mayor and council 2 open meeting statement 5 approval …

Borough of Leonia Monday, April 05, 2021

Borough of LeoniaLeonia Borough Hall virtually via

GoToMeeting312 Broad AvenueLeonia, NJ 07605

Anne DoddBorough Clerk

www.leonianj.gov

Meeting: 04/05/21 7:30 PMMayor and CouncilMeeting - Regular

1 FLAG SALUTE

2 OPEN MEETING STATEMENT - Conditions of the Open Meetings Act have been met byNotice placed on the Bulletin Board at Borough Hall and notice sent to the Official Newspaper.

3 ROLL CALL

4 COMMENTS FROM THE PUBLIC - "AGENDA ITEMS ANDNON-AGENDA ITEMS" TWO (2) MINUTES PER SPEAKER

5 APPROVAL OF MINUTES5.1. February 17, 2021 Work Session and Closed Executive Session

5.2. March 1, 2021 Regular Meeting

5.3. March 22, 2021 Closed Executive Session

5.4. March 31, 2021 Special Meeting

6 REPORTS

A. COUNCIL REPORTS

B. MAYOR'S REPORT

C. BOROUGH ADMINISTRATOR'S REPORT

D. BOROUGH ATTORNEY'S REPORT

E. BOROUGH ENGINEER'S REPORT

7 ADOPTION OF ORDINANCES7.1. ORD. 2021-01 AN ORDINANCE AMENDING CHAPTER 247 ENTITLED “STREETS AND

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Mayor and Council Agenda Monday, April 05, 2021


SIDEWALKS” AND CHAPTER 290 ENTITLED “ZONING” OF THE GENERAL CODE OFTHE BOROUGH OF LEONIA TO PROVIDE FOR THE REGULATION OF SMALL CELLWIRELESS FACILITIES WITHIN THE MUNICIPAL RIGHTS-OF-WAY Ord. 2021-01 Small Cell Facilities Revised 12.15.20 Clean 2.pdf

8 INTRODUCTION OF ORDINANCES8.1. ORD. 2021-05 CALENDAR YEAR 2021 ORDINANCE TO EXCEED THE MUNICIPAL

BUDGET COST OF LIVING ALLOWANCE AND TO ESTABLISH A CAP BANK (N.J.S.A.40A-4-45.14) Ord. 2021-05 COLA Ord.pdf

9 NON-CONSENT RESOLUTIONS 9.1. RES. 2021-115 Anticipate 2021 Municipal Court Revenues in Budget Using Three-Year Average

of Realized Revenues 2021-115 Three Year Average Revenue Anticipation - Court.pdf

9.2. RES. 2021-116 Anticipate 2021 Pool Utility Revenues in Budget Using Three-Year Average ofRealized Revenues 2021-116 Three Year Average Revenue Anticipation - Pool.pdf

9.3. RES. 2021-117 Introduce 2021 Municipal Budget 2021-117 Introduce 2021 Municipal Budget.pdf2021-117 Backup.pdf

10 CONSENT RESOLUTIONS10.1. RES. 2021-118 Authorize Bill List

2021-118 Authorize Bill List.pdf2021-118 Backup.pdf

10.2. RES. 2021-119 Authorize Consent Letter – Equipment Upgrade – T-Mobile 2021-119 Authorize Consent Letter - Equipment Upgrade - T-Mobile.pdf

10.3. RES. 2021-120 Authorize Contract - County of Bergen - Bergen County Trust Fund 2021-120 Authorize Contract - County of Bergen - Leonia High School Turf Field Lighting.pdf

10.4. RES. 2021-121 Authorize Execution of Settlement Agreement - Condemnation Action - 245 FortLee Road 2021-121 Authorize Execution of Settlement Agreement - Condemnation Action - 245 Fort LeeRoad.pdf

10.5. RES. 2021-122 Authorize Shared Service Agreement - County of Bergen - ADA Curb RampProgram 2021-122 Authorize Shared Service Agreement - County of Bergen - ADA Curb RampProgram.pdf2021-122 Backup.pdf

10.6. RES. 2021-123 Authorize Shared Service Agreement - County of Bergen - Road Resurfacing

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https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/872903/Ord._2021-01_Small_Cell_Facilities_Revised_12.15.20_Clean_2.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/873337/Ord._2021-05_COLA_Ord.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/873269/2021-115_Three_Year_Average_Revenue_Anticipation_-_Court.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/873283/2021-116_Three_Year_Average_Revenue_Anticipation_-_Pool.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/873122/2021-117_Introduce_2021_Municipal_Budget.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/873349/2021-117_Backup.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/873145/2021-118_Authorize_Bill_List.pdf


https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/872811/2021-119_Authorize_Consent_Letter_-_Equipment_Upgrade_-_T-Mobile.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/872856/2021-120_Authorize_Contract_-_County_of_Bergen_-_Leonia_High_School_Turf_Field_Lighting.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/872863/2021-121_Authorize_Execution_of_Settlement_Agreement_-_Condemnation_Action_-_245_Fort_Lee_Road.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/872863/2021-121_Authorize_Execution_of_Settlement_Agreement_-_Condemnation_Action_-_245_Fort_Lee_Road.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/872935/2021-122_Authorize_Shared_Service_Agreement_-_County_of_Bergen_-_ADA_Curb_Ramp_Program.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/872935/2021-122_Authorize_Shared_Service_Agreement_-_County_of_Bergen_-_ADA_Curb_Ramp_Program.pdf


Mayor and Council Agenda Monday, April 05, 2021


Project 2021-123 Authorize Shared Service Agreement - County of Bergen - Road ResurfacingProject.pdf2021-123 Backup.pdf

10.7. RES. 2021-124 Award Contract - Broad Avenue Improvements - Section 9 2021-124 Award Contract - Broad Avenue Section 9.pdf

10.8. RES. 2021-125 Recommend Contract Award to NJDOT - Broad Avenue Improvements - Section9 2021-125 Recommmend Contract Award - Broad Avenue Section 9.pdf

10.9. RES. 2021-126 Authorize Advertisement - Police Officer Vacancy 2021-126 Authorize Advertisement - Police Officer.pdf

11 UNFINISHED BUSINESS11.1. Alternate Side Parking Amendment - Council President Terrell

12 NEW BUSINESS

13 CLOSED SESSION - Whereas the Borough of Leonia desires to meet in private and/orExecutive Session to discuss matters that are permitted by the exceptions to the Open Public MeetingsAct as indicated herein:

13.1. A. Personnel 1. Employment Contract - Chief of Police

14 ADJOURNMENT

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https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/872884/2021-123_Authorize_Shared_Service_Agreement_-_County_of_Bergen_-_Road_Resurfacing_Project.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/872884/2021-123_Authorize_Shared_Service_Agreement_-_County_of_Bergen_-_Road_Resurfacing_Project.pdf


https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/872880/2021-124_Award_Contract_-_Broad_Avenue_Section_9.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/872878/2021-125_Recommmend_Contract_Award_-_Broad_Avenue_Section_9.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/872870/2021-126_Authorize_Advertisement_-_Police_Officer.pdf

BOROUGH OF LEONIA ORDINANCE #2021-01

AN ORDINANCE AMENDING CHAPTER 247 ENTITLED “STREETS AND

SIDEWALKS” AND CHAPTER 290 ENTITLED “ZONING” OF THE GENERAL CODE OF THE BOROUGH OF LEONIA TO PROVIDE FOR THE

REGULATION OF SMALL CELL WIRELESS FACILITIES WITHIN THE MUNICIPAL RIGHTS-OF-WAY

WHEREAS, the Borough of Leonia (“Borough”) is aware that certain technological developments have made access to its Municipal Rights-of-Way desirable by certain telecommunications companies for the placement of small cell wireless facilities, including but not limited to, the installation of antennas, small cells and other communication devices and associated equipment (collectively the “Small Cells”); and WHEREAS, the Borough has determined that its Municipal Rights-of-Way, such as they are or may be, themselves constitute a valuable resource, finite in nature, and which exists as a common right of the public to pass and repass freely over and across said lands without unreasonable obstruction or interference, and which therefore must be managed carefully; and WHEREAS, the Federal Telecommunications Act preserves local governments’ ability to manage the public Rights-of-Way on a competitively neutral and non-discriminatory basis 47 U.S.C. 332 (c)(7)(A); and WHEREAS, New Jersey municipalities must give consent before a Small Cell, i.e., a small antenna, can be placed on existing poles pursuant to N.J.S.A. 48:3-19 and for the erection of new poles within the publilc Rights-of-Way pursuant to N.J.S.A. 48:17-10; and WHEREAS, the Federal Communications Commission (FCC) has recently adopted an order entitled “Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure Investment; Accelerating Wireline Broadband Deployment by Removing Barriers to Infrastructure Investment” WT Docket No. 17-79; WC Docket 17-84, which places a shot clock on municipal approval for the placement of Small Cells on Existing Poles and the placement of New Poles in the Municipal Right-of-Way; and WHEREAS, the erection of New Poles and Ground level Cabinets in the Municipal Right-of-Way raise significant aesthetic and safety concerns; and WHEREAS, the FCC, in its recent order, provides that municipalities can impose aesthetic requirements on Small Cells where said requirement are: 1) reasonable; 2) no more burdensome than those applied to other types of infrastructure deployment; and 3) published in advance; and

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WHEREAS, the Borough has determined that it is necessary to set forth clear standards in relation to the siting of Poles, Cabinets and Antennas for the benefit of its citizens and any utilities which use or will seek to make use of said Municipal Rights-of-Way. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Borough of Leonia that: Section 1. Section 290-____ of the Code of the Borough of Leonia Permitted uses is hereby amended by the addition of a new Section 290-_____ to read as follows: Wireless Facilities in the Right-of-Way. Notwithstanding anything else in Chapter 290 Zoning of the Code of the Borough of Leonia, the installation of antennas, small cells and other communication devices and associated equipment in the public municipal roadway either on existing or new poles are permitted if a Right-of-Way Use Agreement and Right-of-Way Permits are obtained under Code Section 247-6.1 Encroachments in the Public Right-of-Way. Section 2. 247-6.1 Communication Facilities Right-of-Way Permits A. Definitions Administrative Review means ministerial review of an Application by the Mayor and Council and Borough Engineer to determine whether the

issuance of a Permit is in conformity with the applicable provisions of this Section.

Antenna means communications equipment that transmits and/or receives electromagnetic radio frequency signals used in the provision of Wireless Services. This definition does not apply to broadcast antennas, antennas

designed for amateur radio use, or satellite dishes for residential or household purposes.

Applicable Codes means uniform building, fire, safety, electrical, plumbing, or mechanical codes adopted by a recognized national code organization to the extent such codes have been adopted by the Authority, including any amendments

adopted by the Authority, or otherwise are applicable in the jurisdiction. Applicant means any Person or Entity who submits an Applicable under this Section. Application means a written request, on a form provided by the Borough of Leonia. Authority means the Mayor and Council of the Borough of Leonia. Collocate means to install or mount a Small Wireless Facility in the Public Right-

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Of-Way on an existing Support Structure, an existing Tower, or on an existing Pole to which a Small Wireless Facility is attached at the time of the Application. “Collocation” has a corresponding meaning. Communications Facility means, collectively, the equipment at a fixed location or locations within the Public ROW that enables Communications Services, including; (i) radio transceivers, Antennas, coaxial, fiber-optic or other cabling,

power supply (including backup battery), and comparable equipment, regardless of technological configuration; and (ii) all other equipment associated with any of the foregoing. A Communications Facility does not include the Pole, Tower or Support Structure to which the equipment is attached.

Communications Service means cable service, as defined in 47 U.S.C. § 522(6); information service, as defined in 47 U.S.C. § 153(24); or telecommunications service, as defined in 47 U.S.C. § 153(53). Communications Service Provider means a provider of Communications Services and includes a cable operator as defined in 47 U.S.C. § 522(5). Decorative Pole means a Pole that is specially designed and placed for aesthetic purposes. Eligible Facilities Request means an eligible facilities request as set forth in 47 C.F.R. Section 1.40001(b)(3), as that section may be amended from time to time. FCC means the Federal Communications Commission of the United States. Laws means, collectively, any and all Federal, State or Local law, statute, common law, code, rule, regulation, order, or ordinance. Ordinary Maintenance and Repair means inspections, testing and/or repair that maintain functional capacity, aesthetic and structural integrity of a communications Facility and/or the associated Support Structure, Pole or Tower,

that does not require blocking, damaging or disturbing any portion of the Public ROW.

Permit means a written authorization to install, at a specified location(s) in the Public ROW, a Communications Facility, Tower or a Pole to support a Communications Facility. Permittee means an Applicant that has received a Permit under this Section. Person means an individual, corporation, limited liability company, partnership, association, trust or other entity or organization, including a governmental entity.

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Pole means a legally constructed pole, such as a utility, lighting or similar pole made of wood, concrete, metal or other material, located or to be located within the Public Right-of-Way. A Pole does not include a Tower or Support 3 Structure and does not include a pole or structure that supports electric transmission lines. Provider means a Communications Service Provider or a Wireless Services Provider, and includes any Person that owns and/or operates within the Public ROW any Communications Facilities, Wireless Facilities, Poles built for the sole

or primary purpose of supporting Communications Facilities or Towers. Public Right of Way or Public ROW means the area on, below, or above property that has been designated for use as or is used for a public roadway, highway, street, sidewalk, or similar purpose. The term does not include a

federal interstate highway, state highway, county right of way or other areas that are not within the legal jurisdiction, ownership or control of the Authority.

Replace or Replacement means, in connection with an existing Pole, Support Structure or Tower, to replace (or the replacement of) same with a new structure, substantially similar in design, size and scale to the existing structure and in

conformance with this Section and any other applicable regulations in order to address limitations of the existing structure to structurally support Collocation of a Communications Facility.

Small Wireless Facility means a Wireless Facility that meets both of the following qualifications: (i) each Antenna could fit within an enclosure of not more than three (3) cubic feet in volume; and (ii) all other wireless equipment

associated with the Antenna, including the preexisting equipment, is cumulatively no more than twenty-eight (28) cubic feet in volume.

State means the State of New Jersey. Support Structure means a structure in the Public ROW other than a Pole or a Tower to which a Wireless Facility is attached at the time of the Application. Surrounding Streetscape means the visual elements of a street, including the road, adjoining buildings, street furniture, trees and open spaces, etc., that

combine to form the street’s character. Tower means any structure in the Public ROW built for the sole or primary purpose of supporting a Wireless Facility. A Tower does not include a Pole or a Support Structure. Wireless Facility means the equipment at a fixed location or locations in the Public ROW that enables Wireless Services. The term does not include: (i) the

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Support Structure, Tower or Pole on, under, or within which the equipment is located or Collocated; or (ii) coaxial, fiber-optic or other cabling that is between Communications Facilities or Poles or that is otherwise not immediately adjacent to or directly associated with a particular Antenna. A Small Wireless Facility is one type of a Wireless Facility.

Wireless Services means any wireless services using licensed or unlicensed spectrum, whether at a fixed location or mobile, provided to the public. B. Access to Public Right of Way Prior to installing in the Public R.O.W. any Communications Facility, or any Pole built for the sole or primary purpose of supporting a Communications Facility, or any Tower, a Person shall enter into a Right of Way Use Agreement with the Borough of Leonia expressly authorizing use of the Public Right of Way for the Communications Facility, Pole or Tower proposed to be installed. 1. The term of the R.O.W. Use Agreement shall not exceed 15 years. 2. The R.O.W. Use Agreement authorizes the Provider’s non-exclusive use of the Public R.O.W. for the sole purpose of installing, maintaining and operating Communications Facilities, including any Pole built for the sole or primary purpose of supporting the Communications Facilities and to provide the services expressly authorized in the agreement subject to Applicable Codes and applicable laws, this Section and the terms and conditions of the agreement. The agreement authorizes use only of the public R.O.W. in which the Borough has an actual interest. It is not a warranty of title or interest in any Public R.O.W. and it does not confer on the Provider any interest in any particular location within the Public R.O.W.. No other right or authority is granted except as expressly set forth in the agreement. Nothing herein shall authorize the use of the Borough’s Poles, Towers, Support Structures, or other structures in the Public R.O.W.. All use of the Borough’s Poles, Towers, Support Structures and other structures in the Public R.O.W. shall require a separate agreement and the payment of separate fees for such use. 3. The Provider shall, at its sole cost and expense, keep and maintain its Communications Facilities, Poles, Support Structures and Towers in the Public R.O.W. in a safe condition, and in good order and repair. 4. The Provider shall provide insurance and indemnification of the Borough as described in the R.O.W. Use Agreement. The insurance coverage limits must be at least as broad as follows: a. Worker’s Compensation and Employer’s Liability Insurance. Provider shall provide proof of Worker’s Compensation Insurance and be in compliance with the Worker’s Compensation Law of the State of New Jersey. Employer’s Liability: Limit of

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liability shall be a minimum of $500,000 in accordance with New Jersey statute. b. Comprehensive General Liability. Comprehensive general liability (“CGL”) insurance with limits no less than $2,000,000 per occurrence. c. Automobile Liability. Automobile liability insurance covering claims for bodily injury and property damage arising from all owned, hired and non-owned vehicles with limits of not less than $1,000,000 combined single limit. C. R.O.W. Permit 1. No person may construct, maintain or perform any other work in the Public R.O.W. related to Communications Facilities, Poles built for the sole or primary purpose of supporting Communications Facilities, or Towers without first receiving a Permit to the extent required under this Section, and any subsequent permits or authorizations required by applicable Laws or the Authority. 2. The Authority shall not issue a Permit unless the Applicant, or a Provider on whose behalf the Applicant is constructing Communications Facilities, Poles or Towers, has applied for and received the R.O.W. Use Agreement required by this Section, or otherwise has a current and valid franchise with the Borough expressly authorizing use of the Public R.O.W. for the Communications Facilities, Poles or Towers proposed in the Application, and all applicable fees have been paid. 3. The Provider shall not locate or maintain its Communications Facilities, Wireless Facilities, Support Structure, Poles and Towers so as to unreasonably interfere with the use of the Public R.O.W. by the Borough, by the general public or by other persons authorized to use or be present in or upon the Public R.O.W. D. Location and Siting 1. Height. No Pole shall be taller than thirty-five (35) feet in height including the antennas or 110% of the height of Poles in the Surrounding Streetscape, whichever is higher. 2. Distance from curb line. No Pole shall be farther than five (5) feet from the curb line. 3. Location, Safety and Aesthetics. No Pole shall be erected in the Right-of-Way unless it: a. Is replacing an Existing Pole; or b. Is approved by the Authority; or c. Is located within the Municipal Right-of-Way; and d. Is at least two hundred (200) linear feet from any other Existing

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Pole or Proposed Pole along the same side of the street; and e. Is not located in an area with the Underground Utilities ; and f. Does not inhibit any existing sight triangles; and g. Allows adequate room for the public to pass and re-pass across the Right-of-Way; and h. Utilizes stealth technology in order that the Pole Is finished and/or painted so as to blend in compatibly with its background and so as

to minimize its visual impact on surrounding properties. 4. The Authority may require new poles to be Decorative Poles if appropriate. 5. Pole Mounted Antennas are permitted on New and Existing Poles, provided that each Pole Mounted Antenna: a. Does not exceed three (3) cubic feet in volume; and b. Is finished and/or painted and otherwise camouflaged, in conformance with best available stealth technology methods, so as

to blend in compatibly with its background and so as to minimize its visual impact on surrounding properties; and

c. Does not inhibit sight triangles; and d. Allows adequate room for the public to pass and repass across the municipal right-of-way. 6. Pole Mounted Cabinets are permitted on New and Existing Poles, provided that each Pole Mounted Cabinet: a. Does not exceed sixteen (16) cubic feet; and b. Is finished and/or painted and otherwise camouflaged in conformance with best available stealth technology methods so as

to blend in compatibly with its background and so as to minimize its visual impact on surrounding properties; and

c. Does not inhibit sight triangles; and d. Allows adequate room for the public to pass and repass across the municipal right-of-way. 7. The Authority may also require that an applicant provide a certification from a licensed engineer attesting to the structural integrity of any Pole

Mounted Antenna or Pole Mounted Cabinet. 8. Ground mounted equipment may be used only to house equipment and other supplies in support of the wireless facility. 9. Underground Utilities. Unless otherwise agreed to in writing by the Authority or otherwise required by applicable Laws, whenever any

existing electric utilities or Communications Facilities are located

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underground within a Public R.O.W., the Provider with permission to occupy the same portion of the Public R.O.W. shall locate its Communications Facilities underground at its own expense. The Authority may, in its sole discretion, approve above-ground placement of equipment cabinets, pedestals and similar equipment. For facilities or equipment such as Wireless Facilities that cannot, by their nature, operate unless located above ground, the Provider and Authority shall work to find a suitable location for such facilities or equipment, which may be outside the Public R.O.W..

10. All wireless equipment associated with the Pole or Tower, including the wireless equipment associated with the antenna and any preexisting

associates equipment shall not be more than twenty-eight (28) cubic feet in volume.

11. The Provider shall upon completion of construction provide the Borough with as-built drawings and a map showing the location of the facility and

equipment. E. Restoration Requirements 1. The Provider, or its agent or contractor, shall restore, repair and/or replace any portion of the Public R.O.W. that is damaged or disturbed by the

Provider’s Communications Facilities, Poles, Towers or work in or adjacent to the Public R.O.W..

2. If the Provider fails to timely restore, repair or replace the Public R.O.W. as required in this subsection, the Authority or its contractor may do so

and the Provider shall pay the Authority’s costs and expenses in completing the restoration, repair or replacement.

F. Removal, Relocation and Abandonment 1. Within 30 days following written notice from the Authority, the Provider shall, at its own expense, protect, support, temporarily or permanently

disconnect, remove, relocate, change or alter the position of any of its Communications Facilities, Poles, Support Structures or Towers within the Public R.O.W., including relocation of above-ground Communications Facilities underground (consistent with the provisions of this Section), whenever the Borough has determined, in its sole discretion, that such removal, relocation, change or alteration is necessary for the construction, repair, maintenance or installation of any Borough improvement, the operations of the Borough in, under or upon the Public R.O.W., or otherwise is in the public interest. The Provider shall be responsible to the Borough for any damages or penalties it may incur as a result of the Provider’s failure to remove or relocate Communications Facilities, Poles,

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Support Structures or Towers as required in this subsection. 2. The Borough retains the right and privilege to cut or move any Communications Facility, Pole, Support Structure or Tower located within

the Public R.O.W. of the Borough, as the Borough may determine, in its sole discretion, to be necessary, appropriate or useful in response to any public emergency. If circumstances permit, the Borough shall notify the Provider and give the Provider an opportunity to move its own facilities prior to cutting or removing the Communications Facility, Pole, Support Structure or Tower. In all cases, the Borough shall notify the Provider after cutting or removing the Communications Facility, Pole, Support Structure or Tower as promptly as reasonably possible.

3. A Provider shall notify the Borough of abandonment of any Communications Facility, Pole, Support, Structure or Tower at the time

the decision to abandon is made, however, in no case shall such notification be made later than 30 days prior to abandonment. Following receipt of such notice, the Provider shall remove its Communications Facility, Pole, Support Structure or Tower at the Provider’s own expense, unless the Borough determines, in its sole discretion, that the Communications Facility, Pole, Support Structure or Tower may be abandoned in place. The Provider shall remain solely responsible and liable for all of it Communications Facilities, Poles, Support Structures and Towers until they are removed from the Public R.O.W. unless the Borough agrees in writing to take ownership of the abandoned Communications Facilities, Poles, Support Structures or Towers.

4. If the Provider fails to timely protect, support, temporarily or permanently disconnect, remove, relocate, change or alter any of its Communications

Facilities, Poles, Support Structures or Towers or remove any of its abandoned Communications Facilities, Poles, Support Structures or Towers as required in this subsection, the Borough or its contractor may do so and the Provider shall pay all costs and expenses related to such work, including any delay damages or other damages the Borough incurs arising from the delay.

G. Fees and Charges 1. Agreement/License Application Fee. Every Person requesting a Right of Way Agreement, Franchise Agreement or License Agreement from the

Borough shall pay an application fee of $250.00, which shall be paid upon submission of the Right of Way Agreement, Franchise Agreement or License Agreement application.

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2. Permit Application Fee. a. The Applicant shall pay a Permit application fee of $500.00 for an Application for up to five small wireless facilities submitted

simultaneously by a Provider. The fee of $100.00 is established for each additional small wireless facililty.

b. The Applicant shall pay a non-recurring fee for a new pole (not a collocation) intended to support one or more small wireless

facilities of $1,000.00. 3. An annual $270.00 per Small Wireless Facility fee shall be paid to the Borough no later than January 1 of each calendar year. 4. Other Fees. The Applicant or Provider shall be subject to any other generally applicable fees of the Borough or other government body, such

as those required for electrical permits, bulding permits, or street opening permits, which the Applicant or Provider shall pay as required in the applicable Laws, as well as attachment fees for the use of the Borough owned Poles, Towers, Support Structures, ducts, conduits or other structures in the Public R.O.W., as set forth in attachment agreements authorizing such use.

5. No Refund. Except as otherwise provided in the Right of Way Agreement; Franchise Agreement; License, the Provider may remove its

Communications Facilities, Poles or Towers from the Public R.O.W. at any time, upon not less than 30 days prior written notice to the Borough, and may cease paying the Borough any applicable recurring fees for such use, as of the date of actual removal of the facilities and complete restoration of the Public R.O.W.. In no event shall a Provider be entitled to a refund of fees paid prior to removal of its Communications Facilities, Poles or Towers.

H. Permit Applications 1. Permit Required. Unless expressly authorized in this Section or in writing by the Authority, no Person may construct, install or maintain in the

Public R.O.W. any Communications Facilities, Poles bult for the sole or primary purpose of supporting Communications Facilities or Towers, including the installation or Collocation of Communications Facilities on existing Poles, Towers, Support Structures or other structures within the Public R.O.W. without first receiving a Permit. Notwithstanding the foregoing, in the event of an emergency, a Provider or its duly authorized representative may work in the Public R.O.W. prior to obtaining a Permit, provided that the Provider shall attempt to contact the Borough prior to commencing the work and shall apply for a Permit as soon as reasonably

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possible, but not later than 24 hours, after commencing the emergency work. For purposes of this subsection, an “Emergency” means a circumstance in which immediate repair to damaged or malfunctioning facilities is necessary to restore lost service or prevent immediate harm to persons or property.

2. Permit Application Requirements. The Application shall be made by the Provider or is duly authorized representative and shall contain the

following: a. The Applicant’s name, address, telephone number, and email address, including emergency contact information for the

Applicant. b. The names, addresses, telephone numbers and email addresses of all consultants, if any, acting on behalf of the Applicant with

respect to the filing of the Application. c. A description of the proposed work and the purposes and intent of the proposed Communications Facility, Pole, Tower, Support

Structure or Wireless Facility (as applicable) sufficient to demonstrate compliance with the provisions of this Section 247-6.1.

d. If applicable, a copy of the authorization for use of the property from the Pole, Tower or Support Structure owner on or in which

the Communications Facility will be placed or attached. e. Detailed construction drawings regarding the proposed Communications Facility, Pole, Tower, Support Structure or

Wireless Facility (as applicable). f. To the extent the proposed facility involves Collocation on a Pole, Tower or Support Structure, a structural report performed by a

duly licensed engineer evidencing that the Pole, Tower or Support Structure will structurally support the Collocation (or that the Pole, Tower or Support Structure will be modified to meet structural requirements) in accordance with Applicable Codes.

g. For any new aboveground facilities, accurate visual depictions or representations. If not included in the construction drawings. 3. Proprietary or Confidential Information in Application. Applications are public records that may be made publicly available pursuant to the New

Jersey Open Public Records Act. Notwithstanding the foregoing,

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Applicant may designate portions of its Application materials that it reasonably believes contain proprietary or confidential information as “proprietary” or “confidential” by clearly marking each portion of such materials accordingly, and the Borough shall treat the information as propriety and confidential, subject to the New Jersey Open Public Records Act and the Borough’s determination that the Applicant’s request for confidential or proprietary treatment of Application materials is reasonable. The Borough shall not be required to incur any costs to protect the Application materials from disclosure, other than the Borough’s routine procedures for complying with the New Jersey Open Public Records Act.

4. Ordinary Maintenance and Repair. A Permit shall not be required for ordinary Maintenance and Repair. The Provider or other Person

performing the Ordinary Maintenance and Repair shall obtain any other permits required by applicable laws and shall notify the Borough in writing at least 48 hours before performing the Ordinary Maintenance and Repair.

5. Material Changes. Unless otherwise agreed to in writing by the Authority, any material changes to an Application, as determined by the Authority in

its sole discretion, shall be considered a new application for purposes of the time limits set forth in Section 247-6.1H, unless otherwise provided by application Laws. 6. Application Fees. Unless otherwise provided the applicable Laws, all Applications pursuant to this Section shall be accompanied by the Fees

required under Section 247-6.1G. 7. Effect of Permit. A Permit from the Authority authorizes an Applicant to undertake only the activities in the Public R.O.W. specified in the

Application and Permit, and in accordance with this Section and any general conditions included in the Permit. A Permit does not authorize attachment to or use of existing Poles, Towers, Support Structures or other structures in the Public R.O.W.; a Permittee or Provider must obtain all necessary approvals from the owner of any Pole, Tower, Support Structure or other structure prior to any attachment or use. A Permit does not create a property right or grant authority to the Applicant to interfere with other existing uses of the Public R.O.W..

8. Duration. Any Permit for construction issued under this Article II shall be valid for a period of 180 days after issuance, provided that the period may

be extended for up to an additional 90 days upon written request for the

15

13

Applicant (made prior to the end of the initial 180 day period) if the failure to complete construction is as a result of circumstances beyond the reasonable control of the Applicant.

9. Batch Permit. An Applicant may simultaneously submit not more than five (5) Applications for Communications Facilities, or may file a single,

consolidated Application covering such Communications Facilities, provided that the proposed Communications Facilities are to be deployed on the same type of structure using similar equipment and within an adjacent, related geographic area of the Borough. If the Applicant files a consolidated application, the Applicant shall pay the application fee calculated as though each Communications Facility were a separate Application.

I. Application Review 1. Pre-Application Meeting. Prior to making a formal application with the Borough for use of the Municipal Right-of-Way, all applicants are advised

to meet voluntarily with the Borough Engineer to review the scope of the Applicant’s proposal.

2. All applications made under this section shall be expedited so as to comply with the shot clocks set forth in the Federal Communications

Commission Order titled “Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure Investment; Accelerating Wireline Broadband Deployment by the Removal of Barrier to Infrastructure Investment.” WT Docket No. 17-79; WC Docket No. 170-84.

3. The Borough Engineer shall review all applications for the placement of new Poles and Ground Level Cabinets within the Municipal R.O.W. and

the placement of Pole Mounted Antennas and Pole Mounted Cabinets within the Municipal R.O.W. and advise the Authority whether the application is complete and whether it meets the requirements of this Section.

4. Except as otherwise provided by applicable Laws, the Authority shall: within thirty (30) days of receiving an Application, notify the Applicant if

the Application is incomplete and identify the missing information. The Applicant may resubmit the completed Application within ten (10) days without additional charge, in which case the Authority shall have thirty (30) days from receipt of the resubmitted Application to verify the application is complete, notify the Applicant that the Application remains incomplete or, in the Borough’s sole discretion, deny the Application.

16

14

5. The Authority shall review the Application and, if the Application conforms with applicable provisions of Section 247-6A, the Authority

shall issue the Permit, subject to the standard permit requirements published by the Borough.

6. The Authority shall make its final decision to approve or deny the Application within sixty (60) days for a collocation of a small wireless

facility to an existing structure, and ninety (90) days to deploy a small wireless facility on a new structure, after the Application is complete (or deemed complete in the event the Borough does not notify the Applicant that the Application or resubmitted Application is incomplete). Review of an Application to deploy a facility other than a small wireless facility using a new structure shall be decided within 150 days.

7. Waiver. The Authority may waive any siting standard set forth in Section 247-6.1 where the Applicant demonstrates that strict enforcement of said

Standard: i. Will prohibit or have the effect of prohibiting any interstate or intrastate telecommunications service pursuant to 47 U.S.C.

253(a); or ii. Will prohibit or have the effect of prohibiting personal wireless service pursuant to 47 U.S.C. 332(c)(7)(B)(i)(11); or iii. Will violate any requirement set forth by the Federal Communications Commission Order entitled “Accelerating

Wireless Broadband Deployment by Removing Barriers to Infrastructure Investment; Accelerating Wireline Broadband Deployment by the Removal of Barrier to Infrastructure Investment.” WT Docket No. 17-79; WC Docket No. 170-84.

8. The Authority shall advise the Applicant in writing of its final decision. Section 3. If any section or provision of this Ordinance shall be held invalid in any court of competent jurisdiction, the same shall not affect the other sections or provisions of this Ordinance, except so far as the section or provision so declared invalid

shall be inseparable from the remainder of any portion thereof. Section 4. All ordinances or parts of ordinance inconsistent with this Ordinance are hereby repealed to the extent of such inconsistency. Section 5. This Ordinance shall take effect upon final adoption and publication in accordance with Law.

17

15

____________________________________ Judah Zeigler, Mayor ATTEST: _____________________________ Anne Dodd Borough Clerk

18

BOROUGH OF LEONIA BERGEN COUNTY, NEW JERSEY

ORDINANCE #2021-05

CALENDAR YEAR 2021 ORDINANCE TO EXCEED

THE MUNICIPAL BUDGET COST OF LIVING ALLOWANCE AND TO ESTABLISH A CAP BANK

(N.J.S.A. 40A-4-45.14) WHEREAS, the Local Government Cap Law, N.J.S. 40A:4-45.1 et seq., provides that in the preparation of its annual budget, a municipality shall limit any increase in said budget to 1.0% unless authorized by ordinance to increase it to 3.5% over the previous year’s final appropriations, subject to certain exceptions; and, WHEREAS, N.J.S.A. 40A:4-45.15a provides that a municipality may, when authorized by ordinance, appropriate the difference between the amount of its actual final appropriation and the 3.5% percentage rate as an exception to its final appropriations in either of the next two succeeding years; and, WHEREAS, the Borough Council of the Borough of Leonia in the County of Bergen finds its advisable and necessary to increase its CY 2021 budget by up to 3.5% over the previous year’s final appropriations, in the interest of promoting the health, safety and welfare of the citizens; and, WHEREAS, the Borough Council hereby determines that a 2.5% increase in the budget of said year, amounting to $291,590 in excess of the increase in final appropriations otherwise permitted by the Local Government Cap Law, is advisable and necessary; and, WHEREAS, the Borough Council hereby determines that any amount authorized hereinabove that is not appropriated as part of the final budget shall be retained as an exception to final appropriation in either of the next two succeeding years. NOW, THEREFORE BE IT ORDAINED, by the Borough Council of the Borough of Leonia, in the County of Bergen, a majority of the full authorized membership of this governing body affirmatively concurring, that, in the CY 2021 budget year, the final appropriations of the Borough of Leonia shall, in accordance with this ordinance and N.J.S.A. 40A:4-45.14, be increased by 2.5%, amounting to $291,590, and that the CY 2021 municipal budget for the Borough of Leonia be approved and adopted in accordance with this ordinance; and, BE IT FURTHER ORDAINED, that any amount authorized hereinabove that is not appropriated as part of the final budget shall be retained as an exception to final appropriation in either of the next two succeeding years; and, BE IT FURTHER ORDAINED, that a certified copy of this ordinance as introduced be filed with the Director of the Division of Local Government Services within 5 days of introduction; and, BE IT FURTHER ORDAINED, that a certified copy of this ordinance upon adoption, with the recorded vote included thereon, be filed with said Director within 5 days after such adoption.

19


Date: April 5, 2021 RESOLUTION NO. 2021-115

RESOLUTION OF THE BOROUGH OF LEONIA TO ANTICIPATE MUNCIPAL COURT

REVENUES IN THE 2021 CURRENT FUND BUDGET USING THE THREE-YEAR AVERAGE OF REALIZED REVENUES FROM THE PRIOR THREE YEARS

WHEREAS, the COVID 19 pandemic had an adverse effect on the anticipated municipal revenues in the 2020 municipal current and utility fund budgets; and

WHEREAS, Section 1 of P.L. 2020, c.74 amended N.J.S.A 40A:4-26 authorized the Director of the Division of Local Government Services (“Division”) to promulgate new standards for the anticipation of COVID-19 affected revenues in the FY2021 budget, and, if necessary, in future years and

WHEREAS, for FY 2021, the Director authorizes the use of a three-year average for the calculation of affected revenues; and

WHEREAS, the Chief Financial Officer of the Borough of Leonia, certifies that the following revenues were affected in 2020 by the COVID 19 pandemic and that an amount up to the 3 year average of the amounts realized in 2018-2020 be anticipated in the introduced budget for 2021;

Revenue Category

2018 2019 2020 Average

Municipal Court 224,743 207,680 91,779 174,734

NOW, THEREFORE BE IT RESOLVED by the Borough Council of the Borough of Leonia in the County of Bergen, State of New Jersey that the above referenced revenues be anticipated using the 3 year average as permitted by the amendments to 40A: 4-26, adopted by the P.L. 2020, c. 74.

I hereby certify that the above resolution was duly adopted by the Mayor and Council of the Borough of Leonia at a meeting of said Borough Council on April 5, 2021.

___________________________ Anne Dodd, RMC

Borough Clerk

Council Motion Second Yes No Abstain Absent Terrell Davis Flaim Fusco Grandelis Ziegler Mayor Zeigler - - - - - -

20



RESOLUTION OF THE BOROUGH OF LEONIA TO ANTICIPATE MISCELLANEOUS

REVENUES IN THE 2021 SWIMMING POOL UTILITY BUDGET USING THE THREE-YEAR AVERAGE OF REALIZED REVENUES FROM THE PRIOR THREE YEARS

WHEREAS, the COVID 19 pandemic had an adverse effect on the anticipated municipal revenues in the 2020 municipal current and utility fund budgets; and WHEREAS, Section 1 of P.L. 2020, c.74 amended N.J.S.A 40A:4-26 authorized the Director of the Division of Local Government Services (“Division”) to promulgate new standards for the anticipation of COVID-19 affected revenues in the FY2021 budget, and, if necessary, in future years; and WHEREAS, for FY 2021, the Director authorizes the use of a three-year average for the calculation of affected revenues; and WHEREAS, the Chief Financial Officer of the Borough of Leonia, certifies that the following revenues were affected in 2020 by the COVID 19 pandemic and that an amount up to the 3 year average of the amounts realized in 2018-2020 be anticipated in the introduced budget for 2021; Revenue Category 2018 2019 2020 Average

Swimming Pool Receipts

273,708 290,567 148,955 237,743

NOW, THEREFORE BE IT RESOLVED by the Borough Council of the Borough of Leonia in the County of Bergen, State of New Jersey that the above referenced revenues be anticipated using the 3 year average as permitted by the amendments to 40A: 4-26, adopted by the P.L. 2020, c. 74.


___________________________ Anne Dodd, RMC

Borough Clerk


21



BE IT RESOLVED that the following statement of revenues and appropriations attached hereby constitutes the local Budget of the Borough of Leonia, Bergen County, New Jersey for the year 2021. BE IT FURTHER RESOLVED, that the said budget is to be published in the Record in the issue of April 9, 2021 and that a hearing on the Budget will be held at Leonia Borough Hall virtually via GoToMeeting on May 3, 2021 at 7:30 PM or as soon thereafter as the matter may be reached.


___________________________ Anne Dodd, RMC

Borough Clerk


22



BILL LIST

BE IT RESOLVED, that the Mayor and Council hereby authorize the Treasurer to pay the following claims and charge the 2021 Adopted Budget and/or the 2020 Budget Reserves

Current Fund 01 325,243.32 Capital 04 488,111.91

Developers Escrow 13 10,075.70

$ 823,430.93


___________________________ Anne Dodd, RMC

Borough Clerk


95

Printed: 04/01/21 12:04:21 PM

CURRENT FT'ND

Po + PO Date Check # Vendor lnvoice Amount

2002672022142r006021 015 5

21021 3

2703352103382r03522703562103602L036721036521038021038827043s2104382704422104662L0 41 3

2r04'7 6

21_0411

21_0419

2L0499210504210517210 518

2L05r92L052027052527052627Q528

210s30270546270548210552210 5 53

270554210555270556210557210558210 55 9

210560270s6621056827056921051 0

21051 r210585210589

02/78/2012/1r/2001/24/2707/28/2702/22/2r02126/2703/0r/2r03/08/2703/08/2703/08/21.03/08/2r03/08/2r03/08/2103/08/2103/08/2r03/08/2103/08/2L03/09/2703/70/2703/70/2r03/10/2703/10/2703/16/2703/r1 /2r03/22/2703/23/2703/23/2r03/23/2r03/24/2L03/24/2703/24/2703/24/2L03/25/2703/25/2703/1,5/2r03/21/2r03/2L/2r03/31/2103/22/2703/73/2r03/73/2r03/13/2703/75/2703/25/2r03/26/2L03/26/2r03/26/2703/26/2703/29/2703/29/21

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

1554990

0

0

0

0

0

0

0

0

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1555740

0

0

0

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0

0

0

0

0

0

250.001 51 .00750.00

r ,3'15 . 69

2s0.00438.4030s.00303.19458 .41400.004t 6 .00

1,654.801,059.75

305.00385.00383.90

1, 375 . 00

36 .961,554.18

343 .93163.00

1A AA

576 .405? 5q

,to oo

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1/150.61r | 209 .00

38. 91

140.068,800.00

280.00300.07

11,611.857 ,529 .56

218.0030 .94

3,250.003,825.00

358.40r,043 -20

243 .32726 .00

14,385 .415 ,292 .00

466 .96703. s5

486 .86752 .75150.00

COSTA ENGINEERING CORP PB MEETING ATTENDANCE

TURN OUT UNIFORMS Chlef/Detective Badges

DOWNES TREE SERVICE, INC. ACRT CERT]FICATION

STAPLES ADVANTAGE Supplies for various depts '

PASSAIC COUNTY POLICE Methods of lnstr.V.E. RALPH & SON, INC. AED SMART PADS

R & J CONTROL INC. GENERATOR MA]NTENANCE

BOBCAT OF NORTH JERSEY O]L/FUEL FILTER

FOLEY INCORPORATED VEH]CLE EQUIPMENT

MARC C. SAPERSTEIN JUDICIAL SERVICES

MUNICIPAL RECORD SERV]CE TRAFFTC BOOKS/TICKETS

VAN DINE'S 8 FT MOLD BOARD

COOPER ELECTRIC SUPPLY ELECTRICAL SUPPL]ES

ALPHA-T'S, fNC. Uniform Tops/Jackets BldgGATES FLAG & BANNER CO. AMERICAN FLAGS

UNITED RENTALS 19' ELECTRIC SCISSOR LIFT

PAGNOZZI PLUMB]NG & HEATING HOT WATER HEATER/ANNEX

P & G AUTO ]NC. AUTO SUPPLIES

P & G AUTO INC. Brakes/steering Veh 913

P & c AUTO INC. Batteries/BrakesP & G AUTO INC. Front SusPensionP & c AUTO INC. Bushing 908

V.E. RALPH & SON, TNC. RECREATION SMART PADS

STAPLES ADVANTAGE Offiee suppliesSTAPLES ADVANTAGE Admin-PrinterHEMMER, LYNN Reimbursement for ExcelCHARGEPO]NT, INC, CHARGING STATION LPD

TUM]NO'S TOWING ENG]NE 2 TOWING

THE HOME DEPOT BLDS/GROUNDS SUPPLIES

AUTOMOT]VE BRAKE COMPANY AUTO SUPPLIES

PENNONI ASSOCIATES INC. Hillside Ave SignalLOG ME IN USA, INC. Gotoweblnar svce

BEYER BROS. CORP FRETGHTLINER INSPEC.

RACHLES/MICHELE'S O]L CO. GASOLINE/DIESEL

VERIZON LPD ANALOG PHONE SIGNAL

ClT LPD COP]ER LEASE

PUBL]C SERVICE ELECTRIC & FORT LEE RD,/PARK DR N TS

MILLENNIUM STRATEGIES MAR 2021 GRANT WRTTfNG

WFG LENDER SERVICES TAX OVERPAYMENT B8O2/L3

CANON FINANCTAL SERVTCES, COPIER LEASE

VERIZON W]RELESS LPD AIR CARDS

SUEZ WATER NEW JERSEY WATER SERV]CE

CIT * DPW DPW COPIER LEASE

SUITEBRIAR INC. G Suite Business PlusPENNONI ASSOCIATES INC. Engineering Svcs

STAPLES ADVANTAGE Suppli-es for various depts.STAPLES ADVANTAGE Copy paper for RecreatlonSTAPLES ADVANTAGE Supplies/Printer for admin.CINTAS JANITOR]AL SUPPL]ES

BERGEN COUNTY PUBLIC WORKS DPW ASSOCIAT]ON DUES

96

CURRENT FT'ND

Po # Po Dat.e check # vendor Invoice Amount

270603 03/29/2r210605 03/29/2r210608 03/29/21270609 03/29/27210611 03/29/27210672 03 / 29 / 23.

2L06r5 03/29/212706r't 03 / 29 / 2r270621 03/30/2r210622 03/30/27210623 03/30121210624 03/30/27270626 03/30/27210621 03/30/27

10063400 03/25/2110063s00 03/25/2r

Total Fund

O SAN]TATION EQUIPMENT CORP

O T. RASMUSSEN/IUTT,i-NN

O RACHLES/M]CHELE'S OTL CO.

O DAVID HAENELT

O DEPT. OF TREASURY

O ACT]ON DATA SERV]CES

O COSTELLOI JESSE

O VINCENT SIGNS & LETTERING

O THE HOME DEPOT

O ACT]ON DATA SERVICES

O T]ME WARNER CABLE -O CIT _ FINANCE

O NJAFM

O DRAGER, INC

100634 PAYROLL ACCOUNT

100635 PAYROLL ACCOUNT

01 CURRENT FT'ND

TUBE/CABLE

REPAIR BORO HALL STATRWAY

DIESEL

REIMB. PRINTER DRUM

5 DPW VEHICLE DECALS

PAYROLL CHARGES O3L22O2L

PESTICIDE TRAINING CERT.

HOOK LIFT LETTERING

PADLOCKI INFLATOR/ DI S INFECTA

1095 C

]NTERNET SVCE BORO HALL

FINANCE COPIER LEASE

MEMBERSH]P-A. WARDROP

FREIGHT

0326202f payroll #7

0326202T PAYROLL 7 S. S.

325,243.32

2,

11,

L89.11250.00554 - 62

11 9 .72934.00a)1 tr1

145.00375.001AE tr11aJ. Jr

949.0072t .97104.0530.001b . JU

004 .49736 .32

1l2,

97

CAPITAL FT'ND

Po # Po Date Check # vendor Invoice Amount

21052'7 03/24/2r270529 03/24/2r21.0532 03 / 24 / 27

270561 03/25/2121.0562 03/25/212r0s63 03/25/21210564 03/25/2r210565 03/25/2727056't 03 / 26 / 2r

20004100 03/24/2rTotal Fund

O PENNONI ASSOCIATES INC.O PENNONI ASSOCIATES INC.

O PENNONI ASSOCIATES ]NC.O STAN I S SPORT CENTER

O STAN'S SPORT CENTER

O STAN'S SPORT CENTER

O PYT SPORTS, INC.O STAN'S SPORT CENTER

O COOPER ELECTR]C SUPPLY

2OOO4'] CURRENT ACCOUNT

04 CAPITAL FI'ND

Ret.aining wallRec.Ctr Cond. AssessmentNew municipal buildingKwik Goal 30' portablePitching Mats- Turf FieldSoft Touch TPR TurfStandard Fence Guard 84'Turf Fiefd-Home Plate/basesEfectricaf-Turf FlefdAS PER AFS INTERFUND

488,111.91

12,7,

Ll

T,

7,468,

544350

11r295t10

208616

558

221

311

.50

.00

.00

.00

.50on

.00

.20

.11

.00

98

DE\ZELOPERS ESCROW

Po # Po Date Check # Vendor Involce Amount

200262 02/1.8/20270207 02/05/27270409 03/08/2721,04rr 03/08/21.210412 03/08/272r04r3 03/08/27270414 03/08/27270429 03/08/2r270437 03/08/2r27Q536 03/25/27270531 03/25/27270607 03/29/27210502 03/29/27

Total Fund

O COSTA ENGINEERING CORP

O ERICKSONI SHAWN

O STONEF]ELD

O COSTA ENGINEER]NG CORP




O LIUI JOSEPH

O BERGEN IMPLANT

O CORT, SUSANNA

O CORT, SUSANNA

O PENNONI ASSOCIATES TNC.

O PENNON] ASSOC]ATES ]NC.

13 DEVELOPERS ESCROW

PROFESSIONAL SVCES

Escrow Release 213 Van

PB - KULITE * SCHOR/WILLOW

PB Meet.inql Fil-ePB MEETING/REVIEW LETTER

PB MEETING/SVCS RENDERED

SITE VISIT 275 BROAD AVE

ESCROW RELEASE _ JOSEPH LIUESCROW RELEASE BERGEN

Escrow Refease - SusannaESCROW RELEASE _ SUSANNA

Soil Moving Review - 402

Review Soil Permit.-l3310,075.70

823 , 430 .93

340

1,000400

500

700

3,500200

800

65s

150

750

490

490

.00

.00

.00

.00

.00

.00

.00

.00

.70

.00

.00

.00

.00

TotaL All Funds

99



WHEREAS, the Borough of Leonia and T-Mobile Northeast, LLC, (T-

Mobile) previously executed a Lease Agreement (the Lease), pursuant to which property was leased from the Borough located at 1 Borough Place, Leonia, New Jersey and being described as a portion of the property known as Block 805 Lot 13 (the property) for the upgrade of the municipal telecommunications tower and installation of wireless telecommunications antennas and related support facilities; and

WHEREAS, T-Mobile seeks to remove existing equipment and install

new T-Mobile equipment as more specifically referenced in the construction drawings that were submitted on February 12, 2021; and

WHEREAS, T-Mobile seeks the Borough’s consent under the terms and conditions of the Lease.

NOW, THEREFORE, BE IT RESOLVED, by the Governing Body that it does hereby consent to the foregoing modification and the Mayor is hereby authorized to execute a consent letter for modification subject, however, to the following conditions:

1. T-Mobile shall make application for appropriate building permits and shall pay all fees in connection with those permits;

2. T-Mobile shall comply with any and all land use requirements and pay any fees associated therewith;

3. T-Mobile shall provide for a professional escrow deposit, if required, for review of its application in accordance with law;

4. T-Mobile shall not conduct any work that could potentially void the Borough’s warranty from the work manufacturer, and if damage occurs, it shall be the responsibility of the applicant at its sole expense.


___________________________ Anne Dodd, RMC


100



Borough Clerk

101



BE IT RESOLVED, that the Mayor and Council of the Borough of Leonia wish

to enter into a Bergen County Trust Fund Project Contract (“Contract”) with the County of Bergen for the purpose of using a $82,943.00 matching grant award from the 2020 Funding Round of the Bergen County Open Space, Recreation, Floodplain Protection, Farmland & Historic Preservation Trust Fund (“Trust Fund”) for the municipal park project entitled Leonia High School Turf Field: Installation of Field Lighting, located in Leonia High School, 100 Christie Street, on the tax maps of the Borough of Leonia; and

BE IT FURTHER RESOLVED, that the Mayor and Council hereby authorize

Mayor Zeigler to be a signatory to the aforesaid Contract; and BE IT FURTHER RESOLVED, that the Mayor and Council hereby acknowledge

that, in general, the use of this Trust Fund grant towards this approved park project must be completed by or about February 16, 2023; and

BE IT FURTHER RESOLVED, that the Mayor and Council acknowledge that

the grant will be disbursed to the municipality as a reimbursement upon submittal of certified Trust Fund payment and project completion documents and municipal vouchers, invoices, proofs of payment, and other such documents as may be required by the County in accordance with the Trust Fund’s requirements; and

BE IT FURTHER RESOLVED, that the Mayor and Council of the Borough of

Leonia acknowledge that the grant disbursement to the municipality will be equivalent to fifty (50) percent of the eligible construction costs incurred (not to exceed total grant award) applied towards only the approved park improvements identified in the aforesaid Contract in accordance with the Trust Fund’s requirements. Professional Services Costs may be reimbursed from grant award’s unexpended balance, should there be a balance.


___________________________ Anne Dodd, RMC

Borough Clerk


102



WHEREAS, the Borough of Leonia desired to acquire the property located at 245 Fort Lee Road, also known as Block 805, Lot 26 presently owned by Shin W. Jung a/k/a Sam W. Jung and Hyunhee Kim Jun a/k/a Emily Jung; and

WHEREAS, the Mayor and Council of the Borough of Leonia instituted a condemnation action against the owners of the property in the Superior Court of New Jersey, Bergen County entitled Leonia v. Jung, et al, bearing Docket No. BER-L-005216-20; and

WHEREAS, the Borough and the Jungs have negotiated an amicable settlement which will result in the property being conveyed to the Borough; and

WHEREAS, in order to set forth the responsibilities of each of the parties, the Borough and the Jungs wish to enter into a Settlement Agreement; and

WHEREAS, the Mayor and Council believe it is in the best interests of the citizens of the Borough to resolve this matter by settlement and to execute the Settlement Agreement reviewed and approved by the Borough Attorney.

NOW THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Leonia as follows:

1. The Mayor and Borough Clerk are authorized to execute the Settlement Agreement between the Borough of Leonia and Shin W. Jung a/k/a Sam W. Jung and Hyunhee Kim Jung a/k/a Emily Jung.

2. The Borough Attorney is hereby authorized to take all necessary steps to implement the Settlement Agreement.

3. The Mayor and Borough Clerk are authorized to execute any documents necessary in order to effectuate said purchase of the property.

4. Certified copies of this Resolution shall be provided to the following:

i. Chief Financial Officer of the Borough of Leonia;


103



ii. Michael S. Goodman, Esq., attorney for Shin W. Jung a/k/a Sam

W. Jung and Hyunhee Kim Jung a/k/a Emily Jung; and

iii. Brian M. Chewcaskie, Esq., Borough Attorney.

BE IT FURTHER RESOLVED that the Borough Clerk is directed to maintain a copy of this Resolution in her office for public inspection.


___________________________ Anne Dodd, RMC

Borough Clerk

104



WHEREAS, the County of Bergen maintains and controls approximately 450 miles of County roads; and WHEREAS, the New Jersey Department of Transportation (NJDOT), the Federal Highway Administration (FHWA), the Americans with Disabilities Act Accessibility Guidelines (ADAAG), and Public Right-of-Way Accessibility Guidelines (PROWAG) mandate that public sidewalks at intersections provide, at a minimum: depressed curb cuts, detectable warning surfaces and a landing area at all crosswalk locations as designated by the County Engineer or his designee; and WHEREAS, public sidewalks, including handicap ramps, are a municipal responsibility in as much as the County's road responsibility is limited to improved road areas from curb face to curb face as set forth in N.J.S.A. 27:16-8; and WHEREAS, the County seeks to assist municipalities with their obligation to comply with NJDOT and Federal ADA regulations on County roadways by dedicating a portion of the County's New Jersey Department of Transportation, Bureau of Local Aid funds for the design and inspection of ADA improvements, as designated by the County Engineer or his designee, on County roads; and WHEREAS, the Uniform Shared Services and Consolidation Act (N.J.S.A. 40A:65-l et seq.) promotes the broad use of shared services to reduce local expenses funded by property tax payers; and

WHEREAS, the County and the seventy municipalities within Bergen County are "local units" under N.J.S.A 40:65-4(a)(l ), authorized to enter into shared services agreements pursuant to the Uniform Shared Services Act and Consolidation Act, N.J.S.A. 40A:65- l et seq..; and


105



WHEREAS, County Counsel has prepared a form of agreement for execution between the County of Bergen and each municipality in which the County will carry out its ADA Curb Ramp program, a copy of which is annexed hereto. NOW THEREFORE BE IT RESOLVED, by the Mayor and Council of the Borough of Leonia, upon the recommendation of the DPW Committee, as follows:

1. The recitals set forth above are hereby incorporated into the body of this resolution as if set forth at length herein.

2. The Mayor and Council hereby approve and authorize the

execution of a shared services agreement between the County and the Borough of Leonia in which the County will be performing ADA Ramp construction, in substantially the form annexed hereto.

3. The Mayor and Borough Clerk are hereby authorized to execute a

shared services agreement with the County in the form annexed hereto.


___________________________ Anne Dodd, RMC

Borough Clerk

106

COUNTY OF BERGEN

DEPARTMENT OF PUBLIC WORKS

OPERATIONS DIVISION

220 E. Ridgewood Avenue, Suite 205, Paramus, NJ 07652

Phone: (201) 336-7675 ~ Fax: (201) 336-7684

James J. Tedesco, III Thomas Connolly

County Executive County Road Supervisor

March 3, 2021

Re: ADA Cooperative Curb Ramp Grant Program; Resolution No.98-20

Shared Services Agreement for County Road Resurfacing Program; Resolution No.70-20

Dear Administrator and DPW Superintendent:

Attached please find the ADA Cooperative Curb Ramp Grant Program Agreement along with Resolution

No.98-20 and the Shared Services Agreement for County Road Resurfacing Program along with

Resolution No.70-20. These documents must be signed and returned before the county can proceed with

any scheduled work moving forward on the resurfacing of the county roads in your municipality.

Please print and sign the agreements in the designated areas. Return 4 copies with original signatures

and seals to this office, Attention: Tom Connolly. Also, please provide 4 copies with original

signatures of your governing body’s authorizing resolution for each agreement. These attached

agreements are to supersede the previous agreements that we have on file.

Municipalities will no longer be contracting for ADA ramp construction. In order to streamline the

process, the county will contract for the construction of municipal ADA ramps along county roads that

require compliance before resurfacing. Other municipal responsibilities remain unchanged.

Once the agreements are signed by the County Executive, an original agreement for each will be sent back

to the municipality for your files. If you have any questions, please call me at (201) 336-7676 or Liza

Schoen at (201) 336-6803.

Sincerely,

Thomas Connolly

cc: Will Brown, Esq.

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ADA COOPERATIVE CURB RAMP GRANT PROGRAM

THIS AGREEMENT made on ________________, 2021 between the:

COUNTY OF BERGEN, a body politic and corporate of the State of New

Jersey, with administrative offices at One Bergen County Plaza, Room 580,

Hackensack, New Jersey 07601-7076, hereinafter referred to as the "County"

And the ________________________________a municipal corporation of the

STATE OF NEW JERSEY, herein referred to as the "MUNICIPALITY."

WITNESSETH

WHEREAS, the County of Bergen ("County") is a body politic and corporate of the

State of New Jersey with jurisdiction, pursuant to N.J.S.A. 27: 16-1, over County Roads; and

WHEREAS, ______________________________ ("Municipality") is a Municipal

Corporation of the State of New Jersey; and

WHEREAS, the New Jersey Department of Transportation (NJDOT), the Federal

Highway Administration (FHWA), the Americans with Disabilities Act Accessibility Guidelines

(ADAAG), and Public Right-of-Way Accessibility Guidelines (PROWAG) mandate that public

sidewalks at intersections provide, at a minimum: depressed curb cuts, detectable warning

surfaces and a landing area at all crosswalk locations as designated by the County Engineer or

his designee; and

WHEREAS, public sidewalks, including handicap ramps, are a municipal responsibility

in as much as the County's road responsibility is limited to improved road areas from curb face

to curb face as set forth in

N.J.S.A. 27:16-8; and

WHEREAS, the Uniform Shared Services and Consolidation Act (N.J.S.A. 40A:65-1 et.

seq) promotes the broad use of shared services to reduce local expenses funded by property tax payers; and

WHEREAS, the County seeks to assist municipalities with their obligation to comply

with NJDOT and Federal ADA regulations on County roadways by using County funds for

the design and dedicating a portion of the County's New Jersey Department of Transportation,

Bureau of Local Aid funds for the inspection of ADA improvements, as designated by the

County Engineer or his designee, on County roads; and

WHEREAS, ADA Curb Ramp d e s i g n work shall not commence until the County

Engineer, subject to budget considerations, authorizes the work recommended by the municipal

engineer; and

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WHEREAS, the County will, upon proper verification and pre-construction

authorization by the County Engineer, reimburse the municipality for the design and inspection

costs in connection with the county wide ADA Cooperative Curb Ramp contract provided

that participating municipalities are responsible for all costs outside the scope of work; and

WHEREAS, municipal budget requirements mandate the confirmation that funds are

available to perform the work pursuant to a grant agreement; and

NOW THEREFORE BE IT RESOLVED, that in consideration of the premises, and

of the covenants, terms, and conditions hereinafter set forth County of Bergen will assist

municipalities in meeting ADA Curb Ramp requirements a t intersections on County roads.

BE IT FURTHER RESOLVED, that the County's Cooperative funding assistance

is conditioned upon the following:

1. ADA COOPERATIVE CURB RAMP GRANT PROGRAM

A. Funding. The County, through a countywide ADA Cooperative Curb Ramp Grant

Program, will make NJDOT Bureau of Local Aid funds and/or County funds available to

municipalities, on a reimbursement basis as authorized by the County Engineer or his designee,

for the engineering design and inspection work related to the construction of ADA improvements

at crosswalk locations.

B. Construction. The County will enter into a Curb Ramp Construction Contract with

the successful bidder(s) of the County's ADA Cooperative Curb Ramp Construction bid.

C. County Engineer's Approval. Municipal Engineering design work shall not

commence until the County Engineer, subject to budget considerations, authorizes said work.

2. REIMBURSEMENT SCHEDULE

The County will, upon proper verification and pre-work authorization by the County

Engineer, reimburse the municipality for approved engineering costs, in two payments.

A. Initial Reimbursement. The County shall provide the municipality with fifty percent

of the estimated design funds, at the rates set forth herein, to design ADA compliant

improvements provided that municipality seeks and receives pre-authorization from the

County Engineer.

B. Final Reimbursement. Upon receipt of its municipal engineer’s certification that the

completed design work meets ADA compliance or received a “technical infeasibility”

waiver approved by the County Engineer, the Bergen County Department of Public Works

will reimburse the participating municipality for the balance of the funds based on the

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approved scope of work.

C. Inspection Costs. Reimbursable costs shall include construction inspection costs not to

exceed ten (10%) percent of the as-built construction costs.

3. REIMBURSEMENT RATES, upon authorization from the County Engineer, the

municipality will be reimbursed as follows:

A. Four (4) Corner Intersections. A flat fee of $450 for four (4) corner intersections for:

(1) A walk through and completion of Curb Ramp Assessment Forms and designation of

the type of ADA compliant ramp for each corner.

(2) A walk through with the County Engineer or designee to confirm and/or revise the

Curb Ramp Assessment Forms and ramp type designation.

(3) A walk through with the County Engineer of designee and the County Curb Ramp

Construction Contractor to direct the contractor to construct improvements in

accordance with Curb Ramp Assessment and ramp type designation.

(4) Preparation and submission of a technical infeasibility waiver if required.

(5) Engineer’s design compliance certification in County form.

B. “T” intersections. A flat fee of $300 for a “T” intersection:





(3) A walk through with the County Engineer or designee and the County Curb Ramp





C. Raised Islands & Mid-Block Crossings. A flat fee of $200 for a raised island or mid-

block crossing for:





(3) A walk through with the County Engineer or designee and the County Curb Ramp





D. Full Engineering Design. A fee up to $1,000 for full engineering design for one corner of

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an intersection or up to $2,400 for full engineering design for four corners (as approved

by the County Engineer) for steep slope or extraordinary situations. Full engineering

services include:

(1) Design Plans.

(2) As-built design drawings.

(3) Documented waivers, approved by the County Engineer, for “technical infeasibility”

waiver(s) pertaining to any portion of the work that is not fully compliant with ADA

requirements.


4. ADA STANDARDS AND PERFORMANCE

A. Compliance. All construction work shall be one hundred (100%) compliant with

ADA regulations. If construction compliance is not possible in accordance with ADA

regulations, then the municipal engineer will substantiate and document grounds for a waiver

based upon "technical infeasibility". Waivers are not valid unless approved by the County

Engineer.

B. Compliance Issues. If during construction it becomes impossible to comply with the

design work and/or it is discovered that the design work is inaccurate then, in that event, the

municipal engineer's inspector shall: (1) immediately suspend construction; (2) notify the County

Engineer; (3) the municipal engineer shall redesign the work, at no extra expense, to obtain

full compliance or document waiver(s) based upon "technical infeasibility"; and obtain the

County Engineer's authorization to proceed.

C. County Traffic Signal. I f t h e construction of ADA improvements appears to

require the removal and/or relocation of a County traffic signal structure or device, the Municipal

Engineer shall contact the County Engineer and advise him of the potential conflict. The County

Engineer shall review the conflict and determine an appropriate course of action which may

include the redesign of ADA improvements, removal and/or relocation of the traffic signal

structure or device at the County's expense, or the issuance of a technical infeasibility waiver.

D. Utilities. If the construction ADA improvements appears to require the removal

and/or relocation of a non-municipal utility structure or device, the Municipal Engineer shall

contact the County Engineer and advise him of the potential conflict. The County Engineer shall

review the conflict and determine an appropriate course of action which may include the

redesign of ADA improvements, removal and/or relocation of the utility structure or device at

the utility company's expense, or the issuance of a technical infeasibility waiver. In the event

that a non-municipal utility refuses to relocate its structures, at its sole cost and expense, the

expense of compelling same shall be assumed by the County.

E. Municipal Utilities. If the construction of ADA improvements appears to require the

removal and/or relocation of a municipal traffic signal structure or device or municipal utility or

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other structure, the Municipal Engineer shall contact the County Engineer, the Municipality

and/or Municipal Utility and advise them of the potential conflict. The County Engineer shall

review the conflict and determine an appropriate course of action which may include the

redesign of ADA improvements, removal and/or relocation of the traffic signal structure or

device or municipal utility or other structure, at the Municipality or Municipal Authority's

expense, or the issuance of a technical infeasibility waiver.

F. Restriping. After resurfacing, the County will re-stripe the roadways. As a courtesy,

the County will install thermoplastic traffic markings and symbols at municipal intersections with traffic signals, and will replace crosswalk markings where requested only if the crosswalks terminate at handicapped ramps that meet ADA regulations. Once installed, the maintenance of these markings and symbols will be the municipality's responsibility unless the intersection is

under County jurisdiction. If the Municipality plans a streetscape project, the County only

allows using stamped or imprinted crosswalks and that these crosswalks be completed after the

roadway is resurfaced. Crosswalks made from materials such as pavers or other types of blocks

and headers, or very thick layers of extruded thermoplastic materials, are not recommended.

Should the municipality install crosswalks of this type, then it will be the municipality's

responsibility to maintain them at all times.

G. Road Opening Permits. Upon completion of road resurfacing, the County's Road

Opening Permit policy and fees shall apply to future road openings.

H. Upgrades. If a municipality desires to upgrade the ADA Cooperative Specifications

beyond NJDOT standards for materials and/or to expand the scope of the work beyond the limits

authorized by the County Engineer, then municipality shall be responsible for the increase in

costs. For example, if the municipality chooses to install stamped crosswalks, the municipality

shall pay the difference between NJDOT standards and the municipality's standards.

5. MUNICIPAL RESPONSIBILITIES

In connection with the work set forth herein, each municipality shall be responsible for the following:

A. Traffic Control

(1) NJDOT. NJDOT rules require that the contractor set up and maintain a proper and

safe work zone with properly trained flagmen at each work location. The use of

NJDOT funds to pay for uniformed police protection is not permitted. Additionally,

the County does not provide another source of funding for police protection since the

contractor is already required to maintain a safe work zone in accordance with the

Manual for Uniform Traffic Control Devices. If the Municipality desires the use of

local police for additional protection, over and above the contractor's responsibilities,

the municipality will be solely responsible for the cost of local police protection.

(2) Chief of Police Determination. The Municipality will provide uniformed

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police officers, at the municipality's sole expense, for the maintenance and

protection of traffic in connection with the ADA improvements when the

Chief of Police deems their presence necessary.

(3) Required Police. If an intersection cannot be fully closed to traffic during the

following construction phases then Municipality will provide uniformed police

officers, at the municipality's sole expense; installation of underground traffic signal

conduit in the intersection; installation of underground storm water drainage systems

in the intersection; installation of new overhead traffic signal hardware or removal of

existing traffic signal hardware; and signal "tum-on".

B. Waiver of Municipal Permits and Fees. The Municipality and/or its Municipal Utility

shall waive all permits and fees.

C. Ownership, Maintenance and Continued Compliance. The Municipality expressly

acknowledges ownership and control of the completed ADA improvements, agrees to maintain

all ADA improvements in compliance and/or to require property owners to maintain the ADA

improvements and keep same in compliance as part of the property owner's sidewalk maintenance

obligations.

D. Municipal Structures. The Municipality and/or its Municipal Utility shall be solely

responsible for the cost of relocating its structures including but not limited to traffic signals or

devices or utility structures or other structures which interfere with ADA improvements and do

not, in the judgment of the County Engineer, qualify for a technical infeasibility waiver.

6. HOLD HARMLESS

The Municipality shall defend, indemnify, protect and save harmless the County of

Bergen and its officers, agents, servants, and employees from and against any and all suits,

claims, demands or damages of any kind or nature, arising out of, or claimed to arise out of,

any act, error or omission of the Municipality, its consultants, contractors, agents, servants and

employees in the performance of the work funded under this agreement, including, but not

limited to, expenditures for investigation, legal defense, settlement and/or judgment. In addition

to the Municipality naming County of Bergen as an Additional Insured on its public liability

insurance policies, the Municipality shall require, in all agreements for professional and non-

professional contract services necessary for the performance and completion of work funded

under this agreement, that Municipality and County of Bergen are named as Additional Insured

on the service providers' public liability insurance policies.

6. MISCELLANEOUS

A. Counterparts and Electronic Delivery and Signatures. This Agreement and any

amendments or addenda hereto, or any other document necessary for the consummation of the

transaction contemplated, administered or controlled by this Agreement (“Agreement

Documents”), may be executed and delivered in any number of counterparts, each of which so

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executed and delivered shall be deemed to be an original and all of which shall constitute one and

the same instrument. Any Agreement Documents, to the extent delivered by means of a facsimile

machine, electronic mail, or other electronic means, shall be treated in all manner and respects as

an original agreement or instrument, and shall be considered to have the same binding legal effect

as if it were the original signed version thereof delivered in person or via mail. The Parties agree

that Agreement Documents may be accepted, executed, or agreed to through the use of an

electronic signature in accordance with the Uniform Electronic Transaction Act, N.J.S.A. 12A:12-

1, et seq. and any associated regulations. Any Agreement Document accepted, executed or agreed

to in conformity with such laws will be binding on all Parties the same as if it were physically

executed, and all Parties hereby consent to the use of any third party electronic capture service

providers as may be chosen by the County.

B. Force Majeure. Neither party shall be liable for any failure or delay in the

performance of its respective obligations hereunder if and to the extent that such delay or

failure is due to a cause or circumstance beyond the reasonable control of such party, including,

without limitation, fire, flood, earthquake, hurricane, tornado, "Acts of God," epidemics, war

(declared or not), riots, disturbances, terrorism, embargos, strikes, lockouts, shutdowns,

slowdowns, or acts of public authority.

C. General. This Agreement shall be construed and enforced in accordance with the

laws of the State of New Jersey, including the New Jersey Tort Claim Act, N.J.S.A. 59: 1-2

et seq., and the New Jersey Contractual Liability Act, N.J.S.A. 59: 13 et seq., without regard

to its conflict of law principles. All disputes arising out of this Agreement shall be resolved

in the Courts of the State of New Jersey.

D. No Waiver. The failure of either party at any time to require performance by the

other party of any provision of this Agreement shall in no way affect the right to require

such performance at any time thereafter, nor shall the waiver by either party of a breach

waive any succeeding breach of such provision or waive the enforcement of the provision itself.

E. No Third Party Beneficiaries. Nothing contained herein shall be construed so as

to create rights in any third party

7. NON-BINDING MEDIATION

A . Rights to Request and Decline. Either party may request Non-Binding Mediation

of any dispute arising under this Agreement, whether technical or otherwise. The non-requesting

party may decline the request in its sole discretion. If there is concurrence that any particular

matter shall be mediated, the provisions of this Section shall apply. The costs of such Non

Binding Mediation shall be divided equally between the County and the Municipality.

B. Procedure. The Mediator shall be a retired Judge of the Superior Court of New Jersey

or other professional mutually acceptable to the County and the Municipality. The Mediator

shall have full discretion as to the conduct of the mediation. Each party shall participate in

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the Mediator's program to resolve the dispute until and unless the parties reach agreement with

respect to the disputed matter or one party determines in its sole discretion that its interests

are not being served by the mediation.

C. Non-Binding Effect. Mediation is intended to assist the County and Municipality in

resolving disputes over the correct interpretation of this Agreement. No Mediator shall be

empowered to render a binding decision.

D. Relation to Judicial Legal Proceedings. Nothing in this Section shall operate to limit,

interfere with or delay the right of either party under this Article to commence judicial

Legal Proceedings upon a breach of this Agreement by the other party, whether in lieu of,

concurrently with, or at the conclusion of any Non-Binding Mediation.

8. ARBITRATION. If the dispute is not mutually resolved through non-binding

mediation, then in that event, the dispute shall be resolved through binding arbitration.

A. Arbitration. Should there arise any disagreement between the County and

Municipality respecting the meaning and intent of this Agreement or performance of any of

its terms or provisions, the County and Municipality agree to settle the same by arbitration,

before a single arbitrator who is a retired New Jersey Superior Court Judge, with such pre-

hearing discovery as may be permitted by the arbitrator. The decision of the arbitrator shall be

final and the Judgment may be entered upon it in accordance with applicable law in any Court

having jurisdiction thereof.

B. Injunctive Relief. Notwithstanding the foregoing, nothing herein shall prevent a party

from seeking injunctive relief in the appropriate division of the Superior Court of New Jersey

in Bergen County. In the event of litigation, each government entity waives whatever rights it

may have to trial by jury in order to prevent irreparable harm from occurring that may arise

from a breach or threatened breach of this Agreement; however, any damage claim that may

be associated therewith shall be exclusively resolved through arbitration in accordance with the

preceding paragraph.

9. DURATION, CANCELLATION & AMENDMENTS

A. Term. The term of this Agreement shall commence immediately upon execution

(as authorized by resolution) by the last (in time) of all parties to this Agreement. This agreement

shall have a term of one year, and shall renew annually until terminated or modified by the parties.

Any rights and responsibilities of the parties under this Agreement that have accrued prior to the

date of termination shall survive such termination.

B. Amendments. This Agreement may be amended from time to time by agreement

of the parties thereto in the same manner as this Agreement was originally authorized and

approved. Amendments to this Agreement shall become effective immediately upon execution

(as authorized by resolution) by the last (in time) of all parties to this Agreement.

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10. ATTACHMENTS

A. Freeholders Resolution 98-20 adopted February 5th, 2020

B. Municipal Resolution ___________ adopted _____________ _____ , 2020

IN WITNESS WHEREOF, the County and Municipality have caused this Agreement

to be signed and their corporate seals to be hereunto affixed, pursuant to duly adopted resolutions

of their governing bodies, passed for that purpose.

WITNESSED COUNTY OF BERGEN

______________________ By: ________________________________

James J. Tedesco, III, County Executive, or

Julien X. Neals, Acting County Administrator

Date: ______________________________

WITNESSED Municipality: ________________________________

______________________ By: ______________________________ Print Name

_______________________________ Signature

Date: _______________________________

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WHEREAS, the County of Bergen maintains and controls approximately 450 miles of County roads; and WHEREAS, maintenance of the County roads requires periodic resurfacing for the benefit of the drivers and residents of Bergen County; and WHEREAS, the County's Department of Public Works performs this resurfacing through periodic Road Resurfacing Projects; and WHEREAS, the County Road Resurfacing Projects require cooperation and coordination between the County and the seventy municipalities in which the County roads are located; and WHEREAS, a formal agreement between the County of Bergen and the seventy municipalities in which the County will undertake road resurfacing activities will serve to memorialize the respective responsibilities of the County and the municipality in connection with a Road Resurfacing Project; and WHEREAS, N.J.S.A. 40A:65-4(a)(l) states, in part, that "[a]ny local unit may enter into an agreement with any other local unit or units to provide, or receive any service that each local unit participating in the agreement is empowered to provide or receive within its own jurisdiction;" and WHEREAS, the County and the seventy municipalities within Bergen County are “local units” under N.J.S.A. 40A:65-4(a)(l), authorized to enter into shared services agreements pursuant to the Uniform Shared Services and Consolidation Act, N.J.S.A. 40A:65-1 et seq.; and WHEREAS, County Counsel has prepared a form of shared services agreement for execution between the County of Bergen and each municipality in which the County will carry out its Road Resurfacing Project, a copy of which is annexed hereto. NOW THEREFORE BE IT RESOLVED, by the Mayor and Council of the Borough of Leonia, upon the recommendation by the DPW Committee, as follows:


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1. The recitals set forth above are hereby incorporated into the body of this resolution as if set forth at length herein.

2. The Mayor and Council hereby approve and authorize the execution of a

shared services agreement between the County and the Borough of Leonia in which the County will be performing a Road Resurfacing Project, in substantially the form annexed hereto.

3. The Mayor and Borough Clerk are hereby authorized to execute a shared

services agreement with the County of Bergen in substantially the form annexed hereto.


___________________________ Anne Dodd, RMC

Borough Clerk

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COUNTY OF BERGEN

DEPARTMENT OF PUBLIC WORKS

OPERATIONS DIVISION

220 E. Ridgewood Avenue, Suite 205, Paramus, NJ 07652

Phone: (201) 336-7675 ~ Fax: (201) 336-7684

James J. Tedesco, III Thomas Connolly

County Executive County Road Supervisor

March 3, 2021

Re: ADA Cooperative Curb Ramp Grant Program; Resolution No.98-20

Shared Services Agreement for County Road Resurfacing Program; Resolution No.70-20

Dear Administrator and DPW Superintendent:

Attached please find the ADA Cooperative Curb Ramp Grant Program Agreement along with Resolution

No.98-20 and the Shared Services Agreement for County Road Resurfacing Program along with

Resolution No.70-20. These documents must be signed and returned before the county can proceed with

any scheduled work moving forward on the resurfacing of the county roads in your municipality.

Please print and sign the agreements in the designated areas. Return 4 copies with original signatures

and seals to this office, Attention: Tom Connolly. Also, please provide 4 copies with original

signatures of your governing body’s authorizing resolution for each agreement. These attached

agreements are to supersede the previous agreements that we have on file.

Municipalities will no longer be contracting for ADA ramp construction. In order to streamline the

process, the county will contract for the construction of municipal ADA ramps along county roads that

require compliance before resurfacing. Other municipal responsibilities remain unchanged.

Once the agreements are signed by the County Executive, an original agreement for each will be sent back

to the municipality for your files. If you have any questions, please call me at (201) 336-7676 or Liza

Schoen at (201) 336-6803.

Sincerely,

Thomas Connolly

cc: Will Brown, Esq.

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SHARED SERVICES AGREEMENT

County Road Resurfacing Program

The County of Bergen (“County”) and __________________ (the “Municipality”) agree to the

following procedures and conditions in connection with the County’s road resurfacing program:

1. Scope and Term. This Agreement shall govern the parties’ rights and responsibilities in

connection with the County’s annual Road Resurfacing Program. This agreement shall

have a term of one year, and shall renew annually until terminated or modified by the

parties. Any rights and responsibilities of the parties under this Agreement that have

accrued prior to the date of termination shall survive such termination.

2. Prerequisites. As a prerequisite to and in consideration of the County’s scheduling of road

resurfacing within the Municipality, the Municipality agrees to:

a. inspect the conditions of all existing ADA compliant curb ramps and crosswalk

locations, make any repairs/replacements before the road is scheduled for

resurfacing;

b. identify any locations at which the Municipality requests the County to install

asphalt berms as described in Section 8 of this Agreement; and

c. inspect all sanitary sewer manholes and frames and either:

i. verify that the manholes and frames are in good condition; or

ii. for any manhole frames that requires replacement, notify the County’s

contractor who will provide the labor, at no cost to the Municipality, to

replace the manhole frame(s) provided that Municipality supplies the

frames a minimum of seven calendar days in advance of the County’s

schedule for the commencement of road milling.

3. Notice. The County shall endeavor to give at least one (1) year’s notice to the Municipality

prior to commencement of road milling so that any repairs, replacements, or other work

required to be performed by the Municipality can be scheduled and completed.

4. ADA Compliance. NJDOT and Federal ADA regulations require compliance with the

Americans with Disabilities Act (ADA) at all altered crosswalk locations along the

resurfaced county roads which have public sidewalks. Municipality is responsible for the

ownership, maintenance, and control of all curb ramps and detectable warning surfaces as

N.J.S.A. 27:16-8 limits the County’s maintenance responsibility to improved road areas

between the curb lines.

5. Funding of ADA Compliance. The County of Bergen has established engineering design

and capital improvement cooperatives for the funding of ADA work. As a prerequisite to

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the County’s scheduling of road resurfacing within the Municipality, the municipality must

first comply with the following:

a. ADA Engineering Grant Program – Freeholder Resolution No. 70-20.

b. The Municipality must execute an ADA Grant Program agreement and the

Municipal Engineer must:

i. identify and quantify the curb ramp locations; and

ii. design and certify the ADA improvements, including ensuring that ramps

are set at the proper grade to prevent pooling of water; and

iii. inspect the ADA improvements and certify compliance with ADA

regulations upon completion of curb ramp construction prior to

reimbursement by the County,

iv. Municipality is responsible for all costs outside the scope of the county curb

ramp construction contract, including any local police protection.

v. Municipality agrees and accepts that after the completion of construction all

ADA ramps are owned, maintained, and controlled by the Municipality.

6. Crosswalks. After resurfacing, the County will restripe the roadways.

a. As a courtesy, the County will install thermoplastic traffic marking lines and

thermoplastic traffic markings symbols across the County road and across the

intersecting municipal road at municipal intersections, and will replace crosswalk

markings only if the crosswalks terminate at curb ramps that comply with ADA

regulations.

b. Once installed, the Municipality is responsible for the maintenance of these

markings and symbols across both the County Road and across the intersecting

municipal road unless the intersection is under County jurisdiction.

c. If the Municipality plans a streetscape project, the County recommends using

stamped or imprinted crosswalks and that these crosswalks be completed after the

roadway is resurfaced. Crosswalks made from raised materials such as pavers or

other types of concrete blocks and headers, or very thick layers of extruded

thermoplastic materials, are not recommended. Should the Municipality install

crosswalks of this type, then it is the Municipality’s responsibility to maintain them

at all times.

7. Intersections with Municipal Roads. Pursuant to N.J.S.A. 27:16-8, the County is only

responsible for maintaining County roads between the curb lines, i.e. from curb face to

curb face. Where no curb exists on a County road, the term curb line refers the edge of

pavement. At intersections, the curb line refers to the imaginary line created by extending

the curb or edge of pavement of the County road across the intersection with the municipal

road. By executing this agreement, the Municipality agrees and acknowledges that the

County does not own, control, maintain, or have any duty to maintain, any portion of the

right of way beyond the curb line of the County road, including any right of way that may

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extend onto a municipal road, except as may be otherwise be provided in a formal

agreement or resolution of the County Planning Board. The County will, at the

Municipality’s request, and solely as a courtesy to the Municipality, pave into an

intersecting municipal road to meet the prior paving joint or to ensure a smooth pavement

transition as directed by a municipal engineer, and subject to Paragraph 6, “Crosswalks,”

above, install traffic markings and symbols and replace crosswalk markings on a municipal

road at the intersection with a County road. The Municipality agrees that, notwithstanding

this courtesy extended by the County, it is solely the Municipality’s responsibility to

improve, maintain, and control the intersecting municipal road beyond the curb line of the

County road, and that the County is not exercising ownership, control, or accepting any

maintenance obligation over any portion of the municipal road by virtue of such paving or

other improvements on the municipal road beyond the curb line of the County Road. In

consideration for the County agreeing to pave into or make other improvements on the

intersecting municipal road, the Municipality hereby agrees to indemnify, defend, save

harmless, and release the County, its officers, employees, agents, and contractors, from and

against any and all claims, demands, actions, suits, judgments, costs, charges, fees,

damages and expenses, including reasonable attorney’s fees, which may arise or result

from a condition of the intersecting municipal road beyond the curb line of the County

Road, including attorney’s fees and costs incurred in any appeal.

8. Asphalt Berms. As a courtesy to the Municipality for the sole purpose of directing surface

water away from adjacent properties, when repaving a County road with no existing curbs

or sidewalks, the County may, at the request of the Municipality and where directed by the

municipal engineer, construct asphalt berms at the edge of the County road pavement,

within the public right of way. The Municipality agrees, in consideration for the County’s

efforts and costs in construction of such berms, that the Municipality shall thereafter

assume all responsibility for maintenance, repair, and replacement for the berms and that

the County shall not be required to maintain, repair, or replace any such berm the County

has constructed. The Municipality hereby agrees to indemnify, defend, save harmless, and

release the County, its officers, employees, agents, and contractors, from and against any

and all claims, demands, actions, suits, judgments, costs, charges, fees, damages and

expenses, including reasonable attorney’s fees, which may arise or the County may incur

as a result of the County’s construction of asphalt berms as directed by the Municipality.

This provision shall extend to the County regardless of the structure or workmanship of the

County constructed asphalt berms, and shall expressly include any claim that the berm,

howsoever it is maintained, is a dangerous condition under the New Jersey Tort Claims

Act.

9. Traffic Control. The County uses NJDOT monies to fund the resurfacing program.

NJDOT regulations require that the contractor set up and maintain a proper and safe work

zone with properly trained flagmen at each work location. NJDOT does not permit the use

of funds to pay for uniformed police protection. However there are circumstances where

the use of uniformed police officers may be required for safe traffic control.

a. The Municipality shall provide uniformed police officers, and be solely responsible

for the cost thereof, in the following circumstances:

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i. When intersecting roadways cannot be fully closed to traffic during

installation of underground traffic signal conduit; installation of

underground storm-water drainage systems; installation of new overhead

traffic signal hardware or removal of existing traffic signal hardware; work

is being performed within 100’ of a signalized intersection; pavement

milling operations; final paving operations; and signal “turn-on.”

ii. When requested by the County Division of Engineering or Department of

Public Works.

b. Nothing herein shall prohibit the Municipality from assigning Municipal uniformed

police officers for additional protection on its own initiative, over and above the

contractor’s responsibilities, at the Municipality’s sole cost and expense.

c. The Municipality agrees that the aforementioned traffic control procedure shall

apply to all future work by the County of Bergen, and its contractors, performing

work that is a County responsibility within public right-of-ways of County roads.

10. Road Opening Permits. The Municipality agrees that once a County road is resurfaced,

the Municipality will procure a road opening permit for any Municipality controlled project

or Municipal utility company project. The Municipality agrees to meet all requirements

and specifications in the restoration of the County’s roads.

11. Integration. This is the parties’ entire agreement on this matter, superseding all previous

negotiations or agreements, including any prior agreements regarding the County’s Road

Resurfacing Program.

[Signature Page to Follow]

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IN WITNESS WHEREOF, the parties have executed this Agreement to be effective as of the

day and year first above written.

WITNESSED COUNTY OF BERGEN

______________________ By: ______________________________ James J. Tedesco, III, County Executive, or

Julien X. Neals, Acting County Administrator

Date: ______________________________

WITNESSED Municipality: ______________________________

______________________ By: ______________________________ Print Name

_______________________________ Signature

Date: _______________________________

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AUTHORIZE THE AWARD OF CONTRACT –

BROAD AVENUE IMPROVEMENTS – SECTION 9 WHEREAS, the Borough of Leonia publicly advertised for bids and received bids on March 23, 2021 at 11:00 A.M. in a fair and open manner consistent with N.J.S.A. 19:44A-20.4 et. Seq., and

WHEREAS, the Borough received seven (7) bids; and WHEREAS, the project also included one (1) alternate bid which the Borough Engineer has recommended be awarded in addition to the base bid; and WHEREAS, lowest three (3) qualified bid values based upon the base bid and alternate 1 are as follows:

CONTRACTOR TOTAL BASE

+ ALT 1 AJM Contractors, Inc $254,180.43

American Asphalt & Milling Services $270,309.49

Cifelli & Son Paving & Masonry $270,590.28

WHEREAS, the vendor who has been deemed as the most responsive and responsible, to the specifications, and legal requirements as provided for within the bid document was AJM Contractors, Inc., 300 Kuller Road, Clifton, NJ 07011 in the amount of $254,180.43; and

WHEREAS, the purchasing agent has concurred with the legality of the purchase in accord with the New Jersey Local Publics Contract Law (N.J.S..40A:11-1 et. Seq); and

WHEREAS, the Borough Engineer has recommended award to AJM Contractors, Inc.; and WHEREAS, the Chief Financial Officer hereby certifies that funds NOT TO EXCEED $254,180.43 are available.

NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Council of the Borough of Leonia authorizes the Mayor to enter into a contract with AJM Contractors, Inc., 300 Kuller Road, Clifton, NJ 07011 in the amount of $254,180.43 for Broad Avenue Improvements – Section 9. BE IT FURTHER RESOLVED that the contract award is subject to the approval of the New Jersey Department of Transportation (NJDOT) in accordance with the Borough’s grant agreement with the NJDOT.


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___________________________ Anne Dodd, RMC

Borough Clerk

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BE IT RESOLVED that the Mayor and Council of the Borough of Leonia hereby recommends to the New Jersey Department of Transportation that the contract for Broad Avenue Improvements – Section 9 in the Borough of Leonia, County of Bergen, be awarded to AJM Contractors, Inc. whose bid amounted to $254,180.43 subject to the approval of the Department; and BE IT FURTHER RESOLVED that the presiding officer of this body be and is hereby directed to sign for and on its behalf the contract in the prescribed form for said construction; and BE IT FURTHER RESOLVED that the clerk of this body be and is hereby directed to seal said contract with the corporate seal of this body and to attest to same. Approved by the Borough of Leonia on April 5, 2021 (Presiding Officer) (Date)

(Clerk) (Date)


___________________________ Anne Dodd, RMC

Borough Clerk


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A RESOLUTION AUTHORIZING THE ADVERTISEMENT

FOR A POLICE OFFICER

WHEREAS there is a need to fill a vacancy in police personnel within the Leonia Police Department; and

WHEREAS, the Borough Administrator and Chief of Police have discussed said need

with the Police and HR/Finance Committees of the Borough of Leonia. WHEREAS the Governing Body has budgeted for this full-time Police Officer. NOW, THEREFORE BE IT RESOLVED by the Council of the Borough of Leonia that

the Borough Administrator is hereby authorized to advertise for the position of a full-time Police Officer.


___________________________ Anne Dodd, RMC

Borough Clerk


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