Mayor & Council

MINUTES Mayor and Council Regular Meeting January 23, 2023 6:00 P.M. CALL TO ORDER – A Regular Meeting of the Mayor and Council of the Borough of River Edge was held virtually via Zoom. The meeting was called to order at 6:02 p.m. by Mayor Thomas Papaleo. SILENT PRAYER – FLAG SALUTE Mayor Papaleo asked for a moment of silence for the victims of the Lunar New Year celebration as well as those with mental illness and expressed hope for more reasonable gun control measures. He then 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 9th and 16th 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: Councilman Chinigo, Council President Kaufman, Councilwoman Montisano-Koen, Councilwoman Kinsella, Councilman Benson and Mayor Papaleo. ABSENT: Councilwoman Malellari ALSO PRESENT: Borough Administrator Lissette Aportela Borough Attorney Thomas Sarlo, Esq. CLOSED SESSION – On a motion from Councilman Chinigo, seconded by Councilwoman Kinsella, and all present voting in favor, the meeting was adjourned to the Closed Executive Session via Resolution #23- 58 at 6:05 pm. #23-58 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 January 23, 2023, regular meeting and  discussion of the hereinafter specified subject matter: A. Attorney-Client Privilege – N.J.S.A. 10:4-12(b)(7) 1. Borough Hall Status 2. Department Reorganization 3. Shared Services Agreement 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. The meeting resumed at 8:17 p.m. ROLL CALL PRESENT: Councilman Chinigo, Council President Kaufman, Councilwoman Montisano-Koen, Councilwoman Kinsella, Councilman Benson and Mayor Papaleo. ABSENT: Councilwoman Malellari ALSO PRESENT: Borough Administrator Lissette Aportela Borough Attorney Thomas Sarlo, Esq. APPROVAL OF MINUTES – On a motion by Councilwoman Montisano-Koen, seconded by Councilman Chinigo, with Councilman Benson abstaining from the Minutes of the Sine Die Meeting of January 4, 2023 and all other members present voting in favor, that the Minutes of the Mayor and Council Sine Die Meeting of January 4, 2023 and Mayor and Council Reorganization Meeting of January 4, 2023 are hereby approved PROCLAMATIONS & AWARDS Proclamation Declaring January 29th – February 4, 2023 as Catholic Schools Week Mayor Papaleo read the following proclamation into the record: PROCLAMATION WHEREAS, St. Peter Academy plays an important role in our community by furnishing our leaders of tomorrow with basic human, moral and spiritual foundations; and WHEREAS, St. Peter Academy strengthens the community and nation by keeping viable the right to freedom of religion, under law; and WHEREAS, St. Peter Academy is intended to fulfill the threefold purpose of message, community and service; and WHEREAS, the NCEA (National Catholic Educational Association) has declared the week of January 29, 2023 through February 4, 2023 as Catholic Schools Week in the United States of America, with their theme being  “Catholic Schools: Faith. Excellence. Service.” NOW, THEREFORE, BE IT RESOLVED that I, Thomas Papaleo, Mayor of the Borough of River Edge, in recognition thereof, do hereby proclaim: January 29th through February 4, 2023 as: Catholic Schools Week Mayor Papaleo acknowledged all catholic schools throughout New Jersey, especially St. Peter Academy, for all the work that they do in educating the youth. PUBLIC COMMENTS ON ANY ITEM ON THIS AGENDA – On motion by Councilwoman Kinsella, seconded by Councilman Chinigo, 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 Council President Kaufman, seconded by Councilwoman Montisano-Koen, and all present voting in favor, to close public comments on any item on the agenda. APPOINTMENTS & PERSONNEL CHANGES – On motion by Councilman Chinigo, seconded by Councilwoman Kinsella, and all members present voting in favor, to approve the following appointments and personnel changes: Approve the retirement of Michael Shouldis, Police Officer effective December 31, 2022. Accept the resignation of Carolyn Baldanza, Director of Recreation & Cultural Affairs, effective January 16, 2022. Approve the appointment of Shannon Lynch to the Traffic & Safety Committee for a 3-year term through December 31, 2025 effective January 23, 2023. Approve the appointment of Marie Papaleo as Chair of the Green Team through December 31, 2023. In order to allow the Green Team to apply for certain grants and for documentation purposes, Mayor Papaleo explained that there was a need to appoint a Chair to the Green Team at this time Mayor Papaleo administered to the Oath of Office to Shannon Lynch who was present. Ms. Lynch commented that she is happy to help out in the community where she can and stated that she looks forward to the first Traffic & Safety Meeting. MONTHLY REPORTS – Mayor Papaleo advised that the following reports are on file in the Office of the Borough Clerk and available for review: Library Board - January 2023 Fire Prevention - October-December 2022  Tax Collector - December 2022 Land Use Board - December 14, 2022 FIRST READING – ORDINANCES – Ordinance #23-2 Motion by Council President Kaufman that the following ordinance be introduced and passed on first reading and setting February 16, 2023 at 7:00 p.m. or as soon thereafter as the as the matter can be heard as the date and time and Zoom as the virtual platform for a hearing on said ordinance. Second by Councilman Chinigo. Mayor Papaleo read the title of the ordinance into the record: Ordinance #23-2 An Ordinance to Amend Chapter 206 of the Revised General Ordinances of the Borough of River Edge Entitled Fees Borough Administrator Aportela explained that this ordinance clarifies one portion of the fee schedule relating to Police Outside Duty and establishes Land Use Board fees to be codified for audit purposes. On a roll call, the vote was recorded as follows: Councilman Chinigo: aye Councilwoman Kinsella: aye Council President Kaufman: aye Councilwoman Malellari absent Councilwoman Montisano-Koen: aye Councilman Benson: aye (See Ordinance #23-2 attached and made a part hereof.) SECOND READING & HEARING ON ORDINANCES Ordinance #23-1 Mayor Papaleo read into the record: The following ordinance published herewith was first read by title only on January 4, 2023 and posted on the bulletin board of the municipal building. Ordinance #23-1 An Ordinance to Fix the Salary, Wage and Compensation of the Officers and Employees of the Borough of River Edge, in the County of Bergen and State of New Jersey for the Year 2023. Public Comments on Ordinances 23-1 Motion by Council President Kaufman, second by Councilwoman Kinsella, and all members voting in favor, to open the floor to the public on Ordinance #23-1. Borough Administrator Aportela explained that the purpose of this ordinance is to establish the salary ranges for non-represented Borough employes. She noted that the actual salaries will be discussed during the budget hearings. No one came forward. Motion by Councilwoman Montisano-Koen, second by Council President Kaufman, to close the floor to the public on Ordinance #23-1. Motion by Councilwoman Montisano-Koen, second by Councilwoman Kinsella, that Ordinance #23-1 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: Councilman Chinigo: aye Councilwoman Kinsella: aye Council President Kaufman: aye Councilwoman Malellari absent Councilwoman Montisano-Koen: aye Councilman Benson: aye RESOLUTIONS - By Consent a. #23-59 Authorize Shared Services Agreement – County of Bergen – Animal Control Services b. #23-60 Authorizing the Assignment of a Developer’s Agreement with ILBJ, LLC to Dark Sky Development, LLC for the Development of 335 Johnson Avenue (Block 1405, Lot 3) and Directing Execution of the Assignment of Developer’s Agreement c. #23-61 Authorize Redemption and Disbursement of Tax Sale Certificate d. #23-62 Confirm 2023 Salaries for the Department of Public Works e. #23-63 Award Contract – Architects & Engineering Services – River Edge Police Department HVAC Replacement – Arcari & Iovino Architects, PC f. #23-64 Appoint Redacting Officers to Comply with Daniel’s Law g. #23-65 Authorize Tax Collector to Decrease the 2022 Prorated Added Assessment to a County Board Judgment and Transfer 2022 Tax Overpayment to the 1st Quarter 2023 h. #23-66 Approve Job Descriptions for the Department of Public Works i. #23-67 Approve the Appointment of a Volunteer Firefighter j. #23-68 Approve the Appointment of a Volunteer Firefighter k. #23-69 Transfer of Funds in the Budget Appropriation Reserve l. #23-70 Approve Change Order #1-Fire Department Co. #2 – Interior Renovation m. #23-71 Authorize Escrow Money Refund n. #23-72 Enter into a Shared Service Agreement – County of Bergen – Employee Assistance Program o. #23-73 Authorize Submission of Grant Application to New Jersey Department of Community Affairs Local Recreation Improvement Grant Program for Memorial Park Playground & Walking Path Project Phase I Motion by Councilman Benson, second by Council President Kaufman, that the Consent Agenda be approved. Councilwoman Montisano-Koen inquired whether the Police Department HVAC Replacement is a part of the Borough Hall Repair project. Borough Administrator Aportela confirmed that it is a separate project which also entails replacement of the roof due to a leak that occurred last year. Mayor Papaleo noted that receipt of a bond was awaited in connection with Resolution #23-60 and asked for confirmation that this bond has been received. Borough Administrator Aportela explained that, as per the Land Use Attorney, the Assignment Agreement is needed for the parties to close, and once this step takes place, a new bond and escrow will be issued. The vote was recorded as follows: Councilman Chinigo: aye Councilwoman Kinsella: aye Council President Kaufman: aye Councilwoman Malellari absent Councilwoman Montisano-Koen: aye Councilman Benson: aye ******** #23-59 Authorize Shared Service Agreement – County of Bergen – Animal Control Services WHEREAS, the Borough of River Edge is in need of Animal Control Services; and WHEREAS, the Bergen County Department of Health Services is offering a four-year Shared Service Agreement for Animal Control Services in the following amounts on a per resident basis: 2023 - $18,675.95 (12,049 residents x $1.55) 2024 - $19,037.42 (12,049 residents x $1.58) 2025 - $19,398.89 (12,049 residents x $1.61) 2026 - $19,639.87 (12,049 residents x $1.63) WHEREAS, the Chief Financial Officer has certified that funds are available for this agreement in the 2023 municipal budget and will be made available in the 2024, 2025 and 2026 municipal budgets. NOW, THEREFORE, BE IT RESOLVED that the Mayor and Clerk are hereby authorized to execute said agreement. ******** #23-60 Authorizing the Assignment of a Developer’s Agreement with ILBJ, LLC to Dark Sky Development, LLC for the Development of 335 Johnson Avenue (Block 1405, Lot 3) and Directing Execution of the Assignment of Developer’s Agreement WHEREAS, ILBJ, LLC is the current Owner and the Developer of certain property designated as Block 1405, Lot 3 (the “Property”); and WHEREAS, ILBJ, LLC previously obtained land use approvals from the Borough of River Edge Municipal Land Use Board, pursuant to a Resolution adopted on August 13, 2018, which required ILBJ, LLC to enter into a Developer’s Agreement with the Borough of River Edge (the “Borough”) and to post Performance Guarantees for the development of the Property; and WHEREAS, the Borough and ILBJ, LLC entered into a Developer’s Agreement dated August 13, 2018, with respect to the development of the Property; and WHEREAS, the Developer’s Agreement permits ILBJ, LLC to assign the rights and obligations under the Agreement to another entity with the Borough’s consent; and  WHEREAS, ILBJ, LLC’s counsel has advised that Dark Sky Development, LLC is the contract purchaser of the Property; and WHEREAS, Dark Sky Development, LLC has agreed to assume responsibility for completing development of the Property from ILBJ, LLC as a successor developer; and WHEREAS, Dark Sky Development, LLC has agreed to assume all the rights and obligations of the original Developer’s Agreement entered into between the Borough and ILBJ, LLC; and WHEREAS, the Mayor and Council desire to enter into an Assignment of Developer’s Agreement with ILBJ, LLC and Dark Sky Development, LLC to memorialize Dark Sky Development, LLC’s rights and obligations associated with the continued development of the Property. NOW, THEREFORE, BE IT RESOLVED by the Borough Council of the Borough of River Edge, in the County of Bergen and State of New Jersey, as follows: 1. The Mayor and Borough Clerk are hereby authorized and directed to execute the Assignment of Developer’s Agreement with ILBJ, LLC and Dark Sky Development, LLC in a form acceptable to the Borough Counsel. 2. The Assignment of Developer’s Agreement is expressly conditioned upon acceptance by the Borough of a replacement performance guarantee and escrow deposits. 3. A copy of this Resolution shall be provided to the Borough of River Edge Municipal Land Use Board, ILBJ, LLC and Dark Sky Development, LLC for their information and guidance. 4. A copy of the Assignment of Developer’s Agreement shall remain on file in the Borough Clerk’s office and available for public inspection. 5. This Resolution shall take effect immediately. ******** #23-61 Authorize Redemption and Disbursement of Tax Sale Certificate WHEREAS, at the Tax Sale held on December 14, 2021, Certificate #21-00002 was sold to ATCF II NEW JERSEY LLC, TAXSERV AS CUST on the property known as 800 Summit Avenue, River Edge, New Jersey, Block: 206 Lot: 11, owner of record: Korteweg, Anthony L. & Virginia; and WHEREAS, ATCF II NEW JERSEY LLC, TAXSERV AS CUST, had also paid a premium in the amount of $297,600.00 which was held in escrow by the Borough of River Edge; and WHEREAS, ATCF II NEW JERSEY LLC, assigned Certificate #21-00002 to TRYSTONE CAPITAL ASSETS, LLC on September 20, 2022; and WHEREAS, Law Offices of Justin D. DeCrescente, attorney for the owner Virginia Korteweg, has requested a redemption amount on the above certificate as of January 23, 2023 and has submitted certified funds in the amount of $135,249.03 to redeem the above lien. NOW, THEREFORE, BE IT RESOLVED, that the Accounts Supervisor is hereby authorized to issue two checks, one in the amount of $135,249.03 for the redemption of the lien and one in the amount of $297,600.00, for the premium, which was held in escrow, both payable to TRYSTONE CAPITAL ASSETS, LLC, and the Tax Collector to redeem the lien and adjust her records accordingly. Please make the checks payable to: TRYSTONE CAPITAL ASSETS, LLC PO Box 1030 Brick, NJ 08723 ******** #23-62 Confirm 2023 Salaries for the Department of Public Works BE IT RESOLVED that the following employees of the Department of Public Works be compensated in accordance with Ordinance #22-14 and the Collective Bargaining Agreement between the International Brotherhood of Teamsters, Local 125 and the Borough of River Edge retroactive to January 1, 2023, as follows: EMPLOYEE POSITION SALARY CAMERA, WILLIAM MECHANIC – STEP 10 $94,166.00* TARPEY, ROGER GENERAL REPAIRER – $79,947.00* STEP 7 SCHULTZ, ERIC OPERATOR – STEP 10 $87,740.00* ** DUARTE, JAIRO LABORER – STEP 10 $80,700.00* GALLAGHER, FRANCIS LABORER – STEP 10 $80,700.00* MORSE, KENNETH TREE TRIMMER – STEP 10 $86,780.00* ** STITZ, PETER MECHANIC – STEP 10 $91,766.00 DEKKER, DANIEL OPERATOR – STEP 5 $72,687.00 PHILLIPS, ERIC TREE TRIMMER – STEP 9 $82,907.00** MULLEN, BENJAMIN LABORER – STEP 5 $60,761.00** NAEM, ANTHONY G GENERAL REPAIRER – $72,687.00 STEP 5 POLANDICK, LABORER – STEP 3 $52,856.00 MATTHEW HEMMENDINGER, LABORER – STEP 1 $45,450.00 PAUL FARLEY, MATTHEW LABORER – STEP 1 $45,450.00 PEREZ, PEDRO LABORER – STEP 1 $45,450.00 RIGNEY, MARK LABORER – STEP 1 $45,450.00 O’BOYLE, KEVIN SENIOR TRANSPORTATION $25.25/HOUR – BUS DRIVER * inclusive of longevity ** inclusive of stipends as per CBA ******** #23-63 Award Contract – Architectural & Engineering Services – River Edge Police Department HVAC Replacement Arcari & Iovino Architects, PC WHEREAS, the Mayor and Council has resolved to award a professional services contract for architectural and engineering services for the River Edge Police Department HVAC Replacement through a non-competitive process pursuant to N.J.S.A. 19:44A-20.5; and WHEREAS, the Borough Administrator, Lissette Aportela received a proposal prepared by Arcari & Iovino Architects, PC for professional for architectural and engineering services relating to the replacement of the Police Department 7 HVAC rooftop units, which includes design, bidding, and construction administration on August 10, 2022, for a fee not to exceed $42,000 for this project; and WHEREAS, the Local Public Contracts Law (N.J.S.A. 40A:11-5) authorizes the execution of such a professional services contract without competitive bidding; and WHEREAS, Anthony Iovino, AIA, PP, LEED of Arcari & Iovino Architects, PC has completed and submitted a Business Entity Disclosure Certification which certifies that he and his architectural firm 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 architectural firm from making any such reportable contributions through the term of the contract; 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 a professional services contract be awarded to Arcari & Iovino Architects, PC, having its principal office at One Katherine Street in Little Ferry, NJ 07643 for professional architectural and engineering services for design, bidding, and construction administration for the River Edge Police Department Company HVAC replacement project for a fee not to exceed $42,000; and BE IT FURTHER RESOLVED that the Business Entity Disclosure and the Determination of Value be placed on file with this Resolution; and BE IT FINALLY 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. ******** #23-64 Appoint Municipal Redactors to Comply with Daniel’s Law WHEREAS, Daniel’s Law was signed into law in November 2020 amending the Open Public Records Act (OPRA) and other statutes to prohibit the disclosure of home addresses or unpublished telephone numbers of certain active and retired law enforcement officers, judicial officers, prosecutors, and their immediate family members (“Covered Persons”); and WHEREAS, municipal government agencies must redact residential data from their public-facing websites as well as paper records within their control for Covered Persons who have been approved for redaction by the Office of Information Privacy; and WHEREAS, there is a need to appoint a Municipal Redactor as well as Backup Redactors in order to comply with Daniel’s Law. NOW, THEREFORE, BE IT RESOLVED that Anne Dodd is hereby appointed as Municipal Redactor for the Borough of River Edge and shall register with the Office of Information Privacy; and BE IT FURTHER RESOLVED, that Judy O’Connell, Debra Mati, and James Anzevino be appointed as Backup Redactors. ******** #23-65 Authorize Tax Collector to Decrease the 2022 Prorated Added Assessment Due to a County Board Judgment and Transfer 2022 Tax Overpayment to the 1st Quarter of 2023 WHEREAS, the Tax Office has received an Added Assessment County Board Judgment for the year 2022 on the following property reducing the prorated assessed value from $8,025.00 to $3,000.00 which reduces the billed amount from $6,052.35 to $5,866.42 for 2022; and WHEREAS, the 2022 billed amount of $6,052.35 has been paid creating an overpayment of $185.93; and WHEREAS, the home owner authorized the tax collector to transfer this overpayment to the 1st Quarter of 2023. NOW, THEREFORE BE IT RESOLVED, that the Tax Collector adjust her records by transferring the $185.93 2022 tax overpayment to the 1st Quarter of 2023. Block/Lot __ Owner/Property Tax Year Credit to 1Q 2023 1108/34 Papiris, Dimitrios & Julia 2022 $185.93 330 Taft Road River Edge, NJ 07661 #23-66 Approve Job Descriptions for the Department of Public Works BE IT RESOLVED, by the Mayor and Council of the Borough of River Edge that the attached job descriptions for the personnel of the Department of Public Works are hereby approved. ******** #23-67 Approve the Appointment of a Volunteer Firefighter BE IT RESOLVED by the Governing Body of the Borough of River Edge that Jameson Funsch be and he is hereby appointed as a Volunteer Firefighter in the River Edge Volunteer Fire Department effective January 23, 2023. ******** #23-68 Approve the Appointment of a Volunteer Firefighter BE IT RESOLVED by the Governing Body of the Borough of River Edge that Jeff Krakower be and he is hereby appointed as a Volunteer Firefighter in the River Edge Volunteer Fire Department effective January 23, 2023. ******** #23-69 Transfer of Funds in the Budget Appropriation Reserve WHEREAS, various 2022 bills have been presented for payment this year, which bills were not covered by a purchase order number and/or recorded in the time of transfer between the 2022 Budget Appropriation Reserve in the last two months of 2022; and WHEREAS, N.J.S. 40A:4-59 provides that all unexpended balances carried forward after the close of the year are available, until lapsed at the close incurred during the preceding fiscal year, and allow transfers to be made from unexpended balances which are expected to be insufficient during the first three months on the succeeding year. NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the Borough of River Edge that the transfer in the amount of $16,700.00 be made between the 2022 Budget Appropriation Reserves as follows: TO: Petroleum Products Diesel Fuel 2-01-31-447-166 $3,000.00 Petroleum Products Gasoline 2-01-31-447-168 $1,700.00 Recreation S&W 2-01-28-370-012 $12,000.00 FROM: Building & Grounds 2-01-26-310-187 $ 4,700.00 Public Works S&W 2-01-26-290-012 $12,000.00 ******** #23-70 Approve Change Order #1 – Fire Department Co. #2 – Interior Renovations WHEREAS, via resolution #R22-300, adopted October 24, 2022, the Mayor and Council authorized the award of a contract to Lanyi & Tevald, Inc., for the Fire Department Co. #2 – Interior Renovations Project in the amount of $268,000.00; 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 1 due to the need to provide and install a raised stone countertop as the existing wood materials cannot be salvaged which resulted in an increase of $647.96; and WHEREAS, the total amount of change orders approved to date including this change order do not exceed the originally awarded contract price by more than 20 percent; and WHEREAS, Change Order No. 1 has 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. 1, a copy of which is attached hereto. BE IT FURTHER RESOLVED that the Borough Administrator is hereby authorized to execute Change Order #1. BE IT FURTHER RESOLVED that this Change Order shall increase the final contract price from $268,000.00 to $268,647.96. ******** #23-71 Authorize Escrow Money Refund 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 DESCRIPTION REFUND John J. Veteri, Jr. Attorney Trust Account, 1405 3 c/o ILBJ LLC $20,000.00 3 University Plaza, Suite 207 Hackensack, New Jersey 07601 ******** #23-72 Enter into a Shared Service Agreement – County of Bergen – Employee Assistance Program WHEREAS, the Borough of River Edge is in need of an Employee Assistance Program; and WHEREAS, the Department of Health Services is offering a Shared Service Agreement for the provision of an Employee Assistance Program for the year 2023 in the amount of $3,270.75. WHEREAS, the Chief Financial Officer has certified that funds are available for this agreement in the 2023 municipal budget. NOW, THEREFORE, BE IT RESOLVED that the Mayor and Clerk are hereby authorized to execute said agreement. ******** #23-73 AUTHORIZE SUBMISSION OF GRANT APPLICATION TO NEW JERSEY DEPARTMENT OF COMMUNITY AFFAIRS LOCAL RECREATION IMPROVEMENT GRANT PROGRAM FOR MEMORIAL PARK PLAYGROUND & WALKING PATH PROJECT PHASE I WHEREAS, the Borough of River Edge desires to apply for and obtain a grant from the New Jersey Department of Community Affairs for approximately $100,000 to carry out a project to purchase and install new playground equipment and walking paths in Memorial Park. BE IT THEREFORE RESOLVED, 1) that the Borough of River Edge does hereby authorize the application for such a grant; and, 2) recognizes and accepts that the Department may offer a lesser or greater amount and therefore, upon receipt of the grant agreement from the New Jersey Department of Community Affairs, does further authorize the execution of any such grant agreement; and also, upon receipt of the fully executed agreement from the Department, does further authorize the expenditure of funds pursuant to the terms of the agreement between the Borough of River Edge and the New Jersey Department of Community Affairs. BE IT FURTHER RESOLVED, that the persons whose names, titles, and signatures appear below are authorized to sign the application, and that they or their successors in said titles are authorized to sign the agreement, and any other documents necessary in connection therewith: ____________________________(signature)________________________________(signature) Thomas Papaleo, Mayor Lissette Aportela, Borough Administrator ******** #23-74 Payment of Bills Council President Kaufman read resolution #23-74 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 January 23, 2023. BE IT RESOLVED, that the Mayor and Council of the Borough of River Edge approve the following expenditures. CURRENT FUND $6,531,338.94 CAPITAL FUND $ 273,944.78 GRANT FUND $ 39,330.50 TRUST OTHER FUND $ 15,324.75 DEVELOPER’S ESCROW FUND $ 1,527.50 SELF INSURANCE FUND $ 10,565.80 Motion by Council President Kaufman, second by Councilman Chinigo, that Resolution #23-74 be approved. The vote was recorded as follows: Councilman Chinigo: aye Councilwoman Kinsella: aye Council President Kaufman: aye Councilwoman Malellari absent Councilwoman Montisano-Koen: aye Councilman Benson: aye ******** NEW BUSINESS – There was no New Business. OLD BUSINESS – Girls’ Softball Field Mayor Papaleo announced that the Borough is still moving forward with the girls’ softball field, advising that this matter was discussed during Closed Session. He expressed his belief that there will be one final Closed Session on this matter at the next meeting. PUBLIC COMMENTS – Motion by Council President Kaufman, second by Councilwoman Kinsella, and all members present voting in favor, to open public comments. Council President Kaufman noted that a question from a Zoom attendee named Mike was entered into the Chat window to inquire whether there are any plans for a softball field in Memorial Park. Mayor Papaleo advised that there are no plans for Memorial Park at this time. Motion by Councilwoman Kinsella, second by Councilman Benson, and all members present voting in favor, to close public comment. COUNCIL COMMENTS – None. CLOSED SESSION – On a motion from Councilman Benson, seconded by Councilwoman Montisano-Koen, and all present voting in favor, the meeting was adjourned to the Closed Executive Session via Resolution #23-75 at 8:37 p.m. #23-75 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 January 23, 2023, regular meeting and discussion of the hereinafter specified subject matter: A. Attorney-Client Privilege – N.J.S.A. 10:4-12(b)(7) 1. Department Reorganization 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 Councilman Chinigo, second by Councilwoman Kinsella, and unanimously carried, to adjourn this meeting. The meeting was adjourned at 8:37 p.m. Respectfully submitted, Anne Dodd, RMC Borough Clerk  BOROUGH OF RIVER EDGE ORDINANCE #23-02 AN ORDINANCE TO AMEND CHAPTER 206 OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF RIVER EDGE, ENTITLED FEES. BE IT ORDAINED by the Mayor and Council of the Borough of River Edge that the following amendments to Section 206-2 entitled “Schedule of Fees” are hereby approved: Section 1. Subsection L shall be amended by the following: Delete: L. Police outside duty: $135 per hour. Add: L. Police outside duty: (1) For commercial entities and utility companies- $135 per hour with a 4-hour minimum (2) For all other entities - $135 per hour Section 2. Subsection EE shall be amended by the following: Delete: Variance applications $300 (3 or fewer variances) Bulk variances $300 for an application requesting three or less variances, and an additional $150 per variance for each variance application requesting more than three variances. Use variances An application of $1000, a minimum of $1,500 in escrow Each additional variance over 3 $150 Add: Variance applications $350 (3 or fewer variances) Bulk variances $350 for an application requesting three or less variances, and an additional $200 per variance for each variance application requesting more than three variances. Use variances An application of $1500, a minimum of $2,000 in escrow Each additional variance over 3 $200 Legal Escrow $450  Section 3. Subsection LL shall be created with the following: LL. Land Use Board – Planning (Commercial) Fees: (1) Application Fee $500 (2) Escrow Fees: Minor Site Plan: For development application where the square footage of the building(s) is not greater than 3,000 sq. feet. Engineering Escrow $2,000 Legal Escrow $1,500 Planner Escrow $1,000 Major Site Plan: For development applications where the square footage of the building(s) is in excess of 3,000 sq. feet. Engineering Escrow $5,500 Legal Escrow $3,000 Planner Escrow $3,000 Minor Sub-Division: For development of three or less lots as defined by Borough Ordinance Engineering Escrow $2,000 Legal Escrow $1,000 Planner Escrow $1,000 Major Sub-Division: For development of more than three lots as defined by Borough Ordinance Engineering Escrow $5,000 Legal Escrow $3,000 Planner Escrow $3,000 Use Variances: Engineering Escrow $2,000 Legal Escrow $2,000 Planner Escrow $2,000 Section 4. 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 5. 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 6. This Ordinance shall take effect immediately upon final passage and publication as required by law. INTRODUCED: ADOPTED: ___________________________________ Thomas Papaleo, Mayor ATTEST: _________________________________ Anne Dodd, RMC, CMR Borough Clerk/Assistant Administrator