Mayor & Council

MINUTES Mayor and Council Regular Meeting May 8, 2023 6:30 P.M. CALL TO ORDER – A Regular Meeting of the Mayor and Council of the Borough of River Edge was held virtually via Zoom. The meeting was called to order at 6:30 p.m. by Mayor Thomas Papaleo. SILENT PRAYER – FLAG SALUTE Mayor Papaleo asked for a moment of silence for all those who have again been victims of a mass shooting in the United States. He also asked to remember that those who are suffering from mental illness well as family members who live with them and share the burden of their journey. 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 April 28th of 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 (arrived at 6:40 p.m.), Councilwoman Malellari, Councilman Benson and Mayor Papaleo. ABSENT: None ALSO PRESENT: Borough Administrator Lissette Aportela Borough Attorney Thomas Sarlo, Esq. APPROVAL OF MINUTES – On motion by Council President Kaufman, seconded by Councilwoman Malellari, and other members present voting in favor, that the Minutes of the Mayor and Closed Session Meeting of April 10, 2023 and Minutes of the Mayor and Council Regular and Closed Session Meeting of April 24, 2023 are hereby approved. PROCLAMATIONS & AWARDS Proclamation Declaring May 2023 as Mental Health Awareness Month Mayor Papaleo announced that Arlene Faustini, Public Health Nurse and member of the Stigma Free Committee, is present this evening to accept this proclamation. He read the proclamation into the record:  PROCLAMATION WHEREAS, mental health is essential to everyone’s overall health and well -being, and all people experience times of difficulty and stress in their lives and should feel comfortable in seeking help and support to manage these times; and WHEREAS, like physical illness, mental illness is a medical condition that can be treated effectively through prevention, early identification and early intervention and with effective treatment, all individuals with mental illness can make progress toward recovery and lead full productive lives; and WHEREAS, the COVID-19 pandemic has created a multitude of mental health challenges for our community members of all ages, and connecting people to care is more important than ever; 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, it is the 10th anniversary of the beginning of the Stigma-Free Initiative in Bergen County and the month of May is recognized annually throughout the nation as Mental Health Awareness Month; and WHEREAS, the Borough of River Edge had declared itself a Stigma-Free Zone in 2015 and will continue to support the Stigma-Free Initiative. WHEREAS, Stigma-Free Zones aim to inspire public interest and open dialogue about stigma, raise awareness of the diseases of mental illness and create a culture wherein residents who have the diseases of mental illness feel free to seek treatment without fear of stigma. THEREFORE, I, Thomas Papaleo, Mayor of the Borough of River Edge and on behalf of the Council do hereby proclaim: May 2023 as Mental Health Awareness Month Ms. Faustini advised that she attended the Bergen County Stigma Free Symposium and noted that there were between 260 to 300 people in attendance from all different agencies. She commented that this event was very informative. She announced that Friday, May 19th is the third annual Concert in the Park which will feature food trucks, live bands and information regarding the Stigma Free Committee. She remarked that the number of those who are looking for mental health help to the number of therapists is staggering. She finished by advising that she will be attending a roundtable on Friday regarding the elderly and mental health. She encouraged anyone who needs assistance to contact her for information on available resources. Mayor Papaleo thanked Ms. Faustini for all that she does for the Borough. Proclamation Declaring May 2023 as Asian American and Native Hawaiian/Pacific Islander Heritage Month Mayor Papaleo advised that Joyce Jeong is present this evening to accept this proclamation. He noted that he is a teacher and commented that his 6th graders are very excited to celebrate Asian American and Native Hawaiian/Pacific Islander Heritage Month. He then 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 2023 as Asian American and Native Hawaiian/Pacific Islander Heritage Month Ms. Jeong stated that she is so honored to receive this proclamation on behalf of Asian Americans and Pacific Islanders in River Edge. She expressed her opinion that this proclamation is a huge step towards committing to work against hate crime as well as to support and learn more about the culture and history of AAPI which will make the community stronger and richer. Presentation of Award Certificates to St. Peter’s Girls 8th Grade Basketball Team Champions Mayor Papaleo announced that, in addition to the award certificates from the Mayor and Council, each team member will be receiving certificates from District 38 Legislators and the Bergen County Commissioners. He then presented Certificates of Recognition to the following players and coaches in recognition of their victory in the Newark Archdiocese Tournament of Champions held in Kearny on March 19th and 20th, becoming the first St. Peter’s team to win this championship: Hope Arturi Reese Hornidge Dalia Interiano Brooke Marchetti Kate Marchetti Kaylin Murray-McCormick Maya Naltner Emma Yeandle Coach Bryan Interiano Coach TJ McCormick Coach Brian Yeandle He advised that there will be additional teams honored at a future meeting. Coach Yeandle thanked the Mayor and Council for this recognition. He noted that all, with the exception of one player, will be moving on to River Dell High School next year and expressed his opinion that the high school will be a better place because of them. Coach Mccormick also thanked the governing body for inviting the team to this meet and expressed how proud he is of the team and their accomplishments. Coach Interiano thanked the Mayor and Council and community for their support. He commented that this recognition is a nice highlight in the players’ lives. ******** PUBLIC COMMENTS ON ANY ITEM ON THIS AGENDA – On motion by Councilwoman Montisano-Koen, seconded by Council President Kaufman, and all present voting in favor, to open for public comments on any item on the agenda. Paul Florio, 919 Magnolia Ave, inquired when he can speak on non-agenda items. Mayor Papaleo indicated the point in agenda that this type of public comment would be taken. On a motion by Councilman Chinigo, seconded by Councilwoman Kinsella, and all present voting in favor, to close public comments on any item on the agenda. APPOINTMENTS & PERSONNEL CHANGES – On motion by Councilman Chinigo, seconded by Councilwoman Montisano-Koen, and all members present voting in favor, to approve the following appointments and personnel changes: Approve the appointment of Council President Kaufman to the Cannabis Committee in place of Councilwoman Kinsella effective May 8, 2023. Approve resignation of Carmen Wong, Part-Time Accounts Receivable/Tax Clerk, effective May 12, 2023. MONTHLY REPORTS – Mayor Papaleo advised that the following reports are on file in the Office of the Borough Clerk and available for review: Land Use Board - April 12, 2023 Historic Preservation Commission - April 26, 2023 Tax Collector - April 2023 PUBLIC HEARINGS 2023 Bergen County Open Space Trust Fund Grant Application – Memorial Park Playground & Walking Path Phase I presented by Borough Administrator As the time had not yet reached 7:00 p.m., this item was moved to later in the agenda. RESOLUTIONS - By Consent a. #23-143 Authorize Auction of Surplus Property No Longer Needed for Public Use on an Online Auction Website b. #23-144 Authorize Execution of FY2022 CDBG Grant Agreement – Handicapped Accessible Curbs & Sidewalks Oxford and Rutgers c. #23-145 Confirm Placement of Banners – 2023 4th of July Events d. #23-146 Confirm Placement of Banners – 2023 Farmers Market e. #23-147 Authorize Purchase of Ride On Lawn Mower for Department of Public Works f. #23-148 Authorize Purchase of Ride On Blower for Department of Public Works g. #23-149 Authorize Tax Collector to Prepare & Issue Estimated Tax Bills for 3rd Quarter 2023 Taxes Motion by Council President Kaufman, second by Councilwoman Kinsella, that the Consent Agenda be approved. The vote was recorded as follows: Councilman Chinigo: aye Councilwoman Kinsella: aye Council President Kaufman: aye Councilwoman Malellari aye Councilwoman Montisano-Koen: aye Councilman Benson: aye ******** #23-143 Authorize Auction of Surplus Property No Longer Needed for Public Use on an Online Auction Website WHEREAS, the Borough of River Edge has determined that the personal property described on Schedule A attached hereto and incorporated herein is no longer needed for public use; and WHEREAS, the Borough of River Edge intends to utilize the online auction services of GovDeals located at govdeals.com; and WHEREAS, the sales are being conducted pursuant to N.J.S.A. 40A:11-36 and the guidance set forth in the Division of Local Government Services’ Local Finance Notice 2019-15; and WHEREAS, the Borough of River Edge is a member (ID# 10112) of Sourcewell (formerly known as National Joint Powers Alliance NJPA) as permitted by PL 2001, c. 139; and WHEREAS, GovDeals holds a contract for Auction Services #012821-GDI, effective March 19, 2021, through March 19, 2025; and WHEREAS, a notice of intent to award a contract under a national cooperative purchasing agreement was published in the Record on April 23, 2023; and  WHEREAS, GovDeals has submitted a Business Entity Disclosure Certification on April 5, 2023, which certifies that the company has not made any contributions to any political or candidate committee in the Borough of River Edge in the previous one year that would render the company ineligible to be awarded this contract, and that the proposed contract prohibits GovDeals from making any such reportable contributions through the term of the contract; and WHEREAS, GovDeals has submitted a Political Contribution Disclosure Form on April 5, 2023, required pursuant to NJSA 19:44A-20.26; and NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of River Edge in the County of Bergen, State of New Jersey, that the Borough is hereby authorized to sell the surplus personal property as indicated on Schedule A on an online auction website entitled govdeals.com; and BE IT FURTHER RESOLVED, that the surplus property as identified shall be sold in an “as-is” condition without express or implied warranties; and BE IT FINALLY RESOLVED, that the Borough of River Edge reserves the right to accept or reject any bid submitted. ******** #23-144 Authorize Execution of FY2022 CDBG Grant Agreement – Handicapped Accessible Curbs and Sidewalks Oxford and Rutgers 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 $158,300 in FY2022 Community Development Block Grant Funds for Handicapped Accessible Curbs and Sidewalks Oxford and Rutgers; 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. ******** #23-145 Confirm Placement of Banners – 2023 4th of July Events BE IT RESOLVED by the Mayor and Council of the Borough of River Edge that the Recreation Commission is hereby granted permission to hang banners on Borough-owned property throughout the Borough to promote the 2023 4th of July events including Movie in the Park, Concert in the Park, the 4th of July Parade, and Family Fair; and BE IT FURTHER RESOLVED that signs are also permitted to be placed throughout the Borough to promote the 2023 4th of July events.  BE IT FINALLY RESOLVED that the banners and signs can be placed starting on June 1, 2023 and must be removed no later than July 11, 2023. BE IT FINALLY RESOLVED, that a copy of this resolution be provided to the Superintendent of the Department of Public Works. ******** #23-146 Confirm Placement of Banners – 2023 Farmers Market BE IT RESOLVED by the Mayor and Council of the Borough of River Edge permission is hereby granted to hang banners on Borough-owned property throughout the Borough to promote the 2023 Farmers Market; and BE IT FURTHER RESOLVED that signs are also permitted to be placed throughout the Borough to promote the 2023 Farmers Market. BE IT FURTHER RESOLVED that the banners and signs can be placed starting on May 10, 2023, through October 10, 2023. BE IT FINALLY RESOLVED, that a copy of this resolution be provided to the Superintendent of the Department of Public Works. ******** #23-147 Authorize Purchase of Ride On Lawn Mower for the Department of Public Works WHEREAS, the purchase of a ride on lawn mower for the Department of Public Works was authorized in the 2023 capital budget; and WHEREAS, the County of Bergen administers a cooperative purchasing program known as the Registered County Cooperative Pricing System #11-BCCP and had solicited for catalog/commercial grounds maintenance equipment and accessories for a 24-month period, between May 7, 2022 through May 6, 2024; and WHEREAS, the County of Bergen awarded the contract to various vendors on May 4, 2022, via Resolution #402-22, including Montague Tool & Supply Co. (Vendor #12184); and WHEREAS, the Department of Public Works Superintendent, Jason Milito obtained quote from Montague Tool & Supply Co., Inc., for a Gravely ride on lawn mower in the amount of $14,907.62; and WHEREAS, Chief Financial Officer Chris Battaglia has advised that funding is available for this project. NOW THEREFORE BE IT RESOLVED by the Mayor and Council of the Borough of River Edge that the Department of Public Works Superintendent, Jason Milito is authorized to issue a purchase order for a Gravely ride on lawn mower to Montague Tool & Supply Co., Inc., having its principal office at 42 Broad Street in Branchville, NJ 07826 in the amount of $14,907.62. ******** #23-148 Authorize Purchase of Ride On Blower for the Department of Public Works WHEREAS, the purchase of a ride on blower for the Department of Public Works was authorized in the 2023 capital budget; and WHEREAS, the County of Bergen administers a cooperative purchasing program known as the Registered County Cooperative Pricing System #11-BCCP and had solicited for catalog/commercial grounds maintenance equipment and accessories for a 24-month period, between May 7, 2022 through May 6, 2024; and WHEREAS, the County of Bergen awarded the contract to various vendors on May 4, 2022, via Resolution #402-22, including Montague Tool & Supply Co. (Vendor #12184); and WHEREAS, the Department of Public Works Superintendent, Jason Milito obtained quote from Montague Tool & Supply Co., Inc., for a Billy Goat ride on blower, model 35HP in the amount of $12,079.00; and WHEREAS, Chief Financial Officer Chris Battaglia has advised that funding is available for this project. NOW THEREFORE BE IT RESOLVED by the Mayor and Council of the Borough of River Edge that the Department of Public Works Superintendent, Jason Milito is authorized to issue a purchase order for a Billy Goat ride on blower, model 35HP to Montague Tool & Supply Co., Inc., having its principal office at 42 Broad Street in Branchville, NJ 07826 in the amount of $12,079.00. ******** #23-149 AUTHORIZE TAX COLLECTOR TO PREPARE AND ISSUE ESTIMATED TAX BILLS FOR 3RD QUARTER 2023 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 2023 taxes. The entire estimated tax levy for 2023 is hereby set at $57,599,078.74. The estimated tax rate for 2023 is hereby set at 3.850. 2. In accordance with law, the third installment of 2023 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. ******** #22-150 Payment of Bills Councilwoman Kaufman read resolution #23-150 into the record: #23-150 Payment of Bills At a Regular Meeting of the Mayor and Council of the Borough of River Edge, County of Bergen, State of New Jersey, held on May 8, 2023. BE IT RESOLVED, that the Mayor and Council of the Borough of River Edge approve the following expenditures. CURRENT FUND $8,863,698.81 CAPITAL FUND $ 74,945.33 GRANT FUND $ 10,607.20 TRUST OTHER FUND $ 2,355.00 PAYROLL FUND $ 16,558.00 DEVELOPER’S ESCROW FUND $ 13,640.00 RECREATION TRUST FUND $ 1,247.65 Motion by Council President Kaufman, second by Councilwoman Montisano-Koen, that Resolution #23-150 be approved. The vote was recorded as follows: Councilman Chinigo: aye Councilwoman Kinsella: aye Council President Kaufman: aye Councilwoman Malellari aye Councilwoman Montisano-Koen: aye Councilman Benson: aye ******** NEW BUSINESS River Edge Lions – Request to Place Lawn Signs on Borough Property Borough Administrator Aportela advised that a request was received from the Lions Club to place a lawn sign from May through July on Borough property in front of Borough Hall. She noted that governing body approval is needed to grant this request. Concerns were raised over setting a precedent if this request is granted. It was agreed that, should permission be granted, it would only be due to the Borough Hall construction and the electronic message board not being operational. Questions also arose regarding the lawn sign dimensions. The dimensions of the lawn sign will be requested from this organization and this matter will be listed for further consideration at the May 22nd Mayor and Council Regular Meeting. Mandatory Vaccination Policy Borough Administrator Aportela explained that the public health and national health emergency will be ending this week and the requirement regarding mandatory vaccinations for federal employees will cease. She inquired whether the Mandatory Vaccination Policy for Borough employees should be rescinded, noting that rescinding this policy would need to be done by resolution. It was the consensus of the governing body that this policy is to be rescinded. Motion by Councilman Chinigo, second by Council President Kaufman, that Resolution #23-151 be approved. The vote was recorded as follows: Councilman Chinigo: aye Councilwoman Kinsella: aye Council President Kaufman: aye Councilwoman Malellari aye Councilwoman Montisano-Koen: aye Councilman Benson: aye OLD BUSINESS – Update on Construction Projects Borough Administrator Aportela reported that there is no update on construction projects, noting that the end of the estoppel period with respect to the Bond Ordinance is awaited for projects to commence. PUBLIC HEARINGS 2023 Bergen County Open Space Trust Fund Grant Application – Memorial Park Playground & Walking Path Phase I presented by Borough Administrator Public Comments on Grant Application On motion by Councilwoman Malellari, seconded by Councilman Benson, and all present voting in favor, to open for public comments on the grant application. Borough Administrator Aportela explained that, last November, when the Borough’s municipal open space tax was renewed by the voters via referendum for 10 years, the referendum question stated that these funds shall be designated for recreation, conservation or historic preservation services as may be permitted by law, which would allow the Borough to apply for and receive matching state or county grants. The aforementioned law, NJSA 40:12-15.1, defines the statutorily authorized purposes of using municipal open space funds as for the acquisition, development, and maintenance of lands acquired for recreation and conservation purposes; acquisition of farmland for farmland preservation purposes; historic preservation or acquisition of historic properties, structures, facilities, sites, areas, or objects; and the payment of debt service on indebtedness for any of the previously mentioned authorizations. Tonight’s hearing is to obtain the governing body’s authorization after a public hearing, to submit an application for the 2023 Bergen County Open Space Municipal Park Improvement Program for a matching grant for the Memorial Park Playground and Walking Path Project – Phase I. The 2-5 year old playground equipment which is over 20 years old will be replaced with new inclusive equipment that would expand the availability of play structures, meet current standards of the Americans with Disabilities Act, and will have a new playground surface. Also, a portion of the walking paths that had been identified as “trip and fall” hazards by the Bergen County Joint Insurance Fund will be replaced in this project as well. Based on the updated estimate prepared by the engineer, the construction cost is $263,560. Therefore, for the Municipal Park Improvement Application the Borough is applying for a match of $131,780. The Borough’s portion will be funded through its open space trust fund which Borough Administrator Aportela commented is an appropriate and proper use of this trust fund in compliance with state law. No one came forward. On a motion by Council President Kaufman, seconded by Councilman, and all present voting in favor, to close public comments on the grant application. #23-142 Authorize Submission of Grant Application – Bergen County Trust Fund Municipal Program for Park Development for 2023 Motion by Councilwoman Montisano-Koen, second by Councilwoman Kinsella, that Resolution #23- 142 be approved. The vote was recorded as follows: Councilman Chinigo: aye Councilwoman Kinsella: aye Council President Kaufman: aye Councilwoman Malellari aye Councilwoman Montisano-Koen: aye Councilman Benson: aye ******** PUBLIC COMMENTS – Motion by Council President Kaufman, second by Councilwoman Kinsella, and all members present voting in favor, to open public comments. Paul Florio, 919 Magnolia Ave, advised that high school students park on his street and tend to speed which poses a safety risk. He advised that after making a complaint to the Police Department about this issue, there was police presence in this location only for 2 days and he was advised that the department does not have the personnel to continue to monitor his street. He expressed his opinion that this presence can be intermittent and suggested that alternate side parking be implemented. As it was the consensus of the governing body that this matter should be vetted through Traffic & Safety, Mr. Florio is to email Borough Administrator Aportela so the meeting link can be provided to him. He was also requested to speak with his neighbors to learn whether they are amenable to the implementation of parking restrictions. Borough Administrator Aportela is also to contact Chief Walker to inquire whether staggered or random patrolling of this area would be possible on a more frequent basis. Motion by Councilman Benson, second by Council President Kaufman, and all members present voting in favor, to close public comment. COUNCIL COMMENTS – None. CLOSED SESSION – On a motion from Councilwoman Kinsella, seconded by Councilman Chinigo, and all present voting in favor, the meeting was adjourned to the Closed Executive Session via Resolution #23-152 at 7:22 p.m. #23-152 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 8, 2023, regular meeting and discussion of the hereinafter specified subject matter: A. Personnel – N.J.S.A. 10:4-12(b)(8) 1. Recreation Director Interviews 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 Council President Kaufman, second by Councilman Benson, and unanimously carried, to adjourn this meeting. The meeting was adjourned at 7:23 p.m. Respectfully submitted, Anne Dodd, RMC Borough Clerk