Mayor & Council

MINUTES Mayor and Council Regular Meeting May 13, 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 May 13, 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 all those places of worship that have become places of possible weapons and threats. 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: Councilwoman Kaufman, Councilwoman Kinsella, Councilwoman Malellari, Councilman Benson, Councilman Glass and Mayor Papaleo. ABSENT: Council President Montisano-Koen ALSO PRESENT: Borough Administrator Lissette Aportela Borough Attorney Reginald Jenkins, Esq. Chief Financial Officer Christopher Battaglia APPROVAL OF MINUTES – On a motion by Councilwoman Kinsella, seconded by Councilman Benson, with Councilwoman Kaufman abstaining from the Apil 8th Minutes, Councilman Benson abstaining from the April 22nd Minutes, and both Councilman Glass and Councilwoman Kinsella abstaining from the May 2nd Minutes and all other members present voting in favor, that the Minutes of the Mayor and Council Special Meeting of March 23, 2024, Mayor and Council Closed Session of April 8, 2024, Mayor and Council Regular Meeting of April 22, 2024, and Mayor and Council Special Meeting and Closed Session of May 2, 2024 are hereby approved. OATH OF OFFICE – Oath of Office to Renata Sanches for the Position of Police Sergeant Mayor Papaleo congratulated Officer Sanches and expressed that he is very proud of both her and the entire department. He then administered the Oath of Office to Renata Sanches for the position of Police Sergeant. Chief Walker commented that he is very proud of Sergeant Sanches for working through this process. He spoke to the various elements of the promotional process, advising that there were 7 viable candidates for this position. He noted that Sgt. Sanches was the first female officer 12 years ago and is now the first female Sergeant. PRESENTATION – Environmental Commission & Green Team Annual Report Patty Almberg and David Kraft, Co-Chairs of the Environmental Protection Commission (EPC), were in attendance to speak to the EPC and Green Team Annual Reports. Mr. Kraft began by detailing the various elements of the EPC Annual Report which included the mission statement, members, and various events that the EPC held in 2023 which included Stormwater Education & Art Contest, Hackensack River Cleanup, showing of American River, and Paddling Day. He noted that the EPC attained Bronze Status through Sustainable Jersey and are members of the Association of New Jersey Environmental Commissions. He spoke to the New Jersey Plastic Bag Ban and the positive results of this law. He finished by reviewing the 2024 EPC goals. Mr. Kraft then detailed the various elements of the Green Team Annual Report. He highlighted 2023 events which included the Styrofoam and Paper Shredding Event held both in April and October, 2nd Chance Toy Drive, Prom Box Returns, Garden Contest. Bracco Farms and Recycling 101 presentations. He noted that the Green Team also works to advertise environmental opportunities within Bergen County. He finished by reviewing the Green Team’s short- and long- term goals in 2024. Mayor Papaleo congratulated and expressed appreciation to both the EPC and Green Team for the outstanding work that they do for the community. 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. No one came forward. On a motion by Councilman Benson, seconded by Councilwoman Kinsella, and all present voting in favor, to close public comments on any item on the agenda. APPOINTMENTS & PERSONNEL CHANGES – On motion by Councilwoman Kaufman, seconded by Councilwoman Kinsella, and all members present voting in favor, to approve the following appointments and personnel changes: Approve the termination of Juan Acevedo, Laborer for the Department of Public Works, effective May 10, 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 - April 2, 2024 Land Use Board - March 13, 2024 2024 MUNICIPAL BUDGET PUBLIC HEARING & ADOPTION – CFO Battaglia explained that State approval was received to adopt the budget this evening. As there is the need to amend the budget, he further explained that this amendment will need to be introduced prior to adoption. He advised that the purpose of this amendment is to move funds from the Salary & Wage Adjustment account to the Library’s budget. Mayor Papaleo added that a 2% salary increase was granted to all non-contractual employees in January and the additional 1% will be effective May 1st. #24-148 Resolution to Read the Budget by Title Only Motion by Councilwoman Kaufman, second by Councilman Glass, that Resolution #24-148 be approved. On a roll call, the vote was recorded as follows: Councilwoman Kaufman: aye Councilwoman Malellari: aye Council President Montisano-Koen: absent Councilman Benson: aye Councilwoman Kinsella: aye Councilman Glass: aye Public Hearing on 2024 Municipal Budget Motion by Councilwoman Malellari, second by Councilman Benson, and all members present voting in favor, to open public comments on the 2024 Municipal Budget. No one came forward. Motion by Councilwoman Malellari, second by Councilman Benson, and all members present voting in favor, to close public comment, all in favor. #24-149 Amend 2024 Municipal Budget Motion by Councilman Glass, second by Councilwoman Kinsella, that Resolution #24-149 be approved. On a roll call, the vote was recorded as follows: Councilwoman Kaufman: aye Councilwoman Malellari: aye Council President Montisano-Koen: absent Councilman Benson: aye Councilwoman Kinsella: aye Councilman Glass: aye #24-150 Adopting 2024 Municipal Budget Motion by Councilwoman Kaufman, second by Councilwoman Kinsella, that Resolution #24-150 be approved. On a roll call, the vote was recorded as follows: Councilwoman Kaufman: aye Councilwoman Malellari: aye Council President Montisano-Koen: absent Councilman Benson: aye Councilwoman Kinsella: aye Councilman Glass: aye FIRST READING – ORDINANCES – Ordinance #24-13 Motion by Councilwoman Malellari that the following ordinance be introduced and passed on first reading and setting May 30, 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 Councilman Benson. Mayor Papaleo read the title of the ordinance into the record: Ordinance #24-13 - An Ordinance to Authorize A Special Emergency Appropriation N.J.S. 40A:4- 53 Borough Administrator Aportela explained that the Borough was ordered to reassess all properties and this ordinance authorizes this expense as a special emergency appropriation which allows the Borough to pay it off over five years beginning in next year’s operating budget. She explained that the entire town will be reassessed in the first year, and in the next five years, 20% of the town will be reassessed for a second time. She advised that a resolution to award a contract to Appraisal Systems will be done at the next meeting, commenting that it will be done as a Shared Services Agreement with the Borough of Dumont resulting in a savings of approximately $50,000 to $60,000. She explained when changes in assessments would be effective. On a roll call, the vote was recorded as follows: Councilwoman Kaufman: aye Councilwoman Malellari: aye Council President Montisano-Koen: absent Councilman Benson: aye Councilwoman Kinsella: aye Councilman Glass: aye (See Ordinance #24-13 attached and made a part hereof.) SECOND READING & HEARING ON ORDINANCES Ordinance #24-12 Mayor Papaleo read into the record: The following ordinance published herewith was first read by title only on April 22, 2024 and posted on the bulletin board of the municipal building. Ordinance #24-12 – A Bond Ordinance to Authorize the Making of Various Public Improvements and the Acquisition of new Additional or Replacement Equipment and Machinery, New Information Technology Equipment, New Communication and Signal Systems Equipment And New Automotive Vehicles, Including Original Apparatus and Equipment, In, By and For The Borough of River Edge, In the County of Bergen, State of New Jersey, to Appropriate The Sum of $3,009,981 To Pay The Cost Thereof, To Appropriate Various Grants, To Make A Down Payment, To Authorize The Issuance of Bonds To Finance Such Appropriation And To Provide For The Issuance of Bond Anticipation Notes In Anticipation for The Issuance of Such Bonds. Public Comments on Ordinances #24-12 Motion by Councilman Benson, second by Councilman Glass, and all members voting in favor, to open the floor to the public on Ordinance #24-12. No one came forward. Motion by Councilman Glass, second by Councilwoman Kinsella, to close the floor to the public on Ordinance #24-12. Motion by Councilwoman Malellari, second by Councilman Glass, that Ordinance #24-12 be passed on second and final reading and is 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: absent Councilman Benson: aye Councilwoman Kinsella: aye Councilman Glass: aye RESOLUTIONS - By Consent a. #24-151 Approval to Submit a Grant Application and Execute a Grant Agreement with the New Jersey Department of Transportation for the Local Aid Infrastructure Fund 2024 – LAIF – 2024 – Continental Avenue (Section 3) b. #24-152 Approval to Submit a Grant Application and Execute a Grant Agreement with the New Jersey Department of Transportation for the 2025 Municipal Aid Application – Bogert Road Improvement, Section 9 c. #24-153 Award Contract – FY23 CDBG Sidewalk Replacement at Oxford Terrace, Rutgers Place, and Kinderkamack Road d. #24-154 Approve Change Order 1 -Bogert Road Section 5 and 6 Improvements Project e. #24-155 Approve Shared Services Agreement with the County of Bergen – Snow Plowing / Salting – 2024-2026 f. #24-156 Calling for the Modernization of the Open Public Records Act (OPRA) & Swift Passage of S-2930/A-4045 g. #24-157 Granting of Tenure to Jason Milito, Superintendent of Public Works and Principal Public Works Manager h. #24-158 Confirm Approval of Change Orders – Interior Renovations, HVAC Replacement, & Generator Project for the River Edge Public Library i. #24-159 Approve Change Order #7 – Borough Hall Addition & Alterations j. #24-160 Approve Change Order #8 – Borough Hall Addition & Alterations k. #24-161 Approve Change Order #9 – Borough Hall Addition & Alterations l. #24-162 Authorize Execution of Agreement with Valley Health System, Inc. – Alcohol and Drug Testing Services m. #24-163 Confirm Emergency Purchase – Emergency Public Safety Building Repair n. #24-164 Amend Contract – Architectural Services – Borough Hall Addition and Renovation – Arcari & Iovino Architects, PC o. #24-165 Approve Job Descriptions for the Department of Public Works p. #24-166 2023 ADA Ramps Improvements and Sidewalk Replacement Project & Swim Club KBG Field Parking Lot Improvements Project q. #24-167 Authorize Tax Collector to Refund 2024 2nd Quarter Tax Overpayment r. #24-168 2024 Salary Resolution s. #24-169 Authorize Accounts Supervisor to Issue a refund Check to Paramount Assets for a Street Opening at 901 Kinderkamack Road Motion by Councilwoman Kaufman, second by Councilwoman Malellari, that the Consent Agenda be approved. The vote was recorded as follows: Councilwoman Kaufman: aye Councilwoman Malellari: aye Council President Montisano-Koen: absent Councilman Benson: aye Councilwoman Kinsella: aye Councilman Glass: aye ******** #24-170 Payment of Bills Councilwoman Kaufman read resolution #24-170 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 May 13, 2024. BE IT RESOLVED, that the Mayor and Council of the Borough of River Edge approve the following expenditures. CURRENT FUND $ 8,140,218.02 GENERAL CAPITAL FUND $ 552,889.94 GRANT FUND $ 449.97 ANIMAL CONTROL $ 12.00 TRUST OTHER $ 9,105.65 PAYROLL $ 19,973.01 DEVELOPER’S ESCROW $ 890.00 RECREATION TRUST $ 17,256.56 Motion by Councilwoman Kaufman, second by Councilwoman Kinsella, that Resolution #24-170 be approved. The was recorded as follows: Councilwoman Kaufman: aye Councilwoman Malellari: aye Council President Montisano-Koen: absent Councilman Benson: aye Councilwoman Kinsella: aye Councilman Glass: aye ******** NEW BUSINESS – River Dell Youth Football Sign Request Michael Koth, 159 Tenney Avenue, requested that the River Dell Junior Football Association be authorized to hang a 4x4 sign to promote the 2024 registration drive at the North Field in Memorial Park. He reviewed the language that would be included on the sign as well as where the sign would be placed on the fence. It was agreed to authorize the River Dell Junior Football Association to hang this sign in the requested location. Municipal Land Use Board Proposed Code Amendments Mayor Papaleo explained the basis for the proposed amendments to the Site Plan and Zoning portions of the Borough Code, the purpose of which is to revise definitions, update and clarify lot coverage, covered porch, corner lot, and accessory structure requirements, and modify terminology used for site plan review of retail food establishments. He noted that this ordinance has been vetted multiple times by the Land Use Board Attorney as well as the Borough Planner. Councilman Glass provided insight into how these changes will address runoff and noted that there will be some give and take when structures are semi-permeable such as a deck. Borough Attorney Jenkins reviewed comments that his office had with respect to this ordinance. It was agreed that the Borough Attorney’s comments would be sent to the Land Use Board Attorney for review. This ordinance is to be listed for introduction on the May 30th agenda. Farmer’s Market – Cub Scout Table Councilwoman Kaufman advised that a request was received from the Cub Scouts to place a table at the first Farmer’s Market on May 23rd as well as from the Fire Department to have a table once a month. She noted that the Cub Scouts will provide the necessary insurance coverage and the Fire Department falls under the Borough’s policy. She expressed her belief that both requests can be accommodated. It was the consensus of the governing body to approve both requests. OLD BUSINESS – There was no Old Business. PUBLIC COMMENTS – Motion Councilwoman Kinsella, second by Councilwoman Malellari, and all members present voting in favor, to open public comments. No one came forward. Motion by Councilwoman Kaufman, second by Councilwoman Kinsella, and all members present voting in favor, to close public comment. COUNCIL COMMENTS – Councilman Benson announced that the Stigma Free Concert will take place this Saturday from 6 p.m. to 9 p.m. in Memorial Park. He advised that there have been two incidents that transpired recently during two separate Fire Department trainings in which a firefighter fainted. He commented on how strenuous these trainings are and spoke to the sacrifice that these volunteers make for the community. Councilwoman Malellari advised that the Environmental Protection Commission is holding the Hackensack River Cleanup on Saturday, May 25th from 9 a.m. to 1 p.m. Councilwoman Kaufman announced that the Farmer’s Market will begin Thursday, May 23rd from 3 p.m. to 7 p.m. Members of the governing body congratulated Jason Milito, DPW Superintendent, on attaining tenure. They also recognized the phenomenal job that the members of the Finance Committee did on the budget. CLOSED SESSION – On a motion from Councilwoman Kaufman, seconded by Councilwoman Kinsella, and all present voting in favor, the meeting was adjourned to the Closed Executive Session via Resolution #24-171 at 8:18 pm. #24-171 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 May 13, 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. Affordable Housing Regulations 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 Councilwoman Malellari, second by Councilman Benson, and unanimously carried, to adjourn this meeting. The meeting was adjourned at 8:19 p.m. Respectfully submitted, Anne Dodd, RMC Borough Clerk  BOROUGH OF RIVER EDGE ORDINANCE #24-13 AN ORDINANCE AUTHORIZING A SPECIAL EMERGENCY APPROPRIATION N.J.S. 40A:4-53 BE IT ORDAINED by the Borough Council of the Borough of River Edge, County of Bergen, State of New Jersey, that pursuant to N.J.S. 40A:4-53 the sum of $320,000.00 is hereby appropriated for Reassessment of Real Property (as ordered by the Bergen County Board of Taxation) and shall be deemed a special emergency appropriation as defined and provided for in N.J.S. 40A:4-53. The authorization to finance the appropriation shall be provided for in succeeding annual budgets by the inclusion of at least 1/5 of the amount authorized pursuant to this act (N.J.S. 40A:4-55). BE IT FURTHER ORDAINED that this ordinance shall take effect at the time and in the manner provided by law. I, Anne Dodd, Clerk of the Borough of River Edge, County of Bergen, do hereby certify the foregoing to be a true and correct copy of an ordinance adopted by the Borough Council at a meeting of said Borough Council held on May 30, 2024, and said ordinance was adopted by not less than a two-thirds vote of the members of the Borough Council. Witness my hand and seal of the Borough of River Edge this 30th day of May 2024.