Mayor & Council Meeting

MINUTES Mayor and Council Regular Meeting December 13, 2021 6:30 P.M. CALL TO ORDER – A Regular Meeting of the Mayor and Council of the Borough of River Edge was held virtually via Zoom in the Council Chambers of the River Edge Borough Hall at 705 Kinderkamack Road, River Edge, NJ 07661. The meeting was called to order at 6:30 p.m. by Mayor Thomas Papaleo. SILENT PRAYER – FLAG SALUTE Mayor Papaleo asked for a moment of silence for the people of Kentucky and those who suffered the effects of the recent tornado as well as for those who have suffered the loss of a loved one. The Mayor led those present in a salute to the flag. STATEMENT OF COMPLIANCE - Mayor Papaleo read the Statement of Compliance into the record as follows: Statement of Compliance with Open Public Meeting Act: This meeting complies with the Open Public Meeting Act by notification on January 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. Mayor Papaleo noted that this meeting is the first for the new Borough Clerk, Anne Dodd, and welcomed her to the Borough of River Edge team. ROLL CALL PRESENT: Councilwoman Busteed, Councilman Chinigo, Councilman Gautier, Councilwoman Kaufman, Councilwoman Kinsella, Councilwoman Montisano-Koen and Mayor Papaleo. ABSENT: None ALSO PRESENT: Borough Administrator Lissette Aportela Borough Attorney Thomas Sarlo, Esq. Council-Elect Klodiana Malellari APPROVAL OF MINUTES – On motion by Councilman Chinigo, seconded by Councilwoman Busteed, with Councilwoman Busteed abstaining from the Regular Meeting and Closed Session of November 22, 2021 and Councilman Gautier abstaining from the Mayor and Council Special and Closed Session of November 30, 2021, and all other members present voting in favor, that the minutes of the Mayor and Council Regular Meeting and Closed Session Meeting of November 22, 2021 and Mayor and Council Special Meeting and Closed Session Meeting of November 30, 2021 are hereby approved. PRESENTATION – Ezio Altamura, Risk Consultant – Annual Risk Manager’s Report Ezio Altamura, Risk Consultant, provided background information on GJEM Otterstedt Insurance Agency and the professionals who serve the Borough. He also reviewed the Borough’s 2021 Risk Management Plan which outlines the various insurance coverages that are provided through the Joint Insurance Fund. He highlighted the fact that the Borough opted to purchase $30 million in umbrella liability coverage which is the highest limit that can be purchased. He explained that this additional coverage is recommended as the cost is minimal compared to the exposure. With respect to Public Officials Liability/Employment Practices Liability, he noted that the Borough has a very low deductible and coinsurance due to the Borough’s excellent claim history. He reviewed the Borough’s 5-year loss history by department which is inclusive of workers’ compensation claims. He stated that the Borough has an excellent claims history with the JIF, pointing out that there was a very positive decline in the severity of claims from 2019 to 2020. He explained that the Borough has reached Tier III Cyber Compliance which allows for a reimbursement of up to $25,000 should a claim occur. He advised that the Borough was the recipient of the Safety Incentive Program Safety Award with a check in the amount of $1,000 as well as a $17,634 dividend in response to the overall profitability of the Bergen JIF. Although the 2021 assessment decreased by .32%, he advised that there will be a 4.99% increase across the board for all members of the JIF in 2022. He finished by advising that he nominated Borough Administrator Aportela to serve on the Executive Committee starting in January. FOR DISCUSSION – Meeting Format for 2022 Borough Administrator Aportela explained that a decision needs to be made whether to remain virtual or return to in-person meetings in 2022. As there is currently another surge in COVID-19 cases as well as a new variant, she suggested that the location be specified as to be determined within the adopted meeting schedule. She advised that the governing body’s decision will be disseminated to the other boards and commissions so that they can schedule their meetings accordingly. Concerns were raised about the notice requirements for the Land Use Board applications. Councilwoman Kaufman advised that she scheduled this board’s Zoom meetings for the first two months of the new year and expressed her belief that the notices were done in such a way that there would not be the need to republish. It was questioned whether there can be a hybrid format to allow members of the public to participate remotely. Borough Attorney Sarlo advised that having a hybrid format is not possible. A majority of the governing body felt it prudent to remain virtual for at least the first two months of 2022 due to the rise in cases and the new variant while Councilwoman Busteed and Councilwoman Kaufman expressed their desire to return to in-person meetings with masks required. On a motion by Councilman Chinigo, second by Councilman Gautier, to return to in-person meetings on March 1, 2022. On a roll call, the vote was recorded as follows: Councilwoman Busteed: nay Councilwoman Kaufman: nay Councilman Chinigo: aye Councilwoman Kinsella aye Councilman Gautier: aye Councilwoman Montisano-Koen: aye Mayor and Council Meeting Dates Borough Administrator Aportela reviewed the proposed meeting schedule, noting that meetings which fall on a holiday have been scheduled on a Thursday rather than a Tuesday due to Municipal Court. She asked for confirmation that the Sine Die and Reorganization Meetings should be scheduled on January 3rd. It was agreed to hold the Sine Die at 6:30 p.m. and the Reorganization Meeting at 7 pm on January 3, 2022. Borough Administrator Aportela advised that the resolution specifying the 2021 Borough holidays omitted the date upon which New Year’s Day would be observed. She asked for confirmation that the Borough would observe this holiday on Friday, December 31st. It was the consensus of the governing body that the Borough Hall be closed on Friday, December 31st in observance of New Year’s Day. With respect to the meeting schedule, it was agreed that, while meeting virtually, the meetings will commence at 6:30 p.m. Beginning with the March 14th Mayor and Council meeting, meetings will commence at 7:00 p.m. Vaccine Policy Borough Administrator Aportela explained that the Vaccine Policy was drafted by Borough Attorney Sarlo and mirrors OSHA guidelines. She noted that a revised version was disseminated this morning. Borough Attorney Sarlo explained that, at the direction of the governing body, this policy mandates vaccination without providing an alternative of mask wearing and weekly testing. He noted that he removed the exceptions which appeared under #3 in the OSHA policy as he felt that they were too open to interpretation. He further advised that an effective date for this policy as well as compliance dates need to be determined. To allow additional time for review, he suggested that this policy be referred to the Personnel Committee with other members of the governing body submitting proposed changes and questions. It was the consensus of the governing body that this policy be referred to the Personnel Committee for further review with a target date of March 1, 2022 for implementation. EV Charging Station Ordinance Borough Attorney Sarlo explained that the statute was amended to allow electric vehicle charging stations in new zoning applications. He noted that the only section of the model ordinance with which the Borough has discretion is Section F – Reasonable Standards which pertains to items such as signage and parking width. He noted that he mirrored the Borough of Fair Lawn’s ordinance as this section was comprehensive. He explained that, should this ordinance be listed for first reading, it would be referred to the Land Use Board after introduction for review and recommendation. It was agreed to list this ordinance for introduction as drafted. Motion by Councilman Chinigo, second by Councilwoman Kinsella, to take a recess at 7:19 p.m. The meeting resumed at 7:25 p.m. PUBLIC COMMENTS ON ANY ITEM ON THIS AGENDA – On motion by Councilman Gautier, seconded by Councilwoman Kaufman, and all present voting in favor, to open for public comments on any item on the agenda. No one came forward. On a motion by Councilwoman Montisano-Koen, seconded by Councilwoman Kinsella, and all present voting in favor, to close public comments on any item on the agenda. APPOINTMENTS & PERSONNEL CHANGES – On motion by Councilwoman Busteed, seconded by Councilman Gautier, to approve the following appointments and personnel changes: The retirement of Kathy Beattie, Part-time Police Dispatcher effective January 31, 2022. The separation of Frank Distefano, Crossing Guard due to his passing away, effective November 20, 2021. The salary change of Lissette Aportela, Borough Administrator from a yearly salary of $130,000 to $145,000, effective January 1, 2022. The resignation of Robert Byrnes, Construction Official, effective December 7, 2021. On a roll call, the vote was recorded as follows: Councilwoman Busteed: aye Councilwoman Kaufman: aye Councilman Chinigo: aye Councilwoman Kinsella aye Councilman Gautier: aye Councilwoman Montisano-Koen: aye MONTHLY REPORTS – Mayor Papaleo advised that the following reports are on file in the Office of the Borough Clerk and available for review: Environmental Protection Commission - November 22, 2021 Building Department - November 2021 Board of Health - November 29, 2021 Tax Collector - November 2021 FIRST READING – ORDINANCES – None. SECOND READING & HEARING ON ORDINANCES Mayor Papaleo read the titles of Ordinance #21-30 through Ordinance #21-34 into the record and asked Borough Administrator Aportela for an explanation of each ordinance: Ordinance #21-30 AN ORDINANCE AMENDING CHAPTER 240, SECTION 240-4 OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF RIVER EDGE Borough Administrator Aportela advised that this ordinance establishes a Student Liaison position on the Historic Preservation Commission. Ordinance #21-31 AN ORDINANCE TO MANDATE DIRECT DEPOSIT FOR MUNICIPAL EMPLOYEES BY THE BOROUGH OF RIVER EDGE, COUNTY OF BERGEN, STATE OF NEW JERSEY, PURSUANT TO N.J.S.A. 52:14-15F Borough Administrator Aportela explained that this ordinance will establish and codify a portion of the Personnel Manual enacting a mandatory direct deposit policy. She further explained that, while this policy will be mandatory for employees hired as of January 1, 2022, current employees will have the option to request a waiver to opt out of this policy. Ordinance #21-32 AN ORDINANCE BY THE BOROUGH OF RIVER EDGE IN THE COUNTY OF BERGEN, NEW JERSEY CREATING A NEW SECTION ENTITLED “SEASONAL OUTDOOR DINING” Borough Administrator Aportela advised that this ordinance will establish outdoor dining from April to October every year for those restaurants who file the required application with the Zoning Department. Ordinance #21-33 AN ORDINANCE AMENDING THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF RIVER EDGE, CHAPTER 362, ENTITLED ‘STREETS AND SIDEWALKS’ Borough Administrator Aportela stated that the purpose of this ordinance is to update the street opening permit to clarify the language on fees, bonds and insurance requirements as well as to differentiate the requirements for residential applicants versus public utilities. Ordinance #21-34 BOND ORDINANCE TO AUTHORIZE THE UNDERTAKING OF VARIOUS IMPROVEMENTS TO THE PUBLIC LIBRARY IN, BY AND FOR THE BOROUGH OF RIVER EDGE, STATE OF NEW JERSEY, TO APPROPRIATE THE SUM OF $375,000 TO PAY THE COST THEREOF, TO APPROPRIATE A PUBLIC LIBRARY CONTRIBUTION, TO AUTHORIZE THE ISSUANCE OF BONDS TO FINANCE SUCH APPROPRIATION AND TO PROVIDE FOR THE ISSUANCE OF BOND ANTICIPATION NOTES IN ANTICIPATION OF THE ISSUANCE OF SUCH BONDS. Borough Administrator Aportela explained that this ordinance completes the financing for the Library Interior Renovations, HVAC Replacement and Generator Project and will allow the contract to be awarded at the Sine Die meeting. OPEN HEARING OF THE PUBLIC – Ordinance #21-30 through Ordinance #21-34 On motion by Councilwoman Kaufman, seconded by Councilman Chinigo, and all present voting in favor, to open the hearing to the public on Ordinance #21-30 through Ordinance #21-34. No one came forward. CLOSE HEARING OF THE PUBLIC – Ordinance #21-30 through Ordinance #21-34 There being no comments by the public, on a motion by Councilwoman Kinsella, seconded by Councilwoman Busteed, and all members present voting in favor, to close the hearing to the public. ADOPTION – Ordinance #21-30 On a motion by Councilman Gautier, seconded by Councilwoman Montisano-Koen, to adopt Ordinance #21-30. On a roll call, the vote was recorded as follows: Councilwoman Busteed: aye Councilwoman Kaufman: aye Councilman Chinigo: aye Councilwoman Kinsella aye Councilman Gautier: aye Councilwoman Montisano-Koen: aye BOROUGH OF RIVER EDGE ORDINANCE #21-30 AN ORDINANCE AMENDING CHAPTER 240, SECTION 240-4 OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF RIVER EDGE 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 240, Section 240-4, entitled “Historic Preservation Commission” amended with the following: Add: D. Student Liaison. A student liaison may be appointed for a 1-year term. 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. This Ordinance shall take effect immediately upon final passage and publication as required by law. ADOPTION – Ordinance #21-31 On a motion by Councilwoman Kaufman, seconded by Councilman Chinigo, to adopt Ordinance #21-31. On a roll call, the vote was recorded as follows: Councilwoman Busteed: aye Councilwoman Kaufman: aye Councilman Chinigo: aye Councilwoman Kinsella aye Councilman Gautier: aye Councilwoman Montisano-Koen: aye BOROUGH OF RIVER EDGE ORDINANCE #21-31 AN ORDINANCE TO MANDATE DIRECT DEPOSIT FOR MUNICIPAL EMPLOYEES BY THE BOROUGH OF RIVER EDGE, COUNTY OF BERGEN, STATE OF NEW JERSEY, PURSUANT TO N.J.S.A. 52:14-15f WHEREAS, P.L. 2013 c. 28, authorizes local governments to mandate direct deposit for certain governmental employees effective after July 1, 2014; and WHEREAS, P.L. 2013 c. 28 permits governing bodies to grant exemptions on such terms and conditions as they deem necessary. NOW, THEREFORE, BE IT ORDAINED, by the Borough of River Edge, County of Bergen, State of New Jersey, as follows: Section 1. All full time and part-time employees and elected public officials who receive compensation from the Borough of River Edge are mandated to have direct deposit of their compensation as of January 1, 2022, in accordance with Chapter 28 P.L. 2013, as defined under N.J.S.A. 52:14-15f(b). Temporary and seasonal employees are exempt from this mandate. Section 2. Borough employees may request, in writing, an exemption from the direct deposit mandate to the Borough Administrator. The Borough Administrator may grant such an exemption for good cause and place the documentation pertaining to the request in the employee’s personnel file. Employees hired after January 1, 2022, are ineligible for this exemption. Section 3. If any Section, paragraph, subdivision, clause or provision of this Ordinance shall be adjudged invalid, such adjudication shall apply only to the Section, paragraph, subdivision, clause or provision so adjudged and the remainder of the Ordinance shall be deemed valid and effective. Section 4. All ordinances or parts of ordinances inconsistent with or in conflict with this Ordinance are hereby repealed to the extent of such inconsistency. Section 5. This Ordinance shall take effect after final passage, adoption and publication according to law. ADOPTION – Ordinance #21-32 On a motion by Councilwoman Kinsella, seconded by Councilwoman Montisano, to adopt Ordinance #21-32. On a roll call, the vote was recorded as follows: Councilwoman Busteed: aye Councilwoman Kaufman: aye Councilman Chinigo: aye Councilwoman Kinsella aye Councilman Gautier: aye Councilwoman Montisano-Koen: aye BOROUGH OF RIVER EDGE ORDINANCE #21-32 AN ORDINANCE BY THE BOROUGH OF RIVER EDGE IN THE COUNTY OF BERGEN, NEW JERSEY CREATING A NEW SECTION ENTITLED “SEASONAL OUTDOOR DINING” WHEREAS, outdoor seasonal dining is a pleasure for residents and visitors alike; and WHEREAS, outdoor seasonal dining will contribute to the vitality and vibrancy of restaurants located in the Borough of River Edge; and WHEREAS, the Mayor and Council of the Borough of River Edge supports the concept of providing outdoor seasonal dining provided public safety is maintained and the number of seats per restaurant are not unreasonably increased.  NOW THEREFORE, BE IT ORDAINED, by the Mayor and Council of the Borough of River Edge, in the County of Bergen, State of New Jersey, as follows: Section 1. Seasonal Outdoor Dining A. Definitions As used in this section, these terms shall have the following meanings: “Outdoor dining area” includes seating for consumption of food and beverages outside a building but on the same lot as the establishment. “Permit” A permit is the authority required to locate an Outdoor Seasonal seating area. “Safety Permitting” means that building and police departments determine that the location of any seating is safe meaning it does not present an automotive risk, the structure and accessories are sound and secure from wind and that the roof locations are a sufficient distance from the edge of buildings. B. Permit Required i. Seasonal outdoor dining shall be permitted as an accessory use to to all restaurant uses, including food service establishments as defined in the Borough Code at §348- 1 as well as bars and taverns. ii. A seasonal outdoor dining permit must be obtained and approved by the Borough of River Edge. All such applications shall be approved by the Zoning Officer and shall be referred to the Board of Health, Chief of Police and the Fire Code Official, who shall provide the Zoning Officer with any comments, concerns, opinions or recommendations regarding the application prior to the creation or expansion of any outdoor dining area. iii. This permit shall only be issued for dining in parking lots and driveways, safety permitting, annually from April 1st through October 31. Outdoor dining areas must be entirely removed within forty-eight hours of permit expiration. iv. Seasonal outdoor dining applications must be submitted by February 1 in order to be eligible to open on April 1. After February 1 applications will be accepted on a rolling basis and processed in the order in which they are received. v. Applicants shall be required to obtain a permit on an annual basis. There shall not be a fee for the seasonal outdoor dining permit. vi. Applicants proposing to establish an outdoor dining area must provide a drawing to scale showing the perimeter of the area, location, size and quantities of all proposed tents, tables and chairs and distances to other tables and chairs and distances from any other structures. C. Requirements and Limitations i. Seasonal outdoor dining areas are permitted in the front, side or rear areas immediately adjacent to the associated restaurant and shall not extend beyond the length of the portion of the building occupied by the use. ii. Seasonal outdoor dining shall not extend onto any public sidewalk or any part of the public right-of-way. iii. Tents, canopies, umbrellas and awnings are permitted subject to Borough review, approval and buildng code compliance. Tents shall not exceed an area greater than 1,200 square feet. Tents shall be appropriately erected and anchored so as not to create a public safety hazard during inclement weather. All umbrellas, tables and chairs must be removed and stored overnight. Umbrellas shall be securely anchored to prevent becoming disengaged by wind or inclement weather during use. iv. The seasonal outdoor dining area is to be maintained in a neat and clean manner and is to be cleaned daily. v. Tents shall only be erected in a surface parking area approved by the Borough and may only be enclosed on a maximum of two sides. Gaps between buildings and tents which are 3 feet or more shall not constitute a 3rd enclosure. vi. Seasonal outdoor dining areas must be located on flat areas and shall not be located on slopes or uneven surface areas. vii. Tents and canopy fabrics shall be kept clean and may not consist of observable patches. viii. Parking space requirements for properties that receive a seasonal outdoor dining permit shall be suspended for the duration of the permit. However, ADA parking spaces shall not be utilized or blocked off for this purpose. ix. Seasonal outdoor dining areas shall not extend into functional drive aisles or impede site circulation. This requirement may be waived by the Borough if alternative means of site circulation are available and subject to Borough review and approval. x. Safety barriers in the form of jersey barriers, bollards or other approved protective structures are required along the perimeter of the outdoor dining area to ensure public safety at the discretion and approval of the Borough Engineer or Zoning Officer. The proposed locations and specifications of safety barriers are a required component of the seaonsal outdoor dining application. xi. Seasonal outdoor dining areas shall be handicap accessible. xii. Lighting, space heaters, and fans shall be permitted in temporary outdoor dining areas subject to applicable Borough and Building code requirements. Lighting shall not produce excessive offsite glare that create a nuisance for surrounding uses or a safety hazard for vehicles. The Borough reserves the right to require an applicant to remove or modify any feature of an outdoor dining area that is determined to be a nuisance or a detriment to public safety, health and welfare. xiii. The hours of operation shall be designated as the following: • Sunday through Thursday – until 10:00 p.m.  • Friday and Saturday – until 11:00 p.m. xiv. The Zoning Officer shall have the discretion to create additional standards for a particular property and to enforce such conditions as may be necessary to ensure public health, safety and welfare. xv. The business owner shall obtain the necessary approvals from the New Jersey Alcohol and Beverage Control regarding any use related to alcohol for outdoor seating or an expansion of an existing alcohol distribution license. xvi. Applicants shall meet all general ordinance requirements and all other laws, rules, regulations and codes applicable to the proposed activity. D. Indemnification and Insurance Requirements Applicant shall indemnify and hold harmless the Borough of River Edge, its employees, agents or officers from all claims, losses, liens, expenses, suits and attorney fees arising from the placement, operation and maintenance of the applicant’s outdoor seating dining area. Applicant agrees to name the Borough of River Edge as an additional insured under the applciant’s general liability insurance (minimum required limit of one million dollars) for such time as the outdoor dining seating area exists. Owner shall provide the Zoning Officer with evidence of such insurance. E. Revocation A permit may be revoked by the Zoning Officer if the applicant fails to comply with the terms of approval of the Outdoor Seasonal Dining Permit or is deemed to be in violation of any provision of the Ordinance or any other applicable Borough Ordinance. F. Appeals The Mayor and Council shall have the power to hear and decide appeals where it is alleged by the applicant that there is an error in any requirement, decision or refusal made by the Zoning Officer in the enforcement of this section. Section 2. Severability In the event any section, part or provision of this Ordinance shall be held unconstitutional or invalid by any Court, such holding shall not affect the validity of this Ordinance or any remaining part of this Ordinance other than the part held unconstitutional or invalid. Section 3. Repealer All ordinances, or parts thereof, which are inconsistent with the provisions of this Ordinance, are hereby repealed to the extent of their inconsistencies. Section 4. Effective Date This Ordinance shall take effect immediately upon adoption and publication in the matter required by law. ADOPTION – Ordinance #21-33 On a motion by Councilwoman Kaufman, seconded by Councilwoman Kinsella, to adopt Ordinance #21-33. On a roll call, the vote was recorded as follows: Councilwoman Busteed: aye Councilwoman Kaufman: aye Councilman Chinigo: aye Councilwoman Kinsella aye Councilman Gautier: aye Councilwoman Montisano-Koen: aye BOROUGH OF RIVER EDGE ORDINANCE NO. 21-33 AN ORDINANCE AMENDING THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF RIVER EDGE, CHAPTER 362, ENTITLED ‘STREETS AND SIDEWALKS’ 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. Article III entitled, “Street Excavations” of Chapter 362 entitled “Streets and Sidewalks” shall be replaced in its entirety by the following: § 362-11. Definitions. As used in this article, the following terms shall have the meanings indicated: BLOCK PAVEMENT A street having a granite, wooden or stone substance in block form. CONCRETE PAVEMENT Any pavement having a concrete surface. DEPARTMENT Except where otherwise required by the context, shall mean the Public Works Manager. HISTORICAL STREET Any street within the Borough of River Edge designated in Chapter 240 PERMANENT PAVEMENT A street having an asphalt Topeka surface on a stone base. SEMIPERMANENT A street having macadam or a penetration surface. UNIMPROVED STREET Any street having a dirt or cinder surface. § 362-12. Permit required. No person shall remove, obstruct, excavate, dig up or in any way disturb the surface of any street, road, avenue or public place within the Borough, or any gutter or pavement thereon, for any purpose, without obtaining a written permit from the Borough Clerk, in the event of clerk’s absence such permit can be issued by the Deputy Clerk and/or Borough Administrator. A street shall be defined as set forth in § 362-11 No person shall make an excavation in, or tunnel under, any street without the necessity of the issuance of a permit. Where an emergency has arisen which makes it necessary to commence work immediately, provided that the application for a permit is filed with the responsible municipal official no later than the commencement of work together with an estimate of fees required and estimated performance guarantee, provided further that such procedure may be delayed until the next business day succeeding the commencement of work where the emergency arises subsequent to the departure for the day of the responsible municipal official. The permit, when issued, shall be retroactive to the date on which the work has begun. § 362-13. Application; fees. A. Application. All permits granted under §362-12 shall be done by completing Borough of River Edge Street Opening Application. The permit shall specify the full name of the person to whom it is granted and the place or places at which the work is to be done, the character of the work and the time within which it is to be completed. No such permit shall be valid except for the place, time and character of the work specified therein. No permits shall be granted to dig up or excavate any street, road, avenue or public place until there shall have been paid to the Borough Clerk a fee as hereinafter provided. The fee shall become the property of the Borough to be used for the repairing and maintenance of the surface of the trench or opening until it has been properly filled. The fee shall also be for the use of the Borough for preparing and recording every permit and inspecting the street when the work is completed. B. Fees shall be paid simultaneously with the submission of the permit application. Applicants for residential and commercial properties shall be charged a non-refundable permit fee of $500 for each opening permit, or such higher fee as is set forth in Chapter 206. Utilities are exempt from this application fee. § 362-14 Rules and regulations. All permits issued under this section shall be subject to the following rules and regulations: A. All excavations shall be kept properly barricaded by the permittee at all times. No excavation work area shall be open overnight. This regulation shall not excuse the permittee from taking any other reasonably necessary precaution for the protection of persons or property. B. All work shall be done in such a manner as to cause a minimum of disruption to the community at large. C. No work shall be done in such a manner as to interfere with any water main or sewer line, or any connection with either of the same, from any building unless that is the purpose of the excavation or permission has been obtained in advance from the Borough Engineer. No work shall be carried on in such a manner as to result in destruction or damage of any property of the Borough unless this is necessary for completion of the work and permission has been obtained in advance from the Borough department or agency having jurisdiction over such property. D. Pavement shall be cut with mechanical pavement cutters, saws or other like tools. The edges of the opening shall be kept as square and clean cut as possible. The paved roadway surfaces shall be cut vertically on a straight line at least Twelve (12”) inches beyond the outer limits of the trench before excavating to avoid undermining the adjacent roadway. The trench in which any utilities and/or appurtenances are to be constructed shall be excavated in open cut from the surface and in such a manner and to such depth and width as will give suitable room for bracing and supporting, pumping and drainage at the permittee's discretion. E. All applications for excavations exceeding four (4’) feet in depth shall be accompanied by engineering documents showing how the excavation will be supported from side wall collapse and how adjacent property and structures shall be protected. F. No trench may be backfilled until such time as the Director of Public Works, Borough Engineer or their designee has inspected the subterranean installations and approved same.  G. All excavations shall be completely backfilled at the end of each working day by the permittee. As much as possible of suitable material excavated modified proctor density. Consolidation will not be acceptable as a method to achieve the soil densities specified. Upon completion of the work, the permittee shall remove any excess material and leave the premises in a clean condition. If the Director of Public Works, Borough Engineer or their designee determines that any backfilled excavation has settled or caved in, he shall so notify the permittee who shall promptly continue backfilling until the Director of Public Works, Borough Engineer or their designee determines that settlement is complete. H. All required utility mark outs, including the Borough if necessary, should be done in a timely fashion, specifically before excavation takes place. I. It is the responsibility of the permittee to ensure traffic safety arrangements have been arranged with the River Edge Police Department. J. A permit shall be valid for Sixty (60) Calendar Days to open and restore the street in accordance with Section 247-34. If the work is not completed during that timeframe; a new permit will be required to obtained in accordance to all the terms and conditions of this chapter. § 362-15. Bonds. No permit shall be issued until the applicant has filed a bond in an amount determined to be sufficient by the Director. The Director may waive the requirements of this subsection in the case of public utilities upon the presentation of satisfactory proof that it is capable of meeting any claims against it up to the amount of the bond which would otherwise be required. The bond shall be executed by the applicant as principal and a surety company licensed to do business in the State of New Jersey as surety and shall be conditioned as follows: A. Bond amounts per application as followed: Residential $1,500, Commercial $2,500, Exception Historical Streets (Lincoln Ave, Webb Ave) $3,600 B. A public utility company in lieu of giving a separate bond for each project may annually, once) in January of each year, post a bond for each project in the amount of (see below sufficient to encompass the estimated work performed by said utility during the ensuing calendar year. In the event that the actual street opening work exceeds the posted bond amount, additional bonds and/or cash security will be required. Utility Yearly Bond Amounts: Gas, Electric, Water $50,000.00 Cable, Telephone $25,000.00 All Others $25,000.00 C. To indemnify and hold harmless the Borough from all loss, damage, claim or expense, including expenses incurred in the defense of any litigation arising out of injury to any person or property resulting from any work done by the applicant under the permit. D. To indemnify the Borough for any expense incurred in enforcing any of the provisions of this article. E. To indemnify any person who sustains personal injuries or damage to his property as a result of any act or omission of the applicant, his agents, employees or subcontractors done in the course of any work under the permit.  F. The bond shall also be conditioned upon the applicant's restoring the surface and foundation of the street for which the permit is granted in a manner acceptable to the Public Works Manager. G. One bond may be accepted to cover a number of excavations by the same applicant. Bonds shall remain in force for a period to be determined by the Director of Public Works § 362-16. Insurance. Contractor - No permit shall be issued until the contractor has furnished the Director of Public Works with satisfactory proof that contractor is insured against injury to persons and damage to property caused by any act or omission of the contractor, his agents, employees or subcontractors done in the course of the work to be performed under the permit. The contractor shall carry the following coverages: A. Commercial General Liability insurance shall cover all hazards likely to arise in connection with the work, including but not limited to collapse and explosion, and shall also insure against liability arising from completed operations. The limits of the insurance policy shall be a combined single limit of $1,000,000.00 for injury to any one person, for injuries to more than one person in the same accident and for property damage for a single incident. Contractual liability must be included on all Certificates of Insurance as well as evidence of XCU (Explosion, Collapse, and Underground) coverage. B. Business Auto Liability insurance with limits of $1,000,000.00 per accident combined with single limit for bodily injury and property damage. C. Worker's Compensation Insurance in accordance with the Statues of the State of New Jersey. Under Coverage A, Worker’s Compensation, such coverage will be Statutory. Under Coverage B, Employer’s Liability, coverage will be no less than $1,000,000.00 each accident, $1,000,000.00 each employee, $1,000,000.00 policy limit. If any contractor operates as a Sole Proprietor, Partnership, Limited Liability Partnership (L.L.P.) or Limited Liability Company (L.L.C.) the Certificate of Insurance shall state when applicable that the self-employed persons, partners, partners of the L.L.P. or members of the L.L.C. have elected to be deemed employees of the business and therefore covered under the policy. D. Umbrella / Excess Liability insurance policy with limits of at least $2,000,000.00 per occurrence. No Umbrella / Excess liability insurance policy shall be more restrictive than the coverage provided for under the above-described primary policies. E. Indemnification and Hold harmless- Contractor hereby agrees to release, indemnify and hold harmless the Borough of River Edge including their employees, officers, agents and officials from and against any loss, damage, liability, judgment or demand including attorney fees and defense costs which arise out of injuries to persons, including death, or damage to property caused by that party, his employees, agents, subcontractors or any other person or persons. Contractor expressly represents and warrants that he has complied with all the requirements concerning insurance and contractual indemnification. The Contractor is required to carry as a minimum the coverage described above. The Contractor is also required to verify that all of sub-contractors carry the coverage's listed in the minimum limits shown, and to obtain Certificates of Insurance for from all such sub-contractors verifying the existence of coverage. The contractor shall submit to the Borough of River Edge prior to the start of any work a Certificate of Insurance specifically naming the Borough of River Edge as additional insured on all Liability policies including General Liability, Commercial Automobile Liability and Umbrella / Excess Liability coverage including bodily injury and property damage with the minimum limits of liability set forth herein. The governing body of the Borough of River Edge reserves the right to waive any requirement at its discretion by passage of a resolution. The following requirements shall pertain to every Resident / Applicant for a street opening permit: A. Every application for a street opening permit must be accompanied by a certificate of insurance demonstrating that the applicant possesses Personal Liability insurance including bodily injury and property damage with minimum limits of liability of not less than $500,000.00 under a homeowners or similar policy. Said insurance shall be maintained by the permittee during the period of construction. Utility companies may file an annual certificate showing proof of coverage. B. Resident / Applicant hereby agrees to release, indemnify and hold harmless the Borough of River Edge including their employees, officers, agents and officials from and against any loss, damage, liability, judgment or demand including attorney fees and defense costs which arise out of injuries to persons, including death, or damage to property caused by that party, his employees, agents, subcontractors or any other person or persons employees in conjunction with the work authorized by said street opening permit. § 362-17. Restoration of surface required. Restoration of the various roadway surfaces shall be in accordance with the following rules and regulations. A. Bituminous Concrete Roads: 1. Following compaction, the permittee shall install no less than six (6”) inches of Virgin Dense Graded Aggregate followed by eight (8”) inches of Bituminous Stabilized Base Course to the trench. If the distance from the edge of the excavation work area to the existing curb or roadway edge is less than two feet, the permittee shall be required to excavate to the curb and evenly install six (6”) inches of dense graded aggregate followed by eight (8”) inches of bituminous stabilized base course in the entire area (See Detail-A, Detail-B, Detail-C, Detail-D & Detail-E). 2. The partially restored pavement shall be allowed to settle for no less than Ninety (90) days and no more than One Hundred Eighty (180) days (Period of Settlement). The Borough has the responsibility to inspect the trench at any time during the settlement period or after at its sole discretion, if the trench becomes unacceptable, the permittee shall be notified of the condition requiring repair and such repair shall be performed by the permittee within Fifteen (15) Business Days. 3. Following the period of settlement, the permittee shall be required to mill the excavation work area surface as specified in this article and install no less than two (2”) inches of Fine Aggregate Bituminous Concrete (FABC) 9.5 HMA 64 surface course. The permittee shall also be required to provide a tack coat on all existing bituminous concrete surfaces and a hot-poured, rubber asphalt joint sealer per Section 914 of NJDOT Standard Specifications for Roads and Bridges. 4. All longitudinal excavations shall require milling and restoration of the excavation work area extending from the curb to curb of the road and/or a minimum of one (1’) foot beyond the outer edges of the excavation. Individual excavations less than One Hundred Twenty (120SF) square feet shall be restored via the "infrared" method. If square excavations are located within 50 feet on center, full curb-to-curb restoration for the entire distance between excavations shall be required (See Detail-C, Detail-D & Detail-E).  5. The permittee shall be required to replace any facilities, including but not limited to curb, pavement, sidewalk, line stripping, trees, etc. that are affected by the excavation and restoration work. 6. With written approval from the Borough Engineer, the center line of road milling and restoration may be offset by the distance necessary to avoid disturbing the existing line striping or markers. B. Concrete Roads: 1. Following compaction, the permittee shall install no less than six (6”) inches of virgin dense graded aggregate. 2. The permittee shall install No. 4 longitudinal and transverse reinforcing bars (two rows spaced four inches apart). The permittee shall install No. 4 reinforcing bars (Steel dowels; 18 inches long) shall be set in predrilled holes in the existing concrete pavement spaced every two feet along the cut edge. Following approval by the Borough Engineer, the permittee shall then follow with eight (8”) inches of 5,000 psi concrete with polypropylene fibers at a mix of One Pound per Cubic yard (1lb/cy), bringing the finished trench to grade. If concrete has been overlaid with asphalt, the same thickness of asphalt present (minimum two inches) shall be installed (See Detail-F & Detail-G). 3. The permittee shall be required to replace any facilities, including but not limited to curb, pavement, sidewalk, line striping, trees, etc. that are affected by the excavation and restoration work. C. Granite Paver Crosswalks and Intersections: 1. Following compaction, the permittee shall install no less than six (6”) inches of dense graded aggregate base course to the trench. If the distance from the edge of the excavation work area to the existing curb is less than two (2’) feet, the permittee shall be required to excavate to the curb and evenly install six (6”) inches of dense graded aggregate base course in the entire area (See Detail-H). 2. The permittee shall follow with matching brick pavers approved by the Borough Engineer, 2 1/4 inches thick on a one-and-one-half-inch sand setting bed leaving a separation for swept-in sand. The subgrade will consist of Twelve (12”) inches of Virgin Dense Graded Aggregate, along with Geogrid Fabric for Structural Strength (See Detail-H). 3. The permittee shall be required to replace any facilities, including but not limited to curb, pavement, sidewalk, line striping, etc. that are affected by the excavation and restoration work. § 362-18. Permit conditions and regulations. A. Transferability. A permit shall apply only to the person to whom it is issued and shall not be transferable. B. Commencement of work. Work under a permit shall commence within 45 days from the date of issuance of the permit. If work is not commenced within that time, the permit shall automatically terminate, unless extended, in writing, by the Borough Clerk, in the event of clerk’s absence such permit can be issued by the Deputy Clerk and/or Borough Administrator. C. Possession of permit. A copy of the permit, together with a copy of the plan, endorsed with the approval of the Director of Public Works, Borough Engineer or their designee, must be kept in  possession of the person actually performing the work and shall be exhibited on demand to Director of Public Works, Borough Engineer or their designee, any duly authorized employee of the Department of Public Works or to any police officer of the Borough. D. Revocation of permit. Director of Public Works, Borough Engineer or their designee may revoke a permit for any of the following reasons: 1. Violation of any provision of this article or any other applicable rules, regulations, law or ordinance. 2. Violation of any conditions of the permit issued. 3. Carrying on work under the permit in a manner which endangers life or property, or which creates any condition which is unhealthy, unsanitary or declared by any provisions of this Code to constitute a nuisance. E. The procedure for revoking a permit shall be the same as that set forth in this Code for the revocation of licenses, except that the initial hearing shall be before the Director of Public Works, Borough Engineer or their designee with a right of appeal to the Council; and the Director of Public Works, Borough Engineer or their designee may provide in his decision that the revocation shall not become effective if the permittee corrects the violation within a specified period of time. F. Modification of permit conditions. In a special case, the Council may by resolution impose special conditions to which the issuance of the permit may be subject, or may decide that any provision of this article shall not apply or shall be altered. G. There will be no street opening work permitted on Saturday or Sunday in accordance with this article unless it is an emergency. § 362-19. Power to make additional rules and regulations. The Borough may make any rules and regulations which he considers necessary for the administration and enforcement of this article, but no regulation shall be inconsistent with, alter or amend any provision of this article, or impose any requirement which is in addition to those expressly or by implication imposed by this article. No regulations shall be effective unless they shall be approved by resolution of the Council. Copies of all current regulations shall be furnished each permittee at the time of the issuance of the permit. § 362-20. Permit and fee for storing material. It shall be unlawful for any person to store any material upon the right-of-way of any road or street in the Borough for the maintenance of which the Borough is responsible without first obtaining a storing permit. The charge for each storing permit 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 permit shall run for the time as so designated when issued by the Clerk. Each permit can be renewed upon application and a further payment as set forth in the Borough Fee Schedule, adopted by resolution of the Borough Council, on file in the office of the Borough Clerk. § 362-21 Approvals required. Any person, company, firm or corporation who has applied and received approval before the Planning or Zoning Board of the Borough shall apply for the permit required under this article and shall pay the appropriate fee. Prior to granting approval to any applicant, the Planning or Zoning Board must consult with the Borough Engineer or his/her designee regarding any activity. Such work shall be performed under the authority of the Borough Engineer. Additional escrow fees necessary under this section shall be determined at time of permit application. § 362-21.1 Inspections. No performance guarantees will be returned until such time as the Director of Public Works, Borough Engineer or their designee has satisfied himself that the permittee has complied with all of the requirements of this chapter relative to opening, backfilling and restoration of the street surface. § 362-21.2 Notice and inspections. Forty-Eight (48) hours prior to the commencement of work, the permittee shall notify the Director of Public Works, Borough Engineer or their designee and request that an inspector be present to observe the excavation and restoration. The permittee shall also call for a utility mark-out prior to undertaking any excavating activity and supply the Dig Number to the Borough. § 362-21.3 Inspection fees. At the time of submission of the permit application, a nonrefundable inspection fee of $500 for each opening permit (Includes up to 2 inspections of a maximum duration of 1 hours each), Inspection fees are as follows $150/Hour or such higher amount as may be set forth in Chapter 206, shall be deposited with the Borough of River Edge to defray the cost of inspections. § 362-21.4 Maintenance procedures. Performance Bond will be released when final pavement restoration is approved by Director of Public Works, Borough Engineer or their designee. Such release shall be subject to the permittee agreeing to maintain the restored excavation work area for a period of two (2) years from the date of final approval of the work and posting a maintenance bond to guarantee same. As such, the Borough shall retain as a cash retainage 50% of the cash repair deposit and/or performance guaranty during the two-year period. If an inspection reveals that the restored excavation area becomes unacceptable, the Director of Public Works, Borough Engineer or their designee shall notify the permittee that he must repair the area in accordance with the aforementioned procedure within Thirty (30) days from the date of notification or sooner if safety on public conveyances is involved. If the permittee fails to repair trench within this time limit, the Borough will utilize the permittee's cash retainage and maintenance bond to pay for the cost of the repairs. Upon termination of the two-year maintenance period, any remaining portions of said maintenance bond that has not been expended shall be returned to the permittee without interest. § 362-21.5 Newly paved streets. A. Notice of Improvements: Before any street is improved or paved, the Borough shall give notice to all persons owning property abutting on the street and to all public utilities and authorities operating in the Borough that the street is about to be paved or improved. Such notice shall state that all connections and repairs to utilities in the street and all other work which requires excavation of the street, including the installation of sewer laterals and other utility connections from sewer, gas or water mains to the curb line of unimproved lots, shall be completed within thirty (30) days of the receipt of notice. The time for the completion of work may be extended, in writing, by the Director of Public Works, Borough Engineer or their designee upon application by the person performing the work. This subsection shall not excuse any person from the requirement of obtaining a permit as provided in this article, except that there will be no requirement of posting a performance guarantee for the street restoration. In the event an excavation must be made the requirement for Restoration of the Surface Section 362-17 shall control with the addition of a curb-to-curb restoration and an extension of ten feet past the excavation in each direction of the opening. B. Restrictions on excavation. 1. For a period of three (3) years following the completion of the street improvements causing notice to be issued pursuant to this article, no person to whom such notice was given shall be  issued a permit to excavate the newly improved street unless its issuance is approved by the Borough Engineer. 2. Subsection B(1) shall not apply to any case where the excavation is made necessary by the occurrence of some event which could not have been foreseen at the time that notice was given, or where the public health or safety requires the performance of the street opening. § 362-21.6 Violations and penalties. For a violation of any provision of this article, the maximum penalty, upon conviction thereof, shall be a fine not exceeding $1,000, or imprisonment for up to 90 days, or a period of community service not exceeding 90 days, or any combination thereof. 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. ADOPTION – Ordinance #21-34 On a motion by Councilwoman Montisano-Koen, seconded by Councilwoman Busteed, to adopt Ordinance #21-34. On a roll call, the vote was recorded as follows: Councilwoman Busteed: aye Councilwoman Kaufman: aye Councilman Chinigo: aye Councilwoman Kinsella aye Councilman Gautier: aye Councilwoman Montisano-Koen: aye BOROUGH OF RIVER EDGE ORDINANCE #21-34 BOND ORDINANCE TO AUTHORIZE THE UNDERTAKING OF VARIOUS IMPROVEMENTS TO THE PUBLIC LIBRARY IN, BY AND FOR THE BOROUGH OF RIVER EDGE, IN THE COUNTY OF BERGEN, STATE OF NEW JERSEY, TO APPROPRIATE THE SUM OF $375,000 TO PAY THE COST THEREOF, TO APPROPRIATE A PUBLIC LIBRARY CONTRIBUTION, 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 undertake various building system and interior improvements to the River Edge Public Library (the "Public Library") in, by and for the Borough. Said improvements shall include all work, materials and appurtenances necessary and suitable therefor. It is hereby determined and stated that said public building being improved is of "Class B" or equivalent construction as defined in Section 22 of the Local Bond Law (Chapter 2 of Title 40A of the New Jersey Statutes Annotated, as amended; the "Local Bond Law"). Section 2. The sum of $375,000 is hereby appropriated to the payment of the cost of making the improvements described in Section 1 of this ordinance (hereinafter referred to as "purpose"). Said appropriation shall be met from the proceeds of the sale of the bonds authorized and the Public Library contribution appropriated by this ordinance. No down payment is required pursuant to the provisions of N.J.S.A. 40A:2-11(c) because this ordinance involves a project to be funded by a State grant. It is anticipated that a New Jersey Library Construction Bond Act Grant in the amount of $263,159 shall be received by the Borough to finance the cost of the improvements described in Section 1 hereof. Said grant funds shall be applied as set forth in Section 10 hereof. Said improvements shall be made as general improvements and no part of the cost thereof shall be assessed against property specially benefited. Section 3. It is hereby determined and stated that (1) said purpose is not a current expense of the Borough, and (2) it is necessary to finance said purpose by the issuance of obligations of the Borough pursuant to the Local Bond Law, and (3) the estimated cost of said purpose is $375,000, and (4) $15,000 of said sum is to be provided by the Public Library contribution hereinafter appropriated, and (5) the estimated maximum amount of bonds or notes necessary to be issued for said purpose is $360,000, and (6) the cost of said purpose, as hereinbefore stated, includes the aggregate amount of $75,000, which is estimated to be necessary to finance the cost of said purpose, including architect's fees, accounting, engineering and inspection costs, legal expenses and other expenses, including interest on such obligations to the extent permitted by Section 20 of the Local Bond Law. Section 4. It is hereby determined and stated that the sum of $15,000 received or to be received as a contribution from the Public Library is hereby appropriated to the payment of the cost of such purpose. Section 5. To finance said purpose, bonds of the Borough of an aggregate principal amount not exceeding $360,000 are hereby authorized to be issued pursuant to the Local Bond Law. Said bonds shall bear interest at a rate per annum as may be hereafter determined within the limitations prescribed by law. All matters with respect to said bonds not determined by this ordinance shall be determined by resolutions to be hereafter adopted. Section 6. To finance said purpose, bond anticipation notes of the Borough of an aggregate principal amount not exceeding $360,000 are hereby authorized to be issued pursuant to the Local Bond Law in anticipation of the issuance of said bonds. In the event that bonds are issued pursuant to this ordinance, the aggregate amount of notes hereby authorized to be issued shall be reduced by an amount equal to the principal amount of the bonds so issued. If the aggregate amount of outstanding bonds and notes issued pursuant to this ordinance shall at any time exceed the sum first mentioned in this section, the moneys raised by the issuance of said bonds shall, to not less than the amount of such excess, be applied to the payment of such notes then outstanding. Section 7. Each bond anticipation note issued pursuant to this ordinance shall be dated on or about the date of its issuance, shall be payable not more than one year from its date, shall bear interest at a rate per annum as may be hereafter determined within the limitations prescribed by law and may be renewed from time to time pursuant to and within the limitations prescribed by the Local Bond Law. Each of said bond anticipation notes shall be signed by the Mayor and by a financial officer and shall be under the seal of the Borough and attested by the Borough Clerk or Deputy Borough Clerk. Said officers are hereby authorized to execute said notes and to issue said notes in such form as they may adopt in conformity with law. The power to determine any matters with respect to said notes not determined by this ordinance, and also the power to sell said notes, is hereby delegated to the Chief Financial Officer who is hereby authorized to sell said notes either at one time or from time to time in the manner provided by law. Section 8. It is hereby determined and declared that the period of usefulness of said purpose, according to its reasonable life, is a period of fifteen years computed from the date of said bonds. Section 9. It is hereby determined and stated that the Supplemental Debt Statement required by the Local Bond Law has been duly made and filed in the office of the Borough Clerk of the Borough, and that such statement so filed shows that the gross debt of the Borough, as defined in Section 43 of the Local Bond Law, is increased by this ordinance by $360,000 and that the issuance of the bonds and notes authorized by this ordinance will be within all debt limitations prescribed by the Local Bond Law. Section 10. Any funds received from private parties, public libraries, the County of Bergen, the State of New Jersey or any of their agencies or any funds received from the United States of America or any of its agencies in aid of said purpose (other than the Public Library contribution hereinbefore appropriated which shall be applied to the cost of such purpose, but shall not be applied to the payment of outstanding bond anticipation notes and the reduction of the amount of bonds authorized), shall be applied to the payment of the cost of said purpose, or, if bond anticipation notes have been issued, to the payment of the bond anticipation notes, and the amount of bonds authorized for said purpose shall be reduced accordingly. Section 11. The capital budget is hereby amended to conform with the provisions of this ordinance to the extent of any inconsistency therewith and the resolutions promulgated by the Local Finance Board showing full detail of the amended capital budget and capital program as approved by the Director, Division of Local Government Services, is on file with the Borough Clerk and is available for public inspection. Section 12. The Borough intends to issue bonds or notes to finance the cost of the improvements described in Section 1 of this bond ordinance. If the Borough incurs such costs prior to the issuance of such bonds or notes, the Borough hereby states its reasonable expectation to reimburse itself for such expenditures with the proceeds of such bonds or notes in the maximum principal amount of bonds or notes authorized by this bond ordinance. Section 13. The full faith and credit of the Borough are hereby pledged to the punctual payment of the principal of and interest on the obligations authorized by this ordinance. Said obligations shall be direct, unlimited and general obligations of the Borough, and the Borough shall levy ad valorem taxes upon all the taxable real property within the Borough for the payment of the principal of and interest on such bonds and notes, without limitation as to rate or amount. Section 14. This ordinance shall take effect twenty days after the first publication thereof after final passage. RESOLUTIONS - By Consent a. #21-339 Amend Employment Agreement b. #21-340 Authorize Renewal of Lease Agreement with Mid Bergen Regional Health Commission c. #21-341 Authorize Tax Collector to Refund 2021 4th Quarter Tax Overpayments(s)  d. #21-342 Resolution Authorizing Budget Transfers for Calendar Year 2021 e. #21-343 Confirm Emergency Purchase – Fire Company #2 f. #21-344 Authorize Refund – 2010 Taxes – NJ Tax Court Judgment – Block 1306 Lot 4.03 g. #21-345 Approve Reappointment – Director of Recreation & Cultural Affairs h. #21-346 Approve Procurement Card Policy i. #21-347 Request Permission for Dedication by Rider – River Edge Police Department Donations Trust Fund j. #21-348 Resolution to Refund Escrow Money Motion by Councilman Gautier, second by Councilman Chinigo, that the Consent Agenda be approved. On a roll call, the vote was recorded as follows: Councilwoman Busteed: aye Councilwoman Kaufman: aye Councilman Chinigo: aye Councilwoman Kinsella aye Councilman Gautier: aye Councilwoman Montisano-Koen: aye ******** #21-339 Amend Employment Agreement BE IT RESOLVED, by the Mayor and Council of the Borough of River Edge, that the employment agreement appointing Lissette Aportela as Borough Administrator for a term of January 1, 2021 through December 31, 2022, which was authorized via Resolution #20-283, on December 14, 2020, is hereby amended with regards to the salary compensation for 2022; and BE IT FURTHER RESOLVED, that the Mayor and Borough Clerk are hereby authorized to execute an amended Employment Agreement with Lissette Aportela. December 13, 2021 ******** #21-340 Authorize Renewal of Lease Agreement with Mid Bergen Regional Health Commission WHEREAS, the Mid-Bergen Regional Health Commission entered into a Lease Agreement on August 21, 1978 via resolution #78-229 for a portion of premises known as 705 Kinderkamack Road, which is owned by the Borough of River Edge, for its principal place of business; and WHEREAS, the Mid-Bergen Regional Health Commission moved their headquarters in 1992 to 705 Kinderkamack Road and the Borough Attorney has drawn up an amended lease for a portion of the premises known as 705 Kinderkamack Road, commonly known as the Municipal Building; and WHEREAS, the monthly rental for this portion of premises is $300.00 per month. NOW, THEREFORE, BE IT RESOLVED that the Mayor is hereby authorized to sign said amended lease and the Borough Clerk is authorized to attest said signature said signature for a two (2) year lease commencing January 1, 2022 and ending on December 31, 2023. December 13, 2021 ******** #21-341 Authorize Tax Collector to Refund 2021 4th Quarter Tax Overpayments(s) WHEREAS, the tax office has received duplicate and/or tax overpayments for the 4th Quarter 2021 taxes on the following 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 EXEMPT 4,547.30 935 FIFTH AVENUE 615/13 VISCARDI, THOMAS & MICHELA DUPLICATE 4,891.21 568 BOGERT ROAD 617/8 PILAT, ARTUR & DUPLICATE 2,435.92 AUGUSTYN, MARGARET 583 CENTER AVENUE 802/22 O’DONNELL, TIMOTHY & KARA DUPLICATE 4,435.74 150 VOORHIS AVENUE 803/12 PILAT, ARTUR DUPLICATE 2,686.71 120 VOORHIS AVENUE 1003/10 MOHAMED, AHMED NADY & DUPLICATE 118.49 ELYAMANY, SALMA 405 MERCER AVE TOTAL: $19,115.37 Make check payable to: CORE LOGIC TAX SERVICES P.O. Box 9202 Coppell, TX 75019-9978 Attn: Centralized Refunds December 13, 2021 ******** #21-342 Resolution Authorizing Budget Transfers for Calendar Year 2021 WHEREAS, certain appropriations were required and provided for during the calendar year 2021 and will require additional sums for expenditures to the end of 2021; and WHEREAS, other appropriations reflect that balances do exist as of the end of the year 2021; and WHEREAS, it is provided per N.J.S.A. 40A:4-58 that municipalities may make transfers from appropriations having excesses to those requiring additional sums.  NOW, THEREFORE, BE IT RESOLVED, by the Governing Body of the Borough of River Edge that the list of transfers herein and below be and they are authorized to be made upon records of appropriations in the keeping of the CFO as per the amounts listed herein, provided this resolution is adopted by not less than 2/3 vote of the full membership of the Governing Body as required by Statute. IN: 1-01-31-440-170 – Telephone - $20,000.00 1-01-32-465-124 – Sanitation Landfill – Bergen County Contractual - $65,000.00 1-01-26-305-101 – Recycling O/E - $43,000.00 1-01-26-325-100 – Community Services Act O/E- $2,500.00 1-01-26-315-173 – Vehicle Maintenance O/E $20,000.00 1-01-20-120-021 – Clerk O/E - $7,000.00 1-01-20-120-178 – Clerk O/E - $3,000.00 1-01-20-120-166 – Clerk O/E - $5,000.00 Total $165,500.00 OUT: 1-01-23-220-090 – Group Health Insurance - $40,000.00 1-01-20-120-011 – Municipal Clerk S&W - $10,000.00 1-01-27-360-100 – Aid to Sr. Citizens O/E - $25,000.00 1-01-23-210-174 – Liability Insurance - $10,000.00 1-01-20-174-100 – Economic Development O/E - $5,000.00 1-01-21-180-021 – Land Use Board O/E - $4,000.00 1-01-27-331-012 – Bus S&W - $15,000.00 1-01-28-370-012 – Recreation S&W - $10,000.00 1-01-23-225-100 – Unemployment - $11,500.00 1-01-31-447-166 – Petroleum Products - $10,000.00 1-01-26-310-187 – Buildings and Grounds O/E - $10,000.00 1-01-20-120-011 – Clerk S&W - $15,000.00 Total $165,500.00 December 13, 2021 ******** #21-343 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 after air quality testing, high levels of mold were found; 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 mold needed to be remediated immediately 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 remediate the mold in a timely and safe manner to provide for the safety of the fire personnel; and WHEREAS, Servpro of Paramus has responded to the emergency and performed the remediation for a total contract price of $40,524.49. 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 Servpro of Paramus of 700-76 Broadway, #316 in Westwood, NJ 07675 for the mold remediation at Fire Company #2 in the amount of $40,524.49 as an emergency purchase as per NJSA 40A:11-6. December 13, 2021 ******** #21-344 Authorize Refund – 2010 Taxes – NJ Tax Court Judgment – Block 1306 Lot 4.03 WHEREAS, a Tax Court Judgment was entered on 11/16/2021 and the same was received by the tax office on 11/17/2021 reducing the assessed value on the property, known as Block: 1306 Lot: 4.03, located at Commerce Way for the year 2010; and WHEREAS, the 2010 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 2010 3,647.43 Total: 3,647.73 Make check payable to: Law Office of Nathan P. Wolf, LLC and NEW BOSTON/PRISM CAPITAL PRTNRS LLC 673 Morris Avenue Springfield, NJ 07081 December 13, 2021 ******** #21-345 Approve Reappointment – Director of Recreation & Cultural Affairs BE IT RESOLVED, by the Mayor and Council of the Borough of River Edge, that the Director of Recreation and Cultural Affairs, Carolyn Baldanza, is hereby reappointed for a one-year term to expire on December 31, 2022; and  BE IT FURTHER RESOLVED, that the Mayor and Council will provide the Director of Recreation and Cultural Affairs with goals and objectives for the aforementioned term by no later than March 31, 2022. December 13, 2021 ******** #21-346 Approve Procurement Card Policy WHEREAS, as per Local Finance Notice 2018-13, “The governing body of a local unit seeking to utilize P-Cards to acquire goods and services must adopt a resolution or ordinance, as appropriate, setting out policies and procedures that govern their use as well as ensuring sound fiscal and managerial controls”. NOW, THEREFORE BE IT RESOLVED, by the Mayor and Council of the Borough of River Edge, that the attached Procurement Card Policy is hereby approved; and BE IT FURTHER RESOLVED, that the signed acknowledgment forms be included in the personnel files of the authorized employees who have been issued procurement cards. December 13, 2021 Borough of River Edge Procurement Card (P-Card) Policy Purpose This policy is for the Borough of River Edge to be in compliance with Local Finance Notice 2018-13 which states, “The governing body of a local unit seeking to utilize P-Cards to acquire goods and services must adopt a resolution or ordinance, as appropriate, setting out policies and procedures that govern their use as well as ensuring sound fiscal and managerial controls”. The statutory refence regarding procurement cards can be found in New Jersey Administrative Code 5:30-9A. Authorization The following positions are those deemed as authorized procurement card users:  Borough Administrator, Chief Financial Officer, Accounts Supervisor, Borough Clerk, Superintendent of Public Works, Recreation Director, Police Chief, Police Chief Secretary, and Emergency Management Coordinator. "Authorized procurement card user" means the Borough employee authorized by the Borough Administrator to make transactions using a procurement card and whose name physically appears on the procurement card. Upon separation of employment with the Borough of River Edge via termination, resignation, or retirement, authorized procurement card users must immediately submit the procurement card to the Borough Administrator or in the absence of the Borough Administrator, to the Police Chief. To be permitted to utilize P-Cards, the governing body must appoint a program manager who is a Qualified Purchasing Agent (QPA). The Borough Administrator, who also serves as the Qualified Purchasing Agent, shall be the designated program manager for the Borough of River Edge. The Chief Financial Officer shall be responsible for supervising the Program Manager’s oversight of the local unit’s P-Card program. Reconciliation of activity shall be conducted by the CFO and/or the Accounts Supervisor. Procedures All authorized procurement card users, shall complete and sign a contract of understanding that includes financial responsibility for misuse of the procurement card. A card shall not be issued unless it can be shown that such issuance is necessary for the conduct of ongoing operations in the normal course of providing government services. All authorized procurement card users are only able to charge P-cards for tangible supplies or non-tangible items under the following conditions: • When payment to vendors is required in advance of the delivery of certain materials or services that cannot be obtained from any other source at comparable prices o Advance payment is required by the vendor; o Comparable pricing is not otherwise obtainable for such goods or services to be available at the time and place required; and  o The Borough Administrator has approved such item for purchase from a particular vendor • When ordering, billing and payment transactions for goods and services are made through a computerized electronic transaction (i.e. on the Internet) o Vendor requires immediate payment; and o The Borough Administrator has approved such item for purchase from a particular vendor • When certification is not readily obtainable by the contracting unit Please be aware that all purchases of goods and services using a P-Card must be done in compliance with the Local Public Contracts Law; use of a P-Card does not change or eliminate any provisions of that law. Individual P-Card purchases shall be subject to the following dollar limits: • Office supplies with individual value not to exceed $200; • Hardware and small tools with individual value not to exceed $150; • Motor vehicle registrations and E-Z pass subscriptions with individual value not to exceed $250; • Membership dues, publications or subscriptions with individual value not to exceed $300; • Auto parts and supplies with individual value not to exceed $500; • Conference registrations and training fees with individual value not to exceed $600; • Online domain name and web services fees with individual value not to exceed $500; • Any other tangible supply, part or material necessary for the ongoing operation and function of the Borough, pre-authorized by the Borough Administrator, but in no case shall any individual transaction exceed 15% of the Borough’s bid threshold. Under no circumstance shall procurement cards be utilized for personal use. Procurement cards shall not be used for travel and dining expenses for government employees, volunteers, or officials. Cash advances from p-cards is strictly prohibited.  Each card user shall be financially responsible for any misuse of the P-Card. The unauthorized use of any P-Card shall result in appropriate remedial or disciplinary action, up to and including termination, without regard to the position held by the card user including, if necessary, the recouping of disbursements for personal purchases through employee salary deductions. When incurring any charge on the p-card, all documentation regarding the purchase, including but not limited to receipts and invoices must be provided to the Accounts Supervisor within two business days of the purchase. All authorized procurement card users shall expeditiously handle returns to ensure the local unit receives credit or is not billed. All supporting vouchers and receipts shall be compared to the P-Card statement of activity. Any item appearing on the statement of activity for which no receipt has been presented, or any disparity in amounts between original receipts and charges appearing on the statement of activity shall be verified by the appropriate department head, or otherwise contested by the CFO or Accounts Supervisor. Acknowledgement of Procurement Card Training and Agreement to Abide by Policies and Procedures for Procurement Card Usage I, _ , hereby certify that I have been trained (Name of cardholder) in the permitted use of procurement cards for the Borough of River Edge, and that the topics as per attached have been explained. I hereby agree to follow the provisions of the Procurement Card Program, its policies, and procedures. I understand that violators of these rules may result in revocation of privilege of use and/or disciplinary action up to and including termination of employment. I also understand that inappropriate use may require that I reimburse all costs associated with such improper use. Cardholder Signature  Cardholder- Print Name Date Assigned Card Number Signature of Program Manager Signature of Chief Financial Officer or Accounts Supervisor Signature of Chief Administrative Officer ******** #21-347 Request Permission for Dedication by Rider – River Edge Police Department Donations Trust Fund WHEREAS, permission is required of the Director of the Division of Local Government Services for approval as a dedication by rider of revenues received by a municipality when the revenue is not subject to reasonably accurate estimates in advance; and, WHEREAS, N.J.S.A 40A:5-29 provides for receipt of donations as acceptance of bequests and gifts for the River Edge Police Department by the municipality to provide for the operating costs to administer this act; and, WHEREAS, N.J.S.A. 40A:4-39 provides the dedicated revenues anticipated from the River Edge Police Department Donations Trust Fund, are hereby anticipated as revenue and are hereby appropriated for the purpose to which said revenue is dedicated by statute or other legal requirement: NOW, THEREFORE, BE IT RESOLVED, by the Governing Body of the Borough of River Edge, County of Bergen, New Jersey as follows: 1. The Governing Body does hereby request permission of the Director of the Division of Local Government Services to pay expenditures of River Edge Police Department Donations Trust Fund /NJSA 40A:5-29. 2. The Clerk of the Borough of River Edge, County of Bergen, is hereby directed to forward two certified copies of this Resolution to the Director of the Division of Local Government Services. December 13, 2021 ******** #21-348 Resolution to Refund Escrow Money  WHEREAS, the following applications have been made to the Land Use Board for Site Plan approvals and has since received such approval; and WHEREAS, all professionals have been paid. NOW, THEREFORE, BE IT RESOLVED that the Chief Financial Officer is hereby authorized to refund the following to: Block Lot Name & Address Refund Amount 1004 22 Gloria Juliana, 3 June Court, River Edge NJ 07661 $ 375.00 1210 21 Dave Maschio, 204 Van Saun Dr, River Edge NJ 07661 $ 375.00 814 21 Betsy Grosser, 68 Wayne Ave, River Edge NJ 07661 $ 375.00 605 12 Michael McElroy, 168 Concord Dr, River Edge NJ 07661 $ 375.00 905 27 Narmadan Kumarasamy, 364 Valley Rd, River Edge NJ 07661 $375.00 102 4 Nagarajan Subramanian, 927 Magnolia, River Edge NJ 07661 $ 375.00 TOTAL $2,250.00 December 13, 2021 ******** #21-349 Payment of Bills Councilwoman Kaufman read resolution #21-349 into the record: #21-349 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 December 13, 2021. BE IT RESOLVED, that the Mayor and Council of the Borough of River Edge approve the following expenditures. CURRENT FUND $198,674.08 CAPITAL FUND $123,509.73 GRANT FUND $ 22.69 ANIMAL CONTROL FUND $ 190.80 TRUST OTHER FUND $ 2,174.01 OPEN SPACE FUND $ 757.21 PAYROLL FUND $ 21,182.82 DEVELOPER’S ESCROW FUND $ 5,477.50 RECREATION TRUST FUND $ 3,655.00 Motion by Councilwoman Kaufman, second by Councilman Gautier, that Resolution #21-349 be approved. On a roll call, the vote was recorded as follows: Councilwoman Busteed: aye Councilwoman Kaufman: aye Councilman Chinigo: aye Councilwoman Kinsella aye Councilman Gautier: aye Councilwoman Montisano-Koen: aye ******** NEW BUSINESS – Opioid Litigation Borough Attorney Sarlo advised that there is a tentative settlement in the amount of $26 billion for a federal class-action lawsuit against opioid distributors and manufacturers to which New Jersey is a party. The State’s portion of this settlement is a maximum of $628 million of which 15% will be allocated to local governments. As the State will receive the maximum amount if there is 100% participation, local governments are being urged to sign the settlement agreement by January 2nd. He explained that there will be restrictions on how these funds can be used with the 1st round of funding most likely being received in the summer 2022. He requested authorization to register the Borough in the national database as well as to execute the settlement agreement. Councilwoman Kinsella inquired whether any information will be required to be provided. Borough Attorney Sarlo advised that, although information does need to be provided at this point in time, he is unsure as to what the State criteria will be for allocating the 15% to municipalities. It was the consensus of the governing body to proceed as recommended by Borough Attorney Sarlo. River Edge Service Project Councilwoman Busteed advised that a Scout from Boy Scout Troop 184 is looking for three hours of conservation service in order to achieve his Life Scout rank. She explained that this time needs to be completed by January 7th and he would like permission to clean up Barbara Christiansen Way off of Coles Court. She noted that this property belongs to the Borough and was created by a Boy Scout Troop many years ago. It was the consensus of the governing body to grant this request. It was agreed that this Boy Scout will report to Borough Administrator Aportela as to the timing of this cleanup and that the DPW and Police Department be made aware that this activity was approved. OLD BUSINESS – There was no Old Business. PUBLIC COMMENTS – Motion by Councilwoman Busteed, second by Councilwoman Montisano-Koen, and all members present voting in favor, to open public comments. No one came forward. Motion by Councilman Chinigo, second by Councilwoman Kinsella, and all members present voting in favor, to close public comment, all in favor. COUNCIL COMMENTS – Councilman Gautier commented that it has been an honor to represent the residents of River Edge as a Councilman. He expressed that he had enjoyed his time on the governing body and learned a great deal. He noted that, although the work on Council is rewarding, it is also time consuming and he thanked his wife and children for being supportive. He acknowledged that there has been changes in many of the Borough leadership positions and commented that he is very happy to have such capable individuals in these roles. He thanked them as well as all Borough employees for what they do for Borough residents. He also expressed gratitude to the members of the governing body with whom he has worked both past and present, noting that respect has always been shown even when there is a difference in opinion. He congratulated Councilwoman-Elect Mallelari on her election and wished everyone happy holidays. The members of the governing body expressed that it was a pleasure working with Councilman Gautier and wished him well in his future endeavors. CLOSED SESSION – There being no further business to come before the Council, on a motion from Councilman Gautier, seconded by Councilwoman Kaufman, and all present voting in favor, the meeting was adjourned to the Closed Executive Session at 7:57 p.m. #21-350 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 22, 2021, special meeting and discussion of the hereinafter specified subject matter: Closed Session Statutory Docket # Item Title or Description Reference 21-12/13-1 Attorney-Client Privilege - N.J.S.A. 10:4-12(b)(7) Appointment & Compensation 21-12/13-2 Personnel Matter - N.J.S.A 10:4-12(b)(8) Construction Official 21-12/13-3 Attorney-Client Privilege - N.J.S.A. 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. December 13, 2021 ADJOURNMENT – There being no further business to come before the Mayor and Council, on a motion by Councilwoman Kaufman, second by Councilman Chinigo, and unanimously carried, to adjourn this meeting. The meeting was adjourned at 8:25 p.m. _________________________________ Mayor Thomas Papaleo Attest: ________________________ Anne Dodd, Borough Clerk