Mayor & Council

MINUTES Mayor and Council Regular Meeting October 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 for a moment of silence for victims of terrorist attacks wherever they may be in the world, especially those in Israel who attended the music concert. Mayor Papaleo 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, Councilwoman Montisano-Koen, Councilwoman Kinsella, Councilwoman Malellari, Councilman Benson and Mayor Papaleo. ABSENT: None. ALSO PRESENT: Borough Administrator Lissette Aportela Borough Attorney Thomas Sarlo, Esq. APPROVAL OF MINUTES – On a motion by Councilman Benson, seconded by Councilwoman Kinsella, with Councilman Chinigo abstaining and all members present voting in favor, that the Minutes of the Mayor and Council Regular Meeting of September 28, 2023 are hereby approved PRESENTATIONS – Update on Construction Projects – Presented by Borough Engineer Jeyson Flores of Costa Engineering, Borough Engineer, reported on the following projects: 2022 CDBG Sidewalk Replacement at Oxford Terrace D&L Paving Contractor completed the sidewalk replacement along the north and south side of Oxford Terrace. Only a few punch list items remain. 2023 ADA Ramps Improvements and Sidewalk Replacement Project & Swim Club and KBG Field Parking Lot Improvements Approximately 80 ADA ramps were completed along Elm Avenue, The Fenway, and Oak Avenue. The grass and asphalt restoration was completed today. Construction of the curbs and sidewalks along the Elm Avenue ditch has been delayed to next week. It is anticipated to commence on Monday and be completed by the following Friday. The contractor is moving to the Swim Club and KBG Parking lot. Concrete work is estimated to be completed by the end of the month with milling and paving anticipated to take place before the week of November 7th. If the plans are revised to switch to winter mix prior to November 7th, the Borough Engineer may recommend that milling and paving wait until the spring. Voorhis Drainage Improvements The contractor has completed the installation of one detention basin and all the piping along Oak Avenue from Kensington to Wayne Avenue. Restoration has not been completed at this time. The next phase is installation of the second detention basin. This phase was delayed due to the chambers being delivered slower than anticipated. It is anticipated that the project will be 95% complete by the end of the month with only some concrete restoration work and seeding remaining. The Fenway Drainage Improvements The project is 100% complete, including restoration. Bogert Road Sections 5 & 6 This project is 95% complete as some restoration is still needed and the installation of the flasher in front of the school is awaited. Mr. Flores noted that, with respect to all of the above projects, there is an inspector from his office onsite at all times and any complaints or issues are addressed as soon as possible. A question arose as to whether grass restoration will take place this year. Mr. Flores confirmed that, although restoration will take place now, should the grass not grow in the spring, the contractor will come back to restore it again. He noted that no milling and paving will take place until PSE&G has completed their work in town as the trenching will need to settle prior to paving. Mr. Flores ended by noting that, 3 weeks ago, there was a storm with a lot of rain in a short period of time, and although the Voorhis Avenue Drainage Improvements are not 100% complete, there was no flooding. PROCLAMATIONS & AWARDS Proclamation Declaring October 2023 as National Breast Cancer Awareness Month Mayor Papaleo read the following proclamation into the record: Mayor Papaleo commented that so many mothers, sisters, and wives have been lost to breast cancer and the more that can be done to end this scourge the better. He asked that those who have died or lost someone from breast cancer be kept in everyone’s thoughts. PUBLIC COMMENTS ON ANY ITEM ON THIS AGENDA – On motion by Councilman Chinigo, seconded by Councilwoman Malellari, and all present voting in favor, to open for public comments on any item on the agenda. No one came forward. On a motion by Council President Kaufman, seconded by Councilman Benson, and all present voting in favor, to close public comments on any item on the agenda. APPOINTMENTS & PERSONNEL CHANGES – On motion by Councilwoman Montisano-Koen, seconded by Councilwoman Kinsella, and all members present voting in favor, to approve the following appointments and personnel changes: Approve the resignation of Gina McAllister from the River Edge Volunteer Fire Department, effective August 21, 2023. Approve the resignation of Dixie Rainey, Administrative Assistant for the Finance Department and Clerks Office, effective October 10, 2023. MONTHLY REPORTS – Mayor Papaleo advised that the following reports are on file in the Office of the Borough Clerk and available for review: Environmental Commission/Green Team - September 2023 Land Use Board - September 13, 2023 Tax Collector - September 2023 Library Board of Trustees - October 2023 FIRST READING – ORDINANCES – Ordinance #23-18 & #23-19 Motion by Councilman Chinigo that the following ordinance be introduced and passed on first reading and setting November 13, 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 Councilwoman Montisano-Koen. Mayor Papaleo read the title of the ordinance into the record: Ordinance #23-18 – An Ordinance Amending and Supplementing the Revised General Ordinances of the Borough of River Edge, Chapter 400, “Vehicles and Traffic” Motion by Councilman Chinigo that the following ordinance be introduced and passed on first reading and setting November 27, 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 Councilwoman Montisano-Koen. Mayor Papaleo read the title of the ordinance into the record: Ordinance #23-19 – An Ordinance Amending Chapter 416 in the Revised General Ordinances of the Borough of River Edge, Entitled “Zoning” Borough Administrator Aportela explained that, as part of a traffic enforcement review, the Traffic Division found that the parking restrictions on Third Avenue need to be codified which is the purpose of Ordinance #23-18. She further explained that Ordinance #23-19 is required by the State to be adopted and pertains to lead paint inspections. The vote on Ordinance #23-18 and #23-19 was recorded as follows: Councilman Chinigo: aye Councilwoman Kinsella: aye Council President Kaufman: aye Councilwoman Malellari aye Councilwoman Montisano-Koen: aye Councilman Benson: aye (See Ordinance #23-18 attached and made a part hereof.) RESOLUTIONS - By Consent Mayor Papaleo requested that Borough Administrator Aportela speak to Resolution #23-287. Borough Administrator Aportela explained that, through the assistance of the District 38 Legislators, $900,000 was included in the State budget for River Edge, the purpose of which is to assist the Borough with unexpected costs relating to repairs to Borough Hall, Brookside Park, and Memorial Park. She advised that the Borough must apply for this funding as a grant application for which there is no match. She commented that these funds will help to offset the cost for the exterior entrance repairs to Borough Hall and to address the issues for which the Borough was cited by the JIF regarding the playgrounds and walkways within the parks. Should there be any funds remaining, they may be put towards resurfacing one of the courts or some minor drainage improvements. She noted that, although there is funding through the open space trust and an open space grant award through the County for Brookside as well as a pending grant application for Memorial Park, this funding will help to reduce the number of phases for these projects. She advised that the deadline to complete the paperwork is next Friday and adopting this resolution is the final piece. Mayor Papaleo and Councilman Chinigo expressed appreciation to Senator Lagana, Assemblywoman Swain, and Assemblyman Tully for taking care of River Edge. Councilman Chinigo also acknowledged Borough Administrator Aportela for her work in bringing these funds into River Edge. a. #23-285 Approve the Hire of a Full-time Class III Officer in the Police Department b. #23-286 Authorize Tax Collector to Refund 2023 3rd Quarter Tax Overpayments c. #23-287 Authorize Division of Local Government Services FY24 Grant Application Public Facility Improvements: Borough Hall Repairs & Addition and Municipal Park Repairs d. #23-288 Approve the Hire of a Full-time Laborer in the Department of Public Works e. #23-289 Award Contract – Grant Writing Services Motion by Councilman Chinigo, second by Council President Kaufman, that the Consent Agenda be approved. The vote was recorded as follows: Councilman Chinigo: aye Councilwoman Kinsella: aye Council President Kaufman: aye Councilwoman Malellari aye Councilwoman Montisano-Koen: aye Councilman Benson: aye ******** #23-285 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 Keith Ehalt is hereby hired as a salaried Class III Officer in the Police Department at an hourly rate of $38.00, effective October 23, 2023. ******** #23-286 Authorize Tax Collector to Refund 2023 3rd Quarter Tax Overpayment(s) WHEREAS, the tax office has received duplicate and/or tax overpayments for the 3rd 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 213/8 CASTILLO, LUIS E DUPLICATE 3,341.00 854 PARK AVENUE 308/19 REIS-BABBITT, PAULETTE ERIKA ETAL DUPLICATE 5,100.00 736 EIGHTH AVENUE 613/10 PETZINGER, STEPHEN & TIFFANY DUPLICATE 3,548.00 110 JEFFERSON AVENUE 1101/20 SINGH, RAMANJOT & KARINA A DUPLICATE 3,540.00 163 VALLEY ROAD 1107/26 LEE, MARK & ELIZABETH DUPLICATE 6,569.35 284 VAN SAUN DRIVE 1207/32 REBOLLEDO, MICHAEL ANGELO ETAL DUPLICATE 3,482.00 191 BOGERT ROAD TOTAL: $25,580.35 Make check payable to: Core Logic Tax Services P.O. Box 9202 Coppell, TX 75019-9978 Attn: Centralized Refunds ******** #23-287 Authorize Division of Local Government Services FY24 Grant Application Public Facility Improvements: Borough Hall Repairs & Addition and Municipal Park Repairs WHEREAS, the Borough of River Edge desires to apply for and obtain a grant from the New Jersey Department of Community Affairs for approximately $900,000 to carry out a project to make public facility improvements, specifically repairs and building an addition to the River Edge Borough Hall and repairs to Brookside Park and Memorial Park. NOW, THEREFORE BE IT RESOLVED, that the Mayor and Council of the Borough of River Edge 1) do hereby authorize the application for such a grant; and, 2) recognize and accept that the Department may offer a lesser or greater amount and therefore, upon receipt of the grant agreement from the New Jersey Department of Community Affairs, does further authorize the execution of any such grant agreement; and also, upon receipt of the fully executed agreement from the Department, does further authorize the expenditure of funds pursuant to the terms of the agreement between the Borough of River Edge and the New Jersey Department of Community Affairs. BE IT FURTHER RESOLVED, that the persons whose names, titles, and signatures appear below are authorized to sign the application, and that they or their successors in said titles are authorized to sign the agreement, and any other documents necessary in connection therewith: (signature) (signature) Lissette Aportela Anne Dodd (type or print name) (type or print name) Borough Administrator Borough Clerk/Assistant Administrator (title) (title) ******** #23-288 Approve the Hire of a Full-time Laborer in the Department of Public Works BE IT RESOLVED by the Governing Body of the Borough of River Edge that Juan Acevedo be and he is hereby hired as a full-time Laborer in the Department of Public Works at an annual Laborer, Step 1 salary of $45,450.00 with a one (1) year probationary period, effective October16, 2023. ******** #23-289 Award Contract – Grant Writing Services WHEREAS, the Borough of River Edge authorized the solicitation of proposals for Grant Writing Services via competitive contracting pursuant to NJSA 40A:11-4.1(q) via Resolution #23-238; and WHEREAS, on Friday, September 15, 2023, at 11:00 a.m., 3 proposals were submitted at the date and time specified for the Grant Writing Services and the Borough Administrator did open and read each bid aloud; 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, the Borough Administrator/Qualified Purchasing Agent has reviewed the proposal as submitted by Millennium Strategies, which received the highest score of all the proposals submitted and has recommended that the contract be awarded to Millennium Strategies, for a contract term from October 1, 2023, through September 30, 2025, with an option to renew the contract for an additional 24 months; and WHEREAS, Chief Financial Officer Chris Battaglia has certified funds are available for this service pursuant to NJAC 5:30-5.5(c)(1) in the 2023, 2024, and 2025 budgets not to exceed $20,000.00 per contract year. NOW THEREFORE BE IT RESOLVED by the Mayor and Council of the Borough of River Edge that a contract for the Grant Writing Services for the Borough of River Edge shall be awarded to Millennium Strategies having its principal office at 60 Columbia Road, Building B, Suite 230, Morristown, NJ 07960 in the amount of $20,000.00 per contract year from October 1, 2023, through September 30, 2025, based on the proposal, submitted on September 15, 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. ******** #23-290 Payment of Bills Council President Kaufman read resolution #23-290 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 October 12, 2023. BE IT RESOLVED, that the Mayor and Council of the Borough of River Edge approve the following expenditures. CURRENT FUND $1,773,681.65 CAPITAL FUND $ 106,993.14 GRANT FUND $ 25.18 TRUST OTHER FUND $ 1,301.80 DEVELOPER’S ESCROW FUND $ 5,110.00 SELF INSURANCE TRUST FUND $ 2,045.02 RECREATION TRUST FUND $ 530.04 Motion by Council President Kaufman, second by Councilwoman Montisano-Koen, that Resolution #23-290 be approved. The vote was recorded as follows: Councilman Chinigo: aye Councilwoman Kinsella: aye Council President Kaufman: aye Councilwoman Malellari aye Councilwoman Montisano-Koen: aye Councilman Benson: aye ******** FOR DISCUSSION – Request by Police Department for Additional Crossing Guard Post Borough Administrator Aportela explained that the Police Department provided traffic and pedestrian counts as well as the number of illegal U-turns at the intersection of Reservoir and Bogert which warrant an additional Crossing Guard post. She explained that implementing this additional post will require an ordinance to amend the Borough Code which will not be effective until mid-November. She reported that the CFO and Police Chief determined that the cost for the additional Crossing Guard will be $18,000 or $1,500 per month. After some discussion, the governing body agreed with the recommendation to add the Crossing Guard post at this location. An ordinance to amend the Borough Code will be listed for introduction at the next meeting. NEW BUSINESS – None. OLD BUSINESS – Councilman Benson reported that the Historic Preservation Commission was unable to hold its in-person meeting in September due to the Library being closed. On behalf of the HPC, he requested that they be permitted to hold an in-person meeting on October 24th which is the next regularly scheduled meeting date. It was the consensus of the governing body to grant permission for HPC to hold this meeting in person. PUBLIC COMMENTS – Motion by Councilman Benson, second by Councilwoman Malellari, and all members present voting in favor, to open public comments. No one came forward. Motion by Council President Kaufman, second by Councilwoman Kinsella, and all members present voting in favor, to close public comment. COUNCIL COMMENTS – Council President Kaufman and Councilwoman Kinsella thanked Senator Lagana, Assemblywoman Swain and Assemblyman Tully for awarding the Borough the $900,000 grant which will allow capital improvements to be completed without impacting the taxpayers. Councilwoman Kinsella announced that the annual Diwali Day Celebration will be held from 5 pm to 10 pm at River Dell High School on October 21st. Councilman Benson advised that Busterstock will be held tomorrow in Memorial Park from 6:30 pm to 10 pm, commenting that it is a really important event for a good cause. He encouraged everyone to attend. Councilwoman Malellari reported that the Environmental Protection Commission will hold its Styrofoam/Paper Shredding Event this Saturday at the DPW from 9 am to 1 pm. ADJOURNMENT – There being no further business to come before the Mayor and Council, on a motion by Councilman Chinigo, second by Council President Kaufman, and unanimously carried, to adjourn this meeting. The meeting was adjourned at 7:39 p.m. Respectfully submitted, Anne Dodd, RMC Borough Clerk  BOROUGH OF RIVER EDGE ORDINANCE #23-18 AN ORDINANCE AMENDING AND SUPPLEMENTING THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF RIVER EDGE, CHAPTER 400, “VEHICLES AND TRAFFIC” 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 400-27, entitled “Schedule I: Parking Prohibited at All Times”, shall be amended with the following: Add: Name of Street Sides Location Third Avenue East From a point of the intersection of Wales Avenue to the Municipal Parking Lot for Veterans Memorial Park 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. 23-19 AN ORDINANCE AMENDING CHAPTER 416 IN THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF RIVER EDGE, ENTITLED ‘ZONING” 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 416-26 entitled “Dwelling units; certificates of occupancy” of Article VI, entitled “Supplementary Use Regulations” is amended by the following: Add: E. Lead Based Paint Inspections. (1) Required Initial Inspection. The owner, landlord and/or agent of every single- family, two-family and/or multiple dwelling unit offered for rental shall be required to obtain an inspection of the unit for lead-based paint hazards within two years of the effective date of the law, July 2, 2022, or upon tenant turnover, whichever is earlier. (2) Required Recurring Inspection. After the initial inspection, the owner, landlord and/or agent of such dwelling unit offered for rental shall be required to obtain an inspection of the unit for lead-based paint hazards every three years, or at tenant turnover, whichever is earlier, except that an inspection upon tenant turnover shall not be required if the owner has a valid lead-safe certification. (3) Standards. Inspections for lead-based paint in rental dwelling units shall be governed by the standards set forth in N.J.S.A. 52:27D-43.7.1 et seq., and N.J.S.A. 55:13A-1 et seq. (4) Exceptions. A dwelling unit in a single-family, two-family or multiple rental dwelling shall not be subject to inspection and evaluation for the presence of lead- based paint hazards, or for the fees for such inspection or revaluation, if the unit: a. has been certified to be free of lead-based paint. b. was constructed during or after 1978; c. is in a multiple dwelling that has been registered with the Department of Community Affairs as a multiple dwelling for at least 10 years, either under the current or a previous owner, and has no 2outstanding lead violations from the most recent cyclical inspection performed on the multiple dwelling under the "Hotel and Multiple Dwelling Law", N.J.S.A. 55:13A-1, et seq.; d. is a single-family or two-family seasonal rental dwelling which is rented for less than six months duration each year by tenants that do not have consecutive lease renewals; or  e. has a valid lead-safe certification issued in accord with N.J.S.A. 52:27D- 437.16(d)(2) (5) Fees. Notwithstanding any other fees due pursuant to this Chapter the following fees shall be paid: a. Inspection Fee. A dwelling owner or landlord shall owe a fee in the amount of $500.00 plus the cost of laboratory testing for each lead-based paint inspection conducted by the Borough. Said fee shall be dedicated to meeting the costs of implementing and enforcing this subsection and the required contribution to the New Jersey Lead Hazard Control Assistance Fund (N.J.S.A. 52:27D-437.16(h)) and shall not be used for any other purpose. b. Administrative Fee. Alternatively, a dwelling owner or landlord may directly hire a private lead evaluation contractor who is certified to provide lead paint inspection services by the Department of Community Affairs in which case a $50 administrative fee shall be paid. Said fee shall be dedicated to the costs of monitoring compliance with this subsection. 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