Mayor & Council Meeting

MINUTES Regular Meeting of the Mayor and Council Monday, November 8, 2021 6:30 P.M. CALL TO ORDER – Mayor Papaleo called the meeting to order at 6:30 p.m. in the Council Chambers of the Borough Hall. SILENT PRAYER – FLAG SALUTE Mayor Papaleo called for a moment of silent reflection and led the salute to the flag. STATEMENT OF COMPLIANCE – 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 – Councilman Chinigo, Councilman Gautier, Councilwoman Kaufman, Councilwoman Kinsella, Councilwoman Montisano-Koen and Mayor Papaleo were present; Councilwoman Busteed was absent. On motion by Councilman Gautier, seconded by Councilman Chinigo, resolution #21-302 was approved unanimously. #21-302 Appoint Borough Clerk WHEREAS, a vacancy exists in the position of Borough Clerk; and WHEREAS, pursuant to NJSA 40A:9-133(a) in every municipality there shall be a municipal clerk appointed for a three-year term by the governing body of the municipality. NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Borough of River Edge that Anne Dodd, RMC (Certification Number C-1743) is hereby appointed as Borough Clerk effective November 29, 2021, at an initial salary of $90,000 for an initial term of office to expire November 29, 2024. BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the New Jersey Division of Local Government Services. November 8, 2021 Mayor Papaleo administered the Oath of Office to Anne Dodd. Anne Dodd-sais that she is very excited to have been selected for this position and is looking forward to serving the residents of River Edge and the Governing Body. Mayor Papaleo administered the Oath of Office to Andrew Capuano as a Junior Firefighter. Mayor Papaleo said that although the final election results are not in, congratulated Councilwoman Kaufman on her re-election and Klodiana Malellari on her election win to the Council. APPROVAL OF MINUTES - On motion by Councilwoman Kaufman, seconded by Councilwoman Montisano-Koen the minutes of the Mayor and Council Regular Meeting of October 25, 2021 were approved on the following roll call: Councilman Gautier, Councilwoman Kaufman, Councilwoman Kinsella voted yes; Councilman Chinigo and Councilwoman Montisano-Koen abstained; Councilwoman Busteed was absent.  On motion by Councilwoman Kaufman, seconded by Councilwoman Montisano-Koen, the minutes of the Special Meeting of the Mayor and Council of October 28, 2021 were unanimously approved. On motion by Councilwoman Kaufman, seconded by Councilwoman Montisano-Koen, the minutes of the Closed Session Meeting of the Mayor and Council of October 28, 2021 were unanimously approved. FOR DISCUSSION – Fire Department: SCOTT Pak Replacement – Lissette Aportela, Borough Administrator – explained that the Fire Department applied for a highly competitive grant which is administered through FEMA. When Chief Sanders presented his capital budget and 5 year plan, he did mention that if they were not awarded the grant to anticipate in the 2022 budget to appropriate $300,000 for SCOTT Pak replacement. This is a vital piece of equipment that our firefighters need. She said that unfortunately we were not awarded the grant and Assistant Chief Cariddi received a quote for $284,000 which is a price that the vendor will hold through the end of the year. She further explained that the intent is to adopt a bond ordinance to cover the financing in order to purchase the SCOTT Paks now at todays current price due to the volatility of the market. She said that our Chief Financial Officer will explain how the financing will work. Chief Sanders & Assistant Chief Cariddi-explained what SCOTT Paks are and the importance of purchasing them before the end of the year. Assistant Chief Cariddi said that there have been upgrades since they purchased the Paks in 2004 but they are no longer supported. He said that they are vital to their operation and are desperately needed. Chris Battaglia, Chief Financial Officer – explained that if the governing body is on board with this purchase, they have prepared 4 items for their approval. The first item is an emergency authorization for $270,000, second, a resolution for another emergency authorization for the capital improvement fund, third would be a bond ordinance authorizing debt against the project and last a resolution to amend the capital budget. He further explained that if they move forward with all of the items, they will be able to take action immediately. Councilwoman Kinsella-asked what the life span of SCOTT replacement Paks. Assistant Chief Cariddi-replied that they wouldn’t be putting in another request for another 15 to 18 years. He was concerned about the timing of getting the purchase order to the vendor before January 1st. Chris Battaglia-explained that by adopting the emergency authorization, it will give them the ability to issue a P.O. immediately. They would have to add a resolution to authorize moving forward with the purchase at the next meeting. Lissette Aportela-said that the vendor is under state contract and by introducing the ordinance and adopting the supporting resolutions now, they will list the resolution for the purchase at the next meeting. Library Renovation Project – Lissette Aportela-said that the Library received a grant for their flex space project that includes HVAC upgrades and the installation of the generator. She further explained that on Friday, they had a bid opening and the lowest bid came out to $627,000. The library expects to receive a grant for $263,000 and the borough did obtain some funding through a bond for this project. However, there is not enough money in the bond to cover it and you can’t award a project without having enough money to cover it in full. She said that in order to award a contract to the lowest bidder, they would need to authorize debt through another bond ordinance for a total of $375,000. Once the grant funding does come in, it would offset the debt. She said that if they reject the bids, there’s no telling what the next set of bid prices may come in at. The architect is recommending that if the funding can be secured to move forward, that way the Library can get the project moving forward during the winter. Daragh O’Connor-said that the HVAC overall has been badly needed for many years and with a new generator they can be up and running during the next disaster. The multi-purpose room and the children’s service desk will be used a lot for years to come. He said that they were one of the applicants chosen for the grant out of several hundreds and managed to secure $263,000 of matching funds. Maxine Rumsby- said that in addition to the $263,000 they also received $40,000 towards the flex space through donations and from generous people who willed money to the Library. She said that they are using part of that money for the ADA desk which would leave $15,000 that would be added to the $263,000 grant. Councilman Chinigo-asked how much money are they being asked to lay out in the end? Chris Battaglia-said $96,841.00 with everything considered. Councilman Chinigo-said with all considered, it sounds reasonable. Councilman Gautier-said that ever since he was the Library liaison a few years ago, they’ve been talking about a new HVAC system and feels that it’s long overdue. He said that one of the things that he’s constantly heard is that we need more meeting space and that would help serve that purpose as well. Councilwoman Montisano-Koen-said that after speaking with Lissette, we need to do this now because we may lose the grant. She thanked Chris for finding a way to make it happen. Mayor Papaleo-said that the Library has remained open during the summer and was used as a cooling center as well as being used at other times when we need emergency shelter. He said the Library has always cooperated with the borough and feels that this is money very well spent. Lissette Aportela-said that if the governing body chooses to proceed, Chris will reach out to Bond Counsel to prepare the necessary documentation and will be listed at the next meeting. There was no objection by the Council. Historic Preservation Commission Student Liaison- Lissette Aportela-explained that over the summer, the governing body had appointed a student as an alternate member. She also explained how Historic Commissions work as they are established under the Municipal Land Use Law and the criteria for certain appointed members. She said that alternates serve 2 year terms and by having a student, who is usually a senior in the alternate position, won’t be able to fulfill the 2 year term. What many municipalities are doing because they want to engage students in the history of the municipality, they create a student liaison, which is non-voting member but is able to participate as needed. This would enable a 2 year alternate position available to any resident in town. If the governing body wishes to proceed, it is a very simple ordinance to add the student liaison for a 1 year term. Councilwoman Kaufman-said that if they do find a sophomore or junior, they would just re-appoint them for the following year. There was no objection by the Council. Direct Deposit Mandate- Lissette Aportela-explained that in 2014 there was a state statute to authorized local governments to mandate direct deposit for employees. When they updated the personnel manual, they did reference having a direct deposit mechanism. She said that there are certain existing employees that prefer getting a regular live check and the purpose of this ordinance is to have a direct deposit mandate for all employees that are new hires and an opt-out option for existing employees. She said that this is just a housekeeping tool to codify language that is in our personnel manual. Councilman Gautier-wanted to clarify that if someone wants a paper check, they wouldn’t be prohibited from getting one. Lissette Aportela-replied yes, for existing employees. For any new employees, they’ll have to have direct deposit. There were no objections by the Council. Request from Fire Co.#1 to Serve Alcohol at their Holiday Party- Lissette Aportela- received a request from the Fire Department seeking to have a holiday gathering. As part of the updated alcohol policy, the request is something the governing body has to decide whether or not to grant it. The consensus of the Council was to approve the request. Outdoor Dining Ordinance- Tom Sarlo, Esq., Borough Attorney-said he was asked by the governing body to prepare a seasonal outdoor dining ordinance. He had distributed the draft copy to the Council which included recommendations and comments he received from our Zoning Officer, Tom Behrens. He stated that he would like direction from the Council whether they would allow music to be played outdoors which may affect the noise ordinance. The other item he would like direction on is hours of operation. He feels that the language that is in there now is subjective and Tom Behrens agrees, which allows the Zoning Officer to decide per application how long they should be open for. This might come into play if there is an establishment that is located in a residential section of town. He suggests that they have a set time but leaves it open for discussion. There were discussions about whether exceptions could be made if an establishment was away from a residential area and whether to have set times for weekdays and weekends. Councilman Chinigo-suggested that they extend past October 1st. Mayor Papaleo-said that when he met with the professionals they felt that there should be a beginning and end. Councilman Chinigo-asked if there is a reason why it ends in October and why don’t we have it year-round? Tom Sarlo, Esq.-responded that for year-round it would become a permanent structure and then it would become a zoning issue where they would have to go for zoning approvals, parking, variances, etc. By having a seasonal ordinance, this wouldn’t involve site plan approval. There was discussion on whether to allow outdoor music at all or possibly allow it during certain hours for weekends or weekdays. There were concerns about enforcement and the fact that music can carry depending on the weather. Mayor Papaleo-said that they can always re-visit this at a future time. The consensus of the Council is to allow outdoor dining on Friday and Saturday to 11 p.m., and Sunday through Thursday to 10 p.m. They were also in agreement with starting seasonal dining from April 1st to October 31st. Mr. Sarlo said he will make the revisions and have the ordinance ready for first reading at the next meeting on November 22nd. Mayor Papaleo-asked Lissette Aportela to send a copy of the ordinance to the restaurants that have outdoor dining currently to let them know what the Council’s plans are. Recreation 5 Year Plan – Councilman Chinigo-stated that he thought this topic should be carried to the next meeting because Councilwoman Busteed may have some input as she was a past liaison to the Rec Commission and is absent this evening. There were no objections by the Council. Mayor Papaleo-read a letter he received from the New Jersey Department of Transportation informing him that we have been selected to receive funding from the NJDOT Fiscal Year 2022 Municipal Aid Program for the Bogert Road (Section 6) Project in the amount of $221,000. PUBLIC COMMENTS ON ANY ITEM ON THIS AGENDA – On motion by Councilwoman Kinsella, seconded by Councilman Gautier to open for public comments on any item on the agenda was unanimously approved. There being no comments by the public, the motion by Councilwoman Kaufman, seconded by Councilman Chinigo to close public comments on any item on the agenda was unanimously approved. APPOINTMENTS & PERSONNEL CHANGES – On motion by Councilwoman Montisano-Koen, seconded by Councilwoman Kinsella, the appointments and personnel changes were approved unanimously as follows: The resignation of Anthony Preziuso, Department of Public Works effective November 5, 2021; The salary increase of Sergeant Marc Abate from an annual salary of $132,248.00 to $142,828.00 due to performing the duties of a higher rank, effective November 1, 2021. MONTHLY REPORTS – Tax Collector - October 2021 Library Board - November 2021 FIRST READING – ORDINANCES  Mayor Papaleo read the title of Ordinance #21-26 into the record. Ordinance #21-26 – AN ORDINANCE TO AMEND CHAPTER 206 OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF RIVER EDGE, ENTITLED “FEES” Lissette Aportela – said that this is mainly to remove fees that are on the books for items that are no longer provided or inconsistent with state statute. On motion by Councilwoman Montisano-Koen, seconded by Councilman Gautier, the first reading of Ordinance #21-26 was unanimously approved as follows: BOROUGH OF RIVER EDGE ORDINANCE #21-26 AN ORDINANCE TO AMEND CHAPTER 206 OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF RIVER EDGE, ENTITLED “FEES”. BE IT ORDAINED by the Mayor and Council of the Borough of River Edge that the following amendments to Section 206-2 entitled “Schedule of Fees” are hereby approved: Section 1. Subsection A shall be amended by the following: Delete: A. Dog license and registration tag (on or after March 1, if renewal, additional penalty of $6 will be charged for administration fee). (1) Neutered dog: $11. (2) Unneutered dog: $14. Add: A.Dog license and registration tag (on or after March 1, if renewal, additional penalty of $6 will be charged for administration fee). (1) Neutered dog: $13. (2) Unneutered dog: $16. Section 2. Subsection B shall be amended by the following: Delete: B. Cat license and registration tag (on or after March 1, if renewal, additional penalty of $6 will be charged for administration fee). (1) Neutered cat: $6. (2) Unneutered cat: $8. Add: A.Cat license and registration tag (on or after March 1, if renewal, additional penalty of $6 will be charged for administration fee). (1) Neutered cat: $8. (2) Unneutered cat: $10. Section 3. Subsection E shall be amended by the following: Delete: Zoning booklet: $18. Section 4. Subsection F shall be amended by the following: Delete: Site plan review booklet: $24. Section 5. Subsection G shall be amended by the following: Delete: Subdivision of land booklet: $5. Section 6. Subsection H shall be amended by the following: Delete: H. Liquor license distribution. (1) Distributions. (a) 2006 to 2007: $1,032. (b) 2007 to 2008: $1,238. (c) 2008 to 2009: $1,485. (d) 2009 to 2010: $1,782. (e) 2010 to 2011: $2,138. (f) 2011 to 2012: $2,500. (g) Annually thereafter: $2,500. (2) Consumption. (a) 2006 to 2007: $2,400. (b) 2007 to 2008: $2,500. (c) Annually thereafter: $2,500. Add: H. Liquor Licenses (1) Distribution License: $2500 (2) Consumption License: $2500 (3) Club License: $50 Section 7. Subsection N shall be amended by the following: Add: N. Insufficient Funds Fee: $20 Section 8. Subsection V shall be amended by the following: Delete: Xerox copies. Number of Pages Fee (per page) 1-10 $0.75 11-20 $0.50 Over 20 $0.25 Section 9. Subsection X shall be amended by the following: Delete: (1) Photocopies Number of Pages Fee (per page) 1-10 $0.75 11-20 $0.50 Over 20 $0.25 Add: (1) The fee assessed for discovery embodied in the form of printed matter shall be $ 0.05 per letter size page or smaller, and $ 0.07 per legal size page or larger. Section 10. Subsection EE shall be amended by the following: Delete: Raffle license Fee 2009 $15 2010 $20 Variance applications $250 (3 or fewer variances) Bulk variances $250 for an application requesting three or less variances, and an additional $100 per variance for each variance application requesting more than three variances Use variances An application of $500, a minimum of $1,500 in escrow Each additional variance over 3 $100 School election fee $70 per hour Planning Board - site plan review Application fee for soil movement $350 permits for 100 or more cubic yards of soil Add: Variance applications $300 (3 or fewer variances) Bulk variances $300 for an application requesting three or less  variances, and an additional $150 per variance for each variance application requesting more than three variances Use variances An application of $1000, a minimum of $1,500 in escrow Each additional variance over 3 $150 Building Department - site plan review Application fee for soil movement $350 permits for 100 or more cubic yards of soil Section 11. Subsection KK shall be created with the following: KK. Fire Prevention Fees: (1) State Permits Type 1 $54 Type 2 $214 Type 3 $427 Type 4 $641 Type 5 N/A (2) Local Permit Fees: BUSINESS PROPERTIES: Exceeding 50,000 sq. ft. $250 gross floor area Exceeding 25,000 sq. ft. $200 gross floor area Exceeding 10,000 sq. ft. $150 gross floor area Exceeding 5,000 sq. ft. $100 gross floor area All other business properties $50 not mandated by the State Uniform Fire Code Storage of Hazardous Chemicals, $75 Pesticides, Flammable Finishes not covered by the State Uniform Fire Code MULTIPLE DWELLINGS: Up to 15 Dwelling Units $30 16 to 30 Dwelling Units $45 31 to 60 Dwelling Units $60 61 to 100 Dwelling Units $90 100 to 200 Dwelling Units $150 201 to 300 Dwelling Units $225 301 to 400 Dwelling Units $300 Any non-owner occupied $30 building in Use Group R-3 (3) RENTAL OF 1 & 2 FAMILY HOMES Smoke Detector, Carbon Monoxide $35 Alarm, & Fire Extinguisher Certification Section 12. 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 13. 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 14. This Ordinance shall take effect immediately upon final passage and publication as required by law. INTRODUCED: ADOPTED: ___________________________________ Thomas Papaleo, Mayor ATTEST: _________________________________ Judy O’Connell, Deputy Borough Clerk *********** Mayor Papaleo read the title of Ordinance #21-27 into the record. Ordinance #21-27 – AN ORDINANCE TO AMEND ARTICLE II, CHAPTER 114 OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF RIVER EDGE, ENTITLED ALCOHOLIC BEVERAGES Lissette Aportela- explained that after going over the liquor license fees, some of the language was outdated or needed clarification so this cleans up the alcoholic beverage portion of our general code. On motion by Councilwoman Kinsella, seconded by Councilwoman Kaufman, the first reading of Ordinance #21-27 was unanimously approved as follows: BOROUGH OF RIVER EDGE ORDINANCE #21-27 AN ORDINANCE TO AMEND ARTICLE II, CHAPTER 114 OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF RIVER EDGE, ENTITLED ALCOHOLIC BEVERAGES. BE IT ORDAINED by the Mayor and Council of the Borough of River Edge that the following amendments to Article II entitled “Licenses” are hereby approved: Section 1. Section 114-4, entitled “Issuance authority” shall be amended by the following: Delete: The Mayor and Council of the Borough shall constitute the authority for the administration of issuance of licenses under this chapter and shall forthwith report the issuance of all such licenses to the Director of the Division of Alcoholic Beverage Control. Add: The Mayor and Council of the Borough shall constitute the authority for the administration of issuance of licenses under this chapter. The Borough Clerk shall forthwith report the issuance of all such licenses to the Director of the Division of Alcoholic Beverage Control. Section 2. Section 114-6, entitled “Plenary retail consumption license” shall be amended by the following: Delete: A. Fee. The fee for a plenary retail consumption license shall be as set forth in the Borough Fee Schedule, adopted by resolution of the Borough Council, on file in the office of the Borough Clerk. Add: A. Fee. The fee for a plenary retail consumption license shall be as set forth in the Borough Fee Schedule as indicated in § 206-2(H) and be kept on file in the office of the Borough Clerk. Section 3. Section 114-7, entitled “Plenary retail distribution license” shall be amended by the following: Delete: The fee for a plenary retail distribution license shall be as set forth in the Borough Fee Schedule, adopted by resolution of the Borough Council, on file in the office of the Borough Clerk. The annual license fee shall not be modified or changed until such time as this chapter shall be amended. The holder of this license shall be entitled, subject to rules and regulations, to sell any alcoholic beverages for consumption off the licensed premises, but only in original containers. Add: A. Fee. The fee for a plenary retail distribution license shall be as set forth in the Borough Fee Schedule as indicated in § 206-2(H) and be kept on file in the office of the Borough Clerk. B. Rights of licensee. The holder of this license shall be entitled, subject to rules and regulations, to sell any alcoholic beverages in original containers only, for consumption off the licensed premises. Section 4. Section 114-8, entitled “Club License” shall be amended by the following: Delete: The fee for a club license shall be as set forth in the Borough Fee Schedule, adopted by resolution of the Borough Council, on file in the office of the Borough Clerk. The holder of this license shall be entitled, subject to rules and regulations, to sell any alcoholic beverages, but only for immediate consumption on the licensed premises and only to bona fide club members and their guests. Club licenses may be issued only to such corporations, associations and organizations as are operated for benevolent, charitable, fraternal, social, religious, recreational, athletic or similar purposes, and not for private gain, and which comply with all conditions which may be imposed by the Director of Alcoholic Beverage Control by rules and regulations. Each application for a club license shall set forth the names and address of all officers, trustees, directors or other governing officials, together with the names and addresses of all the members of the applying club, corporation or association. Add: A. Fee. The fee for a club license shall be as set forth in the Borough Fee Schedule as indicated in § 206-2(H) and be kept on file in the office of the Borough Clerk. B. Rights of licensee. The holder of this license shall be entitled, subject to rules and regulations, to sell any alcoholic beverages, but only for immediate consumption on the licensed premises and only to bona fide club members and their guests. Club licenses may be issued only to such corporations, associations and organizations as are operated for benevolent, charitable, fraternal, social, religious, recreational, athletic or similar purposes, and not for private gain, and which comply with all conditions which may be imposed by the Director of Alcoholic Beverage Control by rules and regulations. Each application for a club license shall set forth the names and address of all officers, trustees, directors or other governing officials, together with the names and addresses of all the members of the applying club, corporation or association. Section 5. Section 114-9 shall be amended by the following: Delete: § 114-9 Duration of license; prorated fee. All licenses shall be for a term of one year from July 1 in each year, and all fees shall be paid in advance upon presentation of the application, provided that any licensee, except a seasonal retail consumption licensee, who shall voluntarily surrender his license and who shall not have committed any violation of this chapter, or of any rule or regulation, and who shall have paid all taxes, setoffs or counterclaims that may have become due to the State of New Jersey or to the Borough of River Edge, shall be entitled, after deduction of 50% of such fee, as a surrender fee, to the prorated fee for the unexpired term. Add: § 114-9 Duration of license All licenses shall be for a term of one year from July 1 through June 30 in each year, and all fees shall be paid in advance upon presentation of the application. Section 6. Section 114-10 shall be amended by the following: Add: § 114-10 Application for License: Transferring Licenses A. Every applicant for a license shall cause a notice of intention to make such application to be published in accordance with the rules and regulations prescribed by the Division of Alcoholic Beverage Control of the State of New Jersey. All applications for licenses shall set forth, in full, answers to questions prescribed by the aforesaid Act, and by the Rules and Regulations of the Director of the Division of Alcoholic Beverage Control and shall include declarations called for by these provisions. B. When any license is issued it shall be issued to the persons applying therefor. The word "person" as herein used shall be deemed to mean any natural person or association of natural persons, association, trust company, partnership, corporation, organization, or the manager, agent, servant, officer, or employee of any of them. A separate license shall be required for each specific place of business, and each license shall be effectual only for the licensed premises mentioned therein; provided, however, that upon an application for a transfer in the same manner as for an original application, and upon publication of intention to transfer in the same manner as in the case of an original application, the Mayor and Council of the Borough may issue a transfer of such license to a different place of business by endorsing such permission upon such license, and upon payment of applicable fees. Section 7. 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 8. 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 9. This Ordinance shall take effect immediately upon final passage and publication as required by law. INTRODUCED: ADOPTED: ___________________________________ Thomas Papaleo, Mayor ATTEST: _________________________________ Judy O’Connell, Deputy Borough Clerk ******** Mayor Papaleo read the title of Ordinance #21-28 into the record. Ordinance #21-28 – 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 Lissette Aportela-explained that this ordinance is to update the compensation for the position of Borough Clerk. On motion by Councilman Chinigo, seconded by Councilwoman Kaufman, the first reading of Ordinance #21-28 was unanimously approved as follows: BOROUGH OF RIVER EDGE ORDINANCE #21-28 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 2021 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: The title and compensation for the full-time position of the Borough of River Edge for the year 2021 shall be amended as follows: 2021 BOROUGH HALL Borough Clerk 65,000 – 100,000  Section 2. Any and all other ordinances or parts thereof in conflict or inconsistent with any of the terms hereof are hereby repealed to such extent as they are so in conflict or inconsistent. Section 3. In case any article, section or provision of this ordinance shall be held invalid in any court of competent jurisdiction, the same shall not affect any other article, section or provision of this ordinance except insofar as the article, section or provision so declared invalid shall be inseparable from the remainder or any portion thereof. Section 4. This Ordinance shall take effect immediately upon final passage and publication as required by law. INTRODUCED: ADOPTED: ___________________________________ Thomas Papaleo, Mayor ATTEST: _________________________________ Judy O’Connell, Deputy Borough Clerk ******** Mayor Papaleo read the title of Ordinance #21-29 into the record. Ordinance #21-29 - BOND ORDINANCE TO AUTHORIZE THE ACQUISITION OF NEW SELF- CONTAINED BREATHING APPARATUS EQUIPMENT FOR THE USE OF THE FIRE DEPARTMENT IN, BY AND FOR THE BOROUGH OF RIVER EDGE, IN THE COUNTY OF BERGEN, STATE OF NEW JERSEY, TO APPROPRIATE THE SUM OF $280,000 TO PAY THE COST THEREOF, 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. Lissette Aportela- stated that as discussed earlier in the meeting, this ordinance is to provide funding for the SCOTT Pak replacements for our Fire Department. On motion by Councilwoman Montisano-Koen, seconded by Councilman Chinigo, the first reading of Ordinance #21-29 was approved unanimously as follows: BOROUGH OF RIVER EDGE ORDINANCE #21-29 BOND ORDINANCE TO AUTHORIZE THE ACQUISITION OF NEW SELF-CONTAINED BREATHING APPARATUS EQUIPMENT FOR THE USE OF THE FIRE DEPARTMENT IN, BY AND FOR THE BOROUGH OF RIVER EDGE, IN THE COUNTY OF BERGEN, STATE OF NEW JERSEY, TO APPROPRIATE THE SUM OF $280,000 TO PAY THE COST THEREOF, 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 acquire new additional or replacement equipment and machinery consisting of self-contained breathing apparatus equipment for the use of the Fire Department in, by and for the Borough. Said improvement shall include all work, materials and appurtenances necessary and suitable therefor. Section 2. The sum of $280,000 is hereby appropriated to the payment of the cost of making the improvement described in Section 1 hereof (hereinafter referred to as "purpose"). Said appropriation shall be met from the proceeds of the sale of the bonds authorized and the down payment appropriated by this ordinance. Said improvement shall be made as a general improvement and no part of the cost thereof shall be assessed against property specially benefited.  Section 3. It is hereby determined and stated that (1) said purpose is not a current expense of said Borough, and (2) it is necessary to finance said purpose by the issuance of obligations of said Borough pursuant to the Local Bond Law (Chapter 2 of Title 40A of the New Jersey Statutes Annotated, as amended; the "Local Bond Law"), and (3) the total estimated cost of said purpose is $280,000, and (4) $14,000 of said sum is to be provided by the down payment hereinafter appropriated to finance said purpose, and (5) the estimated maximum amount of bonds or notes necessary to be issued for said purpose is $266,000, and (6) the cost of such purpose, as hereinbefore stated, includes the aggregate amount of $10,000 which is estimated to be necessary to finance the cost of such purpose, including architect's fees, accounting, engineering and inspection costs, legal expenses and other expenses, including interest on such obligations to the extent permitted by Section 20 of the Local Bond Law. Section 4. It is hereby determined and stated that moneys exceeding $14,000, appropriated for down payments on capital improvements or for the capital improvement fund in budgets heretofore adopted for said Borough or heretofore appropriated for down payments or for the capital improvement fund by an emergency appropriation, are now available to finance said purpose. The sum of $14,000 is hereby appropriated from such moneys to the payment of the cost of said purpose. Section 5. To finance said purpose, bonds of said Borough of an aggregate principal amount not exceeding $266,000 are hereby authorized to be issued pursuant to the Local Bond Law. Said bonds shall bear interest at a rate per annum as may be hereafter determined within the limitations prescribed by law. All matters with respect to said bonds not determined by this ordinance shall be determined by resolutions to be hereafter adopted. Section 6. To finance said purpose, bond anticipation notes of said Borough of an aggregate principal amount not exceeding $266,000 are hereby authorized to be issued pursuant to the Local Bond Law in anticipation of the issuance of said bonds. In the event that bonds are issued pursuant to this ordinance, the aggregate amount of notes hereby authorized to be issued shall be reduced by an amount equal to the principal amount of the bonds so issued. If the aggregate amount of outstanding bonds and notes issued pursuant to this ordinance shall at any time exceed the sum first mentioned in this section, the moneys raised by the issuance of said bonds shall, to not less than the amount of such excess, be applied to the payment of such notes then outstanding. Section 7. Each bond anticipation note issued pursuant to this ordinance shall be dated on or about the date of its issuance 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 8. It is hereby determined and declared that the period of usefulness of said purpose, according to its reasonable life, is a period of ten years computed from the date of said bonds. Section 9. It is hereby determined and stated that the Supplemental Debt Statement required by the Local Bond Law has been duly made and filed in the office of the Borough Clerk of 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 $266,000 and that the issuance of the bonds and notes authorized by this ordinance will be within all debt limitations prescribed by said Local Bond Law. Section 10. Any funds received from private parties, the County of Bergen, the State of New Jersey or any of their agencies or any funds received from the United States of America or any of its agencies in aid of such purpose, shall be applied to the payment of the cost of such purpose, or, if bond anticipation notes have been issued, to the payment of the bond anticipation notes, and the amount of bonds authorized for such purpose shall be reduced accordingly. Section 11. The capital budget is hereby amended to conform with the provisions of this ordinance to the extent of any inconsistency therewith and the resolutions promulgated by the Local Finance Board showing full detail of the amended capital budget and capital program as approved by the Director, Division of Local Government Services, is on file with the Borough Clerk and is available for public inspection.  Section 12. The Borough intends to issue the bonds or notes to finance the cost of the improvement described in Section 1 of this bond ordinance. If the Borough incurs such costs prior to the issuance of 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 13. 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 14. This ordinance shall take effect twenty days after the first publication thereof after final passage. _________________________________ Mayor Thomas Papaleo Attest: __________________________ Judy O’Connell, Deputy Clerk RESOLUTIONS - By Consent On motion by Councilwoman Kinsella, seconded by Councilman Gautier, resolution #21-303 through #21-319 were unanimously approved. #21-303 Approve Change Order #1-2021 Road Improvement Program WHEREAS, via resolution #R21-156, adopted May 24, 2021, the Mayor and Council authorized the award of a contract to D&L Paving Contractors, Inc., for the 2021 Road Improvement Program in the amount of $539,297.25; and WHEREAS, N.J.A.C. 5:34-4.7 permits change orders for construction, reconstruction and major repair contracts; and WHEREAS, there is a need to consider Change Order No 1 due to a decrease in quantities which resulted in a decrease of $36,215.68; and WHEREAS, the total amount of change orders approved to date including this change order do not exceed the originally awarded contract price by more than 20 percent; and WHEREAS, Change Order No. 1 had been reviewed and approved by the Borough Engineer. NOW THEREFORE BE IT RESOLVED by the Mayor and Council of the Borough of River Edge that it does hereby authorize Change Order No. 1, a copy of which is attached hereto. BE IT FURTHER RESOLVED that the Borough Administrator is hereby authorized to execute Change Order #1. BE IT FURTHER RESOLVED that this Change Order shall decrease the final contract price from $539,297.25 to $503,081.57. November 8, 2021 ******** #21-304 Adopt Computer Security Incident Response & Business Continuity Plan WHEREAS, the New Jersey Municipal Excess Liability Joint Insurance Fund has established a cyber risk management program; and WHEREAS, program establishes a minimum set of technology proficiency standards and provides reimbursement of a portion of a member’s deductible if they were in compliance with the minimum standards at the time of the claim; and  WHEREAS, the Borough of River Edge is certified for Tier 1 and must adopt a Business Continuity Plan to meet all the Tiers of the program; and NOW, THEREFORE BE IT RESOLVED, by the Mayor and Council of the Borough of River Edge that the attached Computer Security Incident Response & Business Continuity Plan is hereby approved. November 8, 2021 RIVER EDGE BOROUGH Computer Security Incident Response & Business Continuity Plan 2021 Purpose: This document describes the overall plan for responding to information technology security incidents at River Edge Borough. It defines responsibilities of participants, provides contact information and reporting requirements. The goal of the Computer Security Incident Response Plan is to detect and react to computer security incidents, determine their scope and risk, respond appropriately to the incident, communicate the results, and reduce the likelihood of the incident from reoccurring. Definitions: Cybersecurity Incident- a security incident is an event that is a: cyber security breach, or cyber extortion threat, or data breach. Cyber Security Breach- any unauthorized; access to, use or misuse of, modification to the network, and/or denial of network resources by attacks perpetuated through malware, viruses, worms, and Trojan horses, spyware and adware, zero-day attacks and denial of service attacks. Cyber‐Extortion Threat- A threat against a network to: 1. disrupt operations; 2. alter, damage, or destroy data stored on the network; 3. use the network to generate and transmit malware to third parties; 4. deface the member’s website; and 5. access personally identifiable information, protected health information or confidential business information stored on the network; made by a person or group, whether acting alone or in collusion with others, demanding payment or a series of payments in consideration for the elimination, mitigation or removal of the threat. Data Breach- The actual or reasonably suspected theft, loss or unauthorized acquisition of data that has or may compromise the security, confidentiality and/or integrity of personally identifiable information, protected health information, or confidential business information. Other security incidents • Attempts from unauthorized sources to access systems or data • Unplanned disruption to a service or denial of a service • Unauthorized processing or storage of data • Unauthorized changes to system hardware, access rights, firmware, or software • Presence of a malicious application, such as ransomware or a virus • Presence of unexpected/unusual programs • A denial of service condition against data, network or computer Key IT Contacts: Quikteks Help Desk- 973-882-4644 x 1 support@quikteks.com Quikteks Vice President, Nick Tammaro cell- 201-787-9068 River Edge Management contacts- Lissette Aportela – Administrator – laportela@riveredgenj.org Preparation- Preparation includes those activities that enable the Borough to respond to an incident: policies, tools, procedures and communication plans. Preparation also implies that the affected groups have instituted the controls necessary to recover and continue operations after an incident is discovered. Detection- Detection is the discovery of the event with security tools or notification by an inside or outside party about a suspected incident. This phase includes the declaration and initial classification of the incident. Containment- Containment is the triage phase where the affected host or system is identified, isolated or otherwise mitigated, and when affected parties are notified and investigative status established. Investigation- Investigation is the phase where Quikteks personnel determine the priority, scope, and root cause of the incident. Remediation- Remediation is the post-incident repair of affected systems, communication and instruction to affected parties, and analysis that confirms the threat has been contained. The determination of whether there are regulatory requirements for reporting the incident (and to which outside parties) will be made at this stage. Recovery- Recovery is the analysis of the incident for its procedural and policy implications. Incident response 1. The user aware of a possible security incident should identify the affected device(s) (individual machines or network equipment) and: a. Immediately contact tech support (Quikteks Help Desk- 973-882-4644 ext. # 1 or via e- mail support@quikteks.com) to report the event and follow their instructions. Weekends, afterhours or Holidays contact must be by phone. It is now the responsibility of tech support to notify River Edge Borough management of the incident and to execute the security incident response plan. b. Continue with Step 2 if tech support is not immediately available. 2. Isolate the affected devices from the network or internet by removing the network cable from the device. If operating via wireless, turn off the wireless connection. Turn the equipment off IF tech support is not immediately available or isolation is not possible. If the machine will not let you do that, unplug the power supply. 3. User reports the incident to management. a. if technology support has not been contacted by management by this time, management must communicate with support, advise them of the situation, and engage them in the matter. 4. Tech support assesses if the incident is a cyber security breach, cyber extortion threat, or data breach. If it is, or if there is any question that the incident may or may not be one, management contact the JIF Claims Administration to advise them of the incident and management (or tech support) will call the XL Catlin Data Breach Hotline (855-566-4724). If not answered, LEAVE A MESSAGE naming the Borough contact person. The hotline is manned 24/7 a message will be returned within 30 minutes. The hotline will respond with instructions. The matter will be given to a “breach advisor / counsel” (an attorney experienced in cybersecurity incidents) to coordinate the response. The Breach Counsel will reach out to the named contact person for the incident (River Edge Administrator and/or Tech Support (Quikteks). The named contact person shall provide all information about the incident and work with them to determine the next steps. a. Advise the Borough’s Administrator, the Mayor, the Borough Attorney and the Borough’s Risk Manager of the event and of any actions taken. b. Follow advice from Breach Counsel and Tech Support until the issue is resolved. c. Document all actions as they are being taken. 5. Instructions and updates including any anticipated downtime or connecting to alternate Disaster Recovery systems will be provided to employees. 6. Once incident is resolved a summary will be provided to Management on resolution and any evidence captured will be passed on. Data recovery/Operation & Business continuity processes: 1- Multiple server images are stored on a local NAS for backups in the event of corruption or hardware failure. If necessary, server images can be restored to a previously uninfected state on the Virtual Host. 2- If the Building is inaccessible from a disaster scenario or if the local backup is destroyed/ physically unavailable there are backup server images offsite which can be restored in the cloud for Disaster Recovery purposes. The cloud servers could be up and running within 2 days and accessed via secure VPN connections over the internet. If an Emergency Operation Center is established a new Host could be installed and the servers restored there locally. 3- The cloud backup service keeps an off-network copy ensuring that the data could be successfully restored even after experiencing a catastrophic cyber-attack. 4- The Financial application, Edmunds, is a cloud hosted program and can be accessed from any alternate emergency operation center with an internet connection. 5- Emails are currently being filtered through a continuity service, Reflexion, which will provide access for Employees to send and receive email from a web-based application if the email server is destroyed or temporarily unavailable. ******** #21-305 Approve Change Order #1 – 2020 CDBG Reservoir Avenue Road Improvement Project WHEREAS, via resolution #R21-253, adopted September 13, 2021, the Mayor and Council authorized the award of a contract to American Asphalt & Trucking, LLC, for the 2020 CDBG Reservoir Avenue Road Improvement Project in the amount of $66,192.95; and WHEREAS, N.J.A.C. 5:34-4.7 permits change orders for construction, reconstruction and major repair contracts; and WHEREAS, there is a need to consider Change Order No 1 due to a decrease in quantities which resulted in a decrease of $2,971.50; and WHEREAS, the total amount of change orders approved to date including this change order do not exceed the originally awarded contract price by more than 20 percent; and WHEREAS, Change Order No. 1 had been reviewed and approved by the Borough Engineer. NOW THEREFORE BE IT RESOLVED by the Mayor and Council of the Borough of River Edge that it does hereby authorize Change Order No. 1, a copy of which is attached hereto. BE IT FURTHER RESOLVED that the Borough Administrator is hereby authorized to execute Change Order #1. BE IT FURTHER RESOLVED that this Change Order shall decrease the final contract price from $66,192.95 to $63,221.45. November 8, 2021 ******** #21-306 Confirm Emergency Purchase – Fire Company #2 WHEREAS, the Borough of River Edge was impacted by Tropical Storm Ida, which impacted the State of New Jersey on September 1, 2021; and WHEREAS, Governor Murphy declared a State of Emergency due to the storm via Executive Order No. 259; and WHEAREAS, the Fire Company #2 was severely flooded, and the boiler and water heater were damaged; and  WHEREAS, the Superintendent of the Department of Public Works determined that this situation was an emergency affecting the public health, safety and welfare and the items needed to be replaced in order for Fire Company #2 to be operational and respond to emergency service calls; and WHEREAS, the Borough is required to contract with an outside vendor to supply and install a boiler and water heater in a timely and safe manner to provide for the safety of its residents; and WHEREAS, PT Hammer has responded to the emergency and provided the replacement and installation of a boiler and water heater for a total contract price of $9,980. NOW, THEREFORE BE IT RESOLVED, that the Mayor and Council of the Borough of River Edge hereby confirm that the Superintendent of the Department of Public Works was authorized to contract with PT Hammer of 744 Seventh Avenue for the furnishing and installation of a new boiler and water heater in the amount of $9,980.00 as an emergency purchase as per NJSA 40A:11-6. November 8, 2021 ******** #21-307 Confirm Emergency Purchase – Wayne Pump Station WHEREAS, the Borough of River Edge was impacted by Tropical Storm Ida, which impacted the State of New Jersey on September 1, 2021; and WHEREAS, Governor Murphy declared a State of Emergency due to the storm via Executive Order No. 259; and WHEAREAS, the Wayne Pump Station was severely flooded, and the muffin monster was damaged; and WHEREAS, the Superintendent of the Department of Public Works determined that this situation was an emergency affecting the public health, safety and welfare and needed to be replaced as this piece of equipment is vital for the pump station to move sewerage efficiently and effectively; and WHEREAS, the Borough is required to contract with an outside vendor to supply and install a muffin monster in a timely and safe manner to provide for the safety of its residents; and WHEREAS, Rapid Pump & Meter Service Co., Inc. has responded to the emergency and provided the replacement and installation of a muffin monster for a total contract price of $24,735.00. NOW, THEREFORE BE IT RESOLVED, that the Mayor and Council of the Borough of River Edge hereby confirm that the Superintendent of the Department of Public Works was authorized to contract with Rapid Pump & Meter Service Co., Inc. of 285 Straight Street, PO Box AY, Paterson, NJ 07509 for the furnishing and installation of a new muffin monster in the amount of $24,735.00 as an emergency purchase as per NJSA 40A:11-6. November 8, 2021 ******** #21-308 Authorize Tax Collector to Refund Taxes for 2009 Due to a New Jersey Tax Court Judgment WHEREAS, a Tax Court Judgment was entered on 10/22/2021 and the same was received by the tax office on 10/22/2021 reducing the assessed value on the property, known as Block: 1306 Lot: 4.03, located at Commerce Way for the year 2009; and WHEREAS, the 2009 taxes were paid in full. NOW, THEREFORE, BE IT RESOLVED that the Accounts Supervisor issue a check in the following amount and Tax Collector adjust her records accordingly. Block/Lot Old Value New Value Year Refund 1306/4.03 1,292,600 1,150,400 2009 3,472.52 Total: 3,472.52 Make check payable to: Law Office of Nathan P. Wolf, LLC and NEW BOSTON/PRISM CAPITAL PRTNRS LLC 360 Mount Kemble Avenue Morristown, NJ 07960 November 8, 2021 ******** #21-309 Authorize Tax Collector to Refund Payment Made on a Tax Exempt Property WHEREAS, Mr. Daniel Hong of 935 Fifth Avenue, Block 103 Lot 1.02 has qualified for the 100% Disabled Veteran Tax Exemption as of 01/12/21 and his exempt status was approved by the Tax Assessor after providing the necessary documents; and WHEREAS, the tax office has received a payment for the 3rd Quarter 2021 taxes on this property(s); and WHEREAS, a written request was received from their mortgage company to refund the overpaid amount directly to the mortgage company. NOW, THEREFORE, BE IT RESOLVED that the Account Supervisor is hereby authorized to issue a refund check in the following amount and the Tax Collector to adjust her records accordingly. BLOCK/LOT HOMEOWNER/ADDRESS TYPE AMOUNT 103/1.02 HONG, DANIEL & JINHEE DUPLICATE 4,537.44 935 FIFTH AVENUE TOTAL: $4,537.44 Make check payable to: CORE LOGIC TAX SERVICES P.O. Box 9202 Coppell, TX 75019-9978 Attn: Centralized Refunds November 8, 2021 ******** #21-310 Amend Professional Services Contract – IT Services WHEREAS, the Mayor and Council awarded a one-year contract for Information Technology Services through a non-competitive process pursuant to N.J.S.A. 19:44A-20.5; and WHEREAS, Resolution #R21-17 anticipated payments under said contract for 2021 in the total amount of $34,020; and WHEREAS, the Chief Financial Officer has determined that an amendment is required to increase the amount from $34,020 to $38,020 for aforesaid professional services for the remainder of 2021; and WHEREAS, the Chief Financial Officer has certified that funds are available and said certification is attached to the original of this resolution. NOW THEREFORE, BE IT RESOLVED that the Mayor and Council of the Borough of River Edge hereby approve the amendment of the professional services contract with Quikteks upon adoption of this resolution; and BE IT FURTHER RESOLVED, that in accordance with NJSA 40A:11-5 (1)(a)(i) the Borough Clerk shall publish a notice of amendment to a professional services contract stating the nature, duration, service and amount of the contract, and that the resolution and contract are on file and available for public inspection in the Office of the Borough Clerk in the Friday, November 12, 2021, edition of the Record. November 8, 2021 ******** #21-311 Recovering Funds from Non-Vested Former LOSAP Members WHEREAS, the Comptroller of the State of New Jersey issued an investigative report entitled "Emergency Services Volunteer Length of Services Award Program" on June 30, 2015; and WHEREAS, in that report the State Comptroller recommended as a best practice that LOSAP funds held in dormant accounts be returned to their sponsoring municipality; and WHEREAS, Gregory Leon contacted Lincoln Financial directly and indicated that he left volunteer service with the River Edge Volunteer Service; and WHEREAS, upon review of the account, Gregory Leon left service prior to vesting and if a participant leaves before vesting, the contract can be surrendered, and funds can be returned to the Borough. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of River Edge, that the Borough's Chief Financial Officer is authorized to request the return of the unvested funds to the Borough. BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Chief Financial Officer and Borough Administrator. November 8, 2021 ******** #21-312 Recovering Funds from Non-Vested Former LOSAP Members WHEREAS, the Comptroller of the State of New Jersey issued an investigative report entitled "Emergency Services Volunteer Length of Services Award Program" on June 30, 2015; and WHEREAS, in that report the State Comptroller recommended as a best practice that LOSAP funds held in dormant accounts be returned to their sponsoring municipality; and WHEREAS, Lourdes Magioros contacted Lincoln Financial directly and indicated that he left volunteer service with the River Edge Volunteer Service; and WHEREAS, upon review of Lourdes Magioros’ account, she left service prior to vesting and if a participant leaves before vesting, the contract can be surrendered, and funds can be returned to the Borough. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of River Edge, that the Borough's Chief Financial Officer is authorized to request the return of the unvested funds to the Borough. BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Chief Financial Officer and Borough Administrator. November 8, 2021 ******** #21-313 Resolution to Cancel Capital Balances WHEREAS, certain capital balances remain dedicated to improvements to the community center that are no longer required; 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  NOW, THEREFORE, BE IT RESOLVED by the Borough Council of the Borough of River Edge the following unexpended and dedicated balances be canceled: IMPROVEMENT ORDINANCE AUTHORIZATIONS 1859 $ 35,939.29 17-12 $ 366,328.91 17-22 $ 479,000.00 17-25 $ 257,000.00 18-10 $ 10,420.00 18-10 $ 657,000.00 18-11 $ 20,624.00 20-05 $ 282,020.00 20-06 $ 200,000.00 TOTAL $ 2,308,332.20 November 8, 2021 ******** #21-314 Rescind Resolution #21-276 – Approving a Stormwater Drainage License Agreement for the Property Located at 382 Valley Road WHEREAS, the Mayor and Council of the Borough of River Edge adopted Resolution #21- 276, which approved a Stormwater Drainage License Agreement between the Borough and the property owner of 382 Valley Road at their Regular Meeting of September 27, 2021; and WHEREAS, the homeowner of the property located at 382 Valley Road moved forward with an alternate design; and WHEREAS, the Borough Engineer conducted an inspection of the property, has deemed that the work that was performed is sufficient, and has recommended the Building Department to issue a Certificate of Occupancy; and WHEREAS, a stormwater drainage license agreement is no longer necessary. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of River Edge that Resolution #21-276 is hereby rescinded. November 8, 2021 ******** #21-315 Authorize Purchase of SUV for the River Edge Police Department WHEREAS, the purchase of a new SUV for the River Edge Police Department is required to replace the vehicle that was destroyed during Tropical Storm Ida on September 1, 2021; and WHEREAS, the Police Chief Michael Walker investigated the options to purchase the replacement vehicle under a New Jersey State Bid contract and has recommended purchasing a 2022 Chevrolet Tahoe; 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, a 2022 Chevrolet Tahoe, qualifies to be purchased using State Contract #21-FLEET-01485, from Gentilini Motors of 2703 Fire Road in Egg Harbor Township, NJ 08234, at a total cost of $38,815.62 and WHEREAS, Borough Administrator/Qualified Purchasing Agent, Lissette Aportela has verified that State Contract #21-FLEET-01485, was awarded to Gentilini Chevrolet, LLC d/b/a Gentilini Motors on April 30, 2021, through April 29, 2023; and  WHEREAS, Chief Financial Officer Chris Battaglia has advised that funding is available for this purchase. 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 a 2022 Chevrolet Tahoe under State Contract #21-FLEET-01485 at a total cost of $38,815.62 from Gentilini Motors. November 8, 2021 ******** #21-316 Authorize Tax Collector to Cancel 2021 Final and 2022 Preliminary Taxes on a Tax Exempt Property WHEREAS, Mr. Daniel Hong, has qualified for a 100% Disabled Veteran Tax Exemption after providing the necessary documents to prove his status and the Tax Assessor approved his application in 2021 and exempted the property as of January 12, 2021; and WHEREAS, the 3rd and 4th quarters of 2021 and the 1st and 2nd quarters of 2022 were billed. NOW, THEREFORE, BE IT RESOLVED that the Tax Collector cancels the 2021 final and 2022 preliminary taxes and adjusts her records accordingly. BL/Lot Name & Address Quarter Cancelled Amount 103/1.02 Daniel Hong 3rd 2021 4,537.44 935 Fifth Avenue 4th 2021 4,547.30 River Edge, NJ 07661 1st 2022 4,472.09 2nd 2022 4,472.09 Total: 18,028.92 November 8, 2021 ******** #21-317 Amend 2021 Capital Budget WHEREAS, the local capital budget for the year 2021 was adopted on the 26th day of April, 2021; and, WHEREAS, it is desired to amend said adopted capital budget section NOW, THEREFORE BE IT RESOLVED, by the Mayor and Council of the Borough of River Edge, County of Bergen, that the attached amendment to the adopted capital budget section of the 2021 budget be made. November 8, 2021 ******* #21-318 Adopt Emergency Resolution Pursuant to NJS 40A:A-49-Air Paks – Fire Department WHEREAS, an emergency has arisen with respect to Air Paks – Fire Department and no adequate provision was made in the 2021 Current Budget for the aforesaid purpose, and N.J.S. 40A:4-49 provides for the purpose above mentioned, and WHEREAS, the total amount of emergency appropriations created including the appropriation to be created by this resolution is $284,000 and three percent of the total operating appropriations in the budget for the year 2021 is $472,588. NOW, THEREFORE, BE IT RESOLVED (not less than two thirds of all the members thereof affirmatively concurring) that in accordance with N.J.S. 40A:4-49: 1. An emergency appropriation be and the same is hereby made for Fire Department – Other Expenses................................................................$270,000  2. That said emergency appropriation shall be funded by a Bond Ordinance to be adopted prior to December 31, 2021. 3. That two (2) certified copies of this resolution be filed with the Director of Local Government Services. I, Judy O’Connell, Deputy Clerk of the Borough of River Edge, County of Bergen, o hereby certify the foregoing to be a true and correct copy of a resolution adopted by the Governing Body at a meeting of said Governing Body held on November 8, 2021, and said resolution was adopted by not less than a two thirds vote of the members of the Governing Body. Witness my hand and seal of the Borough of River Edge this 8th day of November, 2021 November 8, 2021 ******** #21-319 Adopt Emergency Resolution Pursuant to NJS 40A:A-49 – Down Payment on Improvements WHEREAS, an emergency has arisen with respect to Down Payment on Improvements and no adequate provision was made in the 2021 Current Budget for the aforesaid purpose, and N.J.S. 40A:4-49 provides for the purpose above mentioned, and WHEREAS, the total amount of emergency appropriations created including the appropriation to be created by this resolution is $14,000 and three percent of the total operating appropriations in the budget for the year 2021 is $472,588. NOW, THEREFORE, BE IT RESOLVED (not less than two thirds of all the members thereof affirmatively concurring) that in accordance with N.J.S. 40A:4-49: 1. An emergency appropriation be and the same is hereby made for Down Payment on Improvements…………..………….$14,000 2. That said emergency appropriation shall be provided for in full in the 2022 Budget Outside of Caps. 3. That an “Emergency Note” not in excess of the above amount be authorized pursuant to N.J.A. 40A:4-49 and in accordance with the provisions of N.J.S. 40A:4-51. 4. That an “Emergency Note” and any renewals thereof shall be executed by the Chief Financial Officer and the Mayor and attested to and the seal affixed thereto by the Borough Clerk. The Chief Financial Officer is hereby authorized to sell said note and any renewals thereof from time to time. 5. That such note be dated when issued, may be renewed from time to time, and such note and any renewals shall be payable on or before December 31, 2022. 6. That two (2) certified copies of this resolution be filed with the Director of Local Government Services. I, Judy O’Connell, Deputy Clerk of the Borough of River Edge, County of Bergen, do hereby certify the foregoing to be a true and correct copy of a resolution adopted by the Governing Body at a meeting of said Governing Body held on November 8, 2021, and said resolution was adopted by not less than a two thirds vote of the members of the Governing Body. Witness my hand and seal of the Borough of River Edge this 8th day of November, 2021. ******** Councilwoman Kaufman read resolution #21-320 into the record. On motion by Councilwoman Kaufman, seconded by Councilman Chinigo, resolution #21-320 was unanimously approved. #21- 320 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 November 8, 2021. BE IT RESOLVED, that the Mayor and Council of the Borough of River Edge approve the following expenditures. CURRENT FUND $9,319,016.89 CAPITAL FUND $ 773,502.26 GRANT FUND $ 1,833.52 ANIMAL CONTROL FUND $ 1,340.60 TRUST OTHER FUND $ 13,156.89 OPEN SPACE FUND $ 130.50 PAYROLL FUND $ 241,481.17 DEVELOPER’S ESCROW FUND $ 1,412.50 SELF INSURANCE TRUST FUND $ 12,844.68 RECREATION TRUST FUND $ 9,423.90 November 8, 2021 NEW BUSINESS – Councilwoman Kinsella-said that our Rec Director will be sending out a holiday decorating flyer sometime this week. She thought perhaps they could add a holiday ornament contest for the kids where the community could select a winner and place the ornament on the tree at the annual tree lighting ceremony. The Council was in agreement. OLD BUSINESS – None PUBLIC COMMENTS – On motion by Councilwoman Kinsella, seconded by Councilman Gautier to open for public comments was unanimously approved. There being no comments by the public, the motion by Councilwoman Montisano-Koen, seconded by Councilman Chinigo was unanimously approved. COUNCIL COMMENTS – Councilwoman Kinsella-welcomed Anne Dodd to the River Edge family and looks forward to working with her. Councilwoman Montisano-Koen-also welcomed Anne to the Borough and reminded everyone that there will be a Veteran’s Day Ceremony at Memorial Park at 9:15 a.m. on November 11th. She encouraged everyone to attend as both 5th and 6th graders from our elementary schools will be in attendance. She congratulated Michelle and Klodiana on their election victories. Mayor Papaleo-thanked Councilwoman Kaufman and Councilwoman Montisano-Koen for representing the Mayor and Council at the Veteran’s Day ceremony as he cannot attend because of work obligations. He especially thanked Councilwoman Kaufman for standing in for him at the ceremony.  On motion by Councilwoman Kinsella, seconded by Councilman Gautier, resolution #21- 321 was approved unanimously. #21-321 Resolution to Go Into Closed Session and Exclude Public WHEREAS, the Open Public Meetings Act, NJSA 10:4-12 permits the exclusion of the public from a meeting in certain circumstances; and WHEREAS, this public body is of the opinion that such circumstances presently exist. NOW, THEREFORE BE IT RESOLVED by the Mayor and Council of the Borough of River Edge, County of Bergen, State of New Jersey, as follows: 1. That the public shall be excluded from the November 8, 2021, special meeting and discussion of the hereinafter specified subject matter: Closed Session Statutory Docket # Item Title or Description Reference 21-11/-8-1 Attorney-Client Privilege - NJSA 10:4-12(b)(7) Easement Maintenance 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. November 8, 2021 ADJOURNMENT – 7:48 P.M. On motion by Councilwoman Montisano-Koen, seconded by Councilwoman Kaufman to adjourn the Regular Meeting at 7:48 p.m. was unanimously approved. _____________________________________ Mayor Thomas Papaleo Attest: _________________________________ Judy O’Connell, Deputy Clerk