Mayor & Council

MINUTES Mayor and Council Regular Meeting July 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 July 8, 2024. The meeting was called to order at 7:00 p.m. by Mayor Papaleo. SILENT PRAYER – FLAG SALUTE Mayor Papaleo asked for a moment of silence for those who are on vacation in shark-filled waters and need to protect their children. Councilwoman Malellari 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, Council President Montisano-Koen, Councilwoman Kinsella, Councilwoman Malellari, Councilman Benson, Councilman Glass and Mayor Papaleo. ABSENT: None. ALSO PRESENT: Borough Administrator Lissette Aportela Borough Attorney John L. Shahdanian, Esq. APPROVAL OF MINUTES – On a motion by Councilwoman Kaufman, seconded by Councilwoman Kinsella, with Councilwoman Montisano-Koen and Councilman Glass abstaining and all other members present voting in favor, that the Minutes of the Mayor and Council Regular Meeting of June 24, 2024 are hereby approved. PRESENTATION – Borough Hall Exterior Presentation Robert Costa and Jeyson Flores of Costa Engineering were present. Mr. Costa reviewed the proposed plans for the front entrance to Borough Hall which he noted will meet ADA requirements to gain access to both buildings. He advised that walls will be required to make the grade changes work. He noted that 3 additional parking spaces will be added in the Police Department parking lot which will be milled and paved. He commented that two additional spaces can be accommodated if a tree is removed. It was questioned whether the Police Department has indicated that they need additional parking. The amount of green space versus what is currently there was also questioned. Questions regarding the façade on the Kinderkamack Road side of the building arose. Mr. Costa confirmed that the Police Department would like to have additional parking spaces. He further confirmed that there would be a little less green space in the new design. Borough Administrator Aportela advised that the Kinderkamack Road side is not being incorporated at this time and noted that ADA inconsistencies at the main entrance must be addressed due to the improvements that are taking place to the building. The possibility of the DPW handling the removal of trees was raised. It was confirmed that, provided a crane is not necessary, the DPW could handle this task. Borough Administrator Aportela is to confirm this information with the DPW Superintendent. It was decided that item #22 relating to 24 stone benches would be removed and the two additional parking spaces in the Police Department parking lot would be bid as an alternate to see how the prices come in. Mr. Costa explained the process going forward and advised that this work would most likely not take place until the spring. Updated plans will be presented to the governing body prior to going out to bid. 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. John Osmundsen, 163 manning Ave, inquired as to the location of the accessible parking in the proposed plans for the Borough Hall exterior and whether the path to the Police Department will be level. The area where the accessible parking will be located was identified. Mr. Costa advised that the area in front of Borough Hall and the Police Department will be relatively flat. Phyllis Angelo, Chair of the Historic Preservation Commission (HPC), 594 Elm Ave, advised that at the last HPC meeting, many members were upset that the commission was not consulted on the design of the exterior to Borough Hall as this building is designated as a landmark site. She explained the changes that the commission would like to be made to the design and asked that the governing body consider this request. On a motion by Council President Montisano-Koen, seconded by Councilman Glass, and all present voting in favor, to close public comments on any item on the agenda. Ms. Aportela is to email the Borough Architect with the HPC request to see whether it can be accommodated and is to copy the Mayor, Council President, and Council Liaison when sending this email. APPOINTMENTS & PERSONNEL CHANGES – On motion by Councilwoman Kinsella, seconded by Council President Montisano-Koen, and all members present voting in favor, to approve the following appointments and personnel changes as amended: Approve the appointment of Avani Dhariwal as the River Dell High School Representative to the Green Team for a one-year term through 6/30/25 MONTHLY REPORTS – Mayor Papaleo advised that the following reports are on file in the Office of the Borough Clerk and available for review:  Land Use Board - June 12, 2024 Board of Health - June 24, 2024 Tax Collector Report - June 30, 2024 SECOND READING & HEARING ON ORDINANCES Ordinance #24-14 Mayor Papaleo read into the record: The following ordinance published herewith was first read by title only on May 30, 2024 and posted on the bulletin board of the municipal building: Ordinance #24-14 – An Ordinance by the Borough of River Edge in the County of Bergen, New Jersey Amending and Supplementing the River Edge Borough Code, Chapter 350 Site Plan Review and Chapter 416 Zoning The following ordinances published herewith were first read by title only on June 24, 2024 and posted on the bulletin board of the municipal building: Ordinance #24-17 – An Ordinance Amending and Supplementing Section 400-17.2 of Chapter 400, “Vehicles and Traffic,” of the Revised General Ordinances of the Borough of River Edge, Respecting Parking Within the Grove Street Commercial Parking Lot Ordinance #24-18 – An Ordinance to Amend Chapter 206 of the Revised General Ordinances of the Borough of River Edge, Entitled Fees, as Amended by Ordinance No. 24-16, Respecting Parking Fees for the Grove Street Commercial Parking Lot Public Comments on Ordinances #24-14 & #24-17 – #24-18 Motion by Councilwoman Kaufman, second by Councilwoman Malellari, and all members voting in favor, to open the floor to the public on Ordinance #24-14. Borough Administrator Aportela explained that Ordinance #24-14 incorporates the recommendations of the Land Use Board and amends the Site Plan and Zoning Ordinances to revise definitions, update and clarify lot coverage, covered porch, corner lot, and accessory structure requirements, and to modify terminology for site plan review of retail food establishments. She explained that the purpose of Ordinance #24-17 is to allow for up to 3 parking spaces at the Grove Street Commercial Parking Lot for residential parking and #24-18 establishes the fee for this residential parking permit. No one came forward. Motion by Councilwoman Malellari, second by Councilman Benson, to close the floor to the public on Ordinance #24-14, #24-17 and #24-18. Motion by Councilwoman Malellari, second by Councilman Benson, that Ordinance #24-14 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: aye Councilman Benson: aye Councilwoman Kinsella: aye Councilman Glass: aye (See Ordinance #24-14 attached and made a part hereof.) Motion by Councilwoman Kaufman, second by Councilman Benson, that Ordinance #24-17 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: aye Councilman Benson: aye Councilwoman Kinsella: aye Councilman Glass: aye (See Ordinance #24-17 attached and made a part hereof.) Motion by Councilwoman Kinsella, second by Council President Montisano-Koen , that Ordinance #24-18 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: aye Councilman Benson: aye Councilwoman Kinsella: aye Councilman Glass: aye (See Ordinance #24-18 attached and made a part hereof.) RESOLUTIONS - By Consent Several members of the governing body questioned the cost of the asbestos removal being authorized by Resolution #24-221 as well as the work that was entailed in connection with the Change Order being authorized by Resolution #24-222. Borough Administrator Aportela explained the work that would be entailed with both Change Orders and noted that the cost for the asbestos removal is approximately 50% lower than the initial proposal. Councilman Glass and Councilwoman Kinsella indicated that they will be abstaining from Resolution #24-221. a. #24-221 Approve Change Order #11 – Borough Hall Addition & Alterations b. #24-222 Approve Change Order #12 – Borough Hall Addition & Alterations c. #24-223 Amend Contract – Architectural Services – Borough Hall Addition and Renovation – Arcari & Iovino Architects, PC d. #24-224 Authorize Purchase of Garbage Truck for the Department of Public Works e. #24-225 Approve Additional Engineering Services – 2024 ADA Ramp Improvement and Sidewalk Replacement Project f. #24-226 Authorize Purchase of Playground Equipment for Memorial Park g. #24-227 Approve Refunds – Recreation Department h. #24-228 Approve Refunds – Recreation Department i. #24-229 Resolution Permitting the Possession and Consumption of Alcoholic Beverages at a Block Party on The Fenway j. #24-230 Approve Refund – Shade Tree Bond k. #24-231 Approve Bond Forfeit – Shade Tree Bond l. #24-232 Authorize Tax Collector to Transfer 2024 Preliminary Tax Payments on a  Sub-Divided Property m. #24-233 Authorize Execution of Take Over Agreement – River Edge Police Department Roof Replacement Motion by Councilwoman Malellari, second by Councilwoman Kaufman, that the Consent Agenda be approved. The vote was recorded as follows: Councilwoman Kaufman: aye Councilwoman Malellari: aye Council President Montisano-Koen: aye Councilman Benson: aye Councilwoman Kinsella: aye, #24-221 abstain Councilman Glass: aye, #24-221 abstain ******** #24-234 Payment of Bills Councilwoman Kaufman read resolution #24-234 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 July 8, 2024. BE IT RESOLVED, that the Mayor and Council of the Borough of River Edge approve the following expenditures. CURRENT FUND $ 410,288.73 GENERAL CAPITAL FUND $ 973,964.48 GRANT FUND $ 1,268.45 ANIMAL CONTROL $ 1.20 TRUST OTHER $ 1,634.48 PAYROLL $ 21,176.24 DEVELOPER’S ESCROW $ 1,162.50 SELF INSURANCE TRUST $ 1,874.79 RECREATION TRUST $ 11,043.07 Motion by Councilwoman Kaufman, second by Councilwoman Kinsella, that Resolution #24-234 be approved. The vote was recorded as follows: Councilwoman Kaufman: aye Councilwoman Malellari: aye Council President Montisano-Koen: aye Councilman Benson: aye Councilwoman Kinsella: aye Councilman Glass: aye ******** NEW BUSINESS – Puppy Mill Proclamation Borough Administrator Aportela explained that a request to support legislation to prohibit pet shops from selling animals as puppy mills was received earlier this year and was forwarded to the Board of Health (BOH.) At their June meeting, she advised that the BOH adopted a proclamation in support of this pending legislation. She inquired whether the governing body wished to adopt a resolution in support of this bill. Borough Attorney Shahdanian added that this bill specifically prohibits the sale of cats, dogs or rabbits in pet shops which would essentially eliminate the sale of these animals in the State. It was the consensus of the governing body to list a resolution in support of this legislation on the August 12th agenda. Memorial Park Bathrooms Councilwoman Kaufman advised that members of the public have requested that the Memorial Park bathrooms be open additional hours during the summer. Borough Administrator explained that bathrooms are typically open during Borough-sponsored events, and when private events are held, a key is provided through the Police Department which must be returned at the end of the event. She noted that, in speaking with the DPW Superintendent, money has been set aside for programmable locks and an estimate is currently being sought. She noted that the janitorial aspect is also being addressed. Concerns regarding safety were raised. Borough Administrator Aportela is to request input from Chief Walker on this matter. It was also questioned whether the lock can be time sensitive and programmable each day. It was agreed to list this item under Old Business for further discussion once the requested information has been provided. Board of Health 2025 Meeting Dates Due to several conflicts with Mayor and Council meeting dates, Mayor Papaleo explained that the Board of Health would like to amend its meeting schedule to allow the Council Liaison to attend the meetings. Borough Administrator Aportela explained that, as the schedule is codified, an Ordinance will be required. It was agreed that this ordinance would be listed on the August 12th agenda for consideration. OLD BUSINESS – There was no Old Business. PUBLIC COMMENTS – Motion by Councilwoman Malellari, second by Councilwoman Kinsella, and all members present voting in favor, to open public comments. No one came forward. Motion by Councilwoman Kinsella, second by Councilman Benson, and all members present voting in favor, to close public comment. COUNCIL COMMENTS – Councilwoman Malellari announced that the Environmental Protection Commission will be having a Paddle Day in River Edge tomorrow in conjunction with the Hackensack Riverkeeper with a session at 10:30 a.m. and another at 12:30 p.m. Councilwoman Kinsella thanked both the DPW and Recreation Commission for a great 4th of July Celebration. ADJOURNMENT – There being no further business to come before the Mayor and Council, on a motion by Councilwoman Kaufman, second by Councilwoman Malellari, and unanimously carried, to adjourn this meeting. The meeting was adjourned at 8:21 p.m. Respectfully submitted, Anne Dodd, RMC Borough Clerk  EXHIBIT A to Ord. No. 24-14 ZONING Schedule of Zoning District Area, Bulk and Yard Requirements Borough of River Edge, New Jersey Minimum Area Minimum Yard Requirements Maximum Bulk Requirements Requirements (Setbacks) **Yard Lot Principal Principal {Lot} Side Side Lot Lot {Improved} Amenities, Front Rear Zoning Area Building Building **Building** Yard – Yard Use Width Depth Lot Coverage Lot Coverage – Yard Yard District (Square Height Height Coverage One – Both (Feet) (Feet) (Percent) Reserved2 (Feet) (Feet) Feet) (Feet) (Stories) (Percent) (Feet) (Feet) (Percent) ** R-1 Single-family 7,500 75 100 30 2.5 25 35 **5** 30 7.5 18 25 R-2 Single-family 7,500 75 100 30 2.5 25 35 **5** 30 7.5 18 25 Two-family 12,000 80 100 30 2.5 25 35 **5** 30 10 25 25 R-3 Single-family 7,500 75 100 30 2.5 25 35 **5** 30 7.5 18 25 Two-family 12,000 80 100 30 2.5 25 35 **5** 30 10 25 25 Garden 35 **5** Apartments 70,000 200 230 30 2.5 25 30 15 30 30 PRD-1 Single-family 7,500 75 100 35 2.5 25 35 **5** 30 7.5 18 25 Single-family **5** Cluster 5,000 50 -- 35 2.5 30 {10}**35** 20 5 15 20 Townhouse **5** Cluster 3,500 25 -- 35 2.5 30 50 15 1 1 20 C-1 Retail 10,000 100 100 35 2.5 40 80 30 15 35 20 Office 15,000 150 100 35 2.5 40 80 30 15 35 20 C-2 Retail 10,000 100 100 35 2.5 40 80 30 15 35 20 Office 15,000 150 100 35 2.5 40 80 30 15 35 20 Office-FAR 10,000 See § 416-18 NOTES: 1 None required, but, where provided, a minimum of 15 feet; except that, where abutting a street, a minimum of 20 feet. **2 This reserve shall not be interpreted to provide an additional five (5%) percent of lot coverage, but shall be included in the total calculation of maximum permitted lot coverage. See § 416-15.** {416:A7}**Chapter 416: Attachment 3** {03-01-2010}**Rev. __-__-2024  BOROUGH OF RIVER EDGE RESOLUTION #24-230 Approve Refund - Shade Tree Bond WHEREAS, the below construction bond had been posted for shade trees adjacent to the property listed below; and WHEREAS, DPW Superintendent Jason Milito performed an inspection at this site and has recommended that said bond be returned to the applicant. NOW, THEREFORE BE IT RESOLVED, by the Mayor and Council of the Borough of River Edge, County of Bergen, that the refund listed below is hereby approved; and 06/07/2022 275 Concord Drive Sariyan $4,460.79 75 Concord Drive River Ed e, NJ 07661 BE IT FURTHER RESOLVED, that a copy of this resolution be forwarded to the Finance Department, Depai1ment of Public Works and Building Depai1ment. July 8, 2024 Motion Second Yes No Abstain Absent Kaufman X X Montisano-Koen X Kinsella X Malellari X X Benson X Glass X Mavor Paoaleo 1 I hereby ce11ify that this resolution, consisting of l page(s), was adopted at a meeting of the Mayor and Council of the Borough of River Edge, held on this 8th day of June. 2024.  Certification of Availability of Funds NJAC 5:30-5 Date: July 8, 2024 For Resolution #R24-233 To: Mayor and Council I hereby certify to the availability of public funds for the following specific purpose: Purpose: Authorize issuance of purchase order for the River Edge Police Department Roof Replacement be issued to First Indemnity of America Insurance Company located at 2740 State Route 10, Suite 205 in Morris Plains, NJ 07950 for the balance of the completion of this project in the amount of $111,739.20 as stipulated in the Take Over Agreement. Line Item (or Ordinance) to be Charged: C-04-22-016-040 - $111,739.20 _______________________________ Chris Battaglia, CFO