Mayor & Council

MINUTES Mayor and Council Regular Meeting March 25, 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 25, 2024. 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 silent reflection for those troubled spots in the world and the issues with which the Country is most concerned. 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 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 Kinsella, Councilwoman Malellari, Councilman Benson, Councilman Glass and Mayor Papaleo. ABSENT: None ALSO PRESENT: Borough Administrator Lissette Aportela Borough Attorney William Rupp, Esq. APPROVAL OF MINUTES – On a motion by Council President Montisano-Koen, seconded by Councilwoman Kaufman, with Councilwoman Kinsella abstaining from the March 11th and March 13th Minutes and all other members present voting in favor, that the Minutes of the Mayor and Council Regular Meeting of February 15, 2024, Mayor and Council Regular Meeting of February 26, 2024, Mayor and Council Special Meeting and Closed Session of February 29, 2024, Mayor and Council Regular Meeting and Closed Session of March 11, 2024 and Mayor and Council Special Meeting and Closed Session of March 13, 2024 are hereby approved. PUBLIC COMMENTS ON ANY ITEM ON THIS AGENDA – On motion by Councilwoman Kinsella, seconded by Councilwoman Malellari, and all present voting in favor, to open for public comments on any item on the agenda. Margaret Burns, 236 Wales Ave, questioned whether the governing body is moving forward with the ordinance pertaining to cannabis. She further questioned whether the public was notified about this ordinance. Mayor Papaleo noted that there will be a public hearing on this ordinance at which time Ms. Burns can ask further questions, He explained that, once the public hearing has taken place, the ordinance will either rise or fall this evening unless the matter is tabled to a future date. He confirmed that the public was notified that this ordinance is being considered this evening. On a motion by Councilman Benson, seconded by Councilman Glass, and all present voting in favor, to close public comments on any item on the agenda. APPOINTMENTS & PERSONNEL CHANGES – On motion by Council President Montisano-Koen, seconded by Councilman Benson, and all members present voting in favor, to approve the following appointments and personnel changes: Approve the increase in longevity for Jason Milito, DPW Superintendent from $1,920.00 to $2,400.00 effective March 25, 2024 Approve the salary of Shawn W. Mastropierro, SLEO II in the Department of Police to $1,400.00 per pay period, effective March 25, 2024. Approve the salary of Salvatore J. Ciccone, SLEO II in the Department of Police to $1,400.00 per pay period, effective March 25, 2024. MONTHLY REPORTS – Mayor Papaleo advised that the following reports are on file in the Office of the Borough Clerk and available for review: Library Board of Trustees - March 5, 2024 FIRST READING – ORDINANCES – Ordinance #24-07 & #24-08 Motion by Councilman Glass that the following ordinances be introduced and passed on first reading and setting April 8, 2024 at 7:00 p.m. or as soon thereafter as the as the matter can be heard as the date and time and both the River Edge Library as the place and Zoom as the virtual platform for the hearing on said ordinances. Second by Councilwoman Kinsella. Mayor Papaleo read the title of the ordinances into the record: Ordinance 24-07 – An ordinance to amend Chapter 206 of the revised general ordinances of the Borough of River Edge, entitled fees. Ordinance 24-08 – An Ordinance amending and supplementing the revised general ordinances of the Brough of River Edge, Chapter 400, “Vehicles And Traffic” Borough Administrator Aportela explained that Ordinance #24-07 increases the fees for outside duty and establishes a vehicle fee in connection with police traffic details. Ordinance #24-08 updates the areas where left turns are prohibited. The vote was recorded as follows: Councilwoman Kaufman: aye Councilwoman Malellari: aye Council President Montisano-Koen: aye Councilman Benson: aye Councilwoman Kinsella: aye Councilman Glass: aye (See Ordinance #24-07 & #24-08 attached and made a part hereof.) SECOND READING & HEARING ON ORDINANCES Ordinance #24-04 - #24-06 Mayor Papaleo read into the record: The following ordinances published herewith were first read by title only on February 26, 2024 and posted on the bulletin board of the municipal building. Ordinance 24-04 – An Ordinance to Amend Part II, General Legislation, Chapter 416 Zoning, of the Revised General Ordinances of the Borough of River Edge to Establish the Cannabis Overlay Zone (COZ) Ordinance 24-05 – An Ordinance Amending Part II, General Legislation, Chapter 268, Licensing, of The Revised General Ordinances of the Borough of River Edge Ordinance 24-06 – An Ordinance Creating Part I, Administrative Legislation, Chapter 92, Taxation of Cannabis Establishments, of the Revised General Ordinances of the Borough of River Edge Public Comments on Ordinance #24-04 - #24-06 Motion by Councilwoman Kaufman, second by Councilwoman Malellari, and all members voting in favor, to open the floor to the public on Ordinance #24-04 through #24-06. Borough Attorney Rupp detailed the various notifications that were required to be given in relation to Ordinance #24-04 and asked for confirmation from the Borough Clerk that the notice requirements were met. Borough Clerk Dodd confirmed same. Margaret Burns, 236 Wales Avenue, questioned whether the time limitations contained in Ordinance #24-06 allow for a dispensary to either not pay or withhold taxes for two years. She inquired whether the Borough would exclusively receive these taxes or if they would need to be shared with other municipalities. She also requested an estimate of how much revenue will be received. Borough Attorney Rupp explained that the 2% tax is based upon sales and is payable quarterly. Should this tax not be paid timely, he commented that the Borough would have the same rights that it has relevant to nonpayment of property taxes. He advised that the State collects a separate tax and the 2% tax is retained solely by the municipality. It was noted that neither the River Edge Board of Education nor River Dell Board of Education receive these funds, and in addition to the 2% tax, an annual licensing fee is paid to the municipality. Motion by Councilwoman Kinsella, second by Councilwoman Malellari, to close the floor to the public on Ordinance #24-04 through #24-06. Motion by Councilwoman Kaufman, second by Councilman Benson, that Ordinance #24-04 through #24-06 be passed on second and final reading and are hereby adopted and notice of same shall be published according to law. On a roll call, the vote was recorded as follows: Councilwoman Kaufman: aye Councilwoman Malellari: aye Council President Montisano-Koen: aye Councilman Benson: aye Councilwoman Kinsella: aye Councilman Glass: aye (See Ordinance #24-04 – #24-06 attached and made a part hereof.) RESOLUTIONS - By Consent a. #24-111 Transfer of Funds in the Budget Appropriation Reserve b. #24-112 Authorize Purchase of Elevator for Borough Hall c. #24-113 Authorization to Participate in a Shared Services Agreement with the Borough of New Milford for the Joint Bid of Solid Waste Collection Services d. #24-114 Authorize Execution of Agreement with Atlantic Coast Fibers for Recycling Services e. #24-115 Authorization to Participate in an Extended Master Contract for Emergency Water Main and/or Storm and Sanitary Sewer Repairs f. #24-116 Authorize Submission of Strategic Plan for River Edge Municipal Alliance Grant – FY 2025 g. #24-117 Approve Additional Engineering Services – FY23 CDBG Sidewalk Replacement at Rutgers Pl & Kinderkamack Rd h. #24-118 Authorize Receipt of Bids – FY23 CDBG Sidewalk Replacement at Rutgers Place and Kinderkamack Road i. #24-119 Approve the Appointment of a Volunteer Firefighter Motion by Councilman Benson, second by Council President Montisano-Koen, that the Consent Agenda be approved. The vote was recorded as follows: all in favor, Councilwoman Kaufman: aye Councilwoman Malellari: aye Council President Montisano-Koen: aye Councilman Benson: aye Councilwoman Kinsella: aye Councilman Glass: aye Motion by Council President Montisano-Koen, second by Councilwoman Kaufman, and all members present voting in favor, to reconsider the vote on Resolutions #24-111 through #24-119. a. #24-111 Transfer of Funds in the Budget Appropriation Reserve b. #24-112 Authorize Purchase of Elevator for Borough Hall c. #24-113 Authorization to Participate in a Shared Services Agreement with the Borough of New Milford for the Joint Bid of Solid Waste Collection Services d. #24-114 Authorize Execution of Agreement with Atlantic Coast Fibers for Recycling Services e. #24-115 Authorization to Participate in an Extended Master Contract for Emergency Water Main and/or Storm and Sanitary Sewer Repairs f. #24-116 Authorize Submission of Strategic Plan for River Edge Municipal  Alliance Grant – FY 2025 g. #24-117 Approve Additional Engineering Services – FY23 CDBG Sidewalk Replacement at Rutgers Pl & Kinderkamack Rd h. #24-118 Authorize Receipt of Bids – FY23 CDBG Sidewalk Replacement at Rutgers Place and Kinderkamack Road i. #24-119 Approve the Appointment of a Volunteer Firefighter Considered separately Motion by Councilman Benson, second by Council President Montisano-Koen, that the Consent Agenda be approved as amended. The vote was recorded as follows: Councilwoman Kaufman: aye Councilwoman Malellari: aye Council President Montisano-Koen: aye Councilman Benson: aye Councilwoman Kinsella: aye Councilman Glass: aye #24-119 Approve the Appointment of a Volunteer Firefighter Due to a relation between Councilwoman Kinsella and the Volunteer Firefighter who is being appointed via Resolution #24-119, she recused herself from the vote and stepped away from the dais. Motion by Council President Montisano-Koen, second by Councilwoman Kaufman, that Resolution #24-119 be approved. The vote was recorded as follows: Councilwoman Kaufman: aye Councilwoman Malellari: aye Council President Montisano-Koen: aye Councilman Benson: aye Councilwoman Kinsella: recuse Councilman Glass: aye ******** Councilwoman Kinsella returned to the dais. #24-120 Payment of Bills Councilwoman Kaufman read resolution #24-120 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 25, 2024. BE IT RESOLVED, that the Mayor and Council of the Borough of River Edge approve the following expenditures. CURRENT FUND $ 232,152.01 GENERAL CAPITAL FUND $ 124,697.57 TRUST OTHER $ 43.19 PAYROLL $ 18,600.57  DEVELOPER’S ESCROW $ 2,705.00 RECREATION TRUST $ 846.99 Motion by Councilwoman Kaufman, second by Councilwoman Kinsella, that Resolution #24-120 be approved. The vote was recorded as follows: Councilwoman Kaufman: aye Councilwoman Malellari: aye Council President Montisano-Koen: aye Councilman Benson: aye Councilwoman Kinsella: aye Councilman Glass: aye ******** NEW BUSINESS – REVAS Request – 75th Anniversary Banner Display Borough Clerk Dodd explained that a request was received from the River Edge Volunteer Ambulance Service (REVAS) to display a banner in recognition of its 75th anniversary at three different locations beginning at the end of April through October 1st. She described the requested locations and noted that other banner requests have been approved for these locations during the requested timeframe. It was the consensus of the governing body to approve this request. Should an additional request for a banner be approved for any of these locations, it was decided that this banner would be removed temporarily if it is not possible to accommodate more than one banner. It was agreed that it will be left to the discretion of the DPW Superintendent as to whether the banner will need to be removed while another banner is displayed. OLD BUSINESS – Update on Construction Projects Borough Administrator Aportela reported that there was a resolution on tonight’s agenda to authorize the receipt of bids for the CDBG Sidewalk Replacement at Rutgers Pl & Kinderkamack Rd project. She explained that this project is going out to bid early due to the deadline for completion having been moved from the end of the year to June 30th. She announced that the grant agreement has been signed for the $900,000 which was secured through the efforts of the State legislators for the Borough Hall Repair project, exterior walkway improvements, and upgrades to both Memorial Park and Brookside Park to meet JIF requirements. She noted that 75% of the funding was requested in order to move these projects along. Mayor Papaleo thanked Senator Lagana, Assemblywoman Swain, and Assemblyman Tully and noted that, due to this non-matching grant, $900,000 will be available for these projects which will not need to come from property taxes. He thanked Borough Administrator Aportela for her efforts in obtaining this grant. PUBLIC COMMENTS – Motion by Council President Montisano-Koen, second by Councilwoman Kinsella, and all members present voting in favor, to open public comments. Margaret Burns, 236 Wales Avenue, noted the effort that was put into allowing a Cannabis Dispensary to operate in River Edge. She expressed her wish for the governing body to work as hard to recruit other businesses to come to River Edge so that there are not so many vacant storefronts. She commented on the poor condition of a few of the vacant businesses including the property that was supposed to be the new location of Dante’s. Motion by Councilwoman Kinsella, second by Councilman Benson, and all members present voting in favor, to close public comment. Councilwoman Kaufman advised that, although she attempted to assist in bringing new businesses to town, she was advised by legal counsel that she is not permitted to be involved. Mayor Papaleo added that the governing body has no authority to force people to close out building permits. He explained that, with respect to bringing businesses to town, the governing body also has limited authority and power in this regard. He requested that Borough Administrator Aportela have the Property Maintenance Officer check the condition of Dante’s property. Councilman Glass highlighted the fact that several new businesses have recently opened in the Borough. COUNCIL COMMENTS – Councilwoman Kinsella announced that registration is currently open for the River Edge Run which will take place on April 27th. ADJOURNMENT – There being no further business to come before the Mayor and Council, on a motion by Councilwoman Kinsella, second by Councilwoman Malellari, and unanimously carried, to adjourn this meeting. The meeting was adjourned at 7:43 p.m. Respectfully submitted, Anne Dodd, RMC Borough Clerk  BOROUGH OF RIVER EDGE ORDINANCE #24-07 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 L shall be amended by the following: Delete: L. Police outside duty: (1) For commercial entities and utility companies- $135 per hour with a 4-hour minimum (2) For all other entities - $135 per hour Add: L. Police outside duty: (1) 2024 rates: (a) For commercial entities and utility companies- $145 per hour with a 4-hour minimum and a $25 per hour vehicle fee (b) For all other entities - $145 per hour and a $25 per hour vehicle fee (2) 2025 rates: (a) For commercial entities and utility companies- $150 per hour with a 4-hour minimum and a $25 per hour vehicle fee (b) For all other entities - $150 per hour and a $25 per hour vehicle 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 Administrator  BOROUGH OF RIVER EDGE ORDINANCE #24-08 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 that the following amendments to Section 400-21 entitled “Turns” are hereby approved: Section 1. Subsection B, entitled “Left turns. No person shall make a left turn on any of the following streets” shall amended with the following: Delete: (17) From Dunkin Donuts west onto Midland Avenue. Add: (17) From Block 206, Lot 3, commonly known as 101 Midland Avenue, onto westbound Midland Avenue. (19) From Ackerson Street onto northbound Kinderkamack Road. 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 Administrator