Mayor & Council

MINUTES Mayor and Council Regular Meeting March 11, 2024 7:00 P.M. CALL TO ORDER – A Regular Meeting of the Mayor and Council of the Borough of River Edge was held in person at the River Edge Public Library located at 685 Elm Avenue, River Edge, NJ 07661 and virtually via Zoom on March 11, 2024. 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 throughout the world who are suffering and are alone especially the aging and the elderly. Mayor Papaleo 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 11th of this location, date, time and access information 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: Councilwoman Kaufman, Council-President Montisano-Koen, Councilwoman Malellari, Councilman Benson, and Mayor Papaleo. ABSENT: Councilwoman Kinsella and Councilman Glass ALSO PRESENT: Borough Administrator Lissette Aportela Borough Attorney John L. Shahdanian, Esq. APPROVAL OF MINUTES – On a motion by Council President Montisano-Koen, seconded by Councilwoman Kaufman, and all members present voting in favor, that the Minutes of the Mayor and Council Special Meeting of February 5, 2024 are hereby approved. PUBLIC COMMENTS ON ANY ITEM ON THIS AGENDA – On motion by Councilwoman Malellari, seconded by Councilman Benson, 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 Montisano-Koen, seconded by Councilwoman Kaufman, and all present voting in favor, to close public comments on any item on the agenda. PRESENTATION – Mid-Bergen Regional Health Commission – Site Plan Review for Food Establishments Jim Fedorko, Health Officer, Mid Bergen Regional Health Commission, noted that the language in §350-4(E) of Chapter 350 of the Borough Code calls for a food handlers’ license which he advised is causing confusion for restaurants. He requested that this language be removed and asked that, instead, anything pertaining to retail food establishments be kept in the portion of the Borough Code relating to the Board of Health. Mr. Fedorko was requested to prepare a memo to the governing body detailing this request together with the justification which will be referred to the Land Use Board for review and comment. APPOINTMENTS & PERSONNEL CHANGES – On motion by Councilman Benson, seconded by Councilwoman Malellari, and all members present voting in favor, to approve the following appointments and personnel changes: Approve the salary increase of Pedro Perez, Laborer in the Department of Public Works from a probationary salary of Step 1 - $45,905.00 to Step 2 - $49,645.00 effective March 12, 2024. Approve the $500.00 stipend for Scott Ader, Road Foreperson in the Department of Public Works for obtaining the ACRT Certification per the contract, effective March 12, 2024. Approve the $500.00 stipend for Joel Gutierrez-Alonso, Tree Trimmer in the Department of Public Works for obtaining the ACRT Certification per the contract, effective March 12, 2024. Approve the $500.00 stipend for Kenneth Morse, Tree Trimmer in the Department of Public Works for obtaining the ACRT Certification per the contract, effective March 12, 2024. Approve the $500.00 stipend for Benjamin Mullen, Laborer in the Department of Public Works for obtaining the ACRT Certification per the contract, effective March 12, 2024. Approve the $500.00 stipend for Eric Phillips, Tree Trimmer in the Department of Public Works for obtaining the ACRT Certification per the contract, effective March 12, 2024. Approve the $500.00 stipend for Eric Schultz, Equipment Operator in the Department of Public Works for obtaining the Pesticide License per the contract, effective March 12, 2024. Mayor Papaleo asked for an explanation of the ACRT Certification. Borough Administrator Aportela explained that this certification is necessary to allow DPW employees to maintain Borough trees. 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 - February 14, 2024 Tax Collector - February 29, 2024 RESOLUTIONS - By Consent a. #24-102 Approve the Hire of SLEO II – Shawn W. Mastropierro b. #24-103 Approve the Hire of SLEO II – Salvatore J. Ciccone c. #24-104 Approve Refunds – Recreation Department d. #24-105 Authorize Tax Collector to Cancel and Refund 1st Quarter 2024 Taxes on a Tax-Exempt Property e. #24-106 Resolution Authorizing Supplemental Temporary Appropriations for CY2024 f. #24-107 Confirm Emergency Purchase – Public Library Roof Repair Motion by Councilwoman Kaufman, second by Council President Montisano-Koen, that the Consent Agenda be approved. The vote was recorded as follows: Councilwoman Kaufman: aye Councilwoman Malellari: aye Council President Montisano-Koen: aye Councilman Benson: aye Councilwoman Kinsella: absent Councilman Glass: absent ******** #24-108 Payment of Bills Councilwoman Kaufman read resolution #24-108 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 March 11, 2024. BE IT RESOLVED, that the Mayor and Council of the Borough of River Edge approve the following expenditures. CURRENT FUND $ 74,742.65 GENERAL CAPITAL FUND $ 160,472.97 GRANT FUND $ 12,161.41 ANIMAL CONTROL $ 128.40 TRUST OTHER $ 3,454.42 DEVELOPER’S ESCROW $ 1,067.50 SELF INSURANCE TRUST $ 19,692.00 RECREATION TRUST $ 5,276.36 Motion by Councilwoman Kaufman, second by Councilwoman Malellari, that Resolution #24-108 be approved. The vote was recorded as follows: Councilwoman Kaufman: aye Councilwoman Malellari: aye Council President Montisano-Koen: aye Councilman Benson: aye Councilwoman Kinsella: absent Councilman Glass: absent ******** NEW BUSINESS – River Edge Swim Club Nixle Request Borough Administrator Aportela explained that a request was received from the River Edge Swim Club to send Nixle notifications regarding the 2024 season and membership being available. She noted that they are requesting that this notification be sent four times whereas last year it was only sent once. She advised that authorization from the governing body is necessary to grant this request. It was noted that last year was the first time that this request was granted, and as such, there is no associated past practice. Questions arose as to whether there would be an associated to send the requested notifications and if a solicitation issue would be posed by granting this request. Borough Administrator Aportela advised that there is simply an annual fee associated with the Nixle subscription, and although there is a limit on the number of messages that can be sent, the Borough has never come close to reaching this limit. She explained the different classifications of messages and commented that messages can be sent as either an email, text message, or both. As this entity is considered a quasi-public entity and is covered by the Borough’s insurance, Borough Attorney Shahdanian confirmed that there is no issue in sending the requested notification through Nixle. It was the consensus of the governing body to authorize the requested Nixle notification to be sent twice with the language being reviewed and approved by the Borough Administrator. Artificial Mound - Memorial South Field Tom Koch, Little League President, explained that Little League is requesting that they be permitted to replace the pitching mound in Memorial South Field with a portable artificial mound. He detailed the reasons for this request and expressed his belief that the artificial mound would allow for the best and safest way to convert the field to the two necessary sizes. He noted that Little League approved this proposal unanimously and is willing to purchase and install this mound. After some discussion, it was decided to approve this request contingent upon review and approval by the Borough Risk Consultant. Mr. Koch is to provide a letter detailing this request with information on the product that will be purchased as well as the results of the vote that was taken by Little League. Should the Risk Consultant approve this request, the removal of the permanent mound and installation of the artificial mound is to be coordinated through the Recreation Superintendent and overseen by the DPW to ensure proper safety protocols are followed. River Dell Softball Plant Sale Borough Administrator Aportela advised that she received the annual request from River Dell Softball to hold a plant sale at Fire Company #1 on March 29th and March 30th. She advised that an executed Hold Harmless Agreement and Certificate of Insurance have been received. It was the consensus of the governing body to grant this request. Proposed Amendments to Borough Code – Chapter 400-21(B) Turns Borough Administrator Aportela explained that the Traffic Division noted that both an addition and modification to the Borough Code is needed with respect to left hand turns. As Dunkin Donuts has moved, she advised that 400-21B(17) needs to be amended to reflect the block, lot and address of the building that is located at the corner of Midland Avenue and Kinderkamack Road. It is also recommended that a no left turn from Ackerson Street onto northbound Kinderkamack Road be added to 400-21B. The governing body agreed to the recommendations of the Traffic Division for the proposed amendment and addition to Chapter 400-21(B) “Turns.” Borough Administrator Aportela is to draft an ordinance for consideration at the March 25th Mayor and Council Regular Meeting. Outside Duty Rate Borough Administrator Aportela noted that this request is proactive on the part of the Police Department. She advised that the CFO has recommended that the rate be increased with a range and the Police Chief has agreed. She recommended that the 2024 rate be increased from $135 per hour to $145 per hour and from $145 per hour to $150 per hour in 2025. She further recommended that a $25 per hour car fee be implemented and that the request from the PBA be granted to increase the rate paid to the officer to $70 per hour or their overtime rate, whichever is greater. After discussion regarding the reason for the car fee and how utilities select the municipality to provide outside duty, it was decided to proceed as recommended. Paving Request Borough Administrator Aportela reported that the DPW Superintendent, in consultation with the Borough Engineer, has requested that the governing body authorize his budget request in the amount of $797, 222 for road resurfacing. She noted that by authorizing this funding, it would allow bid specifications to be prepared so the Borough has a better chance to secure best contractor possible. She explained that they are awaiting information from PSE&G as to what streets would be paved by them as a result of the work that was done last year. This information will be used to determine which streets will be paved this year. It was the consensus of the governing body to authorize the paving request in the amount of $797,222. OLD BUSINESS – There was no Old Business. PUBLIC COMMENTS – Motion by Councilwoman Kaufman, second by Councilwoman Malellari, and all members present voting in favor, to open public comments. Margaret Burns, 236 Wales Avenue, questioned the status of the cannabis dispensary on Route 4 and inquired as to how a dispensary opening on Kinderkamack Road will be prevented. She expressed concern over a tattoo parlor being the next type of business that is permitted in River Edge. Borough Attorney Shahdanian provided a status on the introduced ordinance. He noted that there is only one location within River Edge where the license can be utilized and explained that a dispensary could not open on Kinderkamack Road unless a future governing body wished to rezone that area to permit a cannabis dispensary. Mayor Papaleo confirmed that a tattoo parlor is not a permitted use in River Edge. Motion by Council President Montisano-Koen, second by Councilman Benson, and all members present voting in favor, to close public comment. COUNCIL COMMENTS – Councilman Benson advised that the River Edge Ambulance Service (REVAS) would like to publicize their events on the Borough website. It was agreed that REVAS should be given the same privileges as the Fire Department with respect to sharing information on the Borough website. It was further agreed that a link to their website will be included on the Borough website and that this organization will be permitted to use Nixle to send community messages as needed. CLOSED SESSION – On a motion from Council President Montisano-Koen, seconded by Councilwoman Malellari, and all present voting in favor, the meeting was adjourned to the Closed Executive Session via Resolution #24-109 at 7:56 pm. #24-109 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 March 11, 2024 regular meeting and discussion of the hereinafter specified subject matter: A. Attorney-Client Privilege – N.J.S.A. 10:4-12(b)(7) 1. Open Public Meetings Act Procedures 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 Benson, second by Councilwoman Malellari, and unanimously carried, to adjourn this meeting. The meeting was adjourned 7:56 p.m. Respectfully submitted, Anne Dodd, RMC Borough Clerk