief, the Member must have also served in the Deputy Chief position and the Assistant Chief position in the River Edge Fire Department. C. Assistant Chief and Deputy Chief 1) The duties of the Assistant Chief and the Deputy Chief include, but are not limited to: a. seeing that the apparatus, personal protective gear and all tools and equipment are kept in order; b. having command of his respective company at all times; c. observing that each member does his/her duty; d. granting leave of absence or excusing any member when deemed necessary; and e. aiding the Chief at all times in the discharge of his/her duties 2) In the event of a vacancy in the position of Assistant Chief, any such a vacancy shall be filled for the unexpired term by the Deputy Chief. The senior Captain will fill the office of the Deputy Chief. 3) In the event of a vacancy in the position of Deputy Chief, any such a vacancy shall be filled for the unexpired term by the Senior Captain. The senior Captain will fill the office of the Deputy Chief. Any subsequent vacancy among the Fire Officers of the Company shall be filled for the unexpired term by progression. 4) A line officer cannot advance rank unless he or she has at least one year of service at present rank. Any member who has held the specific rank or above would be eligible for the opening to be filled by election. No line officer with less than five years’ experience as a line officer, including a minimum of one (1) year as Captain in the River Edge Fire Department, shall be allowed to move to the positions of Deputy Chief or above. D. Captains (two), First Lieutenants (two) and Second Lieutenants (two) 1) The Captains, First Lieutenants, and Second Lieutenants shall aid the Assistant Chief and Deputy Chief at all times in the discharge of their duties. In the absence of the Assistant Chief or Deputy Chief, the Captains and Lieutenants, in rank and seniority order, shall act in such capacity, strictly adhering to all the duties of that office. a. Captain: It shall be the duty of the Captains of each Company to keep and record the attendance at all dispatches, drills, meetings, and present the averages for same at each monthly meeting of the Company. Any member may challenge or dispute their average after review at the monthly Company meeting. Upon presentation at the monthly meeting of the Company, the Captain shall submit the averages, and supporting records, to the Fire Chief for review. The Fire Chief will then forward to the Borough Administrator for review. Any dispute over a Member’s average that is not resolved in-house shall be submitted to the Borough Administrator and Council for review. The Captain shall also keep a record of all dispatches. These records and averages shall be kept in a separate book. At the end of each calendar year, one copy of  these records shall be turned over to the Secretary of the Relief Association for permanent filing, and signed by the Captain responsible for the averages. i. The Department shall use the National Fire Incident Reporting Software (“NFIRS”) to record alarm data. If NFIRS is not used, the Captains shall keep a monthly analysis, organized by category, showing how attendance is calculated and reported as calculated per the River Edge Fire Department SOP for calculating averages. If NFIRS is used only for attendance at dispatches, a master list for all drills, meetings and each category of additional approved activities shall also be presented to monthly at the Company meeting and submitted monthly to the Fire Chief. ii. The Captain shall keep copies of all records in support of the monthly averages calculations as calculated per the River Edge Fire Department SOP for calculating averages. and file same in the Chief’s office. The records shall be retained in an organized manner according to dispatches, drills, meetings, and any other approved activity. Any and all attendance records and calculations shall at no point be discarded. Records and calculations must be available for the Borough’s review at any given time. iii. The River Edge Fire Department average program base/clean copy, one for each company, will be sent via email or thumb drive to the Chief’s secretary and Borough Administrator no later than January 15th. This will provide for a clean, base copy of each average program and it will be in file on the Chief’s secretary’s borough computer. iv. The reporting of attendance at dispatches shall be performed in accordance with Article VI, Section 6(B)(i). v. A Member’s eligibility for a Fire Officer position is based strictly on their attendance at dispatches, drills and meetings. A Member’s firematic average will be calculated as per the River Edge Fire Department SOP for calculating averages, and must have been a member for at least two years beyond the probationary period. All members must have all certifications as required by the State of NJ Division of Fire Safety prior to being eligible to hold a Firematic office. All officers must also have all required National Incident Management System Fire Officer Requirements. 2) Should any vacancy occur among the Fire Officers of the Company, such vacancy shall be filled for the unexpired term by progression and a special election will be called by the order of the President to fill the 2nd Lieutenant position. A line officer cannot advance rank unless he or she has at least one year of service at present rank. Any member who has held the specific rank or above would be eligible for the opening to be filled by election. No line officer with less than five years’ experience as a line officer shall be allowed to move to the positions of Deputy Chief or above. In the event no present officer has the five years’ experience, a special election will be held. § 33-4. – Elections As stated above, to be eligible to hold any Fire Officer position a member shall comply with all applicable residency requirements, must have an average of fifty percent (50%) attendance at dispatches, drills, and meetings, as calculated per the River Edge Fire Department SOP for calculating averages, and must have been a member for at least one (1) year beyond the probationary period. Additionally, the Member must satisfy the years of service required in specified Fire Officer Positions to hold such position. A. Election of Department Chief 1. Eligibility a. Any member to be nominated as Chief must have held the office of Deputy Chief or above in the River Edge Volunteer Fire Department 2. The Chief must be nominated and elected annually and shall serve no more than two (2) consecutive elected years in office. 3. The Chief is to be elected at the annual meeting of the whole department to be held on the third Thursday in the month of November at the Fire station selected by the Chief. 4. The Department Secretary shall notify all the members of the Department at least Seventy-two (72) hours prior to date of the Departmental meeting of the time and place of the meeting. 5. The nomination made for Chief is as follows: a. When the present Chief is in his last year of service, the nominations shall be made by the Company that the present Chief does not belong to. In other circumstances, the nomination shall be made by the Company that the present Chief belongs to. b. The nomination shall be made by the respective Company at their regular October meeting and it shall be the duty of that Company’s Secretary to post notice of said nomination, in writing, on the Bulletin Boards of both Companies, not later than November 3rd. Nominations for Chief can be made only upon a petition, signed by a minimum of five (5) members of good standing, from each company. These petitions must be posted in writing on both Bulletin Boards not later than November 8th. 6. If there is no contest for the office of Chief; the Secretary of the Department shall cast one ballot to elect the candidate nominated for Chief. If a second nomination for Chief by petition is utilized, the Chief shall be elected in accordance with the procedure enumerated in the Fire Department By-Laws. 7. After the election, the voting record will be submitted to the Borough Council for confirmation. The Borough Council will confirm the elected official at the next Council meeting. Any Member contesting the election, or any aspect thereof, will be afforded the opportunity to present their position at the Council meeting. Once confirmed by Borough Council, the Chief will be officially sworn in by the Mayor. B. Election of Company Officers (Assistant Chief, Deputy Chief, Captains, First Lieutenants, Second Lieutenants) 1. Eligibility: a. A line officer cannot advance in rank unless he or she has at least one (1) year of service at present rank. Any member who has held the specific rank or above would be eligible for the opening to be filled by election. No line officer with less than five (5) years’ experience as a line officer, including a minimum of one (1) year as Captain in the River Edge Fire Department, shall be allowed to move to the positions of Deputy Chief or above. To be eligible to serve as Assistant Chief, the individual must have held the position of Deputy Chief. 2. All company officers shall be elected at the next regular Company meeting following the election of the Chief. If there is a challenge the election will be handled through a closed ballot. 3. One third of the active roster constitutes a quorum for the transaction of all business. 4. After the election, the voting record will be submitted to the Borough Council for approval. The Borough Council will confirm the elected Officers at the next Council meeting. Any Member contesting the election, or any aspect thereof, will be afforded the opportunity to present their position at the Council meeting. If affirmed by Borough Council, the Fire Officer(s) will be officially sworn in by the Mayor. C. Appeal/Challenge of Fire Officer Election and Appointment. Any Member may contest the election and/or appointment of a Fire Officer. Prior to the Council’s confirmation and swearing in of that elected Officer, the Member may submit a statement of their position to the Council and appear at the Council meeting to present their objection. § 33-5. – Board of Firematic Officers A. The Chief, Assistant Chief, Deputy Chief, Captains and Lieutenants of each Company shall constitute the Board of Fire Officers. The Board shall administer the affairs of the Department related to firematics, subject to the approval of the Mayor and Borough Council; enforce the By-laws of the Board and latest Borough Ordinances; promulgate and enforce the Department rules and regulations; and shall keep permanent records of all of its affairs, including, but not limited to dispatches, hoses and equipment. The Board of Fire Officers shall decide matters affecting the morale of Department Members and general welfare. B. The Board shall meet quarterly, or more frequently if necessary, to transact business of the Department. The Fire Chief shall preside over all meetings of the Board of Firematic Officers. § 33-6. – Membership A. Composition. The Fire Department shall consist of an active force to be limited to the number prescribed by state law. The Department shall consist of two (2) companies, known as Company 1 and Company 2, each of which shall be limited to fifty percent (50%) of the state allowance, including active exempts. B. Eligibility/Qualifications A candidate for membership must: 1. be at least 18 years of age; 2. be a resident of the Borough of River Edge unless he/she complies with section 4 below; 3. be sponsored by an active member in good standing of the Company to which the applicant is seeking membership; and 4. submit an application on notarized Departmental application forms; and 5. subject to a criminal background check. C. New Members 1. A new member must serve one (1) year on probation, during which he or she is required to maintain a thirty percent (30%) average, as calculated per the River Edge Fire Department SOP for calculating averages, at all dispatches, drills, and meetings, and must have successfully complete the basic Firematic training course, Fire Fighter No. 1; or equivalent. 2. If a new member has had prior qualifying training and has not been inactive from the fire service for more than one (1) year, he may forgo the training requirement. However, he must have taken an approved course at a County or State School which will be approved by the Company investigating committee for transfer membership. The Investigating Committee will verify the course taken as it must be comparable to Fire Fighter No.1. In the event a new member has not met the requirements of the Fire Department, he/she shall be subject to dismissal. To accomplish this action, a vote shall be taken, with the majority rule applying. If a new member is so dismissed, his/her name shall be removed from the rolls and Mayor and Council notified as well as the other company, in writing. 3. A roster of all Firematic and Civic Officers and Members, signifying their start date, type of Member (i.e., active, retired, exempt, non-exempt, etc.), certifications and position held, if applicable, shall be updated submitted to the Borough Administrator on or before January 31 of each year. D. Residency Requirement 1. Generally, all Fire Department members must be residents of the Borough of River Edge. However, a full-time continuous member who has been a member in good standing, who moves to a bordering town (Paramus, Oradell, Hackensack, Teaneck or New Milford), may remain a member of the Fire Department in as much as he/she continues to comply to all of the by-laws and rules and regulations of the Department. This member as a nonresident retains all the existing rights and privileges that he/she enjoyed as a resident. 2. A non-resident may only apply to the Fire Department if they are a resident of the following towns: Teaneck, Oradell, Paramus, New Milford, and Hackensack.  3. A non-resident member may run for a firematic office, but each company is limited to two (2) non-resident firematic officers at any one time. 4. Full time non-resident membership will be limited to twenty-five percent (25%) of the allowed State membership quota per Company. Any resident or non-resident member who moves to another town, other than River Edge or a non-bordering town, shall resign within sixty (60) days. E. Duties 1. All Members of the Fire Department shall report immediately upon every dispatch, to the fire house and to convey, as soon as possible, the apparatus and equipment to or near the fire and to use them according to the direction of the officer in charge and if the apparatus should be gone, proceed to the fire and report to the officer in charge. In the absence of the Chief or the Company Officer, the most recent Ex-Chief or Senior Member shall assume command until relieved by a fire officer. While performing in this capacity, he/she shall have the same authority and responsibilities as an active officer. 2. Every member, while actively engaged at the fire scene or a scheduled Firematic activity shall strictly obey the orders of the Firematic Officers. Deliberate failure to obey the orders of the officers may lead to formal charges. F. Membership Classifications and Requirements 1. Certifications: All Members must comply with the State requirements for certifications of Fire Fighters and meet all National Incident Management System requirements. The fire department Chiefs’ municipal Secretary shall record, and file copies of the Certifications held by each member. Failure to comply with the State certification requirements may subject a Member to disciplinary action, up to and including removal. 2. Attendance: Attendance will be recorded at all dispatches, drills and meetings. The averages of all Company Member’s attendance at same will be presented monthly at the Company meeting. Member’s attendance percentage will be calculated as per the River Edge Fire Department SOP for calculating averages. a. Calculation of attendance averages. i. It shall be the duty of the Captains of each Company to keep and record the attendance at all dispatches, drills, meetings, in accordance with the adopted By-laws, as calculated per the River Edge Fire Department SOP for calculating averages and present the averages for same at each monthly meeting of the Company. Any Member may challenge or dispute their average after review at the monthly Company meeting. Upon presentation at the monthly meeting of the Company, the Captain shall submit the averages, and supporting records, to the Fire Chief, who will then submit them to the Borough Administrator for review. Any dispute over a Member’s average that is not resolved in-house shall be submitted to the Borough Administrator and Council for review. The Captain shall also keep a record of all dispatches. These records and  averages shall be kept in a separate book. At the end of each calendar year, one copy of these records shall be turned over to the Secretary of the Relief Association for permanent filing and signed by the Captain responsible for the averages. ii. The Department shall use the National Fire Incident Reporting Software (“NFIRS”) to record dispatch data. If NFIRS is not used, the Captains shall keep a monthly analysis, organized by category, showing how attendance is calculated and reported. If NFIRS is used only for attendance at dispatches, a master list for all drills, meetings and each category of additional approved activities shall also be presented to monthly at the Company meeting and submitted monthly to the Fire Chief, who will then submit them to the Borough Administrator iii. The Captain shall keep copies of all records in support of the monthly averages calculations and file same in the Chief’s office. The records shall be retained in an organized manner according to dispatches, drills, meetings, and any other approved activity. Any and all attendance records and calculations shall at no point be discarded. Records and calculations must be available for the Borough’s review at any given time. iv. The attendance record for dispatches shall be created by the Captain of each Company, or in their absence the Officer in Charge. The Captain, or Officer in Charge, shall record the incident number, date, address and any other information deemed pertinent regarding the call. All reporting Members shall be required to sign the attendance sheet next to their pre- printed name upon reporting to a dispatch. The legend on the attendance sheet shall be used for each call. All information on the sign- in sheet shall be reflective of the information placed into the NFIRS for official reporting. Upon returning from the dispatch, the Captain or Officer in Charge shall review and sign the attendance sheet certifying that the information contained therein is accurate. The attendance sheet shall then be placed in a locked drawer and retained. v. Members are not entitled to credit ,nor will they have their average frozen, for sick time, (unless the injury occurred while operating in a capacity serving the Fire Department where they will then have their average frozen), vacation time, as well as other time off. vii. Attendance sheets for all other activities must be maintained in the same manner. Further, the attendance reports must be clear as to what category the activity completed falls under, i.e., drills, meetings, rig checks, etc. Attendance credit in any category shall not exceed the actual amount of reported activities in such category in any given month. Credit shall not be awarded to a Member for any activity not expressly approved, in writing, by the Department.  vii. The Department Chief has the authority to implement an Extra Credit Policy as defined in the River Edge Fire Department SOP for calculating averages. b. Members status. i. To be considered a member in good standing, a member must maintain a company average of 30% attendance at fires, drills and meetings, as calculated per the River Edge Fire Department SOP for calculating averages Only members in good standing may vote at the departmental and company level. c. Removal. i. Any Member whose average falls below thirty percent (30%) as calculated per the River Edge Fire Department SOP for calculating averages, by the end of any calendar year will be sent a letter that states his/her average is below thirty percent (30%) and that he/she is required in the following year to raise his/her average above thirty percent (30%) by year end or will be automatically dropped from the rolls of the River Edge Volunteer Fire Department on December 31st of the 2nd year. c. Leave of Absence. i. Active members in good standing may ask for a leave of absence from the Department by submitting a LOA form to the respective House Chief. The form must clearly state member’s intent and a starting and ending date. The leave of absence shall not exceed six (6) months. One extension of an additional six (6) months may be requested in writing to the House Chief. An active member returning from a Leave of Absence may need to re-qualify for any special privileges (SCBA, driving status, etc.) to be determined by the Line Officers. Any member returning from a Leave of Absence may not request an additional Leave of Absence until they have completed a minimum of one quarter in good standing. A Leave of Absence extension may be granted by the house Chief and shall be noted in the minutes of the next monthly company meeting. Reasons for a Leave of Absence may include, but are not limited to, health issue/s of the member or family member, temporary relocation of a work place or work- related issue, monetary issue, etc. ii. Any member in good standing may request an education Leave of Absence if they are attending school out of the local area. Active members shall submit the LOA form to the House chief. The form shall identify the starting and ending dates. Any member may return to active status if they are home for an extended period of time. The member must notify the House Chief of their intent and receive their approval. A member of the Department who takes Military Leave may be reinstated within one year of discharge, or release of active duty. All firefighters injured in the line of duty shall be  immediately placed on medical leave until approved for return to full duty by their attending physician. Return to duty must be in full Firematic status. Firefighters injured not in the line of duty may request medical leave based on submission of a note from their attending physician that they are not capable of performing the normal duties of a firefighter. Return to duty shall be under the same circumstances as set forth above for line of duty injury. Firefighters who are on medical leave may not participate in the following: a) answering fire calls, b) attending work details, c) participation in drills involving physical exertion, d) parades, e) operate, drive, or ride in borough apparatus/vehicles except to funerals and permitted drills or classes. All members, while on approved Leave of absence, will have their Firematic averages frozen and will not be accountable for any fire call, drills or meetings during that time period. Article § 33-7. – Charge by Ranking Officer A. When the Department is attending a fire or other emergency, it shall be under the absolute control of the Chief of the Department. In the absence of the Chief, the Assistant Chief will be in charge. In the absence of the Assistant Chief, the Deputy Chief will be in charge. In the absence of the above officers, where both Captains are in attendance, the Captain from the Assistance Chief’s Company shall be deemed the senior officer. In the absence of the above officers where both First Lieutenants are in attendance, the First Lieutenant from the Assistant Chief’s Company shall be in charge. In the absence of the above officers, where both Second Lieutenants are in attendance, the Second Lieutenant from the Assistant Chief’s Company shall be in charge. In the absence of the Chief or the Company Officer, the most recent Ex- Chief or Senior Member shall assume command until relieved by a fire officer. While performing in this capacity, he/she shall have the same authority and responsibilities of an active officer. B. The Chief, Assistant Chief, Deputy Chief, or officer in command shall have general police power at all dispatches in any area of the Borough actually under the supervision and control of the Fire Department. C. It shall be the duty of every Member of the Department to report immediately upon every dispatch, to the fire house and to convey, as soon as possible, the apparatus and equipment to or near the fire and to use them according to the direction of the officer in charge and if the apparatus should be gone, proceed to the fire and report to the officer in charge. Every member, while actively engaged at the fire scene or a scheduled Firematic activity shall strictly obey the orders of the Fire Officers. Deliberate failure to obey the orders of the officers may lead to formal charges. § 33-8. – Refusal to Obey or Execute Orders A. Every member, while actively engaged at the fire scene or a scheduled Firematic activity shall strictly obey the orders of the Fire Officers. In the absence of the Chief or the Company Officer, the most recent Ex-Chief or Senior Member shall assume command until relieved by a fire officer. While performing in this capacity, he/she shall have the same authority and responsibilities of an active officer. Deliberate failure to obey the orders of the officers may lead to formal charges. B. Any fire fighter or officer who, while on duty at any fire, drill, parade or inspection, shall refuse or neglect to obey or execute any orders from the officer in charge, or who having knowledge of the defective condition of any part of the apparatus, fire hydrants or equipment, shall fail to report the condition at once to one of the Chiefs, or who shall violate the constitution, bylaws, rules or regulations of the Department of this article shall be subject to reduction in rank, suspension or expulsion from the Department. C. Any person having knowledge of any act of misconduct as set forth in the preceding subsection of any fire fighter or officer shall, within thirty (30) days of the alleged offense, submit a complaint to the Fire Chief who shall immediately, in writing, notify the fire fighter or officer so charged. Not less than five days following receipt of said notice by the person so charged, the charges shall be heard by the Board of Fire Officers, as herein before constituted, at a meeting called for the purpose, at which time the person or persons making the charges, together with their witnesses, if any, shall present the allegations, and the fire fighter or officer charged shall, together with his witnesses, if any, be permitted to enter his defense. The Board of Fire Officers shall have the right to sustain the charges and issue a complaint or dismiss the charges, whichever they shall deem to be equitable and just and for the best interest of the Department. D. In the event the Board of Fire Officers sustains the charges and issues a complaint, the complaint shall be presented to the Borough Council, or its designee, at its next regular meeting provided at least two of the following officers concur that a complaint should be made: Chief, Assistant Chief, Deputy Chief and Captains. The Borough Council, or its designee, shall hold a hearing on the charges and the parties to the action, together with their witnesses, shall have the right to appear at said meeting to be heard. If the charges are sustained, the Borough Council, or its designee, may reduce in rank, suspend or expel such Member from the Fire Department, whichever they shall deem to be equitable and just and for the best interest of the Department. Members of the Fire Department may only appeal the Board of Fire Officers decision if it results in disciplinary action of a six (6) month suspension or greater. E. In the event of the nonappearance of the person charged or in the event the complaint issued by the Board of Fire Officers is affirmed on appeal, the Council may confirm the proposed action taken by the Board of Fire Officers or may modify the penalty or penalties proposed by said Board in such manner as they shall deem most equitable and just and in the best interest of the Department. In the event the Council shall reverse the findings of said Board as to any charge or charges, said charge or charges shall forthwith be dismissed. F. Any officer in the Fire Department may be removed from office at any time by the Borough Council, or its designee, for neglect of duty or other just cause after charges thereof have been made and sustained, following a hearing before the Council, or its designee. § 33-9 – Disciplinary Action A. Reprimand, Suspension or Dismissal. Any member of the Department shall be subject to punishment by reprimand, suspension or dismissal from the Department according to the nature and gravity of the offense or for any of the following causes:  1. Willful disobedience of orders, failure to comply with the Fire Department standard operating procedures or standard operating guidelines. 2. Disrespect to a superior officer. 3. Refusal or failure to attend dispatches or fire drills. 4. Immorality, indecency or lewdness. 5. Neglect of duty. 6. Violation of any criminal law. 7. Conduct subversive of good order and discipline of the Department. 8. Violation of any rule or order of the Fire Committee of the Borough Council. 9. Conduct unbecoming a Fire Fighter. B. Hearing of Charges; Notice of Decision 1. Charges against any member of the Fire Department shall be made in writing under oath and filed with the Borough Clerk within ten (10) days after the offense is alleged to have been committed and specify, as near as possible, the time, place and circumstances of the offense. In no case, however, shall charges be proffered without the written approval of the Chief of the Fire Department, except charges against the Chief. 2. In the event of potential suspension or dismissal, the President of the Company of the accused Member shall immediately after the reading of the charges, appoint three (3) members in good standing and the President of the other fire company shall appoint two (2) members in good standing, making a committee (hereinafter referred to as the “Fire Committee”) of five (5), to try the charges. The date, time and place of the hearing of said charges shall then be fixed by the Fire Committee at a meeting, which shall be specially convened for that purpose, and at least five days before the date so fixed for hearing, a written copy of said charges, together with a notice of the date, time and place of said hearing, shall be served on the member against whom the charges are made, either personally or by leaving the same at such member's usual place of abode. At the time, place and date fixed for the hearing of said charges, the Fire Committee shall hear the evidence adduced by all parties concerned and shall recommend a decision to the Mayor and Council. At all such hearings, the Fire Commissioner/Council Liaison shall be the presiding officer. At all such hearings, the respondent, as well as the person making the charges, may have the assistance of counsel in the presentation of evidence relative to the facts at issue.At all such hearings, the Fire Committee shall have the assistance of the Borough Attorney. 3. The hearing of said charges may be adjourned from time to time in the discretion of the Fire Committee; provided, however, that the Fire Committee shall render its recommendation to the Mayor and Council within fifteen (15) days following the conclusion of the hearing. At the next meeting of the Mayor and Council after receiving the recommendation of the Fire Committee, the Mayor and Council shall render its decision by a majority vote of the Council members present at the hearing, provided that in all cases a quorum shall be represented.  4. The decision of the Mayor and Council shall be registered by motion and roll call vote, including the penalty, if any. Notice of the decision shall be mailed to the respondent. 5. Should the charged member be suspended, their average will not be frozen/held during said time frame/duration of the suspension. C. Suspension by Chief; Filing of Charges. The Chief of the Fire Department shall have the right to suspend any member forthwith for any of the offenses enumerated in above, but in such case, charges shall be proffered against such member within five (5) business days thereafter. D. Grievance Procedure. Any grievance or dispute which may arise between any Member of the River Edge Volunteer Fire Department and any Officer thereof concerning a firematic issue(s) or any proposed applicant for membership and any Officer thereof concerning the application process shall be settled in the following manner: 1. Step 1. The member or applicant, as the case may be, shall submit the grievance in writing to the Fire Chief within five (5) days of its occurrence. The Fire Chief shall attempt to resolve the matter and respond in writing to the member or applicant, as the case may be, within five (5) working days of his/her receipt of the written grievance. 2. Step 2. If the grievance is still unsettled, the member or applicant, as the case may be, shall, within five (5) working days from receipt of the answer required by Step 1, submit the written grievance, together with all documentation supporting same, to the Borough Clerk for final resolution by the Borough Council within thirty (30) days of the Clerk's receipt thereof. The Borough Clerk shall provide notice to the grievant and Fire Chief as to the date and time on which the matter will be considered by the Borough Council. On that date and time, the grievant and Fire Chief may appear and present testimony and documentary evidence in support of their respective positions. § 33-10. – Monthly Reports to Council/Business Administrator A. At each meeting, the Secretary shall call the roll and mark as absent all who have not attended at least a part of the meeting and shall render a record of meeting percentages to date. B. Immediately upon the return from a dispatch or drill and after the apparatus has been properly housed, the officer in command shall call the roll and all members not answering to the same, unless excused, shall be considered as non-attendants at such dispatch. Any officer or most recent Ex-Chief or the senior man in charge shall be vested with the right to excuse any member from not returning to the fire house. C. It shall be the duty of the Captains of each Company to keep and record the attendance at all dispatches, drills, meetings, as per the River Edge Fire Department SOP for calculating averages and present the averages for same at each monthly meeting of the Company. Any Member may challenge or dispute their average after review at the monthly Company meeting. Upon presentation at the monthly meeting of the Company, the Captain shall submit the averages, and supporting records, to the Fire Chief who then then forward to the Borough Administrator for review. Any dispute over a Member’s average that is not resolved in-house shall be submitted to the Borough Administrator and Council for review. The Captain shall also keep a  record of all dispatches. These records and averages shall be kept in a separate book. At the end of each calendar year, one copy of these records shall be turned over to the Secretary of the Relief Association for permanent filing and signed by the Captain responsible for the averages. D. A roster of all Firematic and Civic Officers, Committees, and Members, signifying their start date, type of Member (i.e., active, retired, exempt, non-exempt, etc.) and position held, if applicable, shall be updated submitted to the Borough Administrator on or before January 31 of each year. § 33-11. – Reimbursement of Expenses/Clothing Allowance A. Appropriation and payments to cover losses incurred 1. The governing body of the Borough of River Edge may by resolution appropriate and pay each year to any active volunteer fire fighter doing public fire duty under the control or supervision of the governing body such sum as in the judgment of the governing body will be sufficient to cover any losses incurred by him in attending upon dispatches in the municipality under and within which he may be doing public fire duty. The Municipal Clerk shall keep a true and complete list of the active volunteer fire fighters of the Borough. The total cost to the Borough in any year shall not exceed sixty thousand dollars ($60,000.00). 2. To be eligible to receive the clothing allowance provided herein, all Members must timely submit all necessary payroll forms, including but not limited to an I-9 and W-4 or W-9, to the Borough Finance Department. The Borough will issue payroll checks, less applicable deductions, on January 15 of each year to each Member entitled to clothing allowance for their performance of duties in the prior year via the Borough payroll system. B. Eligibility 1. Any member who achieves an annual credit percentage of forty-five (45%) shall be entitled to receive the full clothing allowance for his/her rank. A Member’s annual credit percentage is based strictly on their percentage of attendance at dispatches, drills and meetings in accordance the River Edge Fire Department SOP for calculating averages. 2. Any member who fails to achieve an annual credit percentage of forty-five percent (45%) shall receive a prorated percentage of the clothing allowance for his/her rank as follows – members with annual credit percentage of between 25% and 44% will receive half of the full amount issued to those with a 45% and above. Those members with an annual credit percentage of 24% and below will not receive any clothing allowance. C. Schedule of Payments. All eligible Officers and Members will receive compensation from the Borough Finance Department reflective of the amount afforded to that individual based on the averages reported in the records submitted to the Borough which shall be reviewed and approved annually by Resolution of the Borough Council. § 33-12. – By-Laws A. The By-Laws of the Fire Department shall be filed with the Borough Clerk after first having been presented to the Borough Council. B. No part of the Department By-Laws shall be set aside or be suspended at any time, except when the proposed change is presented by a Member in writing. Such proposed amendment shall be read at one regular company meeting and shall be read at one Departmental meeting, all members being notified to attend the meeting, when action shall be taken and if after discussing the proposed change, a two-thirds majority of the members present shall vote in favor of its adoption, such amendment shall forthwith become a part of these by-laws. Any adopted amendments or revisions to the by-laws shall be presented to the Borough Council at its next meeting. C. There shall be a Departmental By-Laws Committee appointed by the Chief with three (3) members from each company. It shall be the duties of the By-Laws Committee to interpret the By-Laws of the River Edge Fire Department and the decision of the By- Laws Committee will be final. In the event of a tie, the Chief’s vote breaks the tie. § 33-13. – Junior Firefighters Auxiliary A. Establishment. There shall be established in the Borough of River Edge an auxiliary to the River Edge Volunteer Fire Department, to be known as the "Junior Firefighters Auxiliary." The members of the Junior Firefighters Auxiliary shall serve with the consent of the Mayor and Council, under the authority and supervision of the River Edge Volunteer Fire Department. B. Age and residency requirement. No person shall be eligible for membership in the Junior Firefighters Auxiliary who is younger than 15 years of age or older than 17 years of age. All applicants shall either reside within the Borough of River Edge or shall be related by blood, marriage, or adoption to an active member of the River Edge Fire Department. C. Parental/guardian permission. Persons serving in the Junior Firefighters Auxiliary shall be required to obtain permission, annually, to participate in the Auxiliary from their parents or legal guardians. Such permission must be given in writing and acknowledged or proven in the same manner as is required by law for deeds to real estate to be recorded. D. Physical examination. Members of the Junior Firefighters Auxiliary shall annually satisfy the physical examination requirement established by the Auxiliary's Rules and Regulations. E. Insurance coverage. Members of the Junior Firefighters Auxiliary shall be provided with the same insurance coverage and the same amounts of coverage as is provided for regular members of the River Edge Volunteer Fire Department. F. Rules and regulations. The Junior Firefighters Auxiliary shall be subject to rules and regulations. Said rules and regulations shall be formulated by the River Edge Volunteer Fire Department and approved by the Mayor and Council. Said rules and regulations shall be formulated and approved prior to the induction of a member into the Auxiliary. Said rules and regulations shall provide for the training of Auxiliary members for eventual membership in the River Edge Volunteer Fire Department and shall further provide that no junior firefighter will be required to perform duties which would expose him or her to the same degree of hazard as a regular member of the River Edge Volunteer Fire Department. G. Force and effect. This article shall take effect and be enforced from and after its approval, as required by law.  H. Employment. Any junior firefighter who shall be employed by the Borough of River Edge shall not respond to a dispatch unless a direct order is received from the Chief of the Fire Department or his/her designee. 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: September 27, 2021 ADOPTED: ___________________________________ Thomas Papaleo, Mayor ATTEST: _________________________________ Judy O’Connell, Deputy Borough Clerk OPEN HEARING OF THE PUBLIC – Ordinance #21-25 On motion by Councilwoman Kaufman, seconded by Councilwoman Montisano-Koen to open the hearing to the public on Ordinance #21-25 was unanimously approved. Lissette Aportela – explained that this is a complete revision of the portion of code for Fire Department and was fully reviewed by Fire Department, Borough Attorney and Labor Attorney. There were a few changes made since the ordinance was introduced but the changes were insignificant and would not constitute an amendment or introduction of a new ordinance. This ordinance has been fully vetted by all parties. CLOSE HEARING OF THE PUBLIC – Ordinance #21-25 There being no comments by the public, the motion by Councilwoman Kinsella, seconded by Councilman Chinigo to close the hearing of the public on Ordinance #21-25 was unanimously approved. Mayor Papaleo-explained to Mr. Sarlo that they had a technical issue at the beginning of the meeting where they had to issue a new link in order to begin the meeting. They put notification on the website, he made an announcement to the Mayor’s Page and asked Mr. Sarlo if it was sufficient or is there a concern that needs to be addressed before moving forward with this ordinance. Tom Sarlo, Esq. -feels that they’ve taken every step that they could possibly take to get it out there the last minute with regard to the new link. He has no issues with continuing with the meeting and the adoption of this ordinance. ADOPTION – Ordinance #21-25 On motion by Councilman Gautier, seconded by Councilwoman Kinsella to adopt Ordinance #21-25 was unanimously approved. ******** RESOLUTIONS – By Consent On motion by Councilwoman Kaufman, seconded by Councilwoman Busteed, resolution #21- 281, #21-283 through #21-293 were unanimously approved. #21-281 Approve the Appointment of a Volunteer Firefighter – James Carroll BE IT RESOLVED by the Governing Body of the Borough of River Edge that James Carroll be and he is hereby appointed as a Volunteer Firefighter in the River Edge Volunteer Fire Department effective October 12, 2021. October 12, 2021 ******** Councilman Chinigo-said that previously they had approved a waiver for outside duty for a resident because of the location where the work was being done which was on Kinderkamack Road. He wonders how this came about, if there is a special circumstance that they need to addressed or is there a change in the Council’s position setting a precedent of some sort. Lissette Aportela– explained that this was a request from a resident for the charge to be reduced because she did need officers to monitor traffic control. Mayor Papaleo-agrees with Councilman Chinigo concern especially with so few details. On motion by Councilman Chinigo, seconded by Councilwoman Kaufman to table resolution #21-282 until additional information explaining why the waiver is being requested was unanimously approved. Mayor Papaleo-said that this resolution is tabled until the next meeting and authorized our Borough Administrator to seek further clarification. He asked that this be listed for discussion prior to being voted on as a resolution. TABLED TABLED TABLED #21-282 Approval to Waive the Police Outside Duty Fee for Sylvia Conlin, 894 Bogert Road WHEREAS, resident Sylvia Conlin of 894 Bogert Road had her driveway repaved on Thursday, September 30, 2021; and WHEREAS, at the request of the paving company, a police officer was requested for traffic duty due to the location; and WHEREAS, Sylvia Conlin has made an appeal to the Mayor and Council to waive the administrative fee portion of the $135.00 per hour rate and be billed for the officers overtime rate; and  WHEREAS, the Mayor and Council have indicated that the outside duty rate of $135.00 be waived and that the actual overtime rate of the police officer assigned to that duty be charged. NOW, THEREFORE, BE IT RESOLVED that the Police Department and the Chief Financial Officer are instructed to adjust their billing accordingly and to notify Sylvia Conlin of the fee to be paid for the services provided. October 12, 2021 ******** Councilwoman Kinsella-asked for an explanation regarding resolution #21-283. Lissette Aportela-explained that municipalities are required to conduct tax sales which can either be done in person or held online. Before anything can be coordinated by our Tax Collector, the governing body has to approve a resolution. #21-283 Resolution Authorizing Participation in an Electronic Tax Sale WHEREAS, NJSA 54:5-19.1 authorizes electronic tax sales pursuant to rules and regulations to be promulgated by the Director of the Division of Government Services, and WHEREAS, the Director of the Division of Local Government Services has approved NJ Tax Lien Investors/RealAuction.com to conduct electronic tax sales, and WHEREAS, an electronic tax sale is innovative and provides a greater pool of potential lien buyers, thus creating the environment for a more complete tax sale process, and WHEREAS, the Borough of River Edge wishes to participate in an electronic tax sale. NOW, THEREFORE, BE IT RESOLVED, by the governing body of the Borough of River Edge, County of Bergen, State of New Jersey, that the Tax Collector is hereby authorized to participate in an electronic tax sale and submit same to the Director of the Division of Local Government Services if necessary. October 12, 2021 ******** #21-284 Resolution Permitting the Possession and Consumption of Alcoholic Beverages at a Block Party on Monroe Court WHEREAS, on or about October 12, 2021, the Borough of River Edge granted permission to Liz Davis, 291 Monroe Avenue, River Edge, New Jersey, to hold a block party on Monroe Court between Fifth Avenue and Monroe Avenue on Saturday, October 16th from 4:00 p.m. to 10:00 p.m. in accordance with Borough Ordinance #1678; and WHEREAS, Liz Davis has requested that the possession and consumption of alcoholic beverages be permitted in connection with said block party; and WHEREAS, Borough Code Section 114-15 allows the Governing Body to permit the possession and consumption of alcoholic beverages in or on a public street or sidewalk in connection with an authorized block party.  NOW THEREFORE BE IT RESOLVED, by the Mayor and Council of the Borough of River Edge that persons age 21 and over be and hereby are permitted to possess and consume alcoholic beverages at the block party described above, on the date and time specified herein. October 12, 2021 ******** #21-285 Refund of Performance Escrow for the Property Located at 381 Kinderkamack Road, Block 1004, Lot 8.02 WHEREAS, Mina Kang deposited $2,500.00 in escrow to complete site work and drainage within 60 days of the project completion at the property located at 381 Kinderkamack Road, Block 1004, Lot 8.02; and WHEREAS, the Borough Engineer has performed all final inspections. NOW, THEREFORE, BE IT RESOLVED that the Accounts Supervisor is authorized to make the following refund: Block/Lot Name & Address Amount 1004/8.02 Mina Kang $2,500.00 381 Kinderkamack Road River Edge, NJ 07661 October 12, 2021 ******** #21-286 Authorize Receipt of Bids – River Edge Public Library Interior Renovations, HVAC Replacement & Generator Project BE IT RESOLVED, by the Mayor and Council of the Borough of River Edge, that the Borough Administrator is hereby authorized to advertise for the receipt of bids for the River Edge Public Library Interior Renovations, HVAC Replacement & Generator Project; and BE IT FURTHER RESOLVED that said bids shall be received at 10 A.M. on Friday, November 5, 2021, at Council Chambers in Borough Hall located at 705 Kinderkamack Road, River Edge, at which time and place said bids shall be opened and read aloud; and BE IT FINALLY RESOLVED that said advertisement shall be published in the Friday, October 15, 2021, issue of the Record in accordance with the Local Public Contracts Law. October 12, 2021 ******** #21-287 Authorize Cancellation of Capital Balances WHEREAS, certain Capital balances remain dedicated to projects now completed; and WHEREAS, it is necessary to formally cancel said balances, so that the unexpended balances may be returned to Capital improvement fund or credited to Capital Fund Balance and unused debt authorizations may be canceled; and WHEREAS, receivable balances remain on the Capital balance sheet; and WHEREAS, it is necessary to formally cancel the receivable balances from the balance sheet. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of River Edge the following unexpended and dedicated balances be canceled: October 12, 2021 ******** #21-288 Authorize Purchase of Radios for the River Edge Police Department Under State Contract WHEREAS, the Phase I of the Police Communication Center Update Project was authorized in the 2021 capital budget; and WHEREAS, on behalf of Police Chief Michael Walker, Sgt. Marc Abate investigated the options to purchase radios under a New Jersey State Bid contract; and WHEREAS, after evaluating the options for the purchase of the radios, the Police Chief has recommended purchasing the following equipment: Motorola APX All Band Consolette – Desk, APX800 Tri Band Portable, 2.5, APX4000 Single Band Portable, 2.5, APX8500 Tri Band Mobile and related accessories; and  WHEREAS, the New Jersey Local Public Contracts Law, N.J.S.A. 40A:11-12, permits municipalities to purchase goods and services without advertising for bids, from companies under any contract or contracts for such goods or services entered into on behalf of the State by the Division of Purchase and Property in the Department of the Treasury, commonly referred to as “State Contracts”; and WHEREAS, the purchase of the aforementioned radio equipment and installation qualifies to be purchased using State Contract #83909, from Regional Communications of 64 East Midland Avenue in Paramus, NJ 07653, at a total cost of $374,249.28; and WHEREAS, Borough Administrator/Qualified Purchasing Agent, Lissette Aportela has verified that State Contract #83909, was awarded to Motorola Solutions on May 1, 2013, through April 30, 2022; and WHEREAS, Borough Administrator/Qualified Purchasing Agent, Lissette Aportela has verified that Regional Communications with Vendor ID V00001603 is an authorized vendor under aforesaid State Contract; and WHEREAS, Chief Financial Officer Chris Battaglia has advised that funding is available for this purchase from the 2021 capital budget. NOW THEREFORE BE IT RESOLVED, by the Mayor and Council of the Borough of River Edge that Police Chief Michael Walker is hereby authorized to purchase the aforementioned radio equipment and installation for the Phase I of the Police Communication Center Update Project under State Contract #83909 at a total cost of $374,249.28 from Regional Communications. October 12, 2021 ******** #21-289 Authorize Execution of Settlement Agreement with Employee #000127 WHEREAS, certain matters have arisen pertaining to the prior employment of Borough Employee #000127with the Borough of River Edge (“Borough”); and WHEREAS, Borough Employee #000127 has agreed to a Settlement Agreement and executed same on October 7, 2021; and WHEREAS, the Mayor and Council has reviewed the Settlement Agreement and seeks to accept and agree to the terms of same; and 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). The Borough hereby accepts and agrees to the terms and conditions of the Settlement Agreement dated October 7, 2021; and 2). The Borough hereby authorizes the Mayor to execute the Settlement Agreement dated October 7, 2021; and 3). That this resolution shall take effect immediately.  BOROUGH OF RIVER EDGE By: ___________________________ Thomas Papaleo, Mayor __________________________ Judy O’Connell, Deputy Clerk October 12, 2021 ******** #21-290 Approve the Hire of a Full-time Laborer in the Department of Public Works BE IT RESOLVED by the Governing Body of the Borough of River Edge that Matthew Polandick be and he is hereby hired as a full-time Laborer in the Department of Public Works at an annual Laborer II, Step I salary of $37,142.00 with a one (1) year probationary period, effective November 1, 2021. October 12, 2021 ******** #21-291 Approve the Hire of a Full-time Laborer in the Department of Public Works BE IT RESOLVED by the Governing Body of the Borough of River Edge that Zachary Link be and he is hereby hired as a full-time Laborer in the Department of Public Works at an annual Laborer II, Step I salary of $37,142.00 with a one (1) year probationary period, effective November 1, 2021. October 12, 2021 ******** #21-292 Resolution Permitting the Possession and Consumption of Alcoholic Beverages at a Block Party on Seventh Avenue WHEREAS, on or about October 12, 2021, the Borough of River Edge granted permission to Cindy Bequeaith, 745 Seventh Avenue, River Edge, New Jersey, to hold a block party on Seventh Avenue between Continental Avenue and Webb Avenue on Saturday, October 23, 2021 from 12 noon to 10:00 p.m. (rain date Sunday, October 24th) in accordance with Borough Ordinance #1678; and WHEREAS, Cindy Bequeaith has requested that the possession and consumption of alcoholic beverages be permitted in connection with said block party; and WHEREAS, Borough Code Section 114-15 allows the Governing Body to permit the possession and consumption of alcoholic beverages in or on a public street or sidewalk in connection with an authorized block party. NOW THEREFORE BE IT RESOLVED, by the Mayor and Council of the Borough of River Edge that persons age 21 and over be and hereby are permitted to possess and consume alcoholic beverages at the block party described above, on the date and time specified herein. October 12, 2021 ********* #21-293 Resolution Permitting the Possession and Consumption of Alcoholic Beverages at a Block Party on Oak Avenue WHEREAS, on or about October 12, 2021, the Borough of River Edge granted permission to Sara Bartelloni, 719 Oak Avenue, River Edge, New Jersey, to hold a block party on Oak Avenue between Continental Avenue and Webb Avenue on Saturday, October 23, 2021 from 3:00 p.m. to 11:00 p.m. (rain date Sunday, October 24th) in accordance with Borough Ordinance #1678; and WHEREAS, Sara Bartelloni has requested that the possession and consumption of alcoholic beverages be permitted in connection with said block party; and WHEREAS, Borough Code Section 114-15 allows the Governing Body to permit the possession and consumption of alcoholic beverages in or on a public street or sidewalk in connection with an authorized block party. NOW THEREFORE BE IT RESOLVED, by the Mayor and Council of the Borough of River Edge that persons age 21 and over be and hereby are permitted to possess and consume alcoholic beverages at the block party described above, on the date and time specified herein. October 12, 2021 ******** Councilwoman Kaufman read resolution #21-294 into the record. On motion by Councilwoman Kaufman, seconded by Councilman Chinigo, resolution #21-294 was approved unanimously. #21-294 Payment of Bills At a Regular Meeting of the Mayor and Council of the Borough of River Edge, County of Bergen, State of New Jersey, held on October 12, 2021. BE IT RESOLVED, that the Mayor and Council of the Borough of River Edge approve the following expenditures. CURRENT FUND $1,934,893.09 CAPITAL FUND $ 14,110.06 ANIMAL CONTROL FUND $ 302.40 TRUST OTHER FUND $ 4,869.75 PAYROLL FUND $ 15,754.24 DEVELOPER’S ESCROW FUND $ 250.00  SELF INSURANCE TRUST FUND $ 110.55 RECREATION TRUST FUND $ 1,295.29 October 12, 2021 NEW BUSINESS – None OLD BUSINESS – None PUBLIC COMMENTS – On motion by Councilwoman Montisano-Koen, seconded by Councilman Chinigo to open for public comments was unanimously approved. Cindy Bequeaith-745 7th Avenue – expressed her concern about the difficulty her neighbor encountered with sidewalk repair expenses when he put his house up for sale on Webb Avenue. She is upset that the borough is not taking ownership of something that was done by one of their employees, specifically home inspections that are done for the closing of a home. She feels that the procedures should be consistent. She explained that her neighbor closed on their home on Webb Avenue in April of 2020 and the borough inspector passed their home with the C.O and they took ownership and moved in. A few months ago they put their home up for sale. The inspector came out and failed them for a sidewalk that was raised and the apron of the driveway had a crack in it. She said that when they purchased the home last year, neither one of these items were flagged by the inspector so when they went to sell their home, they didn’t realize they had to do this. They sent an email to the Borough Administrator and the Mayor asking why they should be responsible for this when an improper C.O was issued a year earlier when it should have been done by the people they bought the house from. The Borough Administrator advised that there was nothing she could do and recommended that they do what the inspector said and pay the money to fix it so the house sale could close. The homeowner had to pay $1,950 to get it done and received a temporary C.O. She feels that this is the fault of the borough inspector who inspected the home last year and finds it unsettling that there was no give and take by the town when their employee didn’t do their job correctly. Mrs. Bequeaith made reference to sections of the borough code feels that the town has the responsibility to take care of this or at least meet the homeowner halfway. Lissette Aportela-said that she did receive an email from the property owner to inquire about it and based on her review of the record, the CO was issued last year and signed off by the proper borough officials. The inspection this year determined that the slab had to be replaced. She reviewed the ordinance and there was no provision for any waiver and she had to go by the documentation as part of the official borough records. She explained that she doesn’t have the authority to make exception or circumvent any borough ordinance. She said the gentleman did come in and made arrangements with the Building Department and obtained the permit and resolved his issue. She continued to say that our Technical Assistant went over and above to provide this gentleman with assistance throughout the entire process knowing his tight timeframe and giving him the temporary paperwork in order to complete the transaction. Tom Sarlo, Esq.- said that if the facts that are being presented are accurate, it’s something that should have been rectified the first time the C.O was issued in 2020. Unfortunately now you have a second CO being issued and deficiencies are being flagged and it can’t keep being passed onto the next homeowner. He explained that if the homeowner feels that the borough official did not do their job properly and they were wronged, they could certainly file a claim with the Borough’s insurance carrier. He doesn’t know whether this Mayor and Council should go down the path of agreeing to pay the homeowner the amount for repairs or enter into some type of settlement based on potential liability or negligence of the building inspector if there is any. He said that he understands the frustration especially if it should have been caught at that time. The homeowners rely on the expertise of the building department but unfortunately he has seen these types of issues come up during closings. Cindy Bequeaith-said that the homeowner has pictures from a year ago showing the sidewalk in the same condition so how do we prevent this from happening again moving forward? Mayor Papaleo-explained that there is a process and the process is that the request is denied; the payment must be made and then if the homeowner feels this is an unjust action, they must pursue it with a claim to our insurance. Our insurance company will decide if there is merit to that claim or not. The Mayor feels that it would be a mistake for this Council to start arbitrarily deciding whether or not this incident is correct or not correct. He stated again that the process must be the process because they have an obligation to the residents to River Edge not to make the borough vulnerable to litigation that would follow if they started making these sort of exceptions. He said that this is very different that waiving a police fee for an event that will take place. The Mayor said that they will look into these matters but can’t adjudicate whether to give relief to homeowners as they sell their property. Tom Sarlo, Esq.- gave an example of an instance in another town where someone’s car was towed for being unregistered or uninsured and subsequently went to court and had the ticket dismissed. He then went to the Mayor and Council and asked to be reimbursed for the towing fee of $250 who in turn informed him that they did not have that authority and explained the process if he wanted to pursue it. Mr. Sarlo again stated that he understands the frustration and suggested looking into whether it was the same inspector that issued the CO or if it was two different inspectors to try and figure out what happened. He would advise against the Mayor and Council authorizing any type of reimbursement. Cindy Bequeaith-asked Ms. Aportela to provide the information that they would need so she can forward it to the family. She asked how a homeowner who is selling their home would know what the borough requirements are so this doesn’t happen again in the future sales. Tom Sarlo, Esq.-explained that usually in other towns, inspectors have a checklist that they provide to the seller and keeps a copy for the office so that may be something we want to look at. Mayor Papaleo-asked Lissette to reach out to the Building Department and find out, for the Council’s benefit, who was the original issuer of the C.O, the current issuer of the C.O. and look into the idea of a checklist and if we use it, how effective it is. On motion by Councilwoman Busteed, seconded by Councilwoman Kinsella to close public comments was unanimously approved. COUNCIL COMMENTS - Councilwoman Busteed – thanked the Director of Recreation and Cultural Affairs and the members of those two committees for their help in putting together River Edge Day. She said it was wonderful to be back in Memorial Park with everybody and hoped that everyone enjoyed it as much as she did. Councilwoman Busteed also acknowledged and recognized the 44 volunteers that were at KBG Park on Saturday, including our own Councilwoman Michelle Kaufman who helped clean the river. They collected an astounding 8,000 lbs of debris from the river, a lot having to do with debris from Hurricane Ida. She said that this highlights what can end up in our waterways if we’re not careful about our stormwater and taking care of disposing debris property. She again thanked everyone especially the Environmental Commission Chairwoman Laura Hoogstrate who organizes that event for us every year. Councilwoman Montisano-Koen-reminded everyone that this is restaurant week which is sponsored by Rec Commission and encouraged people to eat local. She also informed everyone that the River Edge Run will occur on October 16th with check in at Cherry Hill School at 8 a.m. and there will be Halloween in the Park on October 24th at 2 p.m. at Memorial Park. Councilman Chinigo-wanted to assure the public that the Continental Avenue project isn’t something that they bite into lightly as they’ve had several on-site meetings with our professionals and individuals who chimed in on it and worked very hard. He agrees with Mr. Costa that once it’s done it will be a benefit to people of River Edge, it will slow down traffic and will make it safer for our children to cross whether on foot or on bike. He wanted to commend everyone who has been involved with the project and let the people of River Edge know that they are in good, thoughtful and hardworking hands. On motion by Councilwoman Kaufman, seconded by Councilman Chinigo, resolution #21- 295 was approved unanimously. #21-295 Resolution to Go Into Closed Session and Exclude Public WHEREAS, the Open Public Meetings Act, N.J.S.A. 10:4-12, permits the exclusion of the public from a meeting in certain enumerated circumstances; and WHEREAS, this public body is of the opinion that such circumstances will or 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 October 12, 2021 Regular Meeting and discussion of the hereinafter specified subject matter: Closed Session Statutory Docket # Item Title or Description Reference 21-10/12-1 Attorney-Client Privilege N.J.S.A. 10:4-12(b)(7) Workers Compensation Claim JIF 2020204665 21-10/12-2 Personnel - Vacancies N.J.S.A. 10:4-12(b)(8) 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. October 12, 2021 ADJOURNMENT – 8:02 P.M. On motion by Councilwoman Kaufman, seconded by Councilman Chinigo to adjourn the meeting at 8:02 p.m. was unanimously approved. ___________________________________ Mayor Thomas Papaleo Attest: ____________________________ Judy O’Connell, Deputy Clerk