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Mayor & Council

Regular Meeting

River Edge, NJ · April 8, 2024

AgendaMinutes

Minutes

MINUTES Mayor and Council Regular Meeting April 8, 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 April 8, 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 silence for those who are injured, ill or suffering from cancer or other diseases of the body as they and their family struggle towards health. 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 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: Council President Montisano-Koen, Councilwoman Kinsella, Councilwoman Malellari, Councilman Benson, Councilman Glass and Mayor Papaleo. ABSENT: Councilwoman Kaufman ALSO PRESENT: Borough Administrator Lissette Aportela Borough Attorney John Shahdanian, Esq. Chief Financial Officer Christopher Battaglia APPROVAL OF MINUTES – On a motion by Councilwoman Kinsella, seconded by Council President Montisano-Koen, and all members present voting in favor, that the Minutes of the Mayor and Council Meeting of March 25, 2024 are hereby approved. CLOSED SESSION – On a motion from Councilwoman Kinsella, seconded by Councilwoman Malellari, and all present voting in favor, the meeting was adjourned to the Closed Executive Session via Resolution #24-131 at 7:03 p.m. #24-131 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 13, 2024 special meeting and discussion of the hereinafter specified subject matter: A. Attorney-Client Privilege – N.J.S.A. 10:4-12(b)(7) 1. Contracts & Change Orders 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. The regular meeting resumed at 7:30 p.m. PUBLIC COMMENTS ON ANY ITEM ON THIS AGENDA – On motion by Council President Montisano-Koen, seconded by Councilwoman Malellari, and all present voting in favor, to open for public comments on any item on the agenda. Liz Stewart, 178 Wales Avenue, Jennifer Dougherty, 863 Elm Avenue, and Henry Semmler 435 Bogert Road, members of the Shade Tree Commission, expressed concerns with Ordinance #24-10. They spoke against the decommissioning of the Shade Tree Commission particularly due to liability concerns that would result. They requested that only the MS4 stormwater language be included at this time and meetings take place to resolve the issues with the remainder of the ordinance. Patty Almberg, 659 Fifth Ave, questioned the reason that the current Shade Tree Commission members were not included when drafting this ordinance. She inquired as to what concrete reason there is for this change and what might be gained by adopting this ordinance. On a motion by Councilwoman Kinsella, seconded by Councilman Glass, and all present voting in favor, to close public comments on any item on the agenda. Borough Attorney Shahdanian advised that the NJ Tort Claims Act provides the same protections for volunteers who serve on any board, commission, or committee as those protections that are provided to Shade Tree Commission members under the Forestry Act. Borough Administrator Aportela explained that, in reviewing the DEP stormwater requirements for removal and replacement of trees, it was felt that a lot of the work was best suited for employees who are held accountable to respond to residents. She noted that, with this body being a commission, trees currently fall under their purview completely and the Borough is not permitted to intercede. MONTHLY REPORTS – Mayor Papaleo advised that the following reports are on file in the Office of the Borough Clerk and available for review: Tax Collector - March 31, 2024 Land Use Board - February 28, 2024 Board of Health - March 25, 2024 FIRST READING – ORDINANCES – Borough Administrator Aportela explained that Ordinance #24-10 is required to be adopted by May 1st, and as such, much be introduced this evening in order for the second reading and adoption to take place by this deadline. Mayor Papaleo noted that the three ordinances introduced tonight will be heard again at the next meeting at which time the public hearing will take place. Ordinance #24-09 – #24-11 Motion by Councilman Glass that the following ordinances be introduced and passed on first reading and setting April 22, 2024 at 7:00 p.m. or as soon thereafter as the as the matter can be heard as the date and time and the River Edge Library as the place and Zoom as the virtual platform for a hearing on said ordinance. Second by Councilwoman Kinsella. Mayor Papaleo read the titles of the ordinances into the record: Ordinance #24-09 – An Ordinance to Fix the Salary, Wage and Compensation of the Officers and Employees of the Borough of River Edge, in the County of Bergen and State of New Jersey for the Year 2024 Ordinance #24-10 – An Ordinance Amending the Revised General Ordinances of the Borough of River Edge, Chapter 384, Entitled “Trees” Ordinance #24-11 Calendar Year 2024 Ordinance to Exceed the Municipal budget Appropriation Limits and to Establish a Cap Bank (N.J.S.A. 40A:45-14) Borough Administrator Aportela explained that Ordinance #24-09 updates the salary ranges for non-represented employees based on discussions that took place during the budget meetings. With respect to Ordinance #24-10, she advised that this ordinance changes the Shade Tree Commission to an advisory committee, incorporates DEP mandated tree removal and replacement language, and updates other language included within this chapter. She explained that Ordinance #24-11 is a financial tool adopted annually to set aside an additional percentage that can be used in the cap bank calculation. Christopher Battaglia, CFO, confirmed that Ordinance #24-11 is a standard ordinance adopted each year which allows the Borough to go up to the statutory amount of 3.5% on top of the existing appropriations from the prior year. The vote was recorded as follows: Councilwoman Kaufman: absent Councilwoman Malellari: aye Council President Montisano-Koen: aye Councilman Benson: aye Councilwoman Kinsella: aye Councilman Glass: aye (See Ordinance #24-09 through #24-11 attached and made a part hereof.) 2024 MUNICIPAL BUDGET #24-121 Introduce 2024 Municipal Budget CFO Battaglia explained the budget process that will take place between now and the public hearing on May 13th. He noted that the budget is under State review this year, and provided that there are no issues, the budget will be adopted on May 13th following the public hearing. Motion by Council President Montisano-Koen, second by Councilwoman Malellari, that Resolution #24-121 be approved. On a roll call, the vote was recorded as follows: Councilwoman Kaufman: absent Councilwoman Malellari: aye Council President Montisano-Koen: aye Councilman Benson: aye Councilwoman Kinsella: aye Councilman Glass: aye SECOND READING & HEARING ON ORDINANCES Ordinance #24-07 & #24-08 Mayor Papaleo read into the record: The following ordinances published herewith were first read by title only on March 25, 2024 and posted on the bulletin board of the municipal building. 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” Public Comments on Ordinances #24-07 & #24-08 Motion by Councilwoman Kinsella, second by Council President Montisano-Koen, and all members voting in favor, to open the floor to the public on Ordinance #24-07 and #24-08. Borough Administrator Aportela explained that Ordinance #24-07 updates the fees for the Police Department to provide traffic details as well as establishes a vehicle fee and Ordinance #24-08 updates the locations where left-hand turns are prohibited No one came forward. Motion by Councilman Glass, second by Councilwoman Kinsella, to close the floor to the public on Ordinance #24-07 and #24-08. Motion by Council President Montisano-Koen, second by Councilwoman Malellari, that Ordinance #24-07 and #24-08 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: absent Councilwoman Malellari: aye Council President Montisano-Koen: aye Councilman Benson: aye Councilwoman Kinsella: aye Councilman Glass: aye RESOLUTIONS - By Consent a. #24-122 Approve the Hire of Police Dispatcher – Johnson b. #24-123 Approve the Hire of Police Dispatcher - Coccaro c. #24-124 Authorize the Borough of River Edge to Execute & Ratify a Sidebar Agreement with River Edge Superior Officers’ Association, Local 201 & River Edge Police Benevolent Association, Local 201 Regarding Outside Duty Rate Increase d. #24-125 Authorize Increase in Deferred School Taxes for Local School and Regional High School Taxes e. #24-126 Authorize the Release of Bond Posted by ILBJ, LLC for Development of 335 Johnson Avenue (Block 1405, Lot 3) f. #24-127 Authorize Execution of Hold Harmless Agreement between Borough of River Edge & RW Oradell, LLC g. #24-128 Establish River Edge Farmers Market & Create Farmers Market Committee h. #24-129 Authorize Execution of Shared Services Agreement – County of Bergen – Limited Tree Removal Services Council President Montisano-Koen requested an explanation of Resolution #24-125. CFO Battaglia explained that this resolution is the product of the school being on a fiscal year while the Borough is on a calendar year. He advised that the purpose is to memorialize the balance at the end of 2023. Motion by Council President Montisano--Koen, second by Councilman Benson, that the Consent Agenda be approved. The vote was recorded as follows: Councilwoman Kaufman: absent Councilwoman Malellari: aye Council President Montisano-Koen: aye Councilman Benson: aye Councilwoman Kinsella: aye Councilman Glass: aye ******** #24-130 Payment of Bills Councilwoman Kinsella read resolution #24-130 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 April 8, 2024. BE IT RESOLVED, that the Mayor and Council of the Borough of River Edge approve the following expenditures. CURRENT FUND $ 356,105.11 GENERAL CAPITAL FUND $ 34,382.50 TRUST OTHER $ 5,411.33 UNEMPLOYMENT TRUST $ 32,767.07 DEVELOPER’S ESCROW $ 1,775.00 RECREATION TRUST $ 2,210.50 Motion by Councilwoman Kinsella, second by Councilwoman Malellari, that Resolution #24-130 be approved. The was recorded as follows: Councilwoman Kaufman: absent Councilwoman Malellari: aye Council President Montisano-Koen: aye Councilman Benson: aye Councilwoman Kinsella: aye Councilman Glass: aye ******** NEW BUSINESS – REFD Request – 125th Anniversary 50/50 Raffle Ticket Sale – River Edge Run Borough Administrator Aportela advised that the Fire Department would like approval to sell raffle tickets in honor of the 125th anniversary at the River Edge Run. It was the consensus of the governing body that approval be given for the Fire Department to sell tickets at the River Edge Run in honor of their 125th anniversary. Sidewalk Request for Willow Avenue Borough Administrator Aportela explained that a resident is requesting the construction of a sidewalk on their street. She noted this area was not included in the 2024 budget. It was decided that this request be sent to Traffic & Safety for review and recommendation. Should installation of a sidewalk be recommended, it was noted that it would most likely be considered in a future year and impacted residents would be polled at that time. Youth Recreation Programs – Request to Place Lawn Signs on Borough Property Borough Clerk Dodd explained that the Recreation Director received a request from USA Sports to place 2 ft by 4 ft signs in Memorial, KBG, and Brookside Parks to advertise for the upcoming season. She advised that this group runs a variety of sports programs for the Borough and the signs would be in place from spring through fall. Borough Attorney Shahdanian confirmed that granting this request would not set a precedent. He suggested that criteria be put in place for granting such requests such as the provider is to be sanctioned by Recreation. It was agreed to have Joseph Ricca, Recreation Director, attend the next Mayor and Council meeting to provide further information on this request. OLD BUSINESS – There was no Old Business. PUBLIC COMMENTS – As he expressed his belief that many residents are in attendance this evening to speak about the Library, Mayor Papaleo explained that the Library is run by the Library Board and is a quasi- independent group. While the Borough owns and maintains the building and construction projects are run through the Borough, he noted that the governing body has no control over the operation of the Library. He advised that, although the Borough, statutorily, has an obligation to provide a 1/3 of a million dollars in funding to the Library, the Borough has typically given $109,000 in additional funding. Although the Library has always lived within its budget, he stated that, last year, the salary portion of the budget was over expended. He noted that, as a result, a budget transfer was necessary in January. He detailed the various expenses that are covered by the Borough and advised that the overage from last year is being deducted from the 2% salary increase that was included in the budget. He emphasized that this deduction is not a budget cut. He remarked that the lines within their budget are simply for accounting purposes and they have the ability to allocate the funding however they deem fit. As such, he commented that it was the decision of the Library to reduce the hours rather than making a reduction in another area. Pat Youghar, 294 Cherry Lane, expressed her opinion that the Library serves as a community center and needs to stay open. Jonathan Lees, 275 Midland Avenue, commented that the Library is used for a lot more than books and is a place where people go to connect. Fouzia Michel, 136 Continental Avenue, detailed the various activities that take place at the Library and remarked that, due to hours being reduced, the reduction in their budget feels like a budget cut. Cindy Bequeaith, 745 Seventh Avenue, questioned whether funding that had been allocated to the community center can be used toward the Library. She urged the governing body to help the Library in any capacity that they can. Kathleen Jerome, 109 Madison Avenue, commented that, with the change in hours, adults will not be able to go to the Library. She questioned whether residents will need to go to the Library Board to express their dissatisfaction with this change and expressed her opinion that it would be easiest if the Mayor and Council simply found the $25,000 to give to the Library. Diana O’Keefe, 297 Van Saun Drive, stated that residents need the Library and asked that the money be found. Chirstine George, 291 Van Saun Drive, asked that the funding be found in the budget for the Library, commenting that it is an essential part of the community and serves as a social safety net. Kathleen Murphy, resident, River Edge, NJ, pointed out areas in the budget where funding was not reduced when lines had not been utilized in a number of years. She expressed her opinion that cutting this funding is misguided and asked that the budget be revisited. She questioned the reason that the meetings are not being held in the Courtroom. Margaret Churley, 172 Mohawk Drive, advised that she has been the Reference Librarian for 18 years and is a lifelong resident of the town. She commented that the 1/3 of a million-dollar formula is 40 years old and needs to be revised. She requested that the governing body allocate the extra funding. Cindy Bequeaith, 745 Seventh Avenue, noted that the sidewalks throughout town are in horrible condition due to trees. She requested that the governing body consider requiring that homeowners repair uneven sidewalks prior to a house being sold. She expressed concern that the Borough will lose Shade Tree members as a result of Ordinance #24-10 and commented that she would love to hear that the governing body is open to speaking with them. Alice Melone, 274 Oak Avenue, advised that she has already had to replace the sidewalk in front of her house twice due to trees and will need to replace it for a third time. She remarked that the Borough should be responsible for half the cost. Donna Dapper, 301 Princeton Drive, expressed her opinion that the reduction in the Library budget appears punitive. She noted that there seemed to be a misunderstanding on the Library’s part that funds from the prior year could not be utilized. She commented that the Library is the hub of River Edge and asked that the governing body go back and sharpen their pencils to see if additional funding can be found. Liz Stewart, 178 Wales Avenue, explained that the Shade Tree Commission oversees trees on public property and expressed her belief that a decision was made based on incorrect information. She expressed her opinion that Ordinance #24-10 is flawed and is placing liability on the town. Motion by Council President Montisano-Koen, second by Councilwoman Kinsella, and all members present voting in favor, to close public comment. Borough Administrator Aportela explained that, when a Department Head sees an issue regarding salaries or personnel, they request to meet with the Personnel Committee to seek authorization for any changes. Should an over expenditure take place that was not due to an emergency, she advised that the Department Head would be disciplined. With respect to the HVAC improvements, she explained that a grant was received and, due to the building being municipally owned, the Borough awarded and oversaw this project. She confirmed that this project was covered by the Borough through debt and did not come out of the funds allocated to the Library. In regard to the question regarding why meetings are not being held in the Courtroom, she advised that this location would not allow for the meetings to be held in a hybrid format and does not have a dais that can accommodate the entire governing body. Mayor Papaleo stated that it was the Library’s decision to close the building to the public at 7 pm rather than having days when the building opens and closes later. He agreed that the Library does serve as a community center and noted that it is for this reason that more than the statutory amount has been allocated to their budget. He detailed the rigorous process that the Finance Committee and governing body went through when reviewing the budget. He noted that, although they attempted to make cuts wherever possible, there were significant increases that were out of the Borough’s control which resulted in a tax increase of 4.76%. He commented that, although the Library Director has done a phenomenal job for over 20 years, it is his responsibility to ensure that he stays within budget and to know that unspent funds from the previous year do not carry over to the next year. He advised that they will look into whether the $25,000 can be restored, pointing out that doing so would have a tax impact for residents by increasing the tax rate from 4.76% to 5.01%. In response to questions and comments from the audience, Mayor Papaleo explained why the budget process takes place this far into the year and advised that justification must be provided for any budget increases to be authorized. He confirmed that they would look into why the Library’s operating budget request was kept flat from 2023. With respect to Ordinance #24-10, Borough Administrator Aportela explained that the DEP language and definitions were taken from the model ordinance. She further explained that the DPW has been designated as the authority within this ordinance as they are on call and part of an emergency response team requiring them to be more responsive than volunteers. She noted that this ordinance does not remove the proactive programs, education, and grant writing that the Shade Tree Commission currently handles. COUNCIL COMMENTS – Due to Councilman Benson losing his voice, Borough Clerk Dodd read the following statement on his behalf: “I am honored to serve as the Liaison to the River Edge Fire Department starting this year. The commitment and family life sacrifices our volunteer fire fighters make every day to ensure our community’s safety is something I was not aware of until I have had the opportunity to spend more time with the Chief and his Dept. There are so many things the Fire Dept is doing to keep our community safe, it is hard to keep my comments short. But I just want to give a shoutout to Tom Carroll and Neal Carroll for their work on the River Edge Fire Department Radio Committee. I also want to thank Oradell’s OEM Joe Gothelf for assisting the committee. They have arranged to get all the Dept radios properly identified and programmed correctly with the necessary channels so the River Edge Fire Dept can properly communicate within the Tri-Boro and Bergen County. This was one of our new Fire Chief’s top priorities for 2024! All of us in River Edge are safer today because of the work you did! Congratulations and well done.” Borough Attorney Shahdanian noted that Ordinance #24-10 was only introduced this evening and public comment will be received at the next meeting during the public hearing which must take place prior to adoption. Councilwoman Kinsella announced that REGAL and Little League will hold Opening Day at Roosevelt on April 14th at 10 a.m. ADJOURNMENT – There being no further business to come before the Mayor and Council, on a motion by Councilwoman Malellari, second by Councilwoman Kinsella, and unanimously carried, to adjourn this meeting. The meeting was adjourned at 9:21 p.m. Respectfully submitted, Anne Dodd, RMC Borough Clerk BOROUGH OF RIVER EDGE ORDINANCE #24-09 AN ORDINANCE TO FIX THE SALARY, WAGE AND COMPENSATION OF THE OFFICERS AND EMPLOYEES OF THE BOROUGH OF RIVER EDGE, IN THE COUNTY OF BERGEN, AND STATE OF NEW JERSEY FOR THE YEAR 2024 BE IT ORDAINED by the Mayor and Council of the Borough of River Edge: Section 1. The compensation for the full-time positions and officers of the Borough of River Edge for the year 2024 shall be as follows: 2024 HOURLY ANNUALLY MINIMUM MAXIMUM MINIMUM MAXIMUM POLICE Chief $100,000.00 $207,000.00 Secretary $45,000.00 $70,000.00 Police Dispatcher $30,000.00 $65,000.00 Records Clerk $40,000.00 $60,000.00 BOROUGH HALL Mayor $1.00 $5,000.00 Each Council Person $1.00 $4,000.00 Borough Administrator $100,000.00 $175,000.00 Assistant Borough Administrator $5,000.00 $10,000.00 Qualified Purchasing Agent $5,000.00 $10,000.00 Assistant Purchasing Agent $5,000.00 $7,500.00 Chief Financial Officer $50,000.00 $100,000.00 Borough Clerk $65,000.00 $105,000.00 Deputy Borough Clerk $50,000.00 $75,000.00 Deputy Treasurer $60,000.00 $95,000.00 Accounts Supervisor $50,000.00 $80,000.00 Technical Assistant to Construction $45,000.00 $70,000.00 Official Zoning Assistant $50,000.00 $80,000.00 Administrative Assistant $40,000.00 $65,000.00 Court Administrator $50,000.00 $80,000.00 Director of Recreation $45,000.00 $85,000.00 DEPARTMENT OF PUBLIC WORKS Superintendent of Public Works $100,000.00 $165,000.00 General Foreperson $85,000.00 $130,000.00 Road Foreperson $75,000.00 $110,000.00 Office Manager/Administrative Assistant/ Certified Recycling Professional $55,000.00 $95,000.00 DPW Administrative Assistant $40,000.00 $70,000.00 Section 2. Longevity. In addition to the salaries set forth above, all full-time employees holding these positions listed herein shall have added to base pay the following percentage computed on the basis of the prevailing salary: Date of Employment Pre- l/l/94 Date of Employment Post - l/l/94 – 7/1/11 During: During: 5 - 8 years of service - 2% 5 - 8 years of service-2%-not to exceed $480 9 -12 years of service - 4% 9 - 12 years of service-4%-not to exceed $960 13-16 years of service - 6% 13-16 years of service-6%-not to exceed $1,440 17-20 years of service - 8% 17-20 years of service-8%-not to exceed $1,920 21 Plus years of service-10% 21 Plus years of service-10%-not to exceed $2,400 Section 3. Regular, full-time employees who have been hired after July 1, 2011 shall not be entitled to longevity payments in addition to their salary. Section 4. Compensation for the following part-time positions and officers of the Borough of River Edge for the year 2024 is hereby supplemented and amended as follows: HOURLY ANNUALLY MINIMUM MAXIMUM MINIMUM MAXIMUM Tax Assessor $20,000.00 $37,000.00 Tax Collector $20,000.00 $60,000.00 Deputy Tax Collector $2,500.00 $12,000.00 Tax Collection Clerk Min. Wage $30.00 Assistant Tax Collector Min. Wage $35.00 Building/Zoning/Code Enforcement Construction Official $10,000.00 $35,000.00 Building & Sub-Code Officer $3,000.00 $25,000.00 Fire Code Sub-Code Officer $3,000.00 $25,000.00 Zoning Officer $10,000.00 $35,000.00 Building Inspector $3,000.00 $25,000.00 Electric Inspector $3,000.00 $25,000.00 Plumbing Inspector $3,000.00 $25,000.00 Plumbing Sub-Code Officer. $3,000.00 $25,000.00 Electrical Sub-Code Officer $3,000.00 $25,000.00 Code Enforcer Min. Wage $35.00 Temporary Building Inspector Min. Wage $34.00 Finance Accounts Payable Clerk Min. Wage $30.00 $40,000.00 $60,000.00 Payroll Clerk $25,000.00 $51,000.00 Accounts Receivable Clerk Min. Wage $30.00 Fire Prevention Fire Inspector Min. Wage $40.00 $2,750.00 $4,000.00 Fire Official $8,550.00 $25,000.00 Fire Prev./Fire Dept./Emerg. Mgmt Clerk Min. Wage $35.00 Fire Department Fire Chief $2,500.00 $4,000.00 Assistant Chief $2,400.00 $3,800.00 Deputy Chief $2,400.00 $3,800.00 Captain $2,000.00 $3,000.00 Lieutenant $1,800.00 $2,700.00 Firefighters $600.00 $1,000.00 Municipal Court Temporary Court Administrator Min. Wage $42.00 Deputy Court Administrator Min. Wage $35.00 Municipal Judge $11,100.00 $20,094.00 Prosecutor $3,300.00 $12,000.00 Substitute Prosecutor $85.00 $100.00 Court Cashier/Clerk/Data Entry Operator Min. Wage $34.00 Planning Board Assessor/Land Use Clerk Min. Wage $34.00 $13,950.00 $35,000.00 Recording Secretary Min. Wage $25.00 OEM Emergency Management Coord. $2,750.00 $14,000.00 Deputy Emergency Mgmt.Coord. $1,000.00 $5,000.00 Recreation Assistant to the Director of Recreation and Cultural Affairs $40,000.00 $60,000.00 Camp Director(s) $1,000.00 $7,000.00 Assistant Camp Director $1,000.00 $5,000.00 Camp Office Manager $100.00 $3,500.00 Activities Coordinator $100.00 $3,500.00 Arts & Craft Leader $100.00 $3,500.00 Unit Leader(s) $100.00 $2,500.00 Assistant Unit Leaders $100.00 $2,250.00 Counselors $100.00 $2,000.00 Instructors $100.00 $10,000.00 Park Attendant Min. Wage $30.00 Health Public Health Nurse $22,250.00 $50,000.00 Board of Health Secretary Min. Wage $30.00 Registrar of Vital Statistics $1,500.00 $5,000.00 Deputy Registrar of Vital Statistics Min. Wage $42.50 Public Works Custodian/Borough Hall Min. Wage $30.00 $13,950.00 $35,700.00 Sewer Operator $600.00 $7,000.00 Extra Laborers Min. Wage $30.00 Temporary Acting Superintendent of Public Min. Wage $100.00 Works Bus/Van Dispatchers Min. Wage $30.00 Municipal Certified Recycling Coordinator Min. Wage $35.00 Operator Min. Wage $35.00 Police Police Matron Min. Wage $30.00 Police Dispatcher Min. Wage $30.00 Class II Officer Min. Wage $50.00 Class III Officer $38.00 $45.00 School Crossing Guards Min. Wage $30.00 Court Officer Min. Wage $25.00 Various Temp. Clerical Employees Min. Wage $25.00 Clerk/Typist Min. Wage $25.00 Bookkeeper/Secretary Min. Wage $26.00 Code Inspector Min. Wage $26.00 Historic Preservation Fund Certified Local Grant –Document Scanner Min. Wage $37.00 Section 5: The compensation for Judges who shall serve in the absence of the Municipal Court Judge, shall be paid whenever required, on a varying scale of ZERO to EIGHTY-FIVE dollars ($0 - $85.00) per hour, upon presentation of duly executed voucher as required by law. Section 6: The compensation for Prosecutors who shall serve in the absence of the Municipal Prosecutor, shall be paid whenever required, on a varying scale of ZERO to EIGHTY-FIVE dollars ($0 to $85.00) per hour, upon presentation of duly executed voucher as required by law. Section 7: In addition to the salaries set forth herein, non-contractual employees of the Borough of River Edge covered under this ordinance shall be entitled to those benefits as specified in the Personnel Policy and Procedure Manual adopted by Resolution #21-264, dated September 13, 2021, and updated by Resolution #23-239, dated August 14, 2023. Section 8: In addition to the salaries set forth herein, the Borough Administrator of the Borough of River Edge covered under this ordinance shall be entitled to those benefits as specified in her contract as adopted by Resolution #20-283, dated December 14, 2020, Resolution #21-339, dated December 13, 2021, and Resolution #22-358, dated January 4, 2023. Section 9: In addition to the salaries set forth herein, the Borough Clerk of the Borough of River Edge covered under this ordinance shall be entitled to those benefits as specified in her contract as adopted by Resolution #21-302, dated November 8, 2021, and Resolution #22-359, dated January 4, 2023. Section 10: Compensation for the part-time Recreation personnel, with the exception of the Assistant to the Director of Recreation and Cultural Affairs and the Park Attendant, shall be paid from the respective program trust accounts associated with said personnel. Section 11: Any difference in terms between the above policy and ordinance, the policy will be deemed dispositive. The employee compensation disclosure form shall be made part of any formal action taken by the local unit, but shall not be considered part of any contract or agreement. Section 12: The salaries, wages or compensation of all officers and employees shall be paid in twenty- four (24) installments, or upon presentation of duly executed vouchers as required by law. Section 13: This ordinance shall take effect as of January 1, 2024 when passed and published as required by law. INTRODUCED: ADOPTED: ___________________________________ Thomas Papaleo, Mayor _________________________________ Anne Dodd, RMC Borough Clerk BOROUGH OF RIVER EDGE ORDINANCE NO. 24-10 AN ORDINANCE AMENDING THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF RIVER EDGE, CHAPTER 384, ENTITLED “TREES” 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. Chapter 384 entitled “Trees” of the Revised General Ordinances of the Borough of River Edge is hereby amended to read in full as follows: Chapter 384. Trees Article I – Shade Tree Advisory Committee § 384-1 Findings A. The shade trees existing within the Borough of River Edge are of vital importance to the public good due to their aesthetic and environmental benefits and the economic value that they lend to properties within the Borough of River Edge as a consequence of their existence. B. The loss of any shade tree within the Borough of River Edge is a loss to the entire community and, as such, should be avoided except when removal is necessary for reasons of safety, public necessity, or unavoidable development. § 384-2. Creation; organization. A. A Shade Tree Advisory Committee is hereby created to discharge the duties hereinafter detailed with the goal of preserving the shade trees in the Borough of River Edge. B. The Committee shall be organized as follows: 1) The Committee shall consist of five (5) five regular members and two (2) alternate members. All Committee members shall be residents of the Borough of River Edge and shall serve without compensation. All Committee members shall be appointed by the Mayor with the advice and consent of the Council. 2) The first Committee members shall be appointed within 60 days after the effective date of this article, and their initial terms of office shall commence upon the date of their appointment and be for the respective periods: The terms of the initial appointments of the regular members shall be staggered such that one member shall be appointed for a one-year term, two members for a two- year term, and two members for a three-year term,. Thereafter all regular members shall be appointed for a term of three (3) years. 3) There shall be two alternate members, designated as “Alternate No. 1” and “Alternate No. 2” at time of appointment, shall serve during the absence or disqualification of any regular member or members, Alternate members may attend and speak at all meetings of the Committee but shall not vote except in the absence or disqualification of any regular members. Alternate No 1 may vote in the absence or disqualification of a regular member. Alternate No 2 may vote in the absence or disqualification of more than one regular member or in the absence or disqualification of Alternate No. 1 and a regular member. One alternate member shall be initially appointed for a one-year term and one alternate member shall be initially appointed for a two-year term. Thereafter, alternate members shall be appointed for a term of 2years. 4) There shall be elected a Chairperson and Secretary by and from the regular membership of the Shade Tree Advisory Committee on an annual basis. No member shall serve as Chairperson or Secretary for more than 2 consecutive years. 5) Members are eligible to obtain Continuing Education Credits (CEUs) for the Borough as required under the New Jersey Community Forestry Program, in addition to the CORE training for new members. The Committee needs to coordinate with the Superintendent of the Department of Public Works to determine which 2 individuals will obtain the (CEUs) for the Borough annually, which are a minimum total of 8 credits. The Borough shall only pay for the training courses for Committee Members. Members may select any courses listed by the Rutgers University Urban Forestry Program. Members are required to notify the Borough Administrator which course they wish to be registered for so that a purchase order can be generated. § 384-3. Duties. The duties of the Shade Tree Advisory Committee shall be as follows: A. The advising of the Mayor and Council, in writing, at least annually, of such policies, practices, procedures, and actions that should be considered for the replacement and preservation of shade trees within the municipality as part of the Borough's overall governmental philosophy. B. Developing and implementing, subject to the approval of the Department of Public Works Superintendent (for all trees planted throughout the Borough), Chief of Police (for trees planted near street corners or street/traffic signage to not impede the line of sight for pedestrians and motorists), and Director of Recreation (for trees planted in Borough parks), procedures calculated to prevent the unnecessary damage or destruction of trees located in the public rights-of-way or within public parks throughout the Borough by utilizing Public Works crews, contractors, member of the Committee or members of the general public. C. To advise, through a liaison to be decided by the Mayor and Council, the Department of Public Works concerning the maintenance of shade trees within the Borough and, in general, to be a resource for the Mayor and Council in facilitating the various agents and employees of the Borough in protecting and/or replacing such trees as presently exist. D. To recommend and, with the approval of the Mayor and Council, develop programs for the systematic replacement or addition of shade trees, in which funding will be determined by the Mayor and Council. E. To generally act as a subject matter expert in preparing reports to the Mayor and Council for submission to the New Jersey Community Forestry Program, coordinating with the Borough Grant Writer for the submission of any grants, and in the absence of a grant writer, submit grant applications associated with shade trees to the Mayor and Council for further action. F. Coordinate Arbor Day activities with the River Edge Board of Education and River Dell Board of Education. G. The Committee shall meet on a monthly basis, except for the months of July and August. At least 30 days prior to the end of a calendar year, the Committee shall provide the Borough Clerk with a calendar of meetings for the next year. H. Notwithstanding that the Committee is advisory only and not subject to the Open Public Meetings Act (OPMA), meetings shall be held in accordance with the Open Public Meetings Act (OPMA) and the requirements of the Open Public Records Act (OPRA). Agendas must be provided to the Borough Clerk for posting on the Borough website no less than a week prior to the meeting. Minutes of the meeting must be approved at the following meeting and forwarded to the Borough Clerk for posting on the Borough website after approval. I. The Committee shall refer to the DPW Superintendent and recommend a reply to all emails and phone calls submitted by residents, whether directly or through the Borough website within 48 business hours. J. Help the DPW Superintendent or its designee to administer the provisions enumerated in Article IV – Tree Protection. K. Such other advisory duties as the Mayor and Council shall, from time to time by resolution, entrust to the Shade Tree Advisory Committee in furtherance of the aforementioned goals and objectives. § 384-4. Tree planting participation. Members of the Shade Tree Advisory Committee and designated volunteers who have signed a participation agreement and waiver, may plant trees as part of the Borough's shade tree replenishment program in accordance with this section. Volunteers shall not plant any trees without the expressed consent of the DPW Superintendent, Chief of Police, and Director of Recreation and Cultural Affairs. The process shall be as follows: A. The Advisory Committee shall identify a location in the right-of-way for planting a tree. B. The Advisory Committee shall mark the tree location with stakes. C. The Advisory Committee shall notify the DPW Superintendent, Chief of Police, and Director of Recreation and Cultural Affairs via email of the proposed tree location. D. The DPW Superintendent, Chief of Police, and Director of Recreation and Cultural Affairs shall review the location and any other related concerns and shall advise the Advisory Committee whether the tree planting and location are approved or disapproved, together with the reasons therefor, via email. The Borough Administrator shall also be informed of any approved or disapproved planting. E. If the tree planting and location are approved, the Advisory Committee shall be responsible for calling 811 for utility mark-outs and shall inform in writing the resident about the tree planting, which shall include obtaining a commitment to water and otherwise care for the tree. F. If the tree planting and location are approved, the Advisory Committee shall coordinate the planting with the DPW Superintendent, who shall provide the shade tree and tools for planting. The tools for planting are only to be provided in the event that the planting has not been outsourced to a private contractor. G. The Advisory Committee shall provide care instructions specific to the tree species planted to the property owner. Article II – Tree Removal and Replacement § 384-5. Purpose: As required by the New Jersey Department of Environmental Protection, under the Municipal Stormwater Regulation Program, the Borough of River Edge must establish requirements for tree removal and replacement to reduce soil erosion and pollutant runoff, promote infiltration of rainwater into the soil, and protect the environment, public health, safety, and welfare. § 384-6. Definitions: For the purpose of this ordinance, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this ordinance clearly demonstrates a different meaning. When consistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The use of the word "shall" mean the requirement is always mandatory and not merely directory. Applicant - means any "person", as defined below, who applies for approval to remove trees regulated under this ordinance. Critical Root Radius (CRR) - means the zone around the base of a tree where the majority of the root system is found. This zone is calculated by multiplying the diameter at breast height (DBH) of the tree by 1.5 feet per inch of DBH. For example, a tree with a 6" DBH would have a CRR of 9 (6 x 1.5=9) Diameter at Breast Height (DBH) - means the diameter of the trunk of a mature tree generally measured at a point four and a half feet above ground level from the uphill side of the tree. For species of trees where the main trunk divides below the 4 ½ foot height, the DBH shall be measured at the highest point before any division. Hazard Tree - means a tree or limbs thereof that meets one or more of the criteria below. Trees that do not meet any of the criteria below and are proposed to be removed solely for development purposes are not hazard trees. 1) Has an infectious disease or insect infestation; 2) Is dead or dying; 3) Obstructs the view of traffic signs or the free passage of pedestrian or vehicles, where pruning attempts have not been effective; 4) Is causing severe damage to structures (such as building foundations, sidewalks, , etc.); or 5) Is determined to be a threat to public health, safety, and/or welfare by a certified arborist or Licensed Tree Expert (L.T.E.). Person - means any individual, resident, corporation, utility, company, partnership, firm or association. Planting Strip - means the part of a street right-of-way between the public right-of-way and the portion of the street reserved for vehicular traffic or between the abutting property line and the curb or traveled portion of the street, exclusive of any sidewalk. Resident- means an individual who resides on the residential property where a tree(s) regulated by this ordinance is removed or proposed to be removed. Street Tree - means a tree planted in the sidewalk or a planting strip in the public right- of-way adjacent to the portion of the street reserved for vehicular traffic. This also includes trees planted in planting strips within the roadway right-of-way, i.e., islands, medians, pedestrian refuges. Tree - means a woody perennial plant, typically having a single stem or trunk growing to a considerable height and bearing lateral branches at some distance from the ground. Tree Caliper - means the diameter of the trunk of a young tree, measured six (6) inches from the soil line. For young trees whose caliper exceeds four (4) inches, the measurement is taken twelve (12) inches above the soil line. Tree removal - means to kill or to cause irreparable damage that leads to the decline and/or death of a tree. This includes, but is not limited to, excessive pruning, application of substances that are toxic to the tree, over-mulching or improper mulching, and improper grading and/or soil compaction within the critical root radius around the base of the tree that leads to the decline and/or death of a tree. Removal does not include responsible pruning and maintenance of a tree, or the application of tree treatments intended to manage invasive species. Removal includes grinding of the tree stump. § 384-7. Tree Replacement Requirements A. Within a five-year period, any person who removes one or more street tree(s) with a DBH of 2.5" or more, unless exempt under Section 384-8, shall be subject to the requirements of the Tree Replacement Requirements Table below. B. Any person, other than a resident, who removes one or more tree(s) with a DBH of 6" or more per acre, unless exempt under 384-8, shall be subject to the requirements of the Tree Replacement Requirements Table. The species type and diversity of replacement trees shall be in accordance with the most recent list of native trees published by the New Jersey Department of Environmental Protection which shall be listed in Appendix A. Replacement tree(s) shall: 1) Be replaced in kind with a tree that has an equal or greater DBH than the tree removed or meet the Tree Replacement Criteria in the table below; 2) Be planted within twelve (12) months of the date of removal of the original tree(s) or at an alternative date specified by the municipality; 3) Be monitored by the applicant for a period of two (2) years to ensure their survival and shall be replaced as needed within twelve (as) months; and 4) Shall not be planted in temporary containers or pots, as these do not count towards tree replacement requirements. Tree Replacement Requirements Table: Category Tree Removed (DBH) Tree Replacement Criteria Application (See Appendix A) Fee 1 DBH of 2.5” (for street Replant 1 tree with a $50 trees) or 6” (for non- minimum tree caliper of 1.5” street trees) to 12.99” for each tree removed 2 DBH of 13” to Replant 2 trees with $100 22.99” minimum tree calipers of 1.5” for each tree removed 3 DBH of 23” to Replant 3 trees with $150 32.99” minimum tree calipers of 1.5” for each tree removed 4 DBH of 33” or Replant 4 trees with $200 greater minimum tree calipers of 1.5” for each tree removed C. Replacement Alternatives: If the Superintendent of the Department of Public Works or any other entity designated by the Municipality, determines that some or all required replacement trees cannot be planted on the property where the tree removal activity occurred, then the applicant shall do one of the following: a. Plant replacement trees in a separate area(s) approved by the municipality. b. Pay a fee of $500.00 per tree removed. This fee shall be placed into the Borough’s Shade Tree Replacement Fund. §384-8. Exemptions: All persons shall comply with the tree replacement standard outlined above, except in the following cases. Proper justification shall be provided, in writing, to the municipality by all persons claiming an exemption including photos, a detailed explanation as to why they should be exempt and any statements from a licensed tree expert or arborist. A. Residents who remove less than four (4) trees per acre that fall into category 1, 2, or 3 of the Tree Replacement Requirements Table within a five-year period. B. Tree farms in active operation, nurseries, fruit orchards, and garden centers; C. Properties used for the practice of silviculture under an approved forest stewardship or woodland management plan that is active and on file with the Borough; D. Any trees removed as part of a municipal or state decommissioning plan. This exemption only includes trees planted as part of the construction and predetermined to be removed in the decommissioning plan; E. Any trees removed pursuant to a New Jersey Department of Environmental Protection (NJDEP) or U.S. Environmental Protection Agency (EPA) approved environmental clean-up, or NJDEP approved habitat enhancement plan; F. Approved game management practices, as recommended by the State of New Jersey Department of Environmental Protection, Division of Fish, Game and Wildlife; G. Hazard trees may be removed with no fee or replacement requirement, provided however, that the grinding of the tree stump is required as part of the removal process. § 384-9. Enforcement: This ordinance shall be enforced by the DPW Superintendent and by the River Edge Police Department and/or Code Enforcement Officer, during the course of ordinary enforcement duties. § 384-10. Violations and Penalties: Any person(s) who is found to be in violation of the provisions of this ordinance shall upon conviction be subject to a fine of not less than $100 nor more than $2,000, imprisonment for a term not to exceed 90 days or community service for a period of up to ninety (90) days, or any combination thereof. In addition, the Borough may recover the sum of $500 for each tree that would have been required for mitigation pursuant to Section 384-7. Any additional sums recovered shall be deposited into the Borough’s Shade Tree Replacement Fund. Article III – Utilities § 384-11. Wire and utility trimming: A. Any public utility or its agents may upon receiving (written) permission from the Superintendent of Public Works or his designee, at least 72 hours prior to the start of work, prune or remove trees for line clearance of utility wires in nonemergency situations pursuant to a line-clearance program. B. Any public utility or its agents may undertake emergency tree work to restore electrical service or spot work to prevent interruption of electrical, telephone, telegraph, cable television or other wire services. In such event, the utility shall notify the Superintendent of Public Works or his designee, of said work within three business days of its beginning. C. The Superintendent of Public Works shall notify the Advisory Committee and coordinate with the River Edge Police Department in writing for its records of any pruning or removal of trees by any public utility or its agents. Article IV – Tree Protection § 384-12. Purpose. A. The Mayor and Council of the Borough of River Edge finds that the preservation, protection, and planting of trees and other plants conserves and enhances the Borough's physical and aesthetic appearance, and generally protects the public health and safety and general welfare. B. The intent of this article is to limit the adverse impact of damage and removal of Borough trees associated with construction. This article preserves and perpetuates the Borough's tree stock located on public property and within the public right-of-way, through the establishment of regulatory controls for the preservation of street trees. § 384-13. Definitions. As used in this article, the terms hereinafter set forth shall be defined and deemed to have the following meanings: Cash Landscape Bond - A cash deposit in United States currency, bank or certified check made out payable to the Borough of River Edge. Committee – The Shade Tree Advisory Committee of the Borough of River Edge including any of its duly appointed members and any of its duly authorized agents. Gross Floor Area - The gross floor area of a principal structure or building measured from exterior walls of the building or principal structure. ISA - The International Society of Arboriculture. Public Property - Any road, easement, passageway or area under the jurisdiction and control of the Borough of River Edge. Regulated Project - Any undertaking involving new construction or development of existing residential property affecting 50% or more of the existing gross floor area said property, 50% or more of the existing floor area or demolition of an existing principal building affecting 50% of the total gross floor area. Regulated Tree - Any living woody perennial plant having a diameter greater than 1 1/2 inches measured at a point four inches above the base of the root flare. This definition shall apply to any tree situated in or along any public property, park, field, public right-of-way, easement or encumbrance under the ownership and control of the Borough of River Edge. The term "regulated tree" shall also mean public tree(s) as provided in the context within the article. Shade Tree Replacement Fund - "Trust Other Fund - Dedicated Shade Tree Escrow Account" and is the dedicated depository account Committee for tree permit fees, tree replacement fees, expert fees and cash landscape bonds. § 384-14. Tree protection permit required. A. Any person undertaking a regulated project shall secure a tree protection permit from the DPW Superintendent and will provide the Borough of River Edge with a cash landscape bond in the amount of up to $5,000 for each Borough of River Edge street tree adjacent to or on said property for a duration of up to a maximum of three years starting from the time a certificate of occupancy is issued. After two years, the tree/trees will be evaluated by the Committee, and based upon the evaluation, the DPW Superintendent will determine whether the cash bond be extended or utilized to remove and replace any or all of the Borough of River Edge trees at on said property. Valuation of trees shall be based upon current ISA standards. B. In the undertaking of a regular project, the owner, contractor or other person in charge thereof shall place such guards around all nearby trees as will effectually prevent injury to such trees. C. All deposits from this section shall be deposited into the Borough’s Shade Tree Replacement Fund. § 384-15. Project permit application process. A. Project permit application submission. Upon filing of a demolition or building permit for a regulated project, a tree protection project permit shall be required for the removal and/or protection of public trees. A permit application for the removal and/or protection of said trees shall be submitted to the DPW Superintendent, together with a copy thereof to the Shade Tree Advisory Committee for review. B. Application contents. An application for a tree removal and protection project permit shall consist of the following: 1) The name and address of the owner of the land. 2) The description of the lands in question, including the lot and block numbers of the land as shown on the current Tax Map of the Borough of River Edge; a survey or plot plan locating public and private trees; tree location placed on existing survey or plot plan need not be certified by any licensed professional. 3) The quantity, DBH caliper size, location and species of regulated tree(s). 4) The proposed dates for commencement and completion of the project. 5) Name and address of the person having express charge, supervision, and/or control of the proposed protection or removal of tree(s). 6) A tree protection plan. C. Application review. 1) The Shade Tree Advisory Committee shall review the project permit application and advise within 10 calendar days the DPW Superintendent as to the applicability with this article. The DPW Superintendent shall then provide written notice to the applicant indicating one of the following determinations and the valuation of regulated trees and landscape bond amount: a) The protection permit is granted; or b) The project permit is granted subject to prescribed conditions attached to such notice. 2) The DPW Superintendent shall render a decision on a project permit application and furnish the required notices within 30 calendar days following submission of a completed application. 3) Failure of the DPW Superintendent to render a decision within the thirty-day period, or within any extension of time granted by the applicant, shall constitute and have the same effect as an approval of the application. 4) Any proposed change in the approved project shall be submitted to the DPW Superintendent and referred to the Shade Tree Advisory Committee for its review and recommendation. The DPW Superintendent’s determination concerning the approval of the amended project shall be determined in the same manner as an original application for a protection permit. 5) The applicant shall maintain a copy of the approved protection permit at the project location. A copy of the protection permit shall be available for inspection by the DPW Superintendent and a representative of the Shade Tree Advisory Committee. 6) Cash landscape bonds must be submitted and posted prior to the start of the project. It shall be the responsibility of the permit holder to make the cash deposit. 7)Appeals. a) The valuation determinations and decisions of the DPW Superintendent shall be reviewable on written appeal to the Mayor and Council. Said appeal shall be filed within 21 days of written notice of the decision of the DPW Superintendent. The appeal before the Mayor and Council shall be a de novo hearing in which the DPW Superintendent shall produce testimony supporting the disputed tree valuations or actions. b) In the event of a dispute concerning the release of a cash landscape bond, said dispute shall be submitted to the Mayor and Council for final resolution and direction. D. Jurisdiction. The protection assessment of regulated trees may be determined based upon the appraisal of a trained forester or licensed tree expert or the DPW Superintendent or designee. § 384-16. Fees. An application for a tree protection permit shall be accompanied by the required fees as set forth below: A. Administration or application fee for the processing of each tree removal permit is $25. Any subsequent application or request shall be subject to the same fee requirement. B. Escrow deposit where the DPW Superintendent determines that a tree expert is needed for tree evaluation. Expert fees incurred by the DPW Superintendent shall be the responsibility of the applicant. C. All deposits from this section shall be deposited into the Borough’s Shade Tree Replacement Fund. 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 Appendix A Approved list of Replacement tree Species and Planting Standards for Borough of River Edge Tree Species Cultivars Planting Planting Procedure Season Acer Rubrum Spring / Full Sun to Part Shade, Soil Red Maple Fall Moisture - average to wet, Soil Type wide range (clay to sandy loam) Acer Saccharum Fall / early Full Sun to Part Shade, Soil Sugar Maple winter Moisture - average to dry, Soil Type wide range (clay to sandy loam) Acaer x Freemanii Armstrong, Spring / Full Sun, Soil Moisture - Freeman Maple Fairfall, Fall average to dry, Soil Type Marmo, wide range (clay to sandy scarlet loam) Sentinel Amelanchier laevis Spring / Full Sun to Part Shade, Soil Shadblow Fall Moisture - average to wet, Serviceberry Soil Type wide range (prefers well-drained loams) Betula Nigra Spring / Full Sun, Soil Moisture - River Birch Fall average to wet, Soil Type- Prefers moist, acidic, fertile soils Carpinus Caroliniana Native Flame Spring Part Shade, Soil Moisture - American Hornbeam average to wet, Soil Type - Prefers moist, organically rich soils Celtis Occidentalis Spring Full Sun to Part Shade, Soil Hackberry Moisture - average to dry, Soil Type wide range (clay to sandy loam) Cercis Canadensis Fall Full Sun to Part Shade, Soil Eastern Red Bud Moisture - average to wet, Soil Type - Performs best in moderately fertile soils Cercis Chinensis Late Full Sun to Part Shade, Soil Chinese Redbud Spring / Moisture - average to wet, Early Soil Type - Performs best Summer in moderately fertile soils Cladrastis Kentukea Sweetshade, Spring Full Sun, Soil Moisture - Yellowwood Perkins Pink average, Soil Type - Prefers moist well drained, organically rich soils. Crataegus Crus-galli Thornless Spring / Full Sun, Soil Moisture - Cockspurn Hawthorn varieties only Fall average to medium moisture, Soil Type wide range (clay to sandy loam) Ginkgo Bilobra Spring / Full Sun, Soil Moisture - Ginkgo, Maidenhair Fall average to medium Tree moisture, Soil Type wide range (clay to sandy loam) Gladitsia Triacanthos Moraine, Spring / Full Sun, Thornless, Soil Honey Locust Shademaster, Fall Moisture - average to Sunburst, medium moisture, Soil Imperial Type wide range (clay to sandy loam) Gymnocladus Dioicus Early Full Sun, Soil Moisture - Kentucky Coffeetree Winter / Medium moisture, Soil Early Type organically rich, well- Spring drained soils Liquidambar Cherokee, Early Full Sun to Part Shade, Soil Styraciflua Rotundiloba, Winter / Moisture - average to wet, American Sweetgum Slender Early Soil Type wide range (clay Silouette, Spring to sandy loam) Worplesdon Liriodendron Tulipifera Ardis, Arnold, Spring / Full Sun, Soil Moisture - Tulip Tree Emerald City, Fall average, Soil Type - Fastigiatum organically rich, well- drained loams Metasequoia Fall Full Sun to Part Shade, Soil Glyptostroboides Moisture - average to wet, Dawn Redwood Soil Type - well-drained loam Nyssa Sylvatica Spring / Full Sun, Soil Moisture - Black Gum Fall average to wet, Soil Type sandy loam Ostrya Virginiana Spring / Full Sun to Part Shade, Soil Eastern Hop Fall Moisture - Medium Hornbeam moisture, Soil Type organically rich, well- drained soils Platanus x Acerifolia Spring / Full Sun to Part Shade, Soil London Planetree Fall Moisture - average to wet, Soil Type wide range (clay to sandy loam) Prunus Cistena Early Full Sun, Soil Moisture - Purple-leaf Sand Spring average, Soil Type - Cherry organically rich, well- drained loams Prunus Sargentii Early Full Sun, Soil Moisture - Sargent Cherry Spring Medium moisture, Soil Type organically rich, well- drained soils Prunus Virginiana Spring / Full Sun to Part Shade, Soil Chokecherry Early Moisture - average to dry, Summer Soil Type wide range (clay to sandy loam) Quercus Bicolor Hightower Spring Full Sun, Soil Moisture - Swamp White Oak average to wet, Soil Type wide range (clay to sandy loam) Prefers acidic soil Quercus Coccinea Kindred Spring Full Sun, Soil Moisture - Scarlet Oak Spirit, average to dry, Soil Type Fastigiata, wide range (clay to sandy Skyrocket loam) Quercus Macrocarpa Spring Full Sun, Soil Moisture - Bur Oak average to dry, Soil Type wide range (clay to sandy loam) Prefers moist well- drained loams Quercus Spring Full Sun, Soil Moisture - Muehlenbergii average to dry, Soil Type Chinkapin Oak wide range (clay to sandy loam) Prefer moist fertile loams Quercus Michauxii Spring Full Sun, Soil Moisture - Chestnut Oak average to wet, Soil Type wide range (clay to sandy loam) Prefer moist fertile loams Quercus Palustris Spring Full Sun, Soil Moisture - Pin Oak average to wet, Soil Type wide range (clay to sandy loam) Prefer moist fertile loams Quercus Phellos Spring Full Sun, Soil Moisture - Willow Oak average to medium moisture, Soil Type wide range (clay to sandy loam) Prefer moist well-drained loams Quercus Robur Spring Full Sun, Soil Moisture - English Oak average to medium moisture, Soil Type wide range (clay to sandy loam) Prefer moist well-drained loams Quercus Rubra Spring Full Sun, Soil Moisture - Northern Red Oak average to medium moisture, Soil Type wide range (clay to sandy loam) Prefers acidic soil Tilia Americana Spring / Full Sun to Part Shade, Soil American Linden Fall Moisture - average to medium moisture, Soil Type wide range (clay to sandy loam) Prefers moist, fertile, well-drained loams Tilia cordata Spring / Full Sun to Part Shade, Soil Little Leaf Linden Fall Moisture - average to medium moisture, Soil Type wide range (clay to sandy loam) Prefers moist, fertile, well-drained loams Ulmus Americana Accolade, Spring / Full Sun to Part Shade, Soil American Elm Frontier Fall Moisture - average to medium moisture, Soil Type - Prefers moist, fertile, well-drained loams Ulmus Parvifolia Spring / Full Sun, Soil Moisture - Lacebark Elm Fall average to medium moisture, Soil Type - Prefers rich, moist loams Zelkova Serrata Spring Full Sun, Soil Moisture - Zelkova average to medium moisture, Soil Type - Prefers rich, moist loams Tree & Shrub Planting Detail Prune and root prune as directed Scarify each planting hole after digging to remove “glaze” from digging. Water in each tree after planting Tree placed with trunk flare at or slightly above surrounding finished grade. No soil shall be placed on top of rootball after planting. All marking tapes/tags/ropes to be removed 2 ½” hardwood posts, 8ft tall (2 per tree) placed 2ft. below ground outside of root ball Ties at 1/3 height of tree: use Arbor tie or similar ¾” wide flat woven polypropylene material to allow some movement without excessive rubbing. Deer protection installed on each tree – will be supplied by Borough. 2” mulch depth 3” from trunk of tree making a saucer around tree. Compacted topsoil Remove burlap and wire basket from root ball at the discretion of the shade tree commission Backfill mix with 12-7-1 briquetted fertilizer (8 per tree) and Mycor™ Tree Saver® Transplant or similar Compacted topsoil 6” minimum depth. 1 ft. clear all sides BOROUGH OF RIVER EDGE ORDINANCE 24-11 CALENDAR YEAR 2024 ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK (N.J.S.A. 40A: 4-45.14) WHEREAS, the Local Government Cap Law, N.J.S. 40A: 4-45.1 et seq., provides that in the preparation of its annual budget, a municipality shall limit any increase in said budget to 2.50% unless authorized by ordinance to increase it to 3.5% over the previous year=s final appropriations, subject to certain exceptions; and, WHEREAS, N.J.S.A. 40A: 4-45.16a provides that a municipality may, when authorized by ordinance, appropriate the difference between the amount of its actual final appropriation and the 3.5% percentage rate as an exception to its final appropriations in either of the next two succeeding years; and, WHEREAS, the Borough Council of the Borough of River Edge in the County of Bergen finds it advisable and necessary to increase its CY 2024 budget by up to 3.5% over the previous year=s final appropriations, in the interest of promoting the health, safety and welfare of the citizens; and, WHEREAS, the Borough Council hereby determines that a 1.00% increase in the budget for said year, amounting to $146,812.14 in excess of the increase in final appropriations otherwise permitted by the Local Government Cap Law, is advisable and necessary; and, WHEREAS the Borough Council hereby determines that any amount authorized hereinabove that is not appropriated as part of the final budget shall be retained as an exception to final appropriation in either of the next two succeeding years. NOW THEREFORE BE IT ORDAINED, by the Borough Council of the Borough of River Edge, in the County of Bergen, a majority of the full authorized membership of this governing body affirmatively concurring, that, in the CY 2024 budget year, the final appropriations of the Borough of River Edge shall, in accordance with this ordinance and N.J.S.A. 40A: 4-45.14, be increased by 3.50%, amounting to $513,842.49, and that the CY 2024 municipal budget for the Borough of River Edge be approved and adopted in accordance with this ordinance; and, BE IT FURTHER ORDAINED, that any amount authorized hereinabove that is not appropriated as part of the final budget shall be retained as an exception to final appropriation in either of the next two succeeding years; and, BE IT FURTHER ORDAINED, that a certified copy of this ordinance as introduced be filed with the Director of the Division of Local Government Services within 5 days of introduction; and, BE IT FURTHER ORDAINED, that a certified copy of this ordinance upon adoption, with the recorded vote included thereon, be filed with said Director within 5 days after such adoption. INTRODUCED: ADOPTED: ___________________________________ Thomas Papaleo, Mayor ATTEST: _________________________________ Anne Dodd, RMC, CMR Borough Clerk/Assistant Borough Administrator

Agenda

Borough of River Edge Mayor and Council Agenda April 8, 2024 Regular Meeting River Edge Library 7:00 P.M. 685 Elm Avenue ______________________________________________________________________________ 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 11, 2024 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 of March 25, 2024. 6. Public Comments on any item on this agenda – (Public Comments will be limited to two (2) minutes per speaker) 7. Monthly Reports – a. Tax Collector - March 31, 2024 b. Land Use Board - February 28, 2024 c. Board of Health - March 25, 2024 8. First Reading – Ordinances Motion that the following ordinances be introduced and passed on first reading and setting April 22, 2024 at 7:00 p.m. or as soon thereafter as the matter can be heard as the date and time and the River Edge Library as the place and Zoom as the virtual platform for the hearing on said ordinances. Ordinance #24-09 – An Ordinance to Fix the Salary, Wage and Compensation of the Officers and Employees of the Borough of River Edge, in the County of Bergen and State of New Jersey for the Year 2024 Ordinance #24-10 – An Ordinance Amending the Revised General Ordinances of the Borough of River Edge, Chapter 384, Entitled “Trees” Ordinance #24-11 – Calendar Year 2024 Ordinance to Exceed the Municipal budget Appropriation Limits and to Establish a Cap Bank (N.J.S.A. 40A:45-14) By: 2nd: RC: 9. 2024 Municipal Budget a. #24-121 Introduce 2024 Municipal Budget 10. Second Reading & Hearing on Ordinances – The following ordinances published herewith were first read by title only on March 25, 2024 and posted on a bulletin board outside of the Clerk’s office. 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” Open/Public By: 2nd: VV: Close/Public By: 2nd: VV: Adoption By: 2nd: RC: 11. RESOLUTIONS - By Consent a. #24-122 Approve the Hire of Police Dispatcher – Johnson b. #24-123 Approve the Hire of Police Dispatcher - Coccaro c. #24-124 Authorize the Borough of River Edge to Execute & Ratify a Sidebar Agreement with River Edge Superior Officers’ Association, Local 201 & River Edge Police Benevolent Association, Local 201 Regarding Outside Duty Rate Increase d. #24-125 Authorize Increase in Deferred School Taxes for Local School and Regional High School Taxes e. #24-126 Authorize the Release of Bond Posted by ILBJ, LLC for Development of 335 Johnson Avenue (Block 1405, Lot 3) f. #24-127 Authorize Execution of Hold Harmless Agreement between Borough of River Edge & RW Oradell, LLC g. #24-128 Establish River Edge Farmers Market & Create Farmers Market Committee h. #24-129 Authorize Execution of Shared Services Agreement – County of Bergen – Limited Tree Removal Services By: 2nd: RC: 12. #24-130 Payment of Bills By: 2nd: RC: 13. New Business – a. REFD Request – 125th Anniversary 50/50 Raffle Ticket Sale – River Edge Run b. Sidewalk Request for Willow Avenue c. Youth Recreation Programs – Request to Place Lawn Signs on Borough Property 14. Old Business – 15. Public Comments -(Public Comments will be limited to two (2) minutes per speaker) 16. Council Comments 17. Closed Session a. #24-131 Resolution to Enter into Closed Session i. Attorney-Client Privilege – N.J.S.A 10:4-12(b)(7) 1. Contracts & Change Orders By: 2nd: RC: 18. Adjournment

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