Mayor & Council

MINUTES Mayor and Council Regular Meeting June 10, 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 June 10, 2024. The meeting was called to order at 7:01 p.m. by Council President Montisano-Koen. SILENT PRAYER – FLAG SALUTE Council President Montisano-Koen asked for a moment of silence for all those impacted by wars and civil unrest around the world. She then led those present in a salute to the flag. STATEMENT OF COMPLIANCE - Council President Montisano-Koen 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, Council President Montisano-Koen, Councilwoman Kinsella, Councilwoman Malellari, Councilman Benson, and Councilman Glass. ABSENT: Mayor Papaleo ALSO PRESENT: Borough Administrator Lissette Aportela Borough Attorney John L. Shahdanian, Esq. PROCLAMATIONS & AWARDS River Dell Robotics Team Certificates Council President Montisano-Koen presented certificates to the following members of the River Dell Robotics Team- Hypnotic Robotics in honor of winning the State of New Jersey Competition in March and advancing to the Division Finals at the World Championships where they finished 2nd overall in their division: • Madeline Campestre • Parker M. Cermak-Hosein • Ted Erdos • Seoyeon Kim • Subham Kumar • Camila J. Arana Melgar • Sushil Muthuvelkumar  • Zachary Neben • Jeremy Salto • David D. Suen • William Valcarcel • Brandon Yi • Rachel Zamsky • Jaden J. Cermak-Hosein, Team Mentor, • Dr. Edward J. Houston, STEM Club Moderator and RDHS teacher Dr. Houston commented on how proud he is of the team and commended them for making it as far as they did. Pride Month Proclamation Council President Montisano-Koen read the following proclamation into the record: PROCLAMATION WHEREAS, the struggle for dignity and equality for lesbian, gay, bisexual, transgender and questioning (LGBTQ+) people is reflected in the tireless dedication of advocates and allies who strive to forge a more inclusive society; and WHEREAS, President Bill Clinton, on June 2, 2000, declared June “Gay & Lesbian Pride Month” to commemorate the June 1969 Stonewall Uprising in Lower Manhattan and on June 1, 2009, President Barack Obama expanded the commemoration further by declaring June to be Lesbian, Gay, Bisexual and Transgender Pride Month; and WHEREAS, June 28, 2019 marked the 50th Anniversary of the Stonewall Uprising which broke out following a police raid on the Stonewall Inn, targeting LGBTQ+ patrons and other marginalized people, in violation of their civil rights, leading to the birth of the "Gay Rights Movement”; and WHEREAS, LGBTQ+ Americans, including those who live in our local communities, face discrimination simply for being who they are and for who they love and there remains much work to do to extend the promise of our country to every person; and WHEREAS, the landmark Supreme Court decision of 2015 guaranteeing marriage equality in all 50 states was a historic victory for LGBTQ+ Americans and continues to affirm our belief that we are all more free when we are treated as equals. NOW, THEREFORE, BE IT RESOLVED that I, Thomas Papaleo, Mayor of the Borough of River Edge, in recognition thereof, do hereby proclaim: The Month of June 2024 as LGBTQ+ Pride Month and encourage all River Edge residents to eliminate prejudice wherever it exists and to celebrate our great diversity by taking part in community events throughout the month of June which focus on and celebrate our LGBTQ+ neighbors. PUBLIC COMMENTS ON ANY ITEM ON THIS AGENDA – On a motion by Councilwoman Kaufman, seconded by Councilwoman Kinsella, and all present voting in favor, to open for public comments on any item on the agenda. Kenny Lehmann, 190 Tenney Ave, noted that the high school students depend on Summer Camp for employment and the seniors only learned that their employment was being rescinded on June 3rd. Although he acknowledged that it may lead to budgeting or resource issues, he asked that the letters of employment be honored. Olivia Power, 15 Tenney Ave, advised that this year would have been her third as a counselor and commented that she loves her job as a counselor as well as the kids and families. She noted that obtaining other employment at this point would be difficult and expressed disappointment that her employment has been rescinded. Colleen, Schwabik, 140 Wayne Ave, expressed her opinion that the decision to rescind employment for the seniors should be reversed, explaining the reasons for her position. On a motion by Councilwoman Kinsella, seconded by Councilman Benson, and all present voting in favor, to close public comments on any item on the agenda. Council President Montisano-Koen read the following statement into record: “As a member of this community this matter is very unfortunate. While the process has not been as it should be nor the messaging, minimum wage increases, low registration, during the course of the application process, an opportunity to return was sent to former camp counselors. 18 returning camp counselors expressed interest in returning and started the application process. During the application process these 18 counselors informed us that they all would be away one week (some longer) during the five-week Camp Program. Once the Rec Director realized this would impact 20% of the job commitment, in collaboration with our BA this was determined not feasible. Since the Camp is self-funded, no fees increased were considered for this year, providing coverage for the absent camp counselors would negatively impact the success of the camp, causing a reduction in activities or even closing the camp for the time counselors requested time off. This is both impractical and fiscally irresponsible. Subsequently, the Rec Director communicated to all camp counselors that had requested time off a rescinding offer letter given them the opportunity to reconsider changing their schedule. None responded or reconsider, and to ensure the camp was fully staffed for the 5 weeks, offers were made to the crew that committed to work the 5 weeks. That all said, I have asked that Camp Registration remains open past the due date 6/18 hoping we reach capacity (300) so the Rec Director and the BA can evaluate the balance of the Camp trust fund account. Personally, to ensure clear communication, I think formal offers of employment should only be sent once the application process is completed and time off and vacation requests are reviewed. Lastly, while this matter is very unfortunate and has caused unrest, the Rec Director has been subject to verbal abuse in person and over the phone. Verbal abuse against borough employees is not what River Edge is about.” Council President Montisano-Koen requested that the Borough Administrator provide a synopsis of the chain of events. Borough Administrator Aportela provided the following information: • Mid-March 2024 – an outreach letter offering the opportunity to return to this year’s camp session was submitted to approximately 50 former counselors (not administrative camp staff) to gauge interest and whether new counselors would need to be solicited. It was a version of letters issued in the past that had been updated with the 2024 minimum wage rates and camp session dates. • Of the 50 former counselors, 37 expressed an interest in returning. An outline of all the steps in the process was provided, which included the link to submit an application, the date of the mandatory meeting, information on annual online training required by the Municipal Joint Insurance Fund, and a link for working papers if applicable. • 5/13 – 5/30 new applicants were interviewed for consideration. • 6/3 – all potential personnel were assessed. 18 of the 37 former counselors (50%) were taking the same week off (or more) of the program – 20% of the program. • Camp is solely funded through fees assessed for the program that are deposited in a dedicated trust account. That trust account covers supplies, events, and personnel. The current balance is $107,520.65. The estimated total payroll for 39 counselors & unit leaders (plus administrative camp staff) is $86,285.75. Transportation for trips and supplies adds another estimated $7285. That leaves a balance to date of $13,949.90. • After a thorough review of the funds, the options were: o Increase the program rates to hire additional personnel to accommodate the 18 former counselors who were planning on missing 20% of the program at the same time – notifying the families of the 249 children already registered that they would need to pay more for the program this year. o Cancel camp for that week in question, which is the 3rd week of the program o Let the program run into the negative, which is not permitted and drastically increase rates next year o Notify these 18 former counselors that they will not be rehired due to the impact of this week off will have on the overall program, but offer them the opportunity to have the decision reconsidered if their requested days off change. • None of the 18 young adults advised that they were adjusting their time off schedule so they can work in the program. Hiring them in addition to the current personnel selected for the program would add $27,234, which as of today would reduce the trust account to -$13,284.10. Borough Administrator Aportela noted that this decision was not made lightly which is the reason that the former counselors were given a couple of days to make adjustments to their time off. Since none of them changed their schedule, she advised that 18 new counselors were hired. She explained that the entire situation was evaluated to determine what was the best course of action for the program’s participants and it was decided that hiring an excess number of counselors is fiscally irresponsible and impractical. APPOINTMENTS & PERSONNEL CHANGES – On a motion by Councilwoman Kaufman, seconded by Councilwoman Kinsella, and all members present voting in favor, to approve the following appointments and personnel changes as amended: Approve the hire of Camp Staff from June 24, 2024 through July 26, 2024 as per the list on file with the Borough Clerk’s office. MONTHLY REPORTS – Council President Montisano-Koen advised that the following reports are on file in the Office of the Borough Clerk and available for review:  Environmental Protection Commission & Green Team - May 21, 2024 Tax Collector Report - May 31, 2024 Library Board of Trustees - June 4, 2024 FIRST READING – ORDINANCES – Ordinance #24-15 & #24-16 Motion by Councilwoman Kinsella that the following ordinances be introduced and passed on first reading and setting June 24, 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 ordinances. Second by Councilwoman Kaufman. Council President Montisano-Koen read the title of the ordinances into the record: Ordinance #24-15 – An Ordinance Amending and Supplementing the Revised General Ordinances of the Borough of River Edge, Chapter 400, “Vehicles and Traffic” Ordinance #24-16 – An Ordinance to Amend Chapter 206 of the Revised General Ordinances of the Borough of River Edge, Entitled Fees Borough Administrator Aportela explained that Ordinance #24-15 provides for up to 15 parking spaces at the River Edge Road Train Station Parking Lot to be designated for nonresidential commuter parking and Ordinance #24-16 establishes permit fees for nonresident commuters as well as nominally increases the permit fees for resident commuters. 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 #24-14 attached and made a part hereof.) RESOLUTIONS - By Consent Councilman Glass noted that Resolution #24-196 does not specify the number of hours per week the Recycling Yard Attendant is to work. It was agreed that this resolution be amended to specify that this employee will work up to 29 hours per week. Councilman Glass asked for confirmation that the $11,495.63 amount reflected in Resolution #24-197 for Change Order #10 is the total cost to build up the subfloor in the Finance Department. Borough Administrator Aportela explained the work entailed and noted that remediation was not necessary which would have driven up the cost. In response a question from Councilman Glass as to whether Resolution #24-199 is statutorily required, Borough Attorney Shahdanian confirmed same. a. #24-190 Approve Refunds – Recreation Department  b. #24-191 Approve the Appointment of a Volunteer Firefighter c. #24-192 Authorize Renewal of ABC Liquor Licenses for 2024-2025 d. #24-193 Resolution Requesting Approval of Items of Revenue and Appropriation e. #24-194 Approve Hire of Part-Time Summer Help in Department of Public Works f. #24-195 Approve Refund – Recreation Department g. #24-196 Approve the Hire of a Part-Time Recycling Yard Attendant in the Department of Public Works – Amended to include language stating “up to 29 hours per week” h. #24-197 Approve Change Order #10 – Borough Hall Addition & Alterations i. #24-198 Authorize Release of Performance Bond – 915 Kinderkamack Road, LLC j. #24-199 Resolution Demonstrating Proof of Local Support for the Suitability of a Retail Cannabis Facility’s Proposed Location & Support of Cannabis Licensing k. #24-200 Authorize Purchase of Playground Equipment for Brookside Park Motion by Councilwoman Kinsella, second by Councilman Benson, that the Consent Agenda be approved as amended. On a roll call, the vote was recorded as follows: Councilwoman Kaufman: aye, abstain #24-199 Councilwoman Malellari: aye, abstain #24-199 Council President Montisano-Koen: aye Councilman Benson: aye Councilwoman Kinsella: aye Councilman Glass: aye ******** #24-201 Payment of Bills Councilwoman Kaufman read resolution #24-201 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 June 10, 2024. BE IT RESOLVED, that the Mayor and Council of the Borough of River Edge approve the following expenditures. CURRENT FUND $ 184,349.17 GENERAL CAPITAL FUND $ 16,624.50 GRANT FUND $ 750.00 ANIMAL CONTROL $ 456.80 TRUST OTHER $ 35,419.13 PAYROLL $ 20,717.26 UNEMPLOYMENT TRUST $ 3,540.35 DEVELOPER’S ESCROW $ 367.50 SELF INSURANCE TRUST $ 10,282.99  RECREATION TRUST $ 9,679.00 Motion by Councilwoman Kaufman, second by Councilwoman Kinsella, that Resolution #24-201 be approved. 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 ******** NEW BUSINESS – Residential Parking Permits – Grove Street Parking Lot Borough Administrator Aportela explained that a resident living at 33 Grove Street requested that residential parking at the Grove Street Parking Lot be permitted. After review by the Traffic Division within the Police Department, she advised that it was determined that up to 3 residential parking spaces can be accommodated within this lot. She noted that an ordinance would be necessary to allow this parking as well as to establish fees. She advised that permits would be issued on a first come, first serve basis. After some discussion, it was agreed that Borough Administrator Aportela is to prepare the necessary ordinances for introduction at the next meeting. She will also work with the Borough Clerk’s office to order a residential sticker in a different color from the commercial parking stickers for this lot. OLD BUSINESS – Local Recreation Improvement Grant Award Borough Administrator Aportela announced that the Borough was awarded $69,000 under the Local Recreation Improvement Grant. She advised that this funding will be used to address drainage and safety issues in Memorial Park. She commented that this grant is reimbursable and agreements are typically issued within 3 to 4 months from the award announcement. Cyber Security Status Borough Administrator Aportela advised that, through the Joint Insurance Fund, the Borough is the only municipality that met all the cyber liability requirements, receiving approval in all tiers. PUBLIC COMMENTS – Motion by Councilman Benson, second by Councilwoman Kinsella, and all members present voting in favor, to open public comments. Monika Jesook, 83 Wayne Ave, advised that she is a volunteer at a non-profit organization and will be holding a private event offering free meditation at the Library this Saturday. She explained that they would like to put a banner outside the Library to advertise the event and hand out flyers at the Farmer’s Market. With respect to placing the banner outside of the Library, Borough Attorney Shahdanian advised that this request would fall under the purview of the Library Board. As this organization is a not-for-profit, he commented that he does not see an issue in granting the request to hand out flyers at the Farmer’s Market. It was the consensus of the governing body to grant the request to distribute flyers at the Farmer’s Market. Ms. Jesook is to speak with Daragh O’Connor, Library Director, regarding the banner request. Motion by Councilwoman Kinsella, second by Councilwoman Malellari, and all members present voting in favor, to close public comment. COUNCIL COMMENTS – Councilman Glass expressed concern that the Recreation Director was not provided with the respect that he deserves in connection with the camp issue and thanked him for attending the meeting virtually this evening. He noted that he has heard conflicting information regarding this situation. He asked that the Borough be responsive to the concerns that were raised this evening, and since they were not notified timely, he asked that a way for these young adults to be brought on as counselors this summer be explored. ADJOURNMENT – There being no further business to come before the Mayor and Council, on a motion by Councilwoman Kinsella, second by Councilman Benson, and unanimously carried, to adjourn this meeting. The meeting was adjourned at 7:51 p.m. Respectfully submitted, Anne Dodd, RMC Borough Clerk  BOROUGH OF RIVER EDGE ORDINANCE #24-15 AN ORDINANCE AMENDING AND SUPPLEMENTING THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF RIVER EDGE, CHAPTER 400, “VEHICLES AND TRAFFIC” BE IT ORDAINED by the Mayor and Council of the Borough of River Edge, County of Bergen, State of New Jersey, as follows: Section 1. Section 400-12, entitled “Municipal-owned parking lots,” of Article II, entitled “Parking, Standing and Stopping,” of Chapter 400, entitled “Vehicles and Traffic,” of the Revised General Ordinances of the Borough of River Edge, is hereby amended to read in full as follows: §400-12 Municipal-owned parking lots. Regulations governing municipal-owned parking lots, and except as modified for the Kinderkamack Road parking lot, as set forth in § 400-17, shall be as follows: A. Hours. (1) Hours. The parking of vehicles between the hours of 6:00 a.m. and 10:00 a.m. weekdays is hereby limited and restricted to vehicles possessing the proper form of identification, as hereinafter provided. (2) Fifteen parking spaces on the westerly side of the municipal parking lot at River Edge Road between Park Avenue and Kinderkamack Road will be designated as commuter parking for nonresidents. B. Commercial vehicles. The parking of commercial vehicles is hereby prohibited in the municipal parking lot located on the north side of River Edge Road between Park Avenue and Kinderkamack Road. C. Application for identification form. Application for the parking of vehicles shall be made at the police headquarters in the Borough upon forms supplied by the Borough Clerk. Upon approval of the application, the Borough Clerk shall issue a form of identification, which shall be affixed to the lower right side of the rear window. D. Duration of identification form. The effective period of the form of identification shall be from January 1 to December 31. Upon the issuance of identification as hereinbefore provided, and after identification has been affixed to the vehicle, the applicant may park the vehicle in the municipal parking lot for which issued in the Borough, within the lines established for the parking of one vehicle, daily throughout the effective period of the identification form. Section 2. Section 400-17.1, entitled “River Edge Road Train Station Parking Lot,” of Article II, entitled “Parking, Standing and Stopping,” of Chapter 400, entitled “Vehicles and Traffic,” of the Revised General Ordinances of the Borough of River Edge, is hereby amended to read in full as follows: §400-17.1 River Edge Road Train Station Parking Lot. A. The regulations established for parking at the River Edge Road Train Station Parking Lot are hereby modified to permit parking in the River Edge Road Train Station Parking Lot nonresidents for no greater than 15 spaces, subject to all requirements set forth in this section. B. Only motor vehicle registered in accordance with N.J.S.A. 39:3-4 et seq., and displaying a valid parking sticker issued by the Borough Clerk, may be parked in the River Edge Road Train Station Parking Lot. C. Parking regulations. (1) All vehicles are to be parked head in within the lined spaces designated for parking. (2) Parking in any area other than described in Subsection C(1) is prohibited. (3) The River Edge Police Department is authorized to prohibit parking whenever necessary for the public safety or when an emergent situation exists. (4) In addition to the penalties herein imposed, any vehicle parked in violation of this section may be towed away, at the owner's expenses. (5) Permits. The last date to submit applications for quarterly and yearly permits are as follows: (a) First quarter: December 16. (b) Second quarter: March 16. (c) Third quarter: June 16. (d) Fourth quarter: September 16. (e) Yearly: January 31. D. Enforcement. This section is to be enforced by the Police Department of the Borough of River Edge or any other person or persons designated by the Mayor and Council of the Borough of River Edge. E. Penalty. Violation of this section shall be considered a motor vehicle parking violation and shall be subject to the same penalties as those in effect for parking violations on the streets of the Borough of River Edge. F. Commuter parking permitted Monday through Friday, 5:00 a.m. to 7:00 p.m. Permits shall not be required to park in the River Edge Road Train Station Parking Lot on Saturdays and Sundays.  G. Application for permit(s) by owner(s) of a New Jersey registered vehicle(s) shall be restricted to one application per registered vehicle. Each applicant for a parking permit shall submit the parking fee with the application as established by the Borough of River Edge along with a copy of the driver’s license. Section 3. Any ordinances or parts thereof inconsistent herewith any are hereby repealed to the extent of such inconsistency. Section 4. In case any clause, sentence, section or other provision of this ordinance, or the application thereof to any person or circumstance, shall be adjudged by a court of competent jurisdiction to be invalid, such judgment shall not affect, impair or repeal the remainder of this ordinance except insofar as the clause, sentence, section or other provision so declared invalid shall be inseparable from the remainder thereof. Section 5. This Ordinance shall take effect immediately upon final passage and publication as required by law. INTRODUCED: ADOPTED: ___________________________________ Thomas Papaleo, Mayor ATTEST: _________________________________ Anne Dodd, RMC, CMR Borough Clerk/Assistant Borough Administrator  BOROUGH OF RIVER EDGE ORDINANCE #24-16 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, County of Bergen, State of New Jersey, as follows: Section 1. Subsection DD, entitled “River Edge Road commuter parking fees”, of Section 206-2 entitled “Schedule of fees,” of Chapter 206, entitled “Fees,” of the Revised General Ordinances of the Borough of River Edge is hereby amended to read in full as follows: DD. Commuter Parking Fees. (1) River Edge Road Train Station Commuter parking fees, parking of vehicles for River Edge residents: (a) Quarterly: $75 (b) Annually: $250 (2) River Edge Road Train Station Commuter parking fees, parking of vehicles for non-residents: (a) Quarterly: $150 (b) Annually: $475 (3) Grove Street Commuter Business parking fees, parking of vehicles for River Edge residents: (a) Quarterly: $75 (b) Annually: $250 (4) Hackensack Avenue Commuter parking fees, parking of vehicles for River Edge residents: (a) Quarterly: $75 (b) Annually: $250 Section 2. Any ordinances or parts thereof inconsistent herewith any are hereby repealed to the extent of such inconsistency. Section 3. In case any clause, sentence, section or other provision of this ordinance, or the application thereof to any person or circumstance, shall be adjudged by a court of competent jurisdiction to be invalid, such judgment shall not affect, impair or repeal the remainder of this ordinance except insofar as the clause, sentence, section or other provision so declared invalid shall be inseparable from the remainder thereof. Section 4. This Ordinance shall take effect immediately upon final passage and publication as required by law. INTRODUCED: ADOPTED: ___________________________________ Thomas Papaleo, Mayor ATTEST: _________________________________ Anne Dodd, RMC, CMR Borough Clerk/Assistant Borough Administrator  BOROUGH OF RIVER EDGE RESOLUTION #24-192 Authorize Renewal of ABC Liquor Licenses for 2024-2025 Whereas, all Plenary Retail Consumption, Retail Distribution, Limited Distribution and Club Licenses will expire on June 30, 2024; and, Whereas, the following applicants have complied with the provisions of the Act of the Legislature entitled, “An Act Concerning Alcoholic Beverages”, being Chapter 436 of the Laws of 1933, its supplements and amendments, and with the Rules and Regulations issued or to be promulgated by the State Commissioner of Alcoholic Beverage Control applicable. Now, Therefore, Be It Resolved by the Mayor and Council of the Borough of River Edge, County of Bergen, State of New Jersey that the Borough Clerk be and is hereby authorized to issue licenses to expire June 30, 2025, to the following: CLUB LICENSES - $50.00 LICENSE# LICENSEE LICENSED PREMISES 0252-31-008-001 Knights of Columbus 770 Kinderkamack Road The Columbian Club River Edge, NJ 07661 t/a River Edge Columbian Club PLENARY RETAIL CONSUMPTION LICENSES WITH BROAD C - $2,500.00 LICENSE# LICENSEE LICENSED PREMISES 0252-32-006-008 River Edge, Inc. 516 Kinderkamack Road t/a River Edge Diner & Restaurant River Edge, NJ 07661 PLENARY RETAIL DISTRIBUTION LICENSES - $2,500.00 LICENSE# LICENSEE LICENSED PREMISES 0252-44-002-012 Country Wine & Liquors, LLC 842 Kinderkamack Road 6402 Smith Avenue #2 River Edge, NJ 07661 North Bergen, NJ 07047 0252-44-003-005 Jay Kedar, LLC 504 Kinderkamack Road t/a River Edge Wines & Liquors River Edge, NJ 07661 0252-44-005-004 E G Holding Corp 1001 Main Street Store #303 t/a Total Wine and More River Edge, NJ 07661 6600 Rockledge Drive Bethesda, MD 20817