Mayor & Council

MINUTES Mayor and Council Regular Meeting June 12, 2023 7:00 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 7:00 p.m. by Mayor Thomas Papaleo. SILENT PRAYER – FLAG SALUTE Mayor Papaleo asked that a moment be taken to consider all the activities in which people will be participating this summer and ask that they be kept safe and be returned to River Edge in September whole and healthy. 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 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, Councilman Benson and Mayor Papaleo. ABSENT: Councilwoman Montisano-Koen, Councilwoman Kinsella and Councilwoman Malellari ALSO PRESENT: Borough Administrator Lissette Aportela Borough Attorney Thomas Sarlo, Esq. APPROVAL OF MINUTES – On motion by Council President Kaufman, seconded by Councilman Chinigo, and other members present voting in favor, that the Minutes of the Mayor and Council Regular and Closed Session Meeting of May 22, 2023 and Minutes of the Mayor and Council Special and Closed Session Meeting of June 5, 2023 are hereby approved. PROCLAMATIONS & AWARDS Proclamation Recognizing the Volunteer Fire Department Mayor Papaleo advised that the volunteer firefighters are being recognized for their outstanding work during a recent tragic event. He noted that the department battled this fire with the assistance of mutual aid. He then read the following proclamation into the record:  PROCLAMATION WHEREAS, at 1:35 a.m. on Saturday, May 27, 2023 the Fire Department was dispatched for a reported garage fire at 81 Eastbrook Drive; and WHEREAS, upon arrival, the Deputy Chief confirmed a well-advanced working fire and Central Dispatch transmitted a working fire assignment which brought in the first wave of mutual aid; and WHEREAS, it was relayed to the Deputy Chief by the River Edge Police Officers on the scene that all family members were accounted for however, one of three dogs was missing; and WHEREAS, when Chief Cariddi arrived and assumed command he found a well -advanced fire that had control of the entire garage area and most of the first floor and basement. Fire was extending into the second floor and there were multiple small explosions coming from two fully involved vans in the garage area; and WHEREAS, Chief Cariddi transmitted a second alarm bringing in further mutual aid to cover the borough and assist at the fire. Due to the collapse of the structure, the OEM Coordinator contacted Fletcher-Creamer who sent a crew to pull apart the collapsed portions of the house and to knock down the free-standing walls and chimney; and WHEREAS, all operations concluded around 10 a.m. on Saturday. At 11:30 a.m. the Department was called back for the first of numerous rekindles in a debris pile and continued to operate during Saturday and into Sunday, until approximately 2 p.m. WHEREAS, the Mayor and Council of the Borough of River Edge desires to express its appreciation and recognize the Fire Department on this date as they are a true example of volunteerism for all citizens; and WHEREAS, the Mayor and Council also desires to express its gratitude to the municipalities and agencies who responded for their willingness, contributions and efforts. NOW, THEREFORE I, Thomas Papaleo, Mayor of the Borough of River Edge and on behalf of the Borough Council, do hereby Thank and Commend Chief Gregg Cariddi, the Fire Officers and Members of the River Edge Volunteer Fire Department Gregg Cariddi, Fire Chief, thanked the Mayor and Council for recognizing the Fire Department’s efforts. He commented that this fire demonstrates what training is all about and described the challenges that were faced during this event. He noted that mutual aid was essential in getting the fire under control. Mayor Papaleo commented that the department made this event less tragic than it could have been and expressed that the governing body is very proud and grateful. Proclamation Declaring June 2023 as LGBTQ+ Pride Month Mayor Papaleo read the proclamation into the record:  PROCLAMATION WHEREAS, the struggle for dignity and equality for lesbian, gay, bisexual, transgender and questioning (LGBTQ+) people is reflected in the tireless dedication of advocates and allies who strive to forge a more inclusive society; and WHEREAS, President Bill Clinton, on June 2, 2000, declared June “Gay & Lesbian Pride Month” to commemorate the June 1969 Stonewall Uprising in Lower Manhattan and on June 1, 2009, President Barack Obama expanded the commemoration further by declaring June to be Lesbian, Gay, Bisexual and Transgender Pride Month; and WHEREAS, June 28, 2019 marked the 50th Anniversary of the Stonewall Uprising which broke out following a police raid on the Stonewall Inn, targeting LGBTQ+ patrons and other marginalized people, in violation of their civil rights, leading to the birth of the "Gay Rights Movement”; and WHEREAS, LGBTQ+ Americans, including those who live in our local communities, face discrimination simply for being who they are and for who they love and there remains much work to do to extend the promise of our country to every person; and WHEREAS, the landmark Supreme Court decision of 2015 guaranteeing marriage equality in all 50 states was a historic victory for LGBTQ+ Americans and continues to affirm our belief that we are all more free when we are treated as equals. NOW, THEREFORE, BE IT RESOLVED that I, Thomas Papaleo, Mayor of the Borough of River Edge, in recognition thereof, do hereby proclaim: The Month of June 2023 as LGBTQ+ Pride Month and encourage all River Edge residents to eliminate prejudice wherever it exists and to celebrate our great diversity by taking part in community events throughout the month of June which focus on and celebrate our LGBTQ+ neighbors. FOR DISCUSSION – Request to Name Crosswalk at St. Peters Academy in Memory of Patricia Henry Motion Councilman Chinigo, Councilman Benson, and all members present voting in favor, to open the floor for public comment on this issue only. Joanne Mitchell-George, representative from St. Peter Academy, explained that they are requesting that the crosswalk at St. Peter Academy be named in memory of Patricia Henry who crossed children back and forth for 40 years at this location. She commented that this request has the support of the Pastor and Christopher Innes, Principal, as well as the St. Peter HSA. She advised that St. Peter will assume the cost of the post and construction and noted that naming crosswalks has precedent in the community. She acknowledged the many people who have joined the meeting this evening in support of this request. Motion by Councilman Chinigo, second by Council President Kaufman, and all members present voting in favor, to grant this request. Patrick, Walter and Theresa Henry, children of Patricia, were present this evening. Patrick Henry thanked the Mayor and Council for this honor. He advised that his mother’s first day on the job was when his youngest sibling entered kindergarten and noted that she remained on this post until 2019 when she and his father’s health made it impossible to continue working. Walter Henry thanked Ms. Mitchell-George for proposing this idea and the governing body for approving this request, noting that River Edge is very important to his family. Theresa Henry remarked that this recognition means a lot to her as her mother was a constant in her and her brothers’ lives. She expressed appreciation to Ms. Mitchell-George for her efforts as well as appreciation for the support of St. Peter in recognizing her mother. Fr. DeSilva commented that he is overjoyed to honor someone who gave so much to the children of River Edge. He thanked the governing body for approving this request. Liz Davis advised that Patricia Henry was her aunt and noted that the job of a crossing guard is difficult and requires a lot of dedication. Request for Handicap Parking Space – 680 Center Avenue Borough Administrator Aportela explained that Mr. Ma of 680 Center Avenue is requesting that a handicapped parking space be established in front of his home. She noted that an ordinance would need to be adopted to accommodate this request. Mayor Papaleo inquired as to the criteria that should be considered for the Mayor and Council to grant such a request. Borough Attorney Sarlo advised that although, legally, there is no criteria, he expressed his belief that extenuating circumstances must exist for this request to be granted such as not having a driveway. He cautioned that if strict requirements are not established, it will set a precedent and noted that the former Police Chief was not in favor of having on-street handicapped parking. It was decided to refer this matter to the Traffic & Safety Committee and that Mr. Ma be requested to attend the next committee meeting to speak to his request. Chief Walker will also be requested to give input. This matter will be listed again once the Traffic & Safety Committee has made its recommendation. KBG Parking Lot Project Mayor Papaleo explained that the KBG Parking Lot project is currently in the design phase. He advised that Jason Milito, DPW Superintendent, has suggested that the curb be pushed out which would eliminate 10-11 parking spaces not designated to the Swim Club. Mayor Papaleo explained that this additional space could potentially be used in the future for a volleyball or pickle ball court. He noted that this change would simply entail a quick redesign at no additional cost to the Borough. Superintendent Milito explained that they always look to maximize an area whenever undertaking a project and noted that, in the current plans, 31 parking spots will be gained when the parking lot is striped properly. He is proposing that 11 of the 31spaces be eliminated which will allow 1,800 square feet of green space to be gained. Although Borough Administrator Aportela advised that the Borough is still waiting for the DEP to review the wetlands and floodplain delineations and surveying, she confirmed that this area is not in the delineation area, and as such, no hinderance is posed in moving forward. It was the consensus of the governing body to proceed with the proposed design modifications to the KBG Parking Lot project. ******** PUBLIC COMMENTS ON ANY ITEM ON THIS AGENDA – On motion by Councilman Benson, seconded by Council President Kaufman, and all present voting in favor, to open for public comments on any item on the agenda. Ken Schuffenhauer, Millbrook Road, questioned the reason that 77 Kinderkamack Road is not included on Resolution #23-174 to authorize liquor license renewals. Borough Administrator Aportela explained the reasons that this establishment may not have been included on this resolution, noting that the current license expires on June 30th and there is still the June 26th Mayor and Council meeting at which the license can be renewed. With respect to the Shared Services Agreement with Oradell, Mr. Schuffenhauer inquired whether there will be an agreement for the use of River Edge’s fields by Oradell residents. Mayor Papaleo explained that this agreement is specific to the use of DPAC which is an artificial field. He further explained that this agreement pertains specifically to the 10-year maintenance costs for this field. He noted that this amount was included in the budget and the agreement is now on the agenda for consideration by the governing body. He added that the agreement will be considered on a yearly basis. On a motion by Councilman Benson, seconded by Council President Kaufman, and all present voting in favor, to close public comments on any item on the agenda. APPOINTMENTS & PERSONNEL CHANGES – On motion by Councilman Benson, seconded by Councilman Chinigo, and all members present voting in favor, to approve the following appointments and personnel changes: Approve the resignation of Ada Doyle from the Cultural Affairs Advisory Committee effective May 8, 2023. Approve the extension of the probationary period for Paul Hemmendinger, Laborer in the Department of Public Works for an additional 6-months to December 8, 2023. Approve the hire of Camp Staff from June 21, 2023 through July 28, 2023 as per the list on file with the Borough Clerk’s office. 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 2023  Land Use Board - April 26, 2023 Historic Commission - May 2023 Environmental/Green Team - May 2023 Tax Collector - May 2023 Library Board of Trustees - June 2023 RESOLUTIONS - By Consent Councilman Benson requested an explanation on the purpose of Resolution #23-173. Borough Administrator Aportela explained that these funds are received from the Clean Communities Fund. She further explained the purposes for which these funds can be utilized, and advised that, as these funds were not included in the budget document that was adopted, this resolution is required to be adopted. a. #23-172 Resolution Permitting the Possession and Consumption of Alcoholic Beverages at a Block Party on Wayne Avenue b. #23-173 Form of Resolution Requesting Approval of Items of Revenue and Appropriation NJS 40A:4-87 c. #23-174 Authorize Renewal of ABC Liquor Licenses for 2023-2024 d. #23-175 Authorize Tax Collector to Refund 2023 2nd Quarter Tax Overpayments(s) e. #23-176 Approve the Hire of Part-time Summer Help in the Department of Public Works f. #23-177 Authorize Purchase of Garbage Truck for the Department of Public Works g. #23-178 Appoint Director of Recreation and Cultural Affairs h. #23-179 Authorize Auction of Surplus Property No Longer Needed for Public Use on an Online Auction Website i. #23-180 Resolution Permitting the Possession and Consumption of Alcoholic Beverages at a Block Party on Princeton Drive j. #23-181 Authorize Rebid – Cleaning Services for the Borough of River Edge k. #23-182 Appoint Patrol Officer Daniel F. Meade l. #23-183 Appoint Patrol Officer Elizabeth Escudero m. #23-184 Appoint Patrol Officer Nico A. Facchini n. #23-185 Authorize Tax Collector to Adjust 4th Quarter of 2022/2023 Taxes for a Senior Citizen Deduction Disallowed o. #23-186 Authorize Tax Collector to Transfer 2023 Preliminary Tax Payments on a Merged Property p. #23-187 Authorize Tax Collector to Transfer 2023 Preliminary Tax Payments on a Sub-Divided Property q. #23-188 Authorize Tax Collector to Cancel and Refund 2023 Taxes on a Tax- Exempt Property r. #23-189 Approve Refund – Recreation Department Motion by Council President Kaufman, second by Councilman Benson, that the Consent Agenda be approved. The vote was recorded as follows: Councilman Chinigo: aye Councilwoman Kinsella: absent Council President Kaufman: aye Councilwoman Malellari absent Councilwoman Montisano-Koen: absent Councilman Benson: aye  ******** #23-172 Resolution Permitting the Possession and Consumption of Alcoholic Beverages at a Block Party on Wayne Avenue WHEREAS, on or about June 12, 2023, the Borough of River Edge granted permission to John Ortiz, 441 Bogert Road, River Edge, New Jersey, to hold a block party on Wayne Avenue between Bogert Road and Mercer Avenue on Saturday, July 29th from 1:00 to 6:00 p.m. (rain date Saturday, August 5th) in accordance with Borough Ordinance #1678; and WHEREAS, John Ortiz has requested that the possession and consumption of alcoholic beverages be permitted in connection with said block party; and WHEREAS, Borough Code Section 114-15 allows the Governing Body to permit the possession and consumption of alcoholic beverages in or on a public street or sidewalk in connection with an authorized block party. NOW THEREFORE BE IT RESOLVED, by the Mayor and Council of the Borough of River Edge that persons age 21 and over be and hereby are permitted to possess and consume alcoholic beverages at the block party described above, on the date and time specified herein. ******** #23-173 Form of Resolution Requesting Approval of Items of Revenue and Appropriation NJS 40A:4-87 WHEREAS, NJS 40A:4-87 provides that the Director of the Division of Local Government Services may approve the insertion of any special item of revenue in the budget of any county or municipality when such item shall have been made available by law and the amount was not determined at the time of the adoption of the budget; and WHEREAS, the Director may also approve the insertion of an item of appropriation for equal amount, NOW, THEREFORE, BE IT RESOLVED, that the Borough of River Edge in the County of Bergen, New Jersey, hereby requests the Director of the Division of Local Government Services to approve the insertion of an item of revenue in the budget of the year 2023 in the sum of $23,646.44, which is now available from “Clean Communities - 2023” in the amount of $23,646.44. BE IT FURTHER RESOLVED, that the like sum of $23,646.44 is hereby appropriated under the caption “Clean Communities - 2023”. BE IT FURTHER RESOLVED that the above is the result of funds from State of New Jersey in the amount of $23,646.44. ******** #23-174 Authorize Renewal of ABC Liquor Licenses for 2023-2024 Whereas, all Plenary Retail Consumption, Retail Distribution, Limited Distribution and Club Licenses will expire on June 30, 2023; and, Whereas, the following applicants have complied with the provisions of the Act of the Legislature entitled, “An Act Concerning Alcoholic Beverages”, being Chapter 436 of the Laws of 1933, its supplements and amendments, and with the Rules and Regulations issued or to be promulgated by the State Commissioner of Alcoholic Beverage Control applicable. Now, Therefore, Be It Resolved by the Mayor and Council of the Borough of River Edge, County of Bergen, State of New Jersey that the Borough Clerk be and is hereby authorized to issue licenses to expire June 30, 2024, to the following: CLUB LICENSES - $50.00 LICENSE# LICENSEE LICENSED PREMISES 0252-31-008-001 Knights of Columbus 770 Kinderkamack Road The Columbian Club River Edge, NJ 07661 t/a River Edge Columbian Club PLENARY RETAIL CONSUMPTION LICENSES WITH BROAD C - $2,500.00 LICENSE# LICENSEE LICENSED PREMISES 0252-32-006-008 River Edge, Inc. 516 Kinderkamack Road t/a River Edge Diner & Restaurant River Edge, NJ 07661 PLENARY RETAIL CONSUMPTION LICENSES - $2,500.00 LICENSE# LICENSEE LICENSED PREMISES 0252-33-001-009 Sonny T, LLC 259 Johnson Avenue t/a Prime 259 River Edge, NJ 07661 PLENARY RETAIL DISTRIBUTION LICENSES - $2,500.00 LICENSE# LICENSEE LICENSED PREMISES 0252-44-002-012 Country Wine & Liquors, LLC 842 Kinderkamack Road 6402 Smith Avenue #2 River Edge, NJ 07661 North Bergen, NJ 07047 0252-44-003-004 Wine & Liquor River Edge, LLC 504 Kinderkamack Road t/a River Edge Liquors River Edge, NJ 07661 0252-44-005-004 E G Holding Corp 1001 Main Street Store #303 t/a Total Wine and More River Edge, NJ 07661 6600 Rockledge Drive Bethesda, MD 20817 ******** #23-175 Authorize Tax Collector to Refund 2023 2nd Quarter Tax Overpayment(s) WHEREAS, the tax office has received duplicate and/or tax overpayments for the 2nd Quarter 2023 taxes on the following property(s); and WHEREAS, a written request was received from their mortgage company to refund the overpaid amount directly to the mortgage company.  NOW, THEREFORE, BE IT RESOLVED that the Account Supervisor is hereby authorized to issue a refund check in the following amount and the Tax Collector to adjust her records accordingly. BLOCK/LOT HOMEOWNER/ADDRESS TYPE AMOUNT 701/19.07 PHUA, KOK KHOO & LIU, DOREEN DUPLICATE 6,790.42 508 MANNING COURT 706/14 LISBANO, AMERICO & MARIA PAULA DUPLICATE 3,449.32 207 MANNING AVENUE 1207/32 REBOLLEDO, MICHAEL ANGELO ETAL DUPLICATE 3,220.85 191 BOGERT ROAD TOTAL: $13,460.59 Make check payable to: CORE LOGIC TAX SERVICES P.O. Box 9202 Coppell, TX 75019-9978 Attn: Centralized Refunds ******** #23-176 Approve the Hire of Part-time Summer Help in the Department of Public Works BE IT RESOLVED by the Governing Body of the Borough of River Edge that Milo Fondanarosa be and he is hereby hired as a part-time summer employee of the Department of Public Works at an hourly rate $16.00, not to exceed 29 hours per week, effective June 13, 2023. ******** #23-177 Authorize Purchase of Garbage Truck for the Department of Public Works WHEREAS, the purchase of a garbage truck for the Department of Public Works was authorized in the 2023 capital budget; 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, the Department of Public Works Superintendent, Jason Milito prepared a cost savings determination recommending the purchase through the national cooperative; and WHEREAS, the Department of Public Works Superintendent, Jason Milito obtained quote from Sanitation Equipment Corp, a local distributor for Labrie Environmental Group for Leach Model 2RIII 29 cubic yard rearloader with plow under Sourcewell Contract #091219-LEG in the amount of $358,541.15; and WHEREAS, a notice of intent to award a contract under a national cooperative purchasing agreement was published in the Record on May 22, 2023; and  WHEREAS, Sanitation Equipment Corp, has submitted a Business Entity Disclosure Certification on May 16, 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 Sanitation Equipment Corp from making any such reportable contributions through the term of the contract; and WHEREAS, Sanitation Equipment Corp has submitted a Political Contribution Disclosure Form on May 16, 2023, required pursuant to NJSA 19:44A-20.26; 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 Department of Public Works Superintendent, Jason Milito is authorized to issue a purchase order for a Leach Model 2RIII 29 cubic yard rearloader with plow to Sanitation Equipment Corp, having its principal office at 80 Furler Street in Totowa, NJ 07512 in the amount of $358,541.15 under Sourcewell Contract #091219-LEG. ******** #23-178 Appoint Director of Recreation and Cultural Affairs BE IT RESOLVED by the Mayor and Council of the Borough of River Edge that Joseph Ricca is hereby appointed to the full time position of Director of Recreation and Cultural Affairs for the Borough of River Edge at an annual salary of $80,000 effective June 21, 2023. ******** #23-179 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. ******** #23-180 Resolution Permitting the Possession and Consumption of Alcoholic Beverages at a Block Party on Princeton Drive WHEREAS, on or about October 12, 2021, the Borough of River Edge granted permission to Jason Rosado, 205 Princeton Drive, River Edge, New Jersey, to hold a block party on Princeton Drive between Oak Avenue and Lexington Drive on Saturday, July 22, 2023 from 3:00 to 10:00 p.m. (rain date Sunday, July 23rd) in accordance with Borough Ordinance #1678; and WHEREAS, Jason Rosado has requested that the possession and consumption of alcoholic beverages be permitted in connection with said block party; and WHEREAS, Borough Code Section 114-15 allows the Governing Body to permit the possession and consumption of alcoholic beverages in or on a public street or sidewalk in connection with an authorized block party. NOW THEREFORE BE IT RESOLVED, by the Mayor and Council of the Borough of River Edge that persons age 21 and over be and hereby are permitted to possess and consume alcoholic beverages at the block party described above, on the date and time specified herein. ******** #23-181 Authorize Rebid – Cleaning Services for the Borough of River Edge WHEREAS, bids for the project known as the "Cleaning Services for the Borough of River Edge" received on Tuesday, May 9, 2023 were rejected due to the need to substantially revise the specifications as per NJSA 40A11-13.2(d) via Resolution #23-167 on May 22, 2023; and WHEREAS, the revisions have been completed by the Borough Administrator/Qualified Purchasing Agent. NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Borough of River Edge, that the Borough Clerk is authorized to advertise a re-bid of this service in which bids are to be received on Thursday, June 29, 2023 at 10:00 a.m. in the Court Room in the Public Safety Building (lower level) located at 705A Kinderkamack Road, at which time they will be opened and read aloud, and that said advertisement is to be published in the Record on Friday, June 16, 2023 in accordance with Local Public Contracts Law. ******** #23-182 Appoint Patrol Officer Daniel F. Meade WHEREAS, vacancies exist in the rank of Patrol Officer in the River Edge Police Department; and WHEREAS, the River Edge Police Department received 100 applications and conducted 20 screening interviews; and WHEREAS, the Mayor and Council interviewed 3 candidates on June 5, 2023. NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Borough of River Edge in the County of Bergen, New Jersey, that Daniel F. Meade is hereby appointed as Patrol Officer for the River Edge Police Department effective June 13, 2023 at an annual salary of $45,360. ******** #23-183 Appoint Patrol Officer Elizabeth Escudero WHEREAS, vacancies exist in the rank of Patrol Officer in the River Edge Police Department; and WHEREAS, the River Edge Police Department received 100 applications and conducted 20 screening interviews; and WHEREAS, the Mayor and Council interviewed 3 candidates on June 5, 2023. NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Borough of River Edge in the County of Bergen, New Jersey, that Elizabeth Escudero is hereby appointed as Patrol Officer for the River Edge Police Department effective June 13, 2023 at an annual salary of $45,360. ******** #23-184 Appoint Patrol Officer Nico A. Facchini WHEREAS, vacancies exist in the rank of Patrol Officer in the River Edge Police Department; and WHEREAS, the River Edge Police Department received 100 applications and conducted 20 screening interviews; and WHEREAS, the Mayor and Council interviewed 3 candidates on June 5, 2023. NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Borough of River Edge in the County of Bergen, New Jersey, that Nico A. Facchini is hereby appointed as Patrol Officer for the River Edge Police Department effective June 13, 2023 at an annual salary of $45,360. ******** #23-185 Authorize Tax Collector to Adjust 4th Quarter of 2022/2023 Taxes for a Senior Citizen Deduction Disallowed WHEREAS, the following homeowner was disallowed the $250.00 Senior Deduction because they exceeded the $10,000.00 income requirement to qualify for the Senior Citizen Tax Deduction for the year 2022/2023 and/or has failed to timely file Form PD5 and/or has passed away and the property no longer qualifies for the deduction and/or the property was sold; and WHEREAS, the deduction is listed in the 2022/2023 Tax Duplicate. NOW, THEREFORE, BE IT RESOLVED that the Tax Collector is hereby authorized to disallow the 2022/2023 Senior Deduction and adjust the 4th quarter taxes for the following amount. Block/Lot Name & Address Adjusted Amount 808/16 Moore, Thomas & Elizabeth 250.00 381 Windsor Road 906/37 Boston, Arnold 250.00 380 Fifth Court 910/5 Lai, Kin Keung & Yat Won & Tak K 250.00 245 Beech Drive South 1103/19 Volosatova, Nikolay Etal 126.02 263 Valley Road Total: 876.02 ******** #23-186 Authorize Tax Collector to Transfer 2023 Preliminary Tax Payments on a Merged Property WHEREAS, property known as 781 Summit Avenue, Block: 402 Lot: 4 was merged into Block: 402 Lot: 3 located at 785 Summit Avenue in the 2023 Tax Duplicate; and WHEREAS, tax payments for the 1st and 2nd Quarters of 2023 were made on 781 Summit Avenue, Block: 402 Lot: 4 before the merger. NOW, THEREFORE, BE IT RESOLVED that the Tax Collector is hereby authorized to transfer the following amounts from the original lot to the merged lot and to adjust her records accordingly. Transfer from (Block/Lot) Transfer to (Block/Lot) Amount 402/4 781 Summit Avenue 402/3 785 Summit Avenue 3,492.80 Total: 3,492.80 ******** #23-187 Authorize Tax Collector to Transfer 2023 Preliminary Tax Payments on a Sub- Divided Property WHEREAS, property known as 915 Kinderkamack Road, Block: 206 Lot: 4 was sub- divided into 2 lots known as Block: 206 Lot: 4.01 located at 901 Kinderkamack Road and Block: 206 Lot: 4.02 located at 915 Kinderkamack Road in the 2023 Tax Duplicate; and WHEREAS, tax payments for the 1st and 2nd Quarters of 2023 were made on the original Block: 206 Lot: 4 before the sub-division. NOW, THEREFORE, BE IT RESOLVED that the Tax Collector is hereby authorized to transfer the following amounts from the original lot to the new sub-division and to adjust her records accordingly. Transfer from (Block/Lot) Transfer to (Block/Lot) Amount 206/4 206/4.01 19,825.43 915 Kinderkamack Road 901 Kinderkamack Road 206/4 206/4.02 29,271.72 915 Kinderkamack Road 915 Kinderkamack Road Total: 49,097.15 ******** #23-188 Authorize Tax Collector to Cancel and Refund 2023 Taxes on a Tax-Exempt Property WHEREAS, Robert M. Lyttle, 478 Windsor Road, known as Block: 815 Lot: 18, has qualified for a 100% Disabled Veteran Tax Exemption, after providing the necessary documents to prove an exempt status and the Tax Assessor has approved his status as of May 17, 2023 in accordance with N.J.S.A.54:4-3.06, and WHEREAS, tax payments for 1st and 2nd Quarters of 2023 have been paid and the 3rd Quarter of 2023 has been billed and included in the 2023 Tax Duplicate. NOW, THEREFORE, BE IT RESOLVED that the Accounts Supervisor is authorized to refund a prorated 2nd quarter 2023 tax amount to the homeowner and the Tax Collector adjust her records accordingly. Block/Lot Name & Address Cancelled Taxes Refunded Taxes 815/18 Lyttle, Robert M. & Gail L. 3,494.50 1,578.00 478 Windsor Road River Edge, NJ 07661 ******** #23-189 Approve Refund – Recreation Department WHEREAS, the following participants registered for River Edge Recreation programs in Spring 2023 and have requested a refund; and  WHEREAS, the Borough Administrator, Lissette Aportela, has reviewed the requests and recommended them for Mayor and Council approval. NOW, THEREFORE BE IT RESOLVED, by the Mayor and Council of the Borough of River Edge, County of Bergen, that the refunds listed below are hereby approved; and RESIDENT ADDRESS PROGRAM AMOUNT ACCOUNT # Jenni Shahin 201 Cherry Lane Tennis River Edge, NJ 07661 Lessons: $60.00 T-18-55-286-001 Spring 2023 II - 5th Grade & Up Charles Berger 88 Rutgers Place Men’s $20.00 T-18-55-286-004 Apt. 3 Softball: River Edge, NJ 07661 Men’s Softball – Spring League 2023 (MSB) Top Bins Only LLC 16 Terrace Street KBG Field $550.00 T-11-55-286-013 Haworth, NJ 07641 Use – Spring 2023 BE IT FURTHER RESOLVED, that a copy of this resolution be forwarded to the Finance Department. ******** #22-190 Payment of Bills Council President Kaufman read resolution #23-190 into the record: #23-190 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 June 12, 2023. BE IT RESOLVED, that the Mayor and Council of the Borough of River Edge approve the following expenditures. CURRENT FUND $305,760.55 CAPITAL FUND $226,912.70 GRANT FUND $ 4,059.00 TRUST OTHER FUND $ 14,859.92 PAYROLL FUND $ 15,972.49 DEVELOPER’S ESCROW FUND $ 4,308.50  SELF INSURANCE FUND $ 2,308.94 RECREATION TRUST FUND $ 7,936.97 Motion by Council President Kaufman, second by Councilman Chinigo, that Resolution #23-190 be approved. The vote was recorded as follows: Councilman Chinigo: aye Councilwoman Kinsella: absent Council President Kaufman: aye Councilwoman Malellari absent Councilwoman Montisano-Koen: absent Councilman Benson: aye ******** NEW BUSINESS There was no New Business. OLD BUSINESS – Resolution #23-166 - Authorize Execution of Shared Services Agreement with the Borough of Oradell – Athletic Field Use – Tabled May 22, 2023 Mayor Papaleo inquired whether anyone wished to move this resolution for a vote. Motion by Councilman Chinigo, second by Council President Kaufman, that Resolution #23-166 be approved. Councilman Benson expressed his opinion that this resolution should be tabled as Councilwoman Kinsella is not present and she has expressed concerns regarding the fees that have been paid by the leagues for use of this field. Councilman Chinigo provided a history on this issue. He noted that DPAC provides many teams with field use and commented that the expenses associated with maintaining this field are large. A motion was made by Councilman Benson to table this resolution. There was no second to this motion. On a roll call, the vote on Resolution #23-166 was recorded as follows: Councilman Chinigo: aye Councilwoman Kinsella: absent Council President Kaufman: aye Councilwoman Malellari absent Councilwoman Montisano-Koen: absent Councilman Benson: abstain ******** #23-166 Authorize Execution of Shared Services Agreement with the Borough of Oradell – Athletic Field Use WHEREAS, the Uniform Shared Services and consolidation Act (N.J.S.A. 40A:65-1 -1, et seq.) allows public entities to enter into a contract with each other to share services which the entities are empowered to provide or receive within their own jurisdictions, including services incidental to the primary purposes of any of the participating public entities; and WHEREAS, River Edge and Oradell residents jointly participate in recreational programs; and WHEREAS, the Borough of Oradell provides use of its recreational fields and/or facilities for the recreational programs and desires to be compensated for this use; and WHEREAS, the parties desire to enter into such an Agreement for this purpose. NOW THEREFORE BE IT RESOLVED by the Mayor and Council of the Borough of River Edge, that it does hereby authorize the Mayor and Borough Clerk to execute the attached Shared Services Agreement with the Borough of Oradell. ******** Verizon Tax Refund With respect to the tax refund that was authorized at the last meeting to Verizon, Council President Kaufman advised that there has been communication with the Tax Assessor, District 38 Legislators, and the New Jersey League of Municipalities regarding this issue. She explained that a 1997 law allows Verizon to no longer pay taxes on telephone poles when less than 51% of homes have a land line. She noted that Verizon receives revenue for use of these poles by cell phone companies and cable providers, and due to this law, Verizon will no longer be required to pay $165,000 in taxes. She advised that River Edge is not alone with respect to this issue as 71% of Bergen County no longer receives tax revenue due to this law. Based upon her calculations, she believes that New Jersey has most likely lost $30 million in tax revenue. Mayor Papaleo encouraged the public to reach out to the legislators on this issue. Update on Construction Projects Borough Administrator Aportela provided an update on the Voorhis Drainage Improvements project. She advised that the contractor is working with Veolia to relocate a water main so that trenching can commence. She noted that all other projects are in the bidding phase, advising that bids for the Borough Hall Repair project will be received at the end of this month. Mayor Papaleo inquired who was responsible for the delay with respect to the Voorhis Drainage Improvements project. Borough Administrator Aportela confirmed that the delay was on the utility side. PUBLIC COMMENTS – Motion by Councilman Chinigo, second by Council President Kaufman, and all members present voting in favor, to open public comments. Noah Cole, Oak Ave, inquired as to which branch of government is responsible for the Verizon tax issue, what is being done as well as the ways that youth can help to raise awareness. Mayor Papaleo explained that it would be the legislators who would be responsible for this issue. He noted that River Edge is in District 38 and advised that those legislators can contacted regarding this issue. Sebastian Muscarella, 781 Fifth Avenue, advised that he attended the last Traffic & Safety Meeting to relay concerns regarding the proposed school reconfiguration Although he was previously advised that this matter is not within the governing body’s jurisdiction, he expressed his opinion that answers are not being given to the public and requested the Mayor and Council’s assistance in relaying the public’s concerns about the impact that this change will have on the traffic, health and safety of the residents. Borough Attorney Sarlo explained that his guidance pertained to whether the Mayor and Council had the ability to place a non-binding referendum question onto the ballot regarding a school-related matter. He advised that it was and still is his opinion that the governing body does not have this authority. With respect to whether the Mayor and Council can send a letter relaying the public’s concerns to the Board of Education, he advised that, although the governing body does not have the authority on this issue, he has no issue with one entity speaking to another entity to either relay concerns or express support for this issue. Should the Board of Education and Superintendent decide to move forward, Mayor Papaleo inquired whether the Mayor and Council would have an obligation to implement the necessary changes to make the reconfiguration work such as providing crossing guards. Borough Attorney Sarlo confirmed that crossing guards should be provided to ensure the safety of the children. He noted that, should there be a need for a one-way street or parking restrictions, these issues would be within the governing body’s jurisdiction to say yes or no. Joe Iacoviello, 542 Eastbrook Drive, questioned how the Board of Education and Superintendent can implement this change if there is no support. He expressed his opinion that the governing body should prevent this change from being made and requested that the Superintendent be made to explain this plan. Mayor Papaleo relayed that the governing body does not have jurisdiction in this area as the Board of Education is a separate, independent entity. Lauren Thiffault, 159 Greenway Terrace, asked that the governing body think outside the box on how they can assist the residents with this issue, noting that this change will have a huge impact on how the town is structured. Ellen Mccourt, 46 Eastbrook Drive, asked for confirmation that the Mayor has the ability to approve ordinances such as whether more crossing guards are needed or if changes need to be made to the way that the streets run. She inquired whether the Mayor and Council can prevent the reconfiguration by not implementing the necessary ordinances. Borough Attorney Sarlo explained that the Mayor and Council have the authority to create ordinances which could entail creating a one-way street or implementing changes to parking regulations. With respect to crossing guards, he advised that the Police Chief has the authority to determine the locations at which crossing guards should be placed. He commented that he does not know whether the Mayor and Council deciding not to implement requested traffic changes would prevent the reconfiguration from moving forward and noted that they are not at that point yet. Mayor Papaleo added that a request has not been made of this body to make changes to the roads which is an area over which the governing body has jurisdiction. Liz Davis, 291 Monroe Avenue, advised that she has attended two Board of Education meetings and no questions have been answered. She inquired whether it would be possible to have the Superintendent attend a Mayor and Council meeting to have a question-and-answer session. Mayor Papaleo reiterated that the governing body has no authority over the Board of Education, and as such, would not have the authority to have the Superintendent attend a Mayor and Council meeting. Ms. Davis inquired whether the governing body can become involved at all due to the safety risks, noting that five pedestrians have been hit by cars this year. Mayor Papaleo expressed his belief that, although members of the governing body can reach out to voice support or concerns as an individual, a political stance as a body should not be taken. He commented that this body will not overstep its authority. Lucia Lee, Bogert Road, inquired whether there is a body at the County or State level that has jurisdiction over the school. She noted that there will be over 400 cars on Bogert Road within a 30 minute window which she does not believe is safe. She noted that no one is listening at the Board of Education level. Borough Attorney Sarlo advised that he does not have the answer to this question and will not provide advice above and beyond going to the Board of Education, the body which has local jurisdiction over this matter. Kate Daibes, Williams Avenue, expressed concern that Ms. Danahy is not listening to Chief Walker’s recommendations and inquired what will happen when there is an issue. Mayor Papaleo commented that this matter is not within the governing body’s jurisdiction, and although the Police Chief can advise, the Board of Education still has jurisdiction. Ms. Daibes noted that it needs to be ensured that traffic flows safely and inquired what will be done if Chief Walker does not feel that doing so is manageable. Mayor Papaleo noted that it is the governing body’s obligation to make this change work if implemented and noted that the only authority that this body would have is with respect to a request for an ordinance change. Mary Davis, 144 Kensington Rd, explained that she is involved due to her profession as a realtor, noting that people move to River Edge for the schools. She commented that there will be many angry residents if the proposed reconfiguration is implemented. She noted that Borough Attorney Sarlo did advise that the governing body could send a letter to relay the concerns of the residents. She expressed her belief that the residents need to be heard. Borough Attorney Sarlo cautioned against the governing body writing a letter unless they have concerns about the impact that the reconfiguration would have on the Borough. Carmen Philbin, Dorchester Road, questioned when the last time a full traffic study was conducted in River Edge. Mayor Papaleo advised that traffic studies are conducted only when needed due to the associated cost. He inquired whether the Police Chief has the authority to conduct a traffic study. Borough Attorney Sarlo confirmed that doing so would be within the Police Chief’s authority, noting that one is usually done to determine the impact of a specific issue. He commented that conducting a traffic study of the entire town would be a monumental task. Ms. Philbin asked for confirmation as to whether the governing body would have jurisdiction should the Board of Education request an ordinance change such as making Bogert Road a one-way road. Mayor Papaleo explained the process should such a request be made as well as a timeline for when such a change could be implemented if the governing body decided to proceed. Jennifer Berninger, 205 Madison Avenue, commented that the Police Department is not in favor of the proposed reconfiguration and noted that it will affect every side street. She remarked that there are so many unanswered questions regarding this issue. Irina Zakharova, 75 Summit Avenue, noted that 700 people have signed a Change.org petition and questioned whether the governing body considers this petition legitimate. She inquired whether there can be a vote of no confidence taken. Mayor Papaleo advised that he is not able to speak to the legitimacy of this petition. He noted that members of the governing body have the ability to voice their stance on this matter on their own but should not be taking a stance as a body at this point. With respect to her question regarding a vote of no confidence, he advised that he is not able to offer legal advice. Ken Schuffenhauer, Millbrook Road, expressed his opinion that a letter from the governing body members as residents may carry more weight than the opinions of the residents present this evening. He noted that the governing body became involved with respect to the Roosevelt Field renovations a few years ago and inquired whether a similar dialogue can be had along those channels. He finished by expressing concern over how the new traffic patterns may impact his street. Mayor Papaleo responded that the Roosevelt Field issue was different as the governing body was looking to make an improvement to this property which gave the Borough standing in the matter. Councilman Chinigo added that the governing body went through the proper channels to request permission from the Board of Education for the Borough to make an improvement on their property. Sebastian Muscarella, 781 Fifth Avenue, expressed that the residents are looking to the governing body to help them in delivering their message to the Board of Education and Superintendent. Councilman Chinigo advised that, as the Traffic & Safety Committee liaison to the Board of Education, he will reach out to the Superintendent to inform her of the concerns that were relayed this evening. He expressed his belief that the residents are being heard by the Board of Education despite there being no engagement during the meetings. Borough Attorney Sarlo confirmed that he does not have an issue with Councilman Chinigo’s proposed course of action. Ellen Mccourt, 46 Eastbrook Drive, noted that a traffic study was conducted which predicted that a 45% increase in traffic on Bogert would result from the proposed reconfiguration. She noted that five people were hit by cars this year and there was a fatality last year and inquired whether the safety risks posed by this reconfiguration are of concern to the governing body. Mayor Papaleo reiterated that the governing body does not have jurisdiction over this matter at this time. Motion by Council President Kaufman, second by Councilman Benson, and all members present voting in favor, to close public comment. COUNCIL COMMENTS – Council President Kaufman announced that the Pride Flag Raising Ceremony will take place on June 18th at 6 pm in Memorial Park. CLOSED SESSION – On a motion from Council President Kaufman, seconded by Councilman Chinigo, and all present voting in favor, the meeting was adjourned to the Closed Executive Session via Resolution #23-191 at 8:54 p.m. #23-191 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 June 12, 2023, regular meeting and discussion of the hereinafter specified subject matter: A. Personnel – N.J.S.A. 10:4-12(b)(8) 1. Finance Department/Borough Clerk Vacancy 2. Police Chief Contract 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 8:54 p.m. Respectfully submitted, Anne Dodd, RMC Borough Clerk