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Mayor & Council

Regular Meeting

River Edge, NJ · August 14, 2023

AgendaMinutes

Minutes

MINUTES Mayor and Council Regular Meeting August 14, 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 7:01 p.m. by Mayor Thomas Papaleo. SILENT PRAYER – FLAG SALUTE Mayor Papaleo asked for a moment of silence for those in Hawaii who have suffered loss as well as those in Midwest and throughout the entire country who have suffered injury, loss and death due to natural occurring weather patterns and disasters. 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 a motion by Council President Kaufman, seconded by Councilman Chinigo, and all members present voting in favor, that the Minutes of the Mayor and Council Regular Meeting and Closed Session Meeting of July 10, 2023 and Mayor and Council Special Meeting of July 17, 2023 are hereby approved. PRESENTATIONS – Plan for Exterior Borough Hall Entrance – Presented by Borough Engineer Jeyson Flores of Costa Engineering advised that he is in attendance on behalf of Robert Costa, Borough Engineer, to present the proposed reconfiguration of the Borough Hall entrance. He reviewed the plans and noted that the proposed improvements will bring this area into compliance with ADA requirements while attempting to maintain the current aesthetic. He commented that the plan is conceptual at this point in time and no materials have been selected. As police vehicles will no longer be able to park on Tenney Avenue, he advised that two parking spaces will be added to the existing 13 spaces in the parking lot along the back of the building, noting that should the lot be milled and paved in the future, an additional spot can be added for a total of 16 spaces. Questions arose as to whether the current monument dedicated to a fallen officer will be preserved. It was confirmed that the monument will be kept intact. Concerns were raised regarding the amount of concrete that is being proposed in place of the brick that is currently in this area. It was also questioned whether input would be sought from the Land Use Board. Motion by Councilman Chinigo, second by Council President Kaufman, and all present voting in favor, to open the floor for public comment on this presentation. No one came forward. Motion by Council President Kaufman, second by Councilman Benson, and all present voting in favor, to close the floor for public comment. Robert Costa, Borough Engineer, commented that this plan meets ADA accessibility and the intent was to create symmetry. He suggested that a committee be formed with the architect involved to finalize this plan. The members of the governing body agreed to the basic plan. Input on the plan is to be sought from the Land Use Board and the materials will be decided at a later point in time. PROCLAMATIONS & AWARDS – Presentation of Award Certificates for the Storm Drain Art Contest Laura Hoogstrate, member of the Environmental Protection Commission, advised that the Storm Drain Art Contest winners and runners-up from Roosevelt and Cherry Hill are being honored this evening. She provided background on this contest and noted that the designs from the winners will be painted onto two storm drains on Continental Avenue, one near Roosevelt and the other near the Library. She acknowledged everyone who was involved in this process including the principals and 5th grade teachers from each school, DPW, and Sarateresa Bartelloni. Council President Kaufman displayed the artwork from each of the following finalists and winners from each school: Roosevelt School: Winner Devyaani Dutta Runners-Up Lily Butler Kate Gilmour Ellie McGerigle Nolan Perrone Shaelyn Talty Cherry Hill: Winner Kaylie Leo Runners-Up Ben An Eden Erdos Hailynn Kwon Zoie Kwon Kalin Lenihan Eileen Mejia Ajashra Tripathi Kaushik Dutta, Devyaani’s father, expressed appreciation to the committee for picking Devyaani’s drawing, noting that she loves painting and was very happy that her artwork was chosen. Mayor Papaleo stated that the governing body is proud of all the contest finalists and winners and thanked everyone who attended this evening. He requested that Ms. Hoogstrate notify the governing body when the date to paint the artwork on the storm drains has been selected. PUBLIC COMMENTS ON ANY ITEM ON THIS AGENDA – On motion by Councilman Benson, seconded by Councilman Chinigo, and all present voting in favor, to open for public comments on any item on the agenda. Colette Murray, 259 Continental Avenue, inquired whether pickleball is on the agenda this evening. It was confirmed that this item is not on tonight’s agenda and Ms. Murray was advised when public comment on non-agenda items can be given. On a motion by Councilman Chinigo, seconded by Councilman Benson, 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 Jeffrey Carney, Esq. as Municipal Public Defender effective July 21, 2023. Approve the retirement of Michael Varrecchia, Police Officer effective July 31, 2023. Approve the resignation of Richard Paolillo, School Crossing Guard effective July 25, 2023. Approve the retirement of John Goble, School Crossing Guard effective July 26, 2023. Approve the increase in longevity for Lisa Hessman, DPW Office Manager/Recycling Coordinator from $1,440.00 to $1,920.00 effective August 28, 2023. Approve the increase in longevity for Scott Ader, DPW Road Foreperson from $1,440.00 to $1,920.00 effective March 23, 2023. Approve the appointment of Tina Mereos to the Board of Health for a 3-year term through December 31, 2025. Approve the resignation of Katie Sullivan, Part-time Police Dispatcher effective August 11, 2023. Mayor Papaleo acknowledged everyone who appeared on the above list, thanking them for their service to the Borough. He then administered the Oath of Office to Tina Mereos who was present this evening, thanking her for her service as a member of the Board of Health. He noted that River Edge was recently rated as one of the five best places to live in New Jersey and expressed his opinion that this rating is due to wonderful volunteers like her. Ms. Mereos advised that she is a River Edge native and has worked in local government for 18 years, noting that she previously worked with both Borough Administrator Aportela and Jim Fedorko, Health Officer, in Teaneck. She expressed that she is honored to serve the Board of Health in River Edge and looks forward to identifying the need for health services within the community and ensuring that they are delivered. 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 - June 14, 2023 Land Use Board - June 28, 2023 Land Use Board - July 12, 2023 Environmental-Green Team - July 18, 2023 Tax Collector - July 2023 FIRST READING – ORDINANCES – Ordinance #23-12 - #23-15 Motion by Council President Kaufman that the following ordinances be introduced and passed on first reading and setting September 14, 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 titles of the ordinances into the record: Ordinance #23-12 – An Ordinance Amending the New Chapter in the Revised General Ordinances of the Borough of River Edge, Entitled ‘Filming” Ordinance #23-13 – An Ordinance to Amend Chapter 206 of the Revised General Ordinances of the Borough of River Edge Entitled “Fees” Ordinance #23-14 – An Ordinance Creating a New Chapter in the Revised General Ordinances of the Borough of River Edge Entitled ‘Prohibition of Domestic Fowl & Roosters’ Ordinance #23-15 – An Ordinance Amending Chapter 65 in the Revised General Ordinances of the Borough of River Edge, Entitled ‘Officers and Employees’ Borough Administrator Aportela advised that the purpose of Ordinance #23-12 is to reduce the fees charged for filming on private property by 50%. She explained that this change is being made in response to concern raised by the NJ Film Commission that the private filming fees were too high. With respect to Ordinance #23-13, she explained that the purpose of this ordinance is to increase the Recreation fees, noting that the programs were no longer sustainable based on the old fees due to increased insurance and maintenance costs. Ordinance #23-14 implements a recommendation from the Board of Health to prohibit domestic fowl. This recommendation was made to ensure the health and safety of the community. Ordinance #23-15 amends the duties of the Qualified Purchasing Agent to permit the QPA to award window contracts, explaining that these contracts are between $17,500 and the bid threshold. On a roll call, 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 (See Ordinance #23-12 - #23-15 attached and made a part hereof.) RESOLUTIONS - By Consent a. #23-230 Resolution Permitting the Possession and Consumption of Alcoholic Beverages at a Block Party on Bogert Road b. #23-231 Resolution to Enter into Agreement with Navarro W. Gray, 55 Main Street, Suite 114, Hackensack, New Jersey 07601 for Professional Services as Municipal Public Defender for the Borough of River Edge c. #23-232 Resolution Permitting the Possession and Consumption of Alcoholic Beverages at a Block Party on The Fenway d. #23-233 Resolution Permitting the Possession and Consumption of Alcoholic Beverages at a Block Party on Richard Court e. #23-234 Approve Severance Payment to Michael Varrecchia f. #23-235 Continuation of Commodity Resale System Agreements g. #23-236 Approve Employment Contract with Police Chief Michael J. Walker h. #23-237 Approve the Hire of a Full-Time Administrative Assistant i. #23-238 Authorize Competitive Contracting Process – Grant Writing Services j. #23-239 Update Personnel Policy & Procedure Manual k. #23-240 Award Contract – River Edge Borough Hall Addition & Alterations l. #23-241 Authorize Tax Collector to Refund Duplicate 3rd Quarter 2023 Tax Payment m. #23-242 Resolution Permitting the Possession and Consumption of Alcoholic Beverages at a Block Party on Tenney Avenue n. #23-243 Resolution Authorizing Advanced Travel Expenses for the Fire Department o. #23-244 Resolution Permitting the Possession and Consumption of Alcoholic Beverages to Let It Grow for a Special Event Being Held on Ackerson Street p. #23-245 Authorize Person-to-Person Transfer of Plenary Retail Distribution License q. #23-246 Confirm Bid Threshold and Process for Awarding Window Contracts r. #23-247 Approve the Appointment of Crossing Guard s. #23-248 Approve the Hire of a Full-time Class III Officer in the Police Department t. #23-249 Approve the Hire of a Full-time Tree Trimmer in the Department of Public Works u. #23-250 Amend Resolution #23-79 Confirming Appointments to the Green Team v. #23-251 Authorize Execution of Shared Services Agreement Between Borough of River Edge & River Edge Board of Education to Provide 2 Class III Officers for 2023/2024 School Year Voted on separately Motion by Councilman Benson, second by Councilman Chinigo, that the Consent Agenda be approved as amended. 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 ******** #23-230 Resolution Permitting the Possession and Consumption of Alcoholic Beverages at a Block Party on Bogert Road WHEREAS, on or about August 14, 2023, the Borough of River Edge granted permission to Kristin Gomez, 847 Bogert Road, River Edge, New Jersey, to hold a block party on Bogert Road between Midland Avenue and Woodland Avenue on Saturday, October 14th from 1:00 to 9:00 p.m. (rain date Sunday, October 15th) in accordance with Borough Ordinance #1678; and WHEREAS, Kristin Gomez 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. #23-231 Resolution to Enter Into Agreement with Navarro W. Gray, 55 Main Street, Suite 201, Hackensack, New Jersey 07601 for Professional Services as Municipal Public Defender for the Borough of River Edge WHEREAS, Jeffrey T. Carney, Esq. was appointed as Municipal Public Defender for the Borough of River Edge on January 4, 2023 via resolution #23-5 for a 1-year term commencing January 1, 2023 and expiring on December 31, 2023; and WHEREAS, Jeffrey T. Carney, Esq. will be resigning effective July 21, 2023. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of River Edge that Navarro Gray, Esq is hereby appointed Municipal Public Defender for the Borough of River Edge to fill the unexpired term of Jeffrey T. Carney, Esq. commencing July 21, 2023 through December 31, 2023 and the Mayor and Borough Clerk are authorized to sign the proposed contract submitted by the Municipal Public Defender. 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. ******** #23-232 Resolution Permitting the Possession and Consumption of Alcoholic Beverages at a Block Party on The Fenway WHEREAS, on or about August 14, 2023, the Borough of River Edge granted permission to Colleen Kiely, 489 The Fenway, River Edge, New Jersey, to hold a block party on The Fenway between Wayne Avenue and Kensington Road on Saturday, September 2nd starting at 3:00 p.m. (rain date Sunday, September 3rd) in accordance with Borough Ordinance #1678; and WHEREAS, Colleen Kiely 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. ******** #23-233 Resolution Permitting the Possession and Consumption of Alcoholic Beverages at a Block Party on Richard Court WHEREAS, on or about August 14, 2023, the Borough of River Edge granted permission to Elizabeth McGinty, 37 Richard Court, River Edge, New Jersey, to hold a block party on Richard Court on Saturday, September 23rd from 2:00 p.m. to 11:00 p.m. (rain date Saturday, September 30th) in accordance with Borough Ordinance #1678; and WHEREAS, Elizabeth McGinty 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. ******** #23-234 Approve Severance Payment to Michael Varrecchia WHEREAS, Officer Michael Varrecchia retired on August 1, 2023 after over 22 years of employment with the River Edge Police Department; and WHEREAS, said employee had accumulated unused vacation days and is due a severance payment as per Borough Ordinance #585, which provides for severance pay when an employee serves the Borough after twenty (20) years or more of continuous service; and WHEREAS, the Chief Financial Officer has determined that Officer Varrecchia is entitled to a severance payment in the amount of $19,510.19. NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Borough of River Edge, County of Bergen, that the aforementioned severance payment in the amount of $19,510.19 is hereby approved. ******** #23-235 Continuation of Commodity Resale System Agreements WHEREAS, the Borough of River Edge operates a commodity resale system, ID# - 99041- RECRS, pursuant to 5:34-7.1, et. seq., which was renewed by the Division of Local Government Services through June 30, 2028; and WHEREAS, the Borough has resold gasoline and/or diesel fuel to the River Edge Board of Education and River Dell Board of Education; and WHEREAS, the Borough has agreed to continue to serve as the Lead Agency to a Commodity Resale System with the River Edge Board of Education and River Dell Board of Education. NOW, THEREFORE, BE IT RESOLVED that the Mayor and Borough Council of the Borough of River Edge hereby authorize the renewal of the River Edge Commodity Resale System Agreements with the River Edge Board of Education and River Dell Board of Education; and BE IT FURTHER RESOLVED that the Mayor and Borough Clerk are hereby authorized to sign said agreements on behalf of the Borough of River Edge; and BE IT FINALLY RESOLVED, that a certified copy of this Resolution along with a copy of each executed Agreement be forwarded to the Division of Local Government Services. ******** #23-236 Approve Employment Contract with Police Chief Michael J. Walker BE IT RESOLVED, by the Mayor and Council of the Borough of River Edge, that the employment agreement between the Borough and Police Chief Michael J. Walker for a term of January 1, 2023 through December 31, 2023, is hereby approved. ******** #23-237 Approve the Hire of a Full-Time Administrative Assistant BE IT RESOLVED by the Mayor and Council of the Borough of River Edge that Dixie L. Rainey is hereby hired as Administrative Assistant for the Finance Department and Borough Clerk’s Office at an annual salary of $45,000 with a six (6) month probationary period, effective August 15, 2023. ******** #23-238 Authorize Competitive Contracting Process – Grant Writing Services WHEREAS, the Borough of River Edge wishes to solicit proposals for Grant Writing Services via competitive contracting pursuant to NJSA 40A:11-4.1(q); and WHEREAS, competitive contracting allows the Borough to evaluate and score proposals based on weighted criteria, including technical, management and cost related criteria to ensure that the most professional grant writer is obtained to meet the needs of the Borough; and WHEREAS, N.J.S.A. 40A:11-4.3 of the LPCL requires that the Mayor and Council adopt a resolution authorizing to utilize competitive contracting in order to initiate the process. NOW, THEREFORE BE IT RESOLVED, by the Mayor and Council of the Borough of River Edge, that the Borough Administrator/Qualified Purchasing Agent is hereby authorized to utilize competitive contracting to solicit and review proposals for the contract for Grant Writing Services; and BE IT FURTHER RESOLVED that said proposals are due by 11:00 A.M. on Friday, September 15, 2023; and BE IT FINALLY RESOLVED that the Borough Clerk is authorized to submit an advertisement soliciting proposals for Grant Writing Services for publication in the Friday, August 18, 2023, issue of the Record in accordance with the Local Public Contracts Law (NJSA 40A:11-4.5) as well as in the New Jersey League of Municipalities. ******** #23-239 Update Personnel Policy and Procedure Manual WHEREAS, the New Jersey Municipal Excess Liability Joint Insurance Fund has established an employment practices risk control program; and WHEREAS, every two years, the New Jersey Municipal Excess Liability Joint Insurance Fund reviews applicable laws and regulations to ensure compliance with all regulations and statutes; and WHEREAS, member municipalities are required to adopt an updated Personnel Policies and Procedures Manual by November 1, 2023; and WHEREAS, the current Personnel Policy and Procedure Manual was adopted on September 13, 2021, via Resolution #21-264. NOW, THEREFORE BE IT RESOLVED, by the Mayor and Council of the Borough of River Edge that the entirely updated Personnel Policy and Procedure Manual is hereby approved. ******** #23-240 Award Contract – River Edge Borough Hall Addition & Alterations WHEREAS, on Thursday, July 6, 2023, at 11:00 a.m., ten bids were submitted at the date and time specified for the River Edge Borough Hall Addition & Alterations and the Borough Administrator did open and read each bid aloud; and WHEREAS, the Borough Architect has reviewed the base bid, as well as alternate bid #1 as submitted by H&S Construction & Mechanical, Inc. in the amount of $2,894,000 and has recommended the base bid and alternate #1 be awarded to H&S Construction & Mechanical, Inc.; and WHEREAS, Chief Financial Officer Chris Battaglia has certified funds are available for this project. NOW THEREFORE BE IT RESOLVED by the Mayor and Council of the Borough of River Edge that a contract for the River Edge Borough Hall Addition & Alterations shall be awarded to H&S Construction & Mechanical, Inc., having its principal office at 721 Bayway Avenue, in Elizabeth, NJ 07202 in the amount of $2,894,000 based on the base bid and alternate bid #1, submitted on July 6, 2023; and BE IT FURTHER RESOLVED that the Mayor and Borough Clerk are hereby authorized to sign said contract on behalf of the Borough of River Edge. ******** #23-241 Authorize Tax Collector to Refund Duplicate 3rd Quarter 2023 Tax Payment WHEREAS, the tax office has received a duplicate and/or tax overpayment for the 3rd Quarter 2023 taxes on the following property; 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 909/8 Nicole Iacolina Duplicate 3,187.00 441 The Fenway Total: 3,187.00 Make check payable to: Wells Fargo Home Mortgage MAC X2302-04D 1 Home Campus Des Moines, IA 50328 Attn: Tax Refunds ******** #23-242 Resolution Permitting the Possession and Consumption of Alcoholic Beverages at a Block Party on Tenney Avenue WHEREAS, on or about August 14, 2023, the Borough of River Edge granted permission to Krista VanWettering, 180 Tenney Avenue, River Edge, New Jersey, to hold a block party on Tenney Avenue between Bogert Road and Elm Avenue on Sunday, September 3rd starting at 11:00 a.m. to 10:00 p.m. in accordance with Borough Ordinance #1678; and WHEREAS, Krista VanWettering 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. ******** #23-243 Resolution Authorizing Advanced Travel Expenses for the Fire Department WHEREAS, N.J.S.A. 40A5-16.1 permits the governing body for any local unit to authorize payment in advance toward expenses for authorized official travel; and WHEREAS, certain officers of the Fire Department have requested an advance payment of travel expenses for attendance at the New Jersey State Firemen’s Convention in Wildwood, New Jersey; and WHEREAS, the Trainings, Seminars, Conferences and Conventions portion of Section Four: Personnel Rules and Regulations of the Borough’s Personnel and Policy Procedure Manual, provides a policy for Fire Department members to attend certain conferences and enumerates regulations pertaining to travel expenses; and WHEREAS, the Chief Financial Officer has certified that funds are available from the Meetings & Seminars line item in the Fire Department Operating Budget in the amount not to exceed $5,000.00; and WHEREAS, the Fire Officers of the Borough of River Edge will verify their expenses and any excess cash will be repaid to the Borough of River Edge along with a detailed bill or items of demand, and the certification or affidavits required by N.J.S.A. 40A:5-16 which will be submitted by the officers within 10 days after the completion of the travel for which the advance was made. NOW, THEREFORE, BE IT RESOLVED that the Accounts Supervisor and Chief Financial Officer are hereby instructed to reimburse up to $5,000.00 to the River Edge Fire Department for life members to go to the New Jersey State Firemen’s Convention, September 14, 15, 16, 2023. BE IT FURTHER RESOLVED that the Borough Clerk is hereby instructed to send a copy of this resolution as well as the policy of the Borough with regard to travel expenses, to each of the Fire Department Officers receiving the advance. ******** #23-244 Resolution Permitting the Possession and Consumption of Alcoholic Beverages to Let It Grow for a Special Event Being Held on Ackerson Street WHEREAS, on or about June 22, 2023, the Borough of River Edge granted permission to Paul Imbaratto, owner of Let It Grow, Inc., 52 Ackerson Street, River Edge, New Jersey, to hold a charity special event on September 23, 2023 from 2:00 p.m. to 11:00 p.m. in accordance with Borough Ordinance #1678; and WHEREAS, the Borough Clerk received the required hold harmless agreement for this event on August 7, 2023; and WHEREAS, Paul Imbaratto has requested that the possession and consumption of alcoholic beverages be permitted in connection with said charity event; and WHEREAS, Borough Code Section 114-18(A) 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 special event. 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 charity special event described above, on the date and time specified herein. ******** #23-245 Authorize Person-to-Person Transfer of Plenary Retail Distribution License WHEREAS, an application has been filed for a Person-to-Person Transfer of Plenary Retail Distribution License Number #0252-44-003-004, heretofore issued to Wine & Liquor River Edge (d/b/a River Edge Liquors), located at 504 Kinderkamack Road in River Edge, NJ 07661; and WHEREAS, the submitted application form is complete in all respects, the transfer fees have been paid, and the license has been properly renewed for the current license term; and WHEREAS, the applicant is qualified to licensed according to all standards established by Title 33 of the New Jersey Statutes, regulations promulgated thereunder, as well as pertinent local ordinance and conditions consistent with Title 33; and WHEREAS, the applicant has disclosed and the issuing authority reviewed the source of all funds used in the purchase of the license and the licensed business and all additional financing obtained in connection with the license business. NOW, THEREFORE BE IT RESOLVED that the Mayor and Council of the Borough of River Edge does hereby approve, effective August 17, 2023, the Person-to-Person transfer of the aforesaid Plenary Retail Distribution License to Jay Kedar LLC t/a River Edge Wines & Liquors located at 504 Kinderkamack Road, River Edge, NJ 07661, and does hereby direct the Borough Clerk to endorse the license certificate to the new ownership as follows: “This license, subject to all its terms and conditions, is hereby transferred to Jay Kedar LLC t/a River Edge Wine & Liquors effective August 17, 2023.” ******** #23-246 Confirm Bid Threshold and Process for Awarding Window Contracts WHEREAS, pursuant to N.J.S.A. 40A:11-3(a), the threshold at which contracts as defined pursuant to the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq. (“LPCL”), may be subject to competitive bidding if they are in excess of the amount designated by the Governor of New Jersey pursuant to N.J.S.A. 40A:11-3(c); and WHEREAS, N.J.S.A. 40A:11-3(c) permits the Governor of New Jersey to adjust the bid threshold, originally set by statute at $25,000.00, for the awarding of contracts pursuant to the LPCL with a designated Qualified Purchasing Agent (“QPA”), in an amount proportional to the index rate as defined in N.J.S.A. 40A:11-2 every five (5) years from the date of the effective date of P.L. 1999, c.440; and WHEREAS, pursuant to previously issued order of the Governor of New Jersey, the bid threshold for the awarding of contracts pursuant to the LPCL with a designated QPA was increased from $40,000.00 to $44,000.00 as of July 1, 2020; and WHEREAS, by Resolution #20-179 adopted July 13, 2020, the Mayor and Council authorized the bid threshold for the Borough of River Edge to be increased to $44,000; and WHEREAS, Borough Administrator, Lissette Aportela, was appointed as the QPA for the Borough of River Edge via Resolution #21-195 on June 28, 2021; and WHEREAS, N.J.S.A. 40A:11-3(a) requires that contracts up to the bid threshold that are required to be bid may be awarded by a QPA, or other employee so designated by the governing body by resolution, and such powers may be generally delegated to the QPA; and WHEREAS, P.L. 2023 Chapter 30, allows the QPA to award directly either through a fair and open or an enhanced disclosure method as appropriate such contracts which exceed the limits set forth in P.L. 2004, c 19, s. 3, but do not exceed the provisions of N.J.S.A. 40A:11-3(a), and WHEREAS, the Borough of River Edge wishes to confirm the desire to take advantage of the increased bid threshold which was enacted to increase efficiency and adjust for changes in purchasing and business dynamics, and further wishes to confirm the statutory general delegation of this purchasing power to Lissette Aportela as the Borough’s duly-appointed QPA; and WHEREAS, P.L. 2023 Chapter 30 repealed Section 1 of P.L. 2005, c. 271 (N.J.S.A. 40A:11-51); and WHEREAS, Sections 11 and 12 of the P.L. 2023 Chapter 30 amend N.J.S.A. 19:44A-20.4 and 20.5, respectively, to clarify that the governing body of a municipality or county (or any agency or instrumentality thereof) may delegate the authority to award a contract having an anticipated value in excess of $17,500 but below the increased bid threshold of a Local Public Contracts Law contracting unit with a qualified purchasing agent (i.e. a “window contract”) to the QPA. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of River Edge as follows: 1. The Mayor and Council, as the governing body of the Borough, hereby maintains its bid threshold as $44,000.00. 2. Lissette Aportela shall be and is hereby confirmed as the Borough’s QPA and, as such, she shall be and is hereby authorized to exercise the contracting powers granted pursuant to N.J.S.A. 40A:11-3, including to prepare, sign, and execute such documents as needed for the purposes of such an award. 3. Lissette Aportela, as the Borough’s QPA has the authority to award a contract having an anticipated value in excess of $17,500 but below the increased bid threshold of a Local Public Contracts Law pursuant to P.L. 2023 Chapter 30, Section 12. ******** #23-247 Approve the Appointment of Crossing Guard BE IT RESOLVED by the Governing Body of the Borough of River Edge that Craig Bartnicki be and he is hereby appointed as a part-time School Crossing Guard at an hourly probationary rate of $18.00 with a six-month probationary period. BE IT FURTHER RESOLVED, that the appointment date is predicated on passing a physical examination. ******** #23-248 Approve the Hire of a Class III Officer in the Police Department BE IT RESOLVED by the Mayor and Council of the Borough of River Edge that Doug Ohlendorf is hereby hired as a salaried Class III Officer in the Police Department at an hourly rate of $38.00, effective August 15, 2023. ******** #23-249 Approve the Hire of a Full-time Tree Trimmer in the Department of Public Works BE IT RESOLVED by the Governing Body of the Borough of River Edge that Joel Gutierrez Alonso be and he is hereby hired as a full-time Tree Trimmer in the Department of Public Works at an annual Tree Trimmer, Step 1 salary of $ 62,967.00 with a one (1) year probationary period, effective September 5, 2023. ******** #23-250 Amend Resolution #23-79 Confirming Appointments to the Green Team WHEREAS, the Governing Body of the Borough of River Edge adopted resolution #23-79 on February 16, 2023 confirming appointments to the Green Team. NOW, THEREFORE, BE IT RESOLVED, that resolution #23-79 is hereby amended to add the following member to the Green Team. • Linda Mei ******** #23-251 Authorize Execution of Shared Services Agreement Between Borough of River Edge & River Edge Board of Education to Provide 2 Class III Officers for 2023/2024 School Year Motion by Councilman Chinigo, second by Councilman Benson, that Resolution $23-251 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 ******** #23-251 Authorize Execution of a Shared Services Agreement Between the Borough of River Edge and the River Edge Board of Education to Provide 2 Class III Officers for the 2023/2024 School Year WHEREAS, pursuant to the Uniform Shared Services and Consolidation Act, N.J.S.A. 40A:65-1 et seq., municipalities and local boards of education may enter into agreements for shared services with other municipalities and local boards of education to provide or receive any service that the local unit participating in the agreement is empowered to provide or receive within its own jurisdiction; and WHEREAS, the agreement must comply with the requirements of N.J.S.A. 40A:65-7 and specify the services to be performed under the agreement, procedures for payment, and assignment and allocation of responsibility for meeting standards between and among the parties; and WHEREAS, the Borough of River Edge and the River Edge Board of Education desire to join together to provide two Class III, Special Law Enforcement Officers for the 2023/2024 School Year pursuant to the attached Shared Service Agreement; and WHEREAS, the Borough of River Edge desires to enter into an Agreement with the River Edge Board of Education for the purpose of setting forth the terms and conditions regarding the assignment of the Class III, Special Law Enforcement Officers for the 2023/2024 School Year. THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of River Edge, as follows: 1. The Mayor is authorized to execute and the Borough Clerk to attest to the attached Shared Services Agreement between the Borough of River Edge and the River Edge Board of Education to provide two Class III, Special Law Enforcement Officers. 2. A copy of said Agreement will be kept on file within the Borough Clerk’s Office. 3. All terms and conditions are in accordance with the attached Shared Services Agreement. 4. Certified copies of this resolution shall be forwarded to the Department of Community Affairs/Division of Local Government Services (DLGS), the River Edge Board of Education, Borough Administrator, Chief Financial Officer and Chief of Police. ******** #23-252 Payment of Bills Council President Kaufman read resolution #23-252 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 August 14, 2023. BE IT RESOLVED, that the Mayor and Council of the Borough of River Edge approve the following expenditures. CURRENT FUND $8,498,809.78 CAPITAL FUND $ 222,893.28 GRANT FUND $ 9,804.62 TRUST OTHER FUND $ 5.00 OPEN SPACE FUND $ 6,099.35 PAYROLL FUND $ 18,301.98 DEVELOPER’S ESCROW FUND $ 6,465.00 SELF INSURANCE TRUST FUND $ 2,781.83 RECREATION TRUST FUND $ 8,677.60 Motion by Council President Kaufman, second by Councilman Chinigo, that Resolution #23-252 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 – Request by Historic Commission to meet in person/ Request by Environmental Protection Commission/Green Team to meet in person Councilman Benson explained that the Historic Preservation Commission has requested to meet in person on September 26th as there is a need to test QR codes. Borough Attorney Sarlo advised that, although it is his preference to have consistency in the meeting format among the various boards, commissions, and committees, he does not have an issue with HPC meeting in person for this one meeting due to the circumstances. Councilman Benson indicated that HPC planned to discuss at this meeting whether to request that they meet in person going forward. On behalf of Councilwoman Malellari, Council President Kaufman explained that, due to technical difficulties, the Environmental Protection Commission would like to move to in-person meetings through July 2024. She added that Councilwoman Malellari was working with the Library Director to determine availability to meet at the Library. Concerns were raised regarding inconsistency in meeting format among the boards, commissions, and committees and the confusion that it may cause for the public. It was suggested that requests to meet in person only be granted for extenuating circumstances. After some discussion, it was decided to grant the request from HPC to meet in person on September 26th. The requests from HPC and EPC to meet in person going forward will be revisited when the entire governing body is present. Bergen County Historical Society Requests - Baronfest Mayor Papaleo advised that a request was received today from the Bergen County Historical Society to place a banner at the corner of Main Street and Kinderkamack Road 10 days prior to the Baronfest event on September 30, 2023. Borough Clerk Dodd added that this organization has also requested that a portion of the outside duty rate be waived to have a uniformed officer be present at this event. She explained that, in the past, a resolution has been adopted to waive the outside duty rate of $135 and charge the actual overtime rate of the officer who is assigned. She noted that approval can be given this evening with a memorializing resolution listed on the September 14th agenda. It was agreed that the request to place the banner at the intersection of Main Street and Kinderkamack Road is to be coordinated with the DPW. Motion by Councilman Benson, second by Councilman Chinigo, and all present voting in favor, to grant the request to place the Baronfest banner at the corner of Main Street and Kinderkamack Road 10 days prior to this event. Motion by Councilman Chinigo, second by Councilman Benson, and all present voting in favor, to grant the request to waive the outside duty rate of $135.00 and to charge the actual overtime rate of the police officer who is assigned to work this event. A memorializing resolution regarding the outside duty rate is to be listed on the September 14th agenda for approval. OLD BUSINESS – Update on Construction Projects Please see attached. PUBLIC COMMENTS – Motion by Councilman Benson, second by Councilman Chinigo, and all members present voting in favor, to open public comments. Donna Sanders, 674 Millbrook Road, advised that she lives directly behind the tennis courts and noted that people are on the courts as early as 6 am at times. She expressed concern over the noise that pickleball generates especially given that the 8 am start time for use of the courts is not being enforced. Mayor Papaleo provided background information on the decision to put pickleball lines on one of the tennis courts and commented that this location may not be permanent. He explained that it is possible that the courts may be relocated to KBG provided that there is sufficient funding to do so as part of the improvements that are being done. With respect to the breach of hours for play, he advised that the Borough Administrator will relay this information to the Police Department. He requested that Ms. Sanders also reach out to the governing body when a violation of the hours for use of the courts occurs. Borough Administrator Aportela explained that, as part of the overall KBG project, an area that currently consists of 11 parking spaces will be converted to green space and can serve as a multipurpose court to include pickleball. She further explained that, once the project is complete, the money set aside will be evaluated. An answer is also awaited from the DEP as to whether this newly set aside area can be improved to create a pickleball court. She noted that doing so would require approval from the governing body and coordination by the Recreation Director with the DPW Superintendent and CFO to put a plan in place. She commented that it anticipated that this plan would come before the governing body in November or December. Ms. Sanders questioned which court is being lined for pickleball and she was told that it would be the court located furthest from the houses. Toni Pasqualicchio, 92 Surrey Lane, noted that there are over 100 people within River Edge who are interested in this sport and she thanked the Mayor and Council for considering this request. Colette Murray, 259 Continental Avenue, expressed concern over the noise that pickleball will generate, commenting that the tennis courts are not a good location. She inquired whether noise mitigation or limiting hours have been considered. Mayor Papaleo advised that Ms. Murray’s concerns will be sent to the Recreation Commission for comment. As Borough Administrator Aportela reported that the striping has not taken place yet due to a delay in the delivery of the tape, Mayor Papaleo stated that he will gauge the temperature of the governing body on whether the taping of the court should be suspended once public comment has concluded. Tracy Levine, 535 Bogert Road, thanked the Mayor and Council for approving pickleball and advised that there are solutions for noise, noting that the court that is located furthest from the homes was selected. She noted that a study was conducted by George Washington University on the decibel level of pickleball which she commented is not as loud as other sources of noise such as vehicles. Mayor Papaleo requested that Ms. Levine forward the referenced study to the Borough as well as suggested methods for sound mitigation. Motion by Councilman Benson, second by Council President Kaufman, and all members present voting in favor, to close public comment. Borough Administrator Aportela was requested to email the Police Department regarding enforcement of the noise ordinance and hours for public use of the tennis courts. Although Councilman Chinigo stated that he would like to suspend the striping and relist this topic for discussion on September 14th to give the public an opportunity to speak on this issue, Councilman Benson and Council President Kaufman expressed that, due to the demand for this sport and the fact that this location is temporary, they would like to striping to move forward with timeframes for play enforced. COUNCIL COMMENTS – There were no Council Comments. CLOSED SESSION – On a motion from Council President Kaufman, seconded by Councilman Benson, and all present voting in favor, the meeting was adjourned to the Closed Executive Session via Resolution #23-253 at 8:40 p.m. #23-253 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 August 14, 2023, regular meeting and discussion of the hereinafter specified subject matter: A. Personnel – N.J.S.A. 10:4-12(b)(8) 1. Succession Planning 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 Councilman Benson, and unanimously carried, to adjourn this meeting. The meeting was adjourned at 8:40 p.m. Respectfully submitted, Anne Dodd, RMC Borough Clerk BOROUGH OF RIVER EDGE ORDINANCE NO. 23-12 AN ORDINANCE AMENDING THE NEW CHAPTER IN THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF RIVER EDGE, ENTITLED ‘FILMING’ BE IT ORDAINED by the Mayor and Council of the Borough of River Edge, County of Bergen, State of New Jersey, as follows: Section 1. Section 10 entitled “Fees” is amended by the following: Remove: A. Basic filming permit: $500. Where an applicant requests a waiver of the provision of § 3A requiring expedited processing of a permit application within 24 hours of the filming date, the basic filming permit fee for processing the application on an expedited basis shall be $750. B. Daily filming fee payable in addition to the basic filming permit when filming either on public or private property: $250 per day. C. Daily filming fee payable for major motion picture when filming either on public or private property: $1,000 per day. D. Filming permit for nonprofit applicants filming for educational purposes (no daily rate required): $25. E. Student films for school purposes: No Fee Add: A. Basic filming permit: $500. Where an applicant requests a waiver of the provision of § 3A requiring expedited processing of a permit application within 24 hours of the filming date, the basic filming permit fee for processing the application on an expedited basis shall be $750. B. Daily filming fee payable in addition to the basic filming permit when filming on public property: $250 per day. C. Daily filming fee payable in addition to the basic filming permit when filming on private property: $125 per day. D. Daily filming fee payable for major motion picture when filming on public property: $1,000 per day. E. Daily filming fee payable for major motion picture when filming on private property: $500 per day. F. Filming permit for nonprofit applicants filming for educational purposes (no daily rate required): $25. G. Student films for school purposes: No Fee Section 2. Any and all other ordinances or parts thereof in conflict or inconsistent with any of the terms hereof are hereby repealed to such extent as they are so in conflict or inconsistent. Section 3. In case any article, section or provision of this ordinance shall be held invalid in any court of competent jurisdiction, the same shall not affect any other article, section or provision of this ordinance except insofar as the article, section or provision so declared invalid shall be inseparable from the remainder or any portion thereof. Section 4. This Ordinance shall take effect immediately upon final passage and publication as required by law. INTRODUCED: ADOPTED: ___________________________________ Thomas Papaleo, Mayor ATTEST: _________________________________ Anne Dodd, RMC, CMR Borough Clerk/Assistant Borough Administrator BOROUGH OF RIVER EDGE ORDINANCE #23-13 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 JJ, entitled “Recreation Department fees”, shall be replaced in its entirety by the following: (1) Summer Playground Program: Item Fees th Early registration (Resident) through 11:59pm on May 8 $330 th Regular registration (Resident) from May 9 at 12:00am through 11:59pm on $370 May 31st Late registration (Resident) from June 1st at 12:00am through 11:59pm on June $400 12th Non-Resident registration through 11:59pm on June 12th $600 Each Additional T-Shirt $7 Special Trips $10 - $100 A. The fees, dates, and eligibility terms contained within this Section entitled Summer Playground Program are approved for the 2023 season. B. Registration dates, terms, eligibility, and fees will be set annually, thereafter, by Resolution of the Mayor and Council as recommended by the Director of Recreation and Cultural Affairs. C. A $25 administrative fee will be deducted from all canceled registrations and refund requests. D. 100% of the registration fee minus the $25 administrative fee shall be refunded for all registration cancellation requests made in writing to the Recreation Director from the opening date of registration through June 1st of each year. E. 50% of the registration fee minus the $25 administrative fee shall be refunded for all registration cancellation requests made in writing to the Recreation Director from June 2nd through 14 days prior to the start date of camp each year. F. No refunds shall be given for any registration cancellation requests made within 13 days of the start of camp through the duration of camp each year. G. Residents of the Borough of River Edge are eligible for Early, Regular, and Late registration rates as set forth annually by Resolution of the Mayor and Council. H. Non-Residents are defined as 1. students attending any elementary (Kindergarten through 6th Grade) schools located within River Edge who do not reside within the Borough of River Edge’s geographical boundaries or 2. children who will be residing in River Edge for the summer season. Non-Residents who meet at least one of these criteria are eligible for Non-Resident registration rates as set forth annually by the Mayor and Council. (2) Adult Programs (per season): Item Fees Men’s Softball $50 Women’s Softball $50 Various programs/special trips $0 to $125 Item Fees Women’s Kickball $55 Women’s Badminton $40 Adult Open Gym Programs (October through June) $40 Senior Exercise Programs (Non-Residents Only) $5 per class A. The fees, dates, and eligibility terms contained within this Section entitled Adult Programs (per season) are approved for programs starting with the Fall 2023 season. B. Registration fees, dates, and eligibility terms will be set annually, thereafter, by Resolution of the Mayor and Council as recommended by the Director of Recreation and Cultural Affairs. C. Requests for refunds must be made in writing to the Recreation Director no later than 14 days prior to the start of the season. Refund requests made in writing to the Recreation Director up to 14 days prior to the start of the season will receive 100% of the registration fee minus a $25 administrative fee. D. No refunds shall be given within 13 days of the start date of each season. E. Registration for the programs listed in this Section entitled Adult Programs (per season) are open to River Edge and Oradell residents only with the exception of Tennis Membership and Adult Open Gym, which are only open to River Edge residents. F. Seniors are defined as persons 62 years of age or older. G. Non-Residents are defined as persons not residing within the geographical boundaries of the Borough of River Edge. H. All Borough of River Edge-sponsored programs, defined as those sponsored by the Borough of River Edge, the River Edge Recreation Commission or the Central Athletic Council, that are contained within this Section entitled Adult Programs (per season), shall contribute $20 per participant per program and per season, unless exempted, to a dedicated trust fund to be used towards maintenance and improvements of Borough of River Edge-owned recreational facilities and/or towards lighting costs of Borough-owned recreational facilities or towards the costs of secondary insurance policies for these programs. I. The Recreation Director shall prepare a report at the end of each season providing details of each program including the number of participants, the revenue collected, and the amount that is payable to the dedicated trust fund. This report shall be presented to the Recreation Commission for their review. Upon a satisfactory report, transfer of the $20 per participant fee to the dedicated trust fund shall be done by Resolution of the Recreation Commission and provided to the Finance Office. J. A $10 discount may be deducted from Men’s Softball and Women’s Badminton registration fees when registering for both Spring and Fall seasons at the same time upon recommendation of the Recreation Director and approval by the Recreation Commission and Mayor and Council. K. To be eligible to be a Borough-sponsored program, recommendation of the Recreation Director with approval by the Recreation Commission and Mayor and Council is required. (3) Tennis and Pickleball: Tennis Annual Membership (Individual) $38 Tennis Annual Membership (Family) $58 Pickleball Registration (reserved) A. Registration is required for use of the River Edge Tennis Courts. B. The season is from April 1st through November 1st of each year weather permitting. The season dates are subject to adjustment and courts are subject to be opened and/or closed due to weather conditions at the discretion of the Recreation Director. C. The courts are open for play to registered participants from 8am to dusk. D. Registration for the programs listed in this Section entitled Tennis and Pickleball are open to River Edge residents only. E. The fees are approved for the 2023 season. F. No refunds shall be given. G. For-profit vendors using the facilities shall pay $40 to the Borough of River Edge for each participant of each program each season. A season is defined as one hour of court usage for up to six consecutive weeks or portion thereof. (4) Special Events: A. River Edge Run Pre-Race Day of Race USATF Members & First Responder Fee Discount 5k $30 $35 $5 (Pre-Race only) Healthwalk $12 $15 Fun Run $7 $10 B. 4th of July Fair, vendor booth 12 by 12: $100 C. Various special events: $100. (5) Picnic Rentals: A. Picnic Rental Permits will only be available to River Edge residents. B. Permits for River Edge residents, 100 attendees or less: - $75 C. Permits for River Edge residents, 100 attendees or more: $150 D. Permits for Borough of River Edge-sponsored events, River Edge or River Dell Public Schools - $0 E. Permits for meetings of River Edge based registered 501C3 organizations or non-profits - $25 F. Permits for special events or fundraisers of River Edge based registered 501C3 organizations or non-profits - $100 G. The Borough of River Edge reserves the right, at its sole discretion, to impose an additional $500 fee for special events which include but are not limited to bounce houses, inflatables, and food trucks. H. Requests for refunds must be made in writing to the Recreation Director no later than 14 days prior to the date of the picnic. Refund requests made in writing to the Recreation Director up to 14 days prior to the date of the picnic shall receive 100% of the registration fee minus a $25 administrative fee. I. No refund requests shall be granted approval within 13 days prior to the date of the picnic. J. The fees, dates, and eligibility terms will be set annually by Resolution of the Mayor and Council as recommended by the Director of Recreation and Cultural Affairs. (6) Use of Recreational Fields and Facilities by Non-River Edge Organizations and For-Profits: A. Seasons: 1. Spring (11 consecutive weeks): 2nd week of April through 3rd week in June (weather- permitting) 2. Summer (11 consecutive weeks): 4th week of June through week before Labor Day in September 3. Fall (11 consecutive weeks): Labor Day week in September through 3rd week in November (weather-permitting) B. Field and Facilities Timeslots are 8:30am to 11:30am, 12noon to 3pm; 3:30pm to 6:30pm. Exceptions to these timeslots are at the discretion of the Borough of River Edge. C. For-Profit’s seasonal programs, up to 11 consecutive weeks or portion thereof, shall pay $40 to the Borough of River Edge for each participant of each program each season. D. Fees for For-Profit’s weekly camp and/or clinic programs shall be $750 for up to 25 hours of use or portion thereof for each camp or clinic program (hours must be used within five consecutive days). E. 100% of the fee minus a $25 administrative fee shall be refunded for cancellation requests made in writing to the Recreation Director up to 14 days prior to the start date of the program. F. No refunds shall be given for cancellation requests made within 13 days of the start date of the program. G. The fees, dates, and eligibility terms will be set annually by Resolution of the Mayor and Council as recommended by the Director of Recreation and Cultural Affairs. H. Non-River Edge organizations are defined as organizations whose primary address is not based within the geographical boundaries of River Edge and/or whose members do not exclusively reside within River Edge. Membership rosters and proof of residency shall be required. I. Use of River Edge recreational facilities by Non-River Edge organizations shall be recommended by the Recreation Director with approval by the Recreation Commission and the Mayor and Council. (7) Use of Recreational Fields and Facilities by the Borough of River Edge, Borough of River Edge, the River Edge Recreation Commission or the Central Athletic Council Leagues: A. Programs within this category shall contribute $20 per participant per program and per season, unless exempted, to a dedicated trust fund to be used towards maintenance and improvements of Borough of River Edge-owned recreational facilities and/or towards lighting costs of Borough- owned recreational facilities or towards the costs of secondary insurance policies for these programs. B. The fee for programs within this category shall take effect on January 1, 2024 and remain in effect through December 31, 2024. Thereafter, the fee shall be set annually by Resolution of the Mayor and Council as recommended by the Recreation Director. (8) Sponsorship: A. A sponsor may offer monetary or other acceptable material support to any authorized Borough program or related activity. This may include, but not necessarily be limited to, providing financial support to a Borough recreation program, activity or facility improvement or modification that provides a public benefit, subject to any applicable laws, ordinances and authorization by the governing body or Borough Administrator. Sponsors shall be entitled to recognition or acknowledgment by way of public address, approved signage, written announcements, correspondence or other appropriate means, subject to the following standard terms and conditions: B. All sponsorship proposals equal to or less than $5,000, including creation of sublevels may be set and approved by the Borough Administrator. Proposals in excess of $5,000 in material value are required to be approved by the governing body upon the recommendation of the Borough Administrator. C. No program participant, Borough employee or official shall be required to participate in surveys or focus groups as a condition of any such sponsorship. D. Such recognition in any manner shall not constitute the Borough's endorsement of any product, service or program provided by the sponsor. E. All sponsorships shall be appropriate for audiences of all ages and shall not promote any illegal or discriminatory activity. 4th of July, RiverEdge Run, Halloween in the Park, Annual Holiday Lighting Range & River Edge Day: Platinum OR Major (includes sponsors for Movie in the Park & Concert in the $1,000 to $5,000 Park for 4th of July) Gold $500 to $1000 Silver $200 to $500 Bronze $100 to $200 Patron or Family $25 to $100 (9) Memorial Bench Program: Memorial Bench Program $7,500 Section 2. Any and all other ordinances or parts thereof in conflict or inconsistent with any of the terms hereof are hereby repealed to such extent as they are so in conflict or inconsistent. Section 3. In case any article, section or provision of this ordinance shall be held invalid in any court of competent jurisdiction, the same shall not affect any other article, section or provision of this ordinance except insofar as the article, section or provision so declared invalid shall be inseparable from the remainder or any portion thereof. Section 4. All fees contained in Subsection JJ of this Chapter shall be reviewed on an annual basis by the Recreation Director and set by Resolution of the Mayor and Council no later than March 31st of each calendar year. Section 5. 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 BOROUGH OF RIVER EDGE ORDINANCE NO. 23-14 AN ORDINANCE CREATING A NEW CHAPTER IN THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF RIVER EDGE, ENTITLED ‘PROHIBITION OF DOMESTIC FOWL AND ROOSTERS’ WHEREAS, Borough of River Edge Board of Health, Health Officer, and his/her designated Registered Environmental Health Specialists have a responsibility to maintain an ensure the public’s health, welfare and safety of all members of the Borough of River Edge community; and WHEREAS, after extensive research and review of keeping domestic fowl due to the growing phenomenon, The Borough of River Edge Board of Health has determined that this ordinance be adopted to address the definitions, regulations and specifications of prohibiting them within the Borough of River Edge; and WHEREAS, the definition of “Domestic Fowl” shall be as follows and defined within the recommended Ordinance, “Birds mostly kept for meat consumption and the production of byproducts such as eggs or feathers, which shall include, but not be limited to, chickens, ducks, turkeys, geese and pigeons”; and WHEREAS, the Board of Health has heard the complaints of the public community regarding currently kept domestic fowl causing public health nuisances such as foul odors, the existence and presence of stagnant water and liquid, uncontrollable noises and improper property maintenance which may be injurious to the health of the inhabitants of this municipality and allow cause of discomfort to persons living or passing in the vicinity thereof; and WHEREAS, the existence or presence of domestic fowl within the Borough of River Edge may allow the nuisance of the accumulation of domestic animal feces, garbage, refuse, manure, animal or vegetable matter which attract flies, rodents, vermin or other insects; and WHEREAS, Coops, Chicken runs, chicken Houses, or other enclosed structures that accumulate of or maintain their food, water, husbandry matter or things may serve or constitutes a breeding place or harborage areas and conditions for insects, vermin or rodents within the Borough of River Edge; and WHEREAS, The New Jersey Department of Agriculture has named the following communicable diseases, which originate within domestic fowl, dangerous and transmissible: Laryngotracheitis, Duck viral enteritis, Newcastle disease, Plaque-like Avian Influenza, Fowl cholera, Fowl or bird Pox, Chlamydiosis, Salmonella, Tuberculosis, Mycoplasmosis, Pullorum disease and fowl typhoid, or such other dangerous diseases. NOW, THEREFORE BE IT ORDAINED by the Mayor and Council of the Borough of River Edge, County of Bergen, State of New Jersey, as follows: Section 1. A new chapter entitled “Prohibition of Domestic Fowl and Roosters” is created with the following: § 1 INTENT The intent of this ordinance is to define, enact and regulate the prohibition of keeping domestic fowl within the Borough of River Edge while protecting the health, safety and general welfare of the residents and the public community. § 2 DEFINTIONS Board of Health The governing body concerned with public health within the Borough of River Edge. Chicken run or pen shall mean a fenced, covered, or other type of enclosure open to the elements, for the purpose of allowing chickens to roam freely while remaining in a predator-safe environment potentially attached to a henhouse or chicken coop. Domestic Fowl shall mean, birds in the zoological class of Galliformes, Anseriformes and Columbidae which can be commonly kept for the consumption, sell or production of meat, eggs, feathers, or other by product, which shall include, but not be limited to, chickens (roosters and hens), ducks, quail, geese, swans, doves, turkeys, pigeons, pheasant pea fowl, guinea fowl, ostriches, peacocks and emus; but excluding tropical birds generally confined to small indoor cages, such as parrots, parakeets, finches, canaries and the like. Feed To give, place, expose, deposit, distribute or scatter any edible material with the intention of feeding, attracting or enticing wildlife or domesticated animals. Feeding does not include baiting in the legal taking of fish and/or game. Fowl SEE definition for DOMESTIC FOWL Health Officer A public health official who, and his/her designees administers and enforces laws pertaining to environmental health and sanitation. Hen A domestic female hen considered a chick, pullet, or adult. Henhouse or Chicken Coop A structure providing shelter for chickens which is completely enclosed, predator resistant and allows for sunlight, ventilation, and seasonal protection from elements. Owner Any individual, firm, company, organization, association, syndicate, partnership, or corporation having legal or sufficient proprietary interest, in charge, in care, or in control of all premises. Person shall mean any individual or entity owning property within the Borough of River Edge Pet Cemeteries Any burial ground building provided by any person, whether for profit, to veterinarians or members of the public for use, or reservation for use, for the permanent interment or inurnment above or below ground of pet remains. Rodent Small gnawing mammals such as a mouse, squirrel, or rats Rooster shall mean a chicken who is six weeks or older with distinguished plumage color, long tail feathers, a large comb and wattles or a male domestic chicken capable of crowing and fertilizing hen’s eggs. Vermin Any noxious species including but not limited to flies, fleas, insects, and certain species of beetles. Wildlife Living things and especially mammals, birds, and fishes that are neither human nor domesticated includes but not limited to racoons, bears, deer’s, ground hounds, chipmunks, squirrels or other independently living species within the borough of River Edge § 3 PROHIBITION OF KEEPING LIVE DOMESTIC FOWL OR ROOSTER A. No person or owner within the Borough of River Edge shall maintain any live Domestic Fowl including but not limited to cud-chewing or hoofed animals, roosters kept in chicken runs, pens, houses, coops or allow to free roam, Except for the Bergen County Zoo within Van Saun County Park. B. It shall be unlawful for anyone to keep pigeons for any purpose, in chicken runs, pens, houses or coops or free roaming. C. It shall be unlawful to keep any rooster within the Borough of River Edge. 1. No person shall allow domestic fowl or roosters to be kept on premises that scream, chatter or crow in violation to Borough Chapter 296, entitled “Noise.” D. Any owner or person keeping domestic fowl or roosters within the Borough of River Edge prior to the adoption of this ordinance, shall forfeit their ownership within 60 days of the effective date of this ordinance or a reasonable time allocated by the Board of Health. 1. All domestic fowl shall be removed from premises as per Section 5A of this ordinance. 2. It shall be unlawful to remove or relocate domestic fowl or roosters in an inhumane manner or is not in the direction of the Board of Health, The Health Officer, or his/her designees. § 4 PROHIBITION OF BREEDING DOMESTIC FOWL A. No owner or person shall breed, raise, sell domestic Fowl or their byproducts for domestic or commercial purposes within the Borough of River Edge. § 5 NOTICE TO REMOVE A. The owner or person in violation of this ordinance, is hereby required to remove, from such lands and property, any domestic fowl found, witnessed, proven to exist or observed by the Health Officer or his/her designee, no less than 24 hours, after receipt of a Notice of Violation stating abatement requirements. 1. All domestic fowl shall be relocated or sold to a commercial farm or similar entity in a county, town or state that allows the keeping of domestic fowl. 2. Additional abatement regulations which may be required must be followed at the will of the Health Officer and his/her designees. B. It shall be unlawful for any person to slaughter any domestic fowl or rooster within the Borough of River Edge. C. Domestic Fowl may not be buried at any depth within the Borough of River Edge. D. It shall be unlawful to have a pet cemetery within the Borough of River Edge. § 6 ENFORCEMENT A. This article shall be enforced by the Health Officer and his/her designees and the Police Department. B. Whenever the Health Officer and his/her designees or the Police Department become aware that domestic fowl are being kept within the Borough of River Edge or observe any violation named in this article, they may issue a summons which shall be answerable before the Borough Judge. C. A violation of any of the provisions of any article that exists repeatedly shall constitute as a separate violation daily. § 7 VIOLATION AND PENALITES A. Except as otherwise provided by N.J.S.A. 4:19-15.1 et seq., any person who violates this chapter shall be liable to a penalty of not less than two hundred and fifty dollars ($250.00) no more than one thousand ($1000.00) for each individual and if applicable, daily offense, in the name of the Borough of River Edge. B. Complaints shall be made to the Municipal Court in the Borough of River Edge, or any other court that shall be of competent jurisdiction. This provision shall not be construed as to limit the court's power to impose other and additional penalties as provided by N.J.S.A. 26:3-77 and 26:3-78. Section 2. Any and all other ordinances or parts thereof in conflict or inconsistent with any of the terms hereof are hereby repealed to such extent as they are so in conflict or inconsistent. Section 3. In case any article, section or provision of this ordinance shall be held invalid in any court of competent jurisdiction, the same shall not affect any other article, section or provision of this ordinance except insofar as the article, section or provision so declared invalid shall be inseparable from the remainder or any portion thereof. Section 4. This Ordinance shall take effect immediately upon final passage and publication as required by law. INTRODUCED: ADOPTED: ___________________________________ Thomas Papaleo, Mayor ATTEST: _________________________________ Anne Dodd, RMC, CMR Borough Clerk/Assistant Borough Administrator BOROUGH OF RIVER EDGE ORDINANCE NO. 23-15 AN ORDINANCE AMENDING CHAPTER 65 IN THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF RIVER EDGE, ENTITLED ‘OFFICERS AND EMPLOYEES’ BE IT ORDAINED by the Mayor and Council of the Borough of River Edge, County of Bergen, State of New Jersey, as follows: Section 1. Section 65-32 entitled “Responsibilities” of Article VIII, entitled “Borough Administrator” is amended by the following: Remove: J. Establish and oversee a proper purchasing system as the Borough's Purchasing Agent; approve all specifications for goods and services to be purchased by the Borough by public bid or formal solicitation of proposals, except for the technical portions of specifications prepared by any licensed professional; authorize and approve the purchase of all materials, supplies, equipment, and labor and services under contract required by any department, office or agency of the Borough; receive and open all requests for bids, proposals, and qualifications; administer the Borough's P-Card program; and approve all bills and vouchers submitted for payment prior to their submission to the Mayor and Borough Council for approval. Add: J. Establish and oversee a proper purchasing system as the Borough's Qualified Purchasing Agent; award contracts under the bid threshold, including window contracts over $17,500 pursuant to P.L. 2023, c. 30; approve all specifications for goods and services to be purchased by the Borough by public bid or formal solicitation of proposals, except for the technical portions of specifications prepared by any licensed professional; authorize and approve the purchase of all materials, supplies, equipment, and labor and services under contract required by any department, office or agency of the Borough; receive and open all requests for bids, proposals, and qualifications; administer the Borough's P-Card program; and approve all bills and vouchers submitted for payment prior to their submission to the Mayor and Borough Council for approval. Section 2. Any and all other ordinances or parts thereof in conflict or inconsistent with any of the terms hereof are hereby repealed to such extent as they are so in conflict or inconsistent. Section 3. In case any article, section or provision of this ordinance shall be held invalid in any court of competent jurisdiction, the same shall not affect any other article, section or provision of this ordinance except insofar as the article, section or provision so declared invalid shall be inseparable from the remainder or any portion thereof. Section 4. This Ordinance shall take effect immediately upon final passage and publication as required by law. INTRODUCED: ADOPTED: ___________________________________ Thomas Papaleo, Mayor ATTEST: _________________________________ Anne Dodd, RMC, CMR Borough Clerk/Assistant Borough Administrator Old Business – Projects Update: No�ce to Proceed was issued for the 2023 ADA ramps, sidewalk improvements, and KBG Parking Lot, which was funded by the 2022 parking lot capital funds as well as the 2023 capital budget. The project must be completed within 90 days. No�ce to Proceed was issued for the CDBG sidewalk replacement for Oxford Terrace. The project must be completed by November 3rd. Fenway Drainage – a preconstruc�on mee�ng was held on 8/8, this project will begin either a�er the Voorhis Drainage project or when it’s winding down. Voorhis Drainage – The remaining por�on of u�lity work involved obtaining approval from Veolia to �e in the relocated mains. The two remaining mains will be �ed in on Wednesday. The drainage work will begin on Thursday, 8/17 and takes about 6 weeks to complete. DOT projects – Bogert Road Sec�on 5 & 6 – All concrete work from Holland to Wayne was completed. Wayne to Windsor will begin on 8/17 and complete that project. PSEG is currently replacing the gas main in the area as part of the HPGM program. Bogert Road Sec�on 7 – s�ll wai�ng for the DOT to approve the bid specifica�ons. Windsor to Kensington, possibly Voorhis. KBG – wai�ng for wetlands delinea�on approval from DEP Roosevelt Field – BOE Admin advised that the second scoreboard was ordered last week – the dugout quotes are being compiled and compared – wai�ng for BRCs to place the order.

Agenda

Borough of River Edge Mayor and Council Agenda August 14, 2023 Regular Meeting Borough Hall 7:00 P.M. 705 Kinderkamack Road ______________________________________________________________________________ 1. Call to Order – 2. Silent Prayer – Flag Salute 3. 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 Web Site and filing a notice of the same with the Municipal Clerk. 4. Roll Call – 5. Approval of Minutes - a. Approval of the minutes of the Mayor and Council Regular Meeting and Closed Session of July 10, 2023. b. Approval of the minutes of the Mayor and Council Special Meeting of July 17, 2023. 6. Proclamations & Awards – a. Presentation of Award Certificates for the Storm Drain Art Contest 7. Presentations – a. Plan for Exterior Borough Hall Entrance – Presented by Borough Engineer 8. Public Comments on any item on this agenda – (Public Comments will be limited to two (2) minutes per speaker) 9. Appointments & Personnel Changes – a. Approve the resignation of Jeffrey Carney, Esq. as Municipal Public Defender effective July 21, 2023. b. Approve the retirement of Michael Varrecchia, Police Officer effective July 31, 2023. c. Approve the resignation of Richard Paolillo, School Crossing Guard effective July 25, 2023. d. Approve the retirement of John Goble, School Crossing Guard effective July 26, 2023. e. Approve the increase in longevity for Lisa Hessman, DPW Office Manager/Recycling Coordinator from $1,440.00 to $1,920.00 effective August 28, 2023. f. Approve the increase in longevity for Scott Ader, DPW Road Foreperson from $1,440.00 to $1,920.00 effective March 23, 2023. g. Approve the appointment of Tina Mereos to the Board of Health for a 3-year term through December 31, 2025. h. Approve the resignation of Katie Sullivan, Part-time Police Dispatcher effective August 11, 2023. 10. Monthly Reports – a. Land Use Board - June 14, 2023 b. Land Use Board - June 28, 2023 c. Land Use Board - July 12, 2023 d. Environmental-Green Team - July 18, 2023 e. Tax Collector - July 2023 11. First Reading – Ordinances Motion that the following ordinances be introduced and passed on first reading and setting September 14, 2023 at 7:00 p.m. or as soon thereafter as the matter can be heard as the date and time and Zoom as the virtual platform for the hearing on said ordinance. a. Ordinance #23-12 – An Ordinance Amending the New Chapter in the Revised General Ordinances of the Borough of River Edge, Entitled ‘Filming” b. Ordinance #23-13 - An Ordinance to Amend Chapter 206 of the Revised General Ordinances of the Borough of River Edge Entitled “Fees” c. Ordinance #23-14 – An Ordinance Creating a New Chapter in the Revised General Ordinances of the Borough of River Edge Entitled ‘Prohibition of Domestic Fowl & Roosters’ d. Ordinance #23-15 – An Ordinance Amending Chapter 65 in the Revised General Ordinances of the Borough of River Edge, Entitled ‘Officers and Employees’ By: 2nd: RC: 12. RESOLUTIONS - By Consent a. #23-230 Resolution Permitting the Possession and Consumption of Alcoholic Beverages at a Block Party on Bogert Road b. #23-231 Resolution to Enter into Agreement with Navarro W. Gray, 55 Main Street, Suite 114, Hackensack, New Jersey 07601 for Professional Services as Municipal Public Defender for the Borough of River Edge c. #23-232 Resolution Permitting the Possession and Consumption of Alcoholic Beverages at a Block Party on The Fenway d. #23-233 Resolution Permitting the Possession and Consumption of Alcoholic Beverages at a Block Party on Richard Court e. #23-234 Approve Severance Payment to Michael Varrecchia f. #23-235 Continuation of Commodity Resale System Agreements g. #23-236 Approve Employment Contract with Police Chief Michael J. Walker h. #23-237 Approve the Hire of a Full-Time Administrative Assistant i. #23-238 Authorize Competitive Contracting Process – Grant Writing Services j. #23-239 Update Personnel Policy & Procedure Manual k. #23-240 Award Contract – River Edge Borough Hall Addition & Alterations l. #23-241 Authorize Tax Collector to Refund Duplicate 3rd Quarter 2023 Tax Payment m. #23-242 Resolution Permitting the Possession and Consumption of Alcoholic Beverages at a Block Party on Tenney Avenue n. #23-243 Resolution Authorizing Advanced Travel Expenses for the Fire Department o. #23-244 Resolution Permitting the Possession and Consumption of Alcoholic Beverages to Let It Grow for a Special Event Being Held on Ackerson Street p. #23-245 Authorize Person-to-Person Transfer of Plenary Retail Distribution License q. #23-246 Confirm Bid Threshold and Process for Awarding Window Contracts r. #23-247 Approve the Appointment of Crossing Guard s. #23-248 Approve the Hire of a Full-time Class III Officer in the Police Department t. #23-249 Approve the Hire of a Full-time Tree Trimmer in the Department of Public Works u. #23-250 Amend Resolution #23-79 Confirming Appointments to the Green Team v. #23-251 Authorize Execution of Shared Services Agreement Between Borough of River Edge & River Edge Board of Education to Provide 2 Class III Officers for 2023/2024 School Year By: 2nd: RC: 13. #23-252 Payment of Bills By: 2nd: RC: 14. For Discussion – 15. New Business – a. Historic Commission request to meet in person b. Environmental Protection Commission/Green Team request to meet in person 16. Old Business – a. Update on Construction Projects 17. Public Comments -(Public Comments will be limited to two (2) minutes per speaker) 18. Council Comments 19. Closed Session a. #23-253 Resolution to Go Into Closed Session and Exclude Public. i. Personnel – N.J.S.A. 10:4-12(b)(8) 1. Succession Planning 20. Adjournment

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