Mayor & Council

MINUTES Mayor and Council Regular Meeting May 9, 2022 7:00 P.M. CALL TO ORDER – A Regular Meeting of the Mayor and Council of the Borough of River Edge was held in the Council Chambers of the River Edge Borough Hall at 705 Kinderkamack Road, River Edge, NJ 07661. The meeting was called to order at 7:00 p.m. by Mayor Thomas Papaleo. SILENT PRAYER – FLAG SALUTE Mayor Papaleo asked for a moment of silence for all those who are suffering in Ukraine as well as for those who are impacted throughout Europe and the world. Councilwoman Kinsella led those present in a salute to the flag. STATEMENT OF COMPLIANCE - Mayor Papaleo read the Statement of Compliance into the record as follows: Statement of Compliance with Open Public Meeting Act: This meeting complies with the Open Public Meeting Act by notification on January 7th this location, date and time to the Town News and the Record and by posting of same on the municipal bulletin board and Borough website and filing a notice of the same with the Municipal Clerk. ROLL CALL PRESENT: Council President Kaufman, Councilwoman Kinsella, Councilwoman Malellari, Councilwoman Montisano-Koen and Mayor Papaleo. ABSENT: Councilwoman Busteed and Councilman Chinigo ALSO PRESENT: Borough Administrator Lissette Aportela Borough Attorney Thomas Sarlo, Esq. APPROVAL OF MINUTES – On a motion by Council President Kaufman, seconded by Councilwoman Kinsella, and all members present voting in favor, that the Minutes of the Mayor and Council Regular Meeting of April 25, 2022 are hereby approved. As Christina Allen was present, Mayor Papaleo announced that Resolution #22-160 is being pulled off the Consent Agenda and will be considered next. #22-160 Approve the Appointment of a Junior Firefighter Motion by Council President Kaufman, second by Councilwoman Montisano-Koen, that Resolution #22-166 be approved. The vote was recorded as follows: Councilwoman Busteed: absent Councilwoman Kinsella: aye Councilman Chinigo: absent Councilwoman Malellari aye Council President Kaufman: aye Councilwoman Montisano-Koen: aye #22-160 Approve the Appointment of a Junior Firefighter BE IT RESOLVED by the Governing Body of the Borough of River Edge that Christina Allen be and she is hereby appointed as a Junior Firefighter in the River Edge Volunteer Fire Department effective May 9, 2022. ******** Mayor Papaleo commented that the Junior Firefighter Program is excellent and has led to many generations of families becoming firefighters. He thanked Ms. Allen for volunteering and administered the Oath of Office to Junior Firefighter Allen who was joined by her father. PROCLAMATIONS & AWARDS Certificate of Recognition for Karina Small for Earning the Sister Catherine Green Kindness Award Karina Small, student of the Academy of Holy Angels, explained that the Sister Catherine Green Kindness Award is given quarterly and detailed how she was selected to receive this award. Mayor Papaleo congratulated Ms. Small for receiving this award and read the following Certificate of Recognition into the record: The Mayor and Council of the Borough of River Edge are proud to present this certificate to Karina Small Karina has been awarded this certificate in recognition for her earning the Academy of the Holy Angels’ Sister Catherine Green Kindness Award. Karina was nominated by her peers for having a positive impact on others and is described as kind, selfless and helpful and is inclusive of people to make sure everyone feels welcome. ******** Proclamation Declaring the Month of May as Asian American and Native Hawaiian/Pacific Island Heritage Month Julia Lee and other members of the River Edge Korean Parent Network were asked to come forward to accept this proclamation. Ms. Lee explained that this organization has been in existence for approximately 9 years and offers programs to help raise cultural awareness within the community. Mayor Papaleo read the following proclamation into the record: PROCLAMATION WHEREAS, during the month of May we recognize the history and achievements of Asian Americans, Native Hawaiians and Pacific Islanders (AANHPIs) in our community; and WHEREAS, this heritage month originated in June 1977 and was officially signed into law in 1992; and WHEREAS, the month of May was chosen to observe AANHPI to commemorate the first Japanese who came to the country in May of 1843 and to mark the May 1869 completion of the Transcontinental Railroad which involved the labor of many Chinese immigrants; and WHEREAS, the AANHPI community is made up of culturally and linguistically diverse people representing populations from many countries and islands; and WHEREAS, we celebrate and honor the invaluable contributions the AANHPI communities have made to our nation’s culture and the arts, law, science and technology, sports and public service; and WHEREAS, we also recognize the AANHPIs who have served on the front lines of the COVID-19 pandemic as health care providers, first responders, teachers and other essential workers. NOW, THEREFORE, BE IT RESOLVED that I, Thomas Papaleo, Mayor of the Borough of River Edge, do hereby proclaim: May 2022 as Asian American and Native Hawaiian/Pacific Islander Heritage Month ******** Proclamation Declaring May 15 – 21, 2022 as National Public Works Week Mayor Papaleo read the following proclamation into the record: PROCLAMATION WHEREAS, Public Works services provided in our municipality are an integral part of our citizens’ everyday lives; and WHEREAS, the support of an understanding and informed citizenry is vital to the efficient operation of public Works systems and programs such as sewers, streets, drainage, public buildings, recycling, leaf collection and snow plowing; and WHEREAS, the health, safety and comfort of this community greatly depends on these facilities and services; and WHEREAS, the quality and effectiveness of these facilities, as well as their planning, design and construction is vitally dependent upon the efforts and skill of Public Works officials; and WHEREAS, the efficiency of the qualified and dedicated personnel who staff Public Works Departments is materially influenced by the people’s attitude and understanding of the importance of the work they perform. NOW, THEREFORE, BE IT RESOLVED, I, Thomas Papaleo, Mayor of the Borough of River Edge do hereby proclaim the week of May 15th through May 21, 2022 as: “National Public Works Week” in The Borough of River Edge and I call upon all citizens and civic organizations to acquaint themselves with the issue involved in providing our Public Works and to recognize the contributions which Public Works officials make every day to our health, safety, comfort and quality of life. Mayor Papaleo advised that DPW employees ensure that the town is safe whenever there is a storm or a public emergency. He expressed gratitude to them for their work. ******** Proclamation Declaring May 15 – 21, 2022 as Emergency Medical Services Week Bethann Kiely, Captain of the River Edge Volunteer Ambulance Service (REVAS) advised that REVAS has been serving Borough for 73 years. Mayor Papaleo noted that REVAS assists residents whenever necessary and commented on the commitment that it takes to become an EMT. He then read the following proclamation into the record: PROCLAMATION WHEREAS, emergency medical services is a vital public service; and WHEREAS, the members of emergency medical services teams are ready to provide lifesaving care to those in need 24 hours a day, seven days a week; and WHEREAS, access to quality emergency care dramatically improves the survival and recovery rate of those who experience sudden illness or injury; and WHEREAS, the emergency medical services system consists of emergency physicians, emergency medical technicians, paramedics, firefighters, educators, administrators and others; and WHEREAS, the members of emergency medical services teams, whether career or volunteer, engage in thousands of hours of specialized training and continuing education to enhance their lifesaving skills; and WHEREAS, it is appropriate to recognize the value and the accomplishments of emergency medical services providers by designating Emergency Medical Services Week; and NOW, THEREFORE, I, Thomas Papaleo, Mayor of the Borough of River Edge do hereby proclaim:  May 15 – May 21, 2022 as Emergency Medical Services Week in River Edge, in recognition of all those engaged in emergency medical services activities and encourage the community to observe this week with appropriate programs, ceremonies and activities. ******** Proclamation Declaring the Month of May as Mental Health Month Andrea Ouida, Co-Chair of the Stigma-Free Initiative, explained that the goal of this initiative is to take the stigma out of mental illness and support members of the community who need help by stressing that help is available. Mayor Papaleo read the following proclamation into the record: PROCLAMATION WHEREAS, mental health is essential to everyone’s overall health and well -being; and WHEREAS, all Americans experience times of difficulty and stress in their lives; and WHEREAS, promotion and prevention are effective ways to reduce the burden of mental health conditions; and WHEREAS, there is a strong body of research that support user-friendly tools that all Americans can access to better handle challenges, and protect their health and well-being; and WHEREAS, mental health conditions are real and prevalent in our nation; and WHEREAS, with effective treatment, those individuals with mental health conditions can recover and lead full, productive lives; and WHEREAS, each business, school, government agency, faith-based organization, health care provider and citizen has a responsibility to promote mental wellness and support prevention efforts. THEREFORE, I, Thomas Papaleo, Mayor of the Borough of River Edge do hereby proclaim: May 2022 as Mental Health Month in the Borough of River Edge, and as the Mayor of River Edge, I also call upon the citizens, government agencies, public and private institutions, businesses and schools in River Edge to recommit our community to increasing awareness and understanding of mental health, the steps our citizens can take to protect their mental health, and the need for appropriate and accessible services for all people with mental health conditions. ******** Proclamation Declaring May 15 – 21, 2022 as National Police Week Mayor Papaleo read the following proclamation into the record: PROCLAMATION WHEREAS, in 1962, President Kennedy proclaimed May 15th as National Peace Officers Memorial Day and the calendar week in which May 15th falls, as National Police Week; and WHEREAS, established by a joint resolution of Congress in 1962, National Police Week pays special recognition to those law enforcement officers who have lost their lives in the line of duty for the safety and protection of others; and WHEREAS, recent events throughout our nation have unfortunately demonstrated a reckless disregard for the lives and safety of law enforcement officers; for instance on December 20, 2014 NYPD Officer Liu and Officer Ramos were executed at point blank range while sitting in their patrol vehicle in Brooklyn; and WHEREAS, it is incumbent upon public officials and the law abiding public to proactively support our law enforcement officers who regularly face threats of violence and danger, and routinely put their lives in jeopardy to defend others, potentially resulting in injury, disability or even death to keep our neighborhoods safe, enforce the rule of law, protect our property and to respond in times of crisis; and NOW, THEREFORE, BE IT RESOLVED that I, Thomas Papaleo, Mayor of the Borough of River Edge, in recognition thereof, do hereby proclaim: May 15 – May 21, 2022 as: National Police Week PUBLIC COMMENTS ON ANY ITEM ON THIS AGENDA – On motion by Council President Kaufman, seconded by Councilwoman Kinsella, and all present voting in favor, to open for public comments on any item on the agenda. No one came forward. On a motion by Councilwoman Montisano-Koen, seconded by Councilwoman Malellari, and all present voting in favor, to close public comments on any item on the agenda. APPOINTMENTS & PERSONNEL CHANGES – On motion by Council President Kaufman, seconded by Councilwoman Kinsella, to approve the following appointments and personnel changes: Approve the salary increase of Eric Schultz, Equipment Operator I in the Department of Public Works from an annual Step II salary of $78,272.00 to Step III -$80,585.00 effective April 6, 2022. Approve the salary increase of Anthony Naem, General Repairer II in the Department of Public Works from an annual Step I salary of $66,159.00 to Step II - $68,405.00 effective April 16, 2022. Approve the salary increase of Eric Phillips, Tree Trimmer I in the Department of Public Works from an annual Step III salary of $74,975.00 to Step IV - $77,502.00 effective May 15, 2022. Approve the salary increase of Kevin O’Boyle, Senior Bus Driver from an hourly rate of $19.89 to $20.28 as per the union contract 2022 rates, retroactive to January 1, 2022. Approve the salary increase of Brandon Goez, Police Officer from an annual salary of $63,037.00 to Patrol Officer 16th grade - $72,526.00 effective May 13, 2022. Approve the salary of Edward Blue, Police Officer from an annual salary of $110,367.00 to Patrolman 11th Grade - $119,827.00 effective May 5, 2022. Approve the hire of Olivia Shnaper as a temporary Intern to provide assistance to the Building Department by sorting files that will be scanned, at an hourly rate of $15.00, up to 20 hours per week, effective June 10, 2022. Approve the hire of Jack Capasso as a temporary Intern to provide assistance to the Building Department by sorting files that will be scanned, at an hourly rate of $15.00, up to 20 hours per week, effective June 10, 2022. The vote was recorded as follows: Councilwoman Busteed: absent Councilwoman Kinsella: aye Councilman Chinigo: absent Councilwoman Malellari aye Council President Kaufman: aye Councilwoman Montisano-Koen: aye MONTHLY REPORTS – Mayor Papaleo advised that the following reports are on file in the Office of the Borough Clerk and available for review: Fire Prevention - January – March 2022 Tax Collector - April 2022 FIRST READING – ORDINANCES – Ordinance #22-10 Motion by Council President Kaufman that the following ordinance be introduced and passed on first reading and setting May 23, 2022 at 7:00 p.m. or as soon thereafter as the as the matter can be heard as the date and time and the Council Chambers of the River Edge Municipal Building as the place for a hearing on said ordinance. Second by Councilwoman Kinsella. Mayor Papaleo read the title of the ordinance into the record: Ordinance #22-10 An Ordinance to Amend Chapter of the Revised General Ordinances of the Borough of River Edge, Entitled “Recreation and Cultural Affairs, Department” Borough Administrator explained that this ordinance amends the Cultural Affairs Committee membership restriction to prohibit only those who serve on the Recreation Commission from serving on this committee. The vote was recorded as follows: Councilwoman Busteed: absent Councilwoman Kinsella: aye Councilman Chinigo: absent Councilwoman Malellari aye Council President Kaufman: aye Councilwoman Montisano-Koen: aye (See Ordinance #22-10 attached and made a part hereof.) SECOND READING & HEARING ON ORDINANCES Ordinance #22-08 Mayor Papaleo read into the record: The following ordinance published herewith was first read by title only on April 25, 2022 and posted on the bulletin board of the municipal building. Ordinance #22-8 An Ordinance to Amend Chapter 338 of the Revised General Ordinances of the Borough of River Edge, Entitled “Seasonal Outdoor Dining” Borough Administrator Aportela advised that this ordinance increases the permissible tent size and removes the requirement for overnight storage with respect to seasonal outdoor dining. Public Comments on Ordinances 22-8 Motion by Councilwoman Kinsella, second by Councilwoman Malellari, and all members voting in favor, to open the floor to the public on Ordinance #22-8. No one came forward. Motion by Councilwoman Montisano-Koen, second by Councilwoman Kinsella, to close the floor to the public on Ordinance #22-8. Motion by Councilwoman Kinsella, second by Councilwoman Montisano-Koen, that Ordinance #22-8 be passed on second and final reading and is hereby adopted and notice of same shall be published according to law. On a roll call, the vote was recorded as follows: Councilwoman Busteed: absent Councilwoman Kinsella: aye Councilman Chinigo: absent Councilwoman Malellari aye Council President Kaufman: aye Councilwoman Montisano-Koen: aye RESOLUTIONS - By Consent Councilwoman-Montisano-Koen inquired whether the additional engineering being authorized by Resolution #22-163 pertains to the flashers and asked for confirmation that they will be displayed on Kinderkamack Road. Borough Administrator Aportela confirmed that this resolution is for the flashers, and although the locations are being finalized, Kinderkamack Road is one of the locations. Councilwoman Montisano-Koen questioned whether the hire of the Senior Bus Driver is due to the bus being utilized more. Borough Administrator Aportela advised that ridership is rising to pre-pandemic levels, necessitating the need to hire an additional driver. a. #22-148 Authorize Issuance of a Purchase Order – River Edge Train Station Drainage Improvements b. #22-149 Confirm Appointment of Borough Registrar of Vital Statistics and Deputy Registrar c. #22-150 Refund Escrow Money d. #22-151 Authorize Tax Collector to Bill for a Senior Citizen Deduction Disallowed for 2021 e. #22-152 Authorize Agreement – Purchase & Disposal of Compost f. #22-153 Urge New Jersey Legislature to Amend Budget Cap Law to Appropriate Funds for Increasing Insurance Costs g. #22-154 Authorize Agreement – Valley Medical Group – Alcohol & Drug Testing Services h. #22-155 Urge the New Jersey State Legislature to Reform the Open Public Records Act i. #22-156 Authorize Receipt of Bids – 2022 ADA Ramps at Various Locations j. #22-157 Authorize Receipt of Bids – Improvements to the Fire Company #1 and Fire Company #2 Parking Lots Project k. #22-158 Amend contract – Architectural Services – Borough Hall Repair/Renovation Expansion Study – Arcari & Iovino Architects, PC l. #22-159 Authorize Execution of FY2021 CDBG Grant Agreement – Reservoir Avenue Handicapped Accessible Curbs and Sidewalks m. #22-160 Approve the Appointment of a Junior Firefighter Pulled for a separate vote n. #22-161 Approve Change Order #2 – Interior Renovations, HVAC Replacement, & Generator Project for the River Edge Public Library o. #22-162 Approve Additional Engineering Services – 2021 ADA Ramps at Various Locations p. #22-163 Approve Additional Engineering Services – RRFBs at Various Locations q. #22-164 Authorize Tax Collector to Prepare and Issue Estimated Tax Bills for 3rd Quarter 2022 Taxes r. #22-165 Approve the Hire of a Part-time Senior Bus Driver in the Department of Public Works Motion by Council President Kaufman, second by Councilwoman Kinsella, that the Consent Agenda be approved as amended. The vote was recorded as follows: Councilwoman Busteed: absent Councilwoman Kinsella: aye Councilman Chinigo: absent Councilwoman Malellari aye Council President Kaufman: aye Councilwoman Montisano-Koen: aye #22-148 Authorize Issuance of a Purchase Order – River Edge Train Station Drainage Improvements WHEREAS, the Borough Engineer has solicited quotes for drainage improvements at the River Edge Train Station from five vendors and has recommended that a purchase order be issued to D&L Paving Contractors, Inc. based on the quote received for a total cost of $35,625.00; and WHEREAS, Joseph Matarazzo, President of D&L Paving Contractors, Inc. has completed and submitted a Business Entity Disclosure Certification which certifies that he and his company have not made any contributions to any political or candidate committee in the Borough of River Edge in the previous one year that would render him ineligible to be awarded this contract, and that the proposed contract prohibits him and his company from making any such reportable contributions through the term of the contract; and WHEREAS, Chief Financial Officer Chris Battaglia has advised that funding is available for this purchase. NOW THEREFORE BE IT RESOLVED by the Mayor and Council of the Borough of River Edge that the Borough Administrator is authorized to issue a purchase order for the drainage improvements at the River Edge Train Station project to D&L Paving Contractors having its principal office at 675 Franklin Avenue, Nutley, NJ 07110 based on the quote submitted to the Borough Engineer on April 5, 2022, in the amount of $35,625.00. ******** #22-149 Confirm Appointment of Borough Registrar of Vital Statistics and Deputy Registrar WHEREAS, Adrienne Capasso is a Certified Municipal Registrar, having received her Certification from the New Jersey Department of Health and Senior Services with license #3440 and has served as the Municipal Registrar for the Borough of River Edge as per NJSA 26:8-11 since June 20, 2011. NOW, THEREFORE BE IT RESOLVED by the Mayor and Council of the Borough of River Edge that pursuant to NJSA 26:8-13, that the term of office for the Registrar of Vital Statistics, Adrienne Capasso is hereby confirmed for three (3) years; and BE IT FURTHER RESOLVED, that the Borough Clerk, Anne Dodd is hereby appointed to serve as Deputy Registrar as per NJSA 26:8-17; and BE IT FURTHER RESOLVED, that the above terms will expire on May 8, 2025; and BE IT FINALLY RESOLVED, that a certified copy of this resolution be forwarded to the New Jersey Department of Health, Office of Vital Statistics and Registry. ******** #22-150 Refund Escrow Money WHEREAS, the following applications have been made to the Land Use Board for Site Plan approvals and has since received such approval; and WHEREAS, all professionals have been paid. NOW, THEREFORE, BE IT RESOLVED that the Chief Financial Officer is hereby authorized to refund the following to: Block Lot Name Address Refund 1407 3 Bretton, Assan 17 Elizabeth St. $945.00 815 16 Gregov, Paul & Amanda 470 Windsor Rd. $165.00 ******** #22-151 Authorize Tax Collector to Bill for a Senior Citizen Deduction Disallowed for 2021 WHEREAS, the following homeowners received a $250.00 Senior Citizen Tax Deduction for the year 2021; and WHEREAS, the following properties were disallowed the $250.00 Senior Deduction because they either sold the property or the homeowner exceeded the $10,000 income requirements to qualify for the Senior Citizen Tax Deduction for the year 2021. NOW, THEREFORE, BE IT RESOLVED that the Tax Collector is hereby authorized to disallow the 2021 Senior Deductions and bill the homeowners for the following amounts. Block/Lot Name & Address Adjusted Amount 407/7 Cordts, Paul & Patricia 250.00 161 Continental Avenue 502/9 675 Millbrook St LLC 154.79 675 Millbrook Road Total: 404.79 ******** #22-152 Authorize Agreement – Purchase & Disposal of Compost WHEREAS, the Borough of River Edge has included the collection of leaf, grass and yard waste as part of its recycling program in an effort to reduce solid waste; and WHEREAS, DTS Trucking LLC has agreed to enter into a contract with the Borough of River Edge for the purchase and disposal of compost; and WHEREAS, N.J.S.A. Section 40A:11-5(1)(s) and N.J.S.A. 40A:11-36(6) permits the awarding of a contract without competitive bidding for the marketing of recyclables; and WHEREAS, the Borough Administrator and Superintendent of Public Works have prepared a contract containing the approved terms and conditions of the sale. NOW, THEREFORE, BE IT RESOLVED that by the Mayor and Council of the Borough of River Edge that the Mayor and Clerk be authorized to execute an agreement with DTS Trucking LLC, 65 Royal Avenue, Hawthorne, New Jersey 07506 at a price of two dollars ($2.00) per cubic yard of compost material sold. ******** #22-153 Urge New Jersey Legislature to Amend Budget Cap Law to Appropriate Funds for Increasing Insurance Costs WHEREAS, pursuant to N.J.S.A. 40A:4-45, et al, a municipality is required to limit any increase in its levy to 2.0% and any increase in appropriations to 2 1/2% or the cost-of- living adjustment, whatever is less, over the prior year's final appropriations subject to certain exceptions; and WHEREAS, all local public entities, including participating municipalities in the Municipal Excess Liability Joint Insurance Fund (MEL), has incurred an estimated $50 million in COVID related worker's compensation claims and it is anticipated that these costs will continue to increase as a result of long-term COVID cases; and WHEREAS, a 2021 New Jersey Department of Labor decision regarding worker's compensation funding has generated increased costs to the members of the MEL by over 10% in order to cover claims that were previously funded by the State pension system; and WHEREAS, a recent amendment to the sexual molestation statute of limitations will increase total liability costs for members of the MEL system by an estimated amount of 6% in 2023; and WHEREAS, the frequency of weather-related catastrophic claims and corresponding impacts are anticipated to increase property insurance costs by over 10% per year; and WHEREAS, cyber liability events throughout the country have resulted in twice the amount of premium costs in 2022 and such costs are expected to accelerate at a pace far greater than the rate of inflation; and WHEREAS, these increasing costs, regulations, policy decisions and environmental impacts are occurring when many other items and costs in municipal budgets are also increasing at an inflationary rate. NOW THEREFORE BE IT RESOLVED by that Mayor and Council of the Borough of River Edge hereby request the New Jersey Legislature amend N.J.S.A. 40A:4-45 to provide that appropriations in the first three years after the effective date of (this amendment) for liability insurance, worker’s compensation insurance, cyber insurance, and property insurance be exempt from the Appropriation CAP and the Levy CAP.  BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Legislators of the 38th District. ******** #22-154 Authorize Agreement – Valley Medical Group – Alcohol & Drug Testing Services WHEREAS, the Federal Department of Transportation Drug and Alcohol Testing Regulations require municipal governments provide for a Random Drug and Alcohol Program for holders of Commercial Drivers' Licenses (CDLs), which includes the random testing of employees; and WHEREAS, in order to comply fully with the Federal and State DOT regulations, the Borough of River Edge has determined that it is in the best interest to retain provider services for program coordination, training, education, on-site collection and analysis and to issue quarterly and annual alcohol and controlled substance reports to perform that function as specified in the aforesaid regulations; and WHEREAS, WorkPlace Connection of the Valley Medical Group is prepared to administer said Program from July 1, 2022 through June 30, 2023; and WHEREAS, the Chief Financial Officer has certified funds are available for this service pursuant to NJAC 5:30-5.5(c)(1) in the 2022 and 2023 budgets not to exceed a total of $2500.00. NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Borough of River Edge hereby approve the Drug and Alcohol Testing Agreement with WorkPlace Connection of Valley Medical Group located at 15 Essex Road, Suite 206, Paramus, NJ 07652 from July 1, 2022 through June 30, 2023. BE IT FURTHER RESOLVED that the Mayor and Borough Clerk are hereby authorized to execute said Contract on behalf of the Borough of River Edge. ******** #22-155 Urge the New Jersey State Legislature to Reform the Open Public Records Act WHEREAS, the New Jersey Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 et seq., enacted in 2002, has been in effect long enough to review the impact on Municipalities; and WHEREAS, it is the position of the Bergen County League of Municipalities (BCLOM), which represents all 70 municipalities in Bergen County, that OPRA can and must be improved upon to make it less onerous on municipalities and protect the safety and welfare of the public; and WHEREAS, municipal staff and budgets are increasingly utilized to accommodate the requestors and commercial entities who bombard municipalities with public records requests to the extent that in some instances, additional personnel are hired primarily to handle such requests; and WHEREAS, municipalities are already required by state law to post and provide certain information and documentation on their municipal websites, including but not limited to, annual budgets, annual financial statements, annual audits, public meeting notices and meeting minutes; and WHEREAS, under existing law, OPRA fees are woefully inadequate for the amount of time and effort needed to search for documents; it takes valuable time away from staff ─ not only in the Clerk’s office ─ but also among other departments that may be involved in the same request; and WHEREAS, OPRA has become broadly construed in favor of access and the requestor and, a requestor who prevails in any proceeding in appealing a denial of access is permitted to collect exorbitant attorney’s fees; conversely, however, the resources and guidance available to record custodians and municipal counsel tasked with responding to such requests has narrowed drastically in the ever-changing OPRA arena, muddied by subsequent, voluminous and often-conflicting court decisions that contradict the original intent of the law and will continue to do so in the absence of necessary legislative reform; and WHEREAS, OPRA law allows outside businesses, and activist groups to utilize municipal time and services for marketing leads or private commercial gain, and for litigants to use OPRA as a method of discovery; and WHEREAS, a clear distinction needs to be made between individual and commercial and discovery requests; and WHEREAS, serious concerns about breaches or misuse of personal information exist along with the potential for OPRA to be exploited and abused by requestors, as a threat, harassment, or retaliatory measure to bury local governments in hundreds of requests, not necessarily because the requested records are of any particular interest, but merely because they can and have been emboldened by the courts to do so, to the significant detriment of all other municipal business; and WHEREAS, most importantly, OPRA must be reformed to enable municipalities, their respective record custodians and legal counsels to protect the safety and welfare of the general public; and WHEREAS, over the years, court decisions have chipped away at the reasonable expectation of privacy provision of the law, thus allowing the law to be molded and wielded as a tool that severs any sensible balance of transparency, and instead, now perpetuates rampant and dangerous degrees of for-profit data-mining, unsolicited marketing and uncontrolled publications of records on internet search engines specifically designed to circumvent and bypass what few protective measures currently exist under OPRA, and all while allowing the requestor to remain cloaked in anonymity, should they choose to exercise that option; and WHEREAS, the pandemic has resulted in a startling and exponential rise in fraud and identity theft, crimes that were already notoriously difficult to investigate, track and prosecute; OPRA, left unchecked and unreformed, continues to add fuel to this already dangerous fire; and WHEREAS, in a most reprehensible instance in the midst of the pandemic, the unthinkable happened when the young son of a U.S. District Court Judge was senselessly killed by an individual who had managed to compile a dossier of personal information about the Judge including a home address, ushering in the passage of Daniel’s Law; and WHEREAS, while this law as intentioned provides for necessary strides and long overdue amendments to OPRA, the scope of protection provided is critically deficient, the implementation creates challenges for custodians and municipal officials that remain unaddressed by law, with limited channels for guidance, while the vast remainder of the Open Public Records Act continues to be left recklessly unreformed, potentially leaving any officials not covered under Daniel’s Law or even, the general public at-large exposed to the whim of any nefarious OPRA requestor lurking in the shadows of those demanding transparency at any cost; and WHEREAS, Assembly Bill No. 4894, introduced January 17, 2019, calling for the creation of a study commission to review OPRA, to-date, has been left negligently stagnant and, to-date the legislative approach to addressing the dangers of OPRA have been fragmented, haphazard and contradictory at best, leading to a dire need for streamlined overhaul and reform, which, at a minimum should include the following: • Immediate creation of a study commission on OPRA. • Uniformity under the law: municipalities shall not be subject to any provision under OPRA that the legislature or other state agencies are, by contrast, exempt from. • Provide a universal platform for clear and concise guidance for records custodians. Such guidance should be in place prior to any laws that impact OPRA going into effect. • Require that official OPRA Request forms be used in order to be considered valid, including certifications by the requestor of (1) non-conviction of an indictable offense and (2) that information obtained will not be used for profit, solicitation, marketing or commercial gain, or published as part of a separate internet database or search engine. • Prohibit OPRA requestors from remaining anonymous. • Require that requestors provide a State of New Jersey address in order to be valid (OPRA should not apply to out-of-state requests).  • Prohibit requests for commercial purposes. • Exempt email addresses (also serves as a deterrent to spoofing, phishing and other cyber scams and crimes). • Exempt information maintained for emergency notification purposes. • Exempt any information related to minor individuals, disabled persons and senior citizens as well as classes of citizens who are vulnerable to exploitation of their information. • Exempt personal identifying information from Motor Vehicle Accident Reports, including driver’s license numbers, dates of birth (DOBs), home addresses, VINs and registration/plate numbers, unless the requestor is a subject of the record, or their designated legal or insurance representative. • Exempt pet license information to a need-to-know basis only (health department, police department, veterinarian of record, hospital, bite victim) to deter rising pet thefts and potential for targeted thefts of non-large-breed dog owners. • Reaffirm exemption of unlisted telephone numbers, including personal cell phones. • Exempt property owner names, CAMA Data and reaffirm the exemption of property record cards. • Protections afforded under Daniel’s Law should be afforded to all government officials, employees, volunteers and members of the general public as the threats from the disclosure of personal information is not unique to those rightfully protected under Daniel’s Law. • Provide a carve out for fee-shifting where a municipality in good faith and without clear guidance through Statute or case law denies a request or redacts information which could reasonably be interpreted as not subject to disclosure. NOW, THEREFORE BE IT RESOLVED, that the Mayor and Council of the Borough of River Edge find it imperative that the New Jersey Senate and Assembly review and reform the New Jersey Open Public Records Act; and BE IT FURTHER RESOLVED, that copies of this resolution are sent to all New Jersey State Legislators, the New Jersey State League of Municipalities, the New Jersey Municipal Clerks’ Association, the Bergen County Municipal Clerks’ Association, the New Jersey State Association of Chiefs of Police and the Bergen County Police Chiefs’ Association. ******** #22-156 Authorize Receipt of Bids – 2022 ADA Ramps at Various Locations BE IT RESOLVED, by the Mayor and Council of the Borough of River Edge, that the Borough Administrator is hereby authorized to advertise for the receipt of bids for the 2022 ADA Ramps at Various Locations Project; and BE IT FURTHER RESOLVED that said bids shall be received at 10 A.M. on Tuesday, May 24, 2022, at Council Chambers in Borough Hall located at 705 Kinderkamack Road, River Edge, at which time and place said bids shall be opened and read aloud; and BE IT FINALLY RESOLVED that said advertisement shall be published in the Friday, May 13, 2022, issue of the Record in accordance with the Local Public Contracts Law. ******** #22-157 Authorize Receipt of Bids – Improvements to the Fire Company #1 and Fire Company #2 Parking Lots Project BE IT RESOLVED, by the Mayor and Council of the Borough of River Edge, that the Borough Administrator is hereby authorized to advertise for the receipt of bids for the Improvements to the Fire Company #1 and Fire Company #2 Parking Lots Project; and BE IT FURTHER RESOLVED that said bids shall be received at 10 A.M. on Tuesday, May 24, 2022, at Council Chambers in Borough Hall located at 705 Kinderkamack Road, River Edge, at which time and place said bids shall be opened and read aloud; and BE IT FINALLY RESOLVED that said advertisement shall be published in the Friday, May 13, 2022, issue of the Record in accordance with the Local Public Contracts Law. ******** #22-158 Amend contract – Architectural Services – Borough Hall Repair/Renovation Expansion Study – Arcari & Iovino Architects, PC WHEREAS, the Mayor and Council awarded a professional services to Arcari & Iovino Architects, PC, for the Borough Hall Repair/Renovation Initial Phase project via Resolution #22-88 on February 14, 2022; and; WHEREAS, at the conclusion of the April 25th presentation to the Mayor and Council regarding the aforementioned project, the governing body expressed an interest to explore the expansion of the existing footprint of the municipal building; and WHEREAS, the Borough Administrator, Lissette Aportela received a proposal prepared by Arcari & Iovino Architects, PC for professional architectural services on May 3, 2022, for a fee not to exceed $6,000 for the study of expansion options for the Borough Hall; and WHEREAS, a completed Business Entity Disclosure Certification and Political Contribution Disclosure Form are on file in the Borough Clerk’s Office; and WHEREAS, the Chief Financial Officer has certified that funds are available and said certification is attached to the original of this resolution. NOW THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of River Edge, that the professional services contract awarded to Arcari & Iovino Architects, PC, having its principal office at One Katherine Street in Little Ferry, NJ 07643 for architectural services for the Borough Hall Repair/Renovation Initial Phase project awarded on February 14, 2022, via Resolution #22-88 be hereby amended to include the expansion study for a fee not to exceed $6,000; and BE IT FURTHER RESOLVED, that in accordance with NJSA 40A:11-5 (1)(a)(i) the Borough Clerk shall publish a notice of award of this professional services contract stating the nature, duration, service and amount of the contract, and that the resolution and contract are on file and available for public inspection in the Office of the Borough Clerk in the Record. ******** #22-159 Authorize Execution of FY2021 CDBG Grant Agreement – Reservoir Avenue Handicapped Accessible Curbs and Sidewalks BE IT RESOLVED, that the Mayor and Council of the Borough of River Edge wish to enter into a Grant Agreement with the County of Bergen for the purpose of using $75,000 in FY2021 Community Development Block Grant Funds for the Reservoir Avenue Handicapped Accessible Curbs and Sidewalks; and BE IT FURTHER RESOLVED, that the Mayor and Council hereby authorizes Mayor Thomas Papaleo to be a signatory to aforesaid Grant Agreement; and BE IT FURTHER RESOLVED, that the Mayor and Council hereby authorizes Borough Administrator Lissette Aportela to sign all county vouchers submitted in connection with the aforesaid project; and BE IT FURTHER RESOLVED, that the Mayor and Council recognizes that the Borough of River Edge is liable for any funds not spent in accordance with the Grant Agreement; and that the liability of the Mayor and Council is in accordance with HUD requirements. ******** #22-161 Approve Change Order #2 – Interior Renovations, HVAC Replacement, & Project for the River Edge Public Library WHEREAS, via resolution #R21-352, adopted January 18, 2022, the Mayor and Council authorized the award of a contract to Louis Gargiulo Company, Inc., for the Interior Renovations, HVAC Replacement, & Generator Project for the River Edge Public Library in the amount of $627,000.00; and WHEREAS, N.J.A.C. 5:34-4.7 permits change orders for construction, reconstruction and major repair contracts; and  WHEREAS, there is a need to consider Change Order No 2 due to various credits associated with a reduction in the proposed scope of work which resulted in a decrease of $5,565.00; and WHEREAS, the total amount of change orders approved to date including this change order do not exceed the originally awarded contract price by more than 20 percent; and WHEREAS, Change Order No. 2 had been reviewed and approved by the Borough Architect. NOW THEREFORE BE IT RESOLVED by the Mayor and Council of the Borough of River Edge that it does hereby authorize Change Order No. 2, a copy of which is attached hereto; and BE IT FURTHER RESOLVED that the Library Director is hereby authorized to execute Change Order #2; and BE IT FINALLY RESOLVED that this Change Order shall decrease the final contract price from $634,536.50 to $628,971.50. ******** #22-162 Approve Additional Engineering Services – 2021 ADA Ramps at Various Locations WHEREAS, the Mayor and Council authorized engineering services for surveying, design, bid services, project management and inspection services for the 2021 ADA Ramps at Various Locations Project for a cost not to exceed $33,500.00 via Resolution #21-273 on September 27, 2021; and WHEREAS, additional funding is required for the project management, inspection and close out of the project in the amount not to exceed $25,000; and WHEREAS, Chief Financial Officer Chris Battaglia has advised that funding is available. NOW, THEREFORE, BE IT RESOLVED that the Mayor and Borough Council of the Borough of River Edge hereby accepts the attached proposal, dated May 4, 2022, from Borough Engineer, Robert Costa of Costa Engineering Corporation for additional professional engineering services associated with the 2021 ADA Ramps at Various Locations Project for a cost not to exceed $25,000. ******** #22-163 Approve Additional Engineering Services – RRFBs at Various Locations WHEREAS, the Borough Engineer had submitted a proposal to perform additional professional engineering services associated with bid services, project management and inspection services for the 2021 Rectangular Rapid Flashing Beacons (RRFBs) at Various Locations Project for a cost not to exceed $30,000.00; and WHEREAS, Chief Financial Officer Chris Battaglia has advised that funding is available. NOW, THEREFORE, BE IT RESOLVED that the Mayor and Borough Council of the Borough of River Edge hereby accepts the attached proposal, dated May 3, 2022, from Borough Engineer, Robert Costa of Costa Engineering Corporation for additional professional engineering services associated with bid services, project management and inspection services for the 2021 Rectangular Rapid Flashing Beacons (RRFBs) at Various Locations Project for a cost not to exceed $30,000.00. ******** #22-164 Authorize Tax Collector to Prepare and Issue Estimated Tax Bills for 3rd Quarter 2022 Taxes WHEREAS, N.J.S.A 54:4-66.3, pursuant to Section 3 of P.L 1994 c. 72 and 54:4:4-66.2, the governing body has determined that the Tax Collector will be unable to complete the mailing and delivery of the tax bills due to the absence of a certified tax rate; and  WHEREAS, the Tax Collector in consultation with the Chief Financial Officer has computed an estimated tax levy in accordance with N.J.S.A. 54:4-66.3, and has signed a certification showing the tax levies for the previous year, the tax rates and the range of permitted estimated tax levies; and WHEREAS, in accordance with Chapter 72, P.L. 1994, the Tax Collector requests the Council to approve the estimated tax levy; which is between the mandated estimated range proposed by the Local Government Services. Approval will enable the Borough to meet its financial obligations, maintain the tax collection rate, provide uniformity for tax payments and save the unnecessary cost of interest on borrowing, NOW, THEREFORE, BE IT RESOLVED, that the Governing Body of the Borough of River Edge, County of Bergen, State of New Jersey, hereby authorizes that: 1. The Tax Collector is hereby authorized and directed to prepare and issue estimated tax bills for the Borough for the third installment of 2022 taxes. The entire estimated tax levy for 2022 is hereby set at $55,358,971.12. The estimated tax rate for 2022 is hereby set at 3.723. 2. In accordance with law, the third installment of 2022 taxes shall not be subject to interest until the later of August 10 or the twenty-fifth day after the date the estimated tax bills were mailed. The estimated tax bills shall contain a notice specifying the date on which interest may begin to accrue. BE IT FURTHER RESOLVED, that a copy of this resolution shall be forwarded to the Tax Collector and Chief Financial Officer for their records. ******** #22-165 Approve the Hire of a Part-time Senior Bus Driver in the Department of Public Works BE IT RESOLVED by the Governing Body of the Borough of River Edge that Ozod Freeman be and he is hereby hired as a part-time Senior Bus Driver in the Department of Public Works at an hourly rate of $20.28 up to 29 hours per week with a (6) six-month probationary period, effective May 9, 2022. ******** #22-166 Payment of Bills Council President Kaufman read resolution #22-166 into the record: At a Regular Meeting of the Mayor and Council of the Borough of River Edge, County of Bergen, State of New Jersey, held on May 9, 2022. BE IT RESOLVED, that the Mayor and Council of the Borough of River Edge approve the following expenditures. CURRENT FUND $5,696,913.98 CAPITAL FUND $ 20,555.38 ANIMAL CONTROL FUND $ 12.00 TRUST OTHER FUND $ 42,901.40 OPEN SPACE FUND $ 403.00 PAYROLL FUND $ 1,313.76 DEVELOPER’S ESCROW FUND $ 3,342.50 RECREATION TRUST FUND $ 6,634.79 Motion by Council President Kaufman, second by Councilwoman Montisano-Koen, that Resolution #22-166 be approved. The vote was recorded as follows: Councilwoman Busteed: absent Councilwoman Kinsella: aye Councilman Chinigo: absent Councilwoman Malellari aye Council President Kaufman: aye Councilwoman Montisano-Koen: aye ******** NEW BUSINESS – There was no New Business. OLD BUSINESS – Update on Construction Projects Please see the attached status report for 2021 and 2022 construction projects. Farmers Market Council President Kaufman advised that she contacted all municipalities within Bergen County that have a Farmers Market and reported on her findings. She noted that Ramsey referred her to a coffee roaster who would like to work with the Borough. She advised that there is a New Jersey Council of Farmers & Communities that is willing to email a list of its members for a $300 fee which is refundable if a farmer is unable to be secured. She advised that she also has a call out to the farmer who works for Englewood to determine whether he has the capacity to assist. She recommended that they start with a small farmers market and suggested the possibility that the farmer manage it. She inquired whether the governing body would like to pay the $300 fee to the New Jersey Council of Farmers & Communities. Borough Administrator Aportela confirmed that there is funding available in the budget to cover this fee. There was discussion about the rate to charge vendors who wish to participate. There was also discussion regarding the food licensing component that would be involved. It was agreed that the recommendation of the Health Department would be followed in that regard. Councilwoman-Montisano Koen advised that the Library is comfortable with use of their parking lot provided that timing is coordinated and the small lot is not impacted. There was discussion regarding where the vendors will be located within the parking lot and the need for coordination with the DPW to account for trash that may be generated. It was agreed that the end of June would be the target date for the Farmers Market to commence. PUBLIC COMMENTS – Motion by Council President Kaufman, second by Councilwoman Kinsella, and all members present voting in favor, to open public comments. No one came forward. Motion by Council President Kaufman, second by Councilwoman Kinsella, and all members present voting in favor, to close public comment. COUNCIL COMMENTS – Mayor Papaleo announced that both Councilman Chinigo and Councilwoman Busteed were unavoidably unable to attend this meeting. CLOSED SESSION – There being no further business to come before the Council, on a motion from Council President Kaufman, seconded by Councilwoman Kinsella, and all present voting in favor, the meeting was adjourned to the Closed Executive Session via Resolution #22-167 at 7:47 pm. #22-167 Resolution to Go Into Closed Session and Exclude Public WHEREAS, the Open Public Meetings Act, NJSA 10:4-12 permits the exclusion of the public from a meeting in certain circumstances; and  WHEREAS, this public body is of the opinion that such circumstances presently exist. NOW, THEREFORE BE IT RESOLVED by the Mayor and Council of the Borough of River Edge, County of Bergen, State of New Jersey, as follows: 1. That the public shall be excluded from the May 9, 2022, special meeting and discussion of the hereinafter specified subject matter: Closed Session Statutory Docket # Item Title or Description Reference 22-5/9-1 Attorney Client Privilege - N.J.S.A. 10:4-12(b)(7) Conveyance of Deed 22-5/9-2 Personnel Matter – Department of N.J.S.A. 10:4-12(b)(8) Public Works 2. Formal action may/may not be taken. 3. Minutes will be kept and once the matter involving the confidentiality of the above no longer requires that confidentiality, then the minutes can be made public. ADJOURNMENT – There being no further business to come before the Mayor and Council, on a motion by Councilwoman Kinsella, second by Councilwoman Montisano-Koen, and unanimously carried, to adjourn this meeting. The meeting was adjourned at 8:04 p.m. Respectfully submitted, Anne Dodd, RMC Borough Clerk  BOROUGH OF RIVER EDGE ORDINANCE #22-10 AN ORDINANCE TO AMEND CHAPTER 79 OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF RIVER EDGE, ENTITLED “RECREATION AND CULTRUAL AFFAIRS, DEPARTMENT OF”. BE IT ORDAINED by the Mayor and Council of the Borough of River Edge: Section 1. Section 79-12 entitled “Establishment; membership; liaison”, of the Cultural Affairs Advisory Committee, subsection D shall be amended by the following: Remove: The remaining members shall be appointed by the Mayor with the advice and consent of the Council. They shall be residents of the Borough of River Edge and shall not be employed by the Borough and shall not currently be serving on any other Borough board or commission. Add: The remaining members shall be appointed by the Mayor with the advice and consent of the Council. They shall be residents of the Borough of River Edge and shall not be employed by the Borough and shall not currently be serving on the Recreation Commission. Section 2. Any and all other ordinances or parts thereof in conflict or inconsistent with any of the terms hereof are hereby repealed to such extent as they are so in conflict or inconsistent. Section 3. In case any article, section or provision of this ordinance shall be held invalid in any court of competent jurisdiction, the same shall not affect any other article, section or provision of this ordinance except insofar as the article, section or provision so declared invalid shall be inseparable from the remainder or any portion thereof. Section 4. This Ordinance shall take effect immediately upon final passage and publication as required by law. INTRODUCED: ADOPTED: Year Project Status 2021 Continental Avenue/Library Parking Lot Contractor is working on the planting proposal as per the STC – they want certain types of bushes between the parking lot and Continental. 40% of punch list items remain. KBG No update since 4/25 North Train Station Lot Contractor started today – project is expected to take 3 weeks. 2021 ADA ramps The project started on 4/25 – as of today, the contractor is 65% complete. Bogert Road – Section 5 No update since 4/25 2021 RRFB No update since 4/25 2022 Bogert Road – Section 6 No update since 4/25 2022 ADA Ramps Resolution authorizing receipt of bid with the paving of Fire Co #1 & #2 parking lots listed tonight. 2022 Paving Program All participating municipalities are waiting for their individual bid results – Northvale awarded the master contract. A preconstruction meeting will be held tomorrow. Voorhis Drainage May 23rd meeting. CDBG – Reservoir Sidewalk Improvements Resolution authorizing execution of grant agreement listed tonight.