Mayor & Council

MINUTES Mayor and Council Regular Meeting September 9, 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 September 9, 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 the nation. Councilman Benson 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 Patrick Tobia, Esq. FOR DISCUSSION – Bergen County Historical Society Requests – Banner and Reduced Outside Duty Rate for Baron Oktoberfest Borough Administrator Aportela explained that the Bergen County Historical Society annually submits a request to place a banner on the corner of Main Street and Kinderkamack Road to advertise the Baron Oktoberfest event. She further explained that organization has also requested to waive the outside duty rate and, instead, charge the officer’s overtime rate. She noted that, if approved, Resolution #24-269 has been listed on the agenda to authorize the reduction in the outside duty rate. She commented that this request has also been annually granted. It was the consensus of the governing body that both requests be granted. APPROVAL OF MINUTES – On a motion by Councilwoman Kinsella, seconded by Councilwoman Malellari, with Councilwoman Montisano-Koen and Councilman Benson abstaining and all other members present voting in favor, that the Minutes of the Mayor and Council Regular Meeting of August 12, 2024 are hereby approved. As Andrew Kang was present, it was agreed to move Resolution #24-273 as the next item on the agenda. Resolution #24-273 Approve the Appointment of a Volunteer Firefighter Motion by Councilman Benson, second by Councilwoman Malellari, that Resolution #24-273 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 Mayor Papaleo administered the Oath of Office to Firefighter Kang. Robert Schlossberg, Fire Chief, thanked the governing body. He commented that the department is delighted to have Firefighter Kang join the ranks and thanked him for his service. Mayor Papaleo thanked Firefighter Kang for joining the department and the Fire Chief for leading an aggressive recruitment campaign. He commented that the governing body is so proud of the department. PUBLIC COMMENTS ON ANY ITEM ON THIS AGENDA – On motion by Council President Montisano-Koen, seconded by Councilman Benson, 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 Councilwoman Malellari, seconded by Councilman Benson, and all present voting in favor, to close public comments on any item on the agenda. APPOINTMENTS & PERSONNEL CHANGES – On motion by Councilwoman Malellari, seconded by Councilwoman Kinsella, and all members present voting in favor, to approve the following appointments and personnel changes: Approve the resignation of Matt Panchi, Part-time Police Dispatcher effective September 2, 2024 MONTHLY REPORTS – Mayor Papaleo advised that the following reports are on file in the Office of the Borough Clerk and available for review: Fire Prevention - August 19, 2024 Tax Collector Report - August 31, 2024 Library Board of Trustees - September 3, 2024 FIRST READING – ORDINANCES – Ordinance #24-22 Motion by Council President Montisano-Koen that the following ordinance be introduced and passed on first reading and setting September 23, 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 title of the ordinance into the record: ORDINANCE #24-22 – AN ORDINANCE AMENDING THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF RIVER EDGE, CHAPTER 122, “ANIMALS” Borough Administrator Aportela explained that this ordinance implements regulations for the proper disposal of pet waste which she noted is mandated under the stormwater regulations. 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 #24-19 – Ordinance #24-21 Mayor Papaleo read into the record: The following ordinances published herewith were first read by title only on August 12, 2024 and posted on the bulletin board of the municipal building: ORDINANCE #24-19 AN ORDINANCE AMENDING THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF RIVER EDGE, CHAPTER 435, “ADMINISTRATION” ORDINANCE #24-20 AN ORDINANCE AMENDING ORDINANCE NO. 24-10 ENTITLED “AN ORDINANCE AMENDING THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF RIVER EDGE, CHAPTER 384, ENTITLED “TREES” ORDINANCE #24-21 AN ORDINANCE TO AMEND CHAPTER 360 OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF RIVER EDGE, ENTITLED STORMWATER CONTROL. Public Comments on Ordinances #24-19 - #24-21 Motion by Councilwoman Malellari, second by Councilman Benson, and all members voting in favor, to open the floor to the public on Ordinance #24-19 through Ordinance #24-21. Borough Administrator Aportela explained that Ordinance #24-19 updates the Board of Health meeting schedule to four times per year and changes the reorganization meeting to February. With respect to Ordinance #24-20, she advised that the purpose is to update the tree regulations to have the Shade Tree Advisory Committee meet quarterly, update the planting process, establish a uniform tree removal permit fee, set the timeline for planting replacement trees, reduce the cost of a replacement tree to reflect actual costs, update the bond amount based on the tree size, update the review of bond application, and update the tree protection permit fee. With regard to Ordinance #24-21, she stated that the NJ DEP is requiring municipalities to replace their stormwater control ordinance to reflect amendments to the stormwater management rules. No one came forward. Motion by Councilman Glass, second by Councilwoman Montisano-Koen, to close the floor to the public on Ordinance #24-19 through Ordinance #24-21. Motion by Councilwoman Kinsella, second by Councilwoman Malellari, that Ordinance #24-19 through #24-21 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 (See Ordinance #24-19 to #24-21 attached and made a part hereof.) RESOLUTIONS - By Consent a. #24-267 Authorize Deputy Treasurer to Release Unclaimed Funds b. #24-268 Authorize Signatures to PNC Bank New Jersey – Municipal Court Accounts c. #24-269 Approval to Waive a Portion of the Police Outside Duty Rate for Bergen County Historical Society d. #24-270 Approve Refunds – Recreation Department e. #24-271 Authorize Tax Collector to Adjust 2024 Final Tax Bills Due to County Board Judgements f. #24-272 Approve Change Order #13 – Borough Hall Addition & Alterations g. #24-273 Approve the Appointment of a Volunteer Firefighter Pulled and approved previously h. #24-274 Confirm Endorsement of Community Development Projects i. #24-275 Establish Local Threshold for Requiring a Russia-Belarus Vendor Certification j. #24-276 Authorize Tax Collector to Refund 2024 1st and 2nd Quarter Tax Overpayments k. #24-277 Confirm Emergency Purchase – Main Distribution Panel and Current Transformer Cabinet Replacement l. #24-278 Approve the Hire of SLEO III m. #24-279 Resolution Urging Congress to Allow Expiration of the Deductibility Cap of State and Local Taxes (SALT) n. #24-280 Award Contract – Brookside Park Improvements Project o. #24-281 Authorize Assignment of Solid Waste Collection Services Agreement with Joseph Smentkowski to Affordable Cartage LLC Councilman Benson thanked the resident who turned over the unclaimed funds which are being released via Resolution #24-267. Motion by Councilman Benson, second by Councilwoman Kinsella, that the Consent Agenda be approved as amended. 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 ******** #24-282 Payment of Bills Councilwoman Kinsella read resolution #24-282 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 September 9, 2024. BE IT RESOLVED, that the Mayor and Council of the Borough of River Edge approve the following expenditures. CURRENT FUND $ 6,243,751.55 GENERAL CAPITAL FUND $ 631,067.66 ANIMAL CONTROL $ 435.80 TRUST OTHER $ 2,180.00 DEVELOPER’S ESCROW $ 8,615.00 RECREATION TRUST $ 9,009.98 Motion by Councilwoman Kinsella, second by Councilman Glass, that Resolution #24-282 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 – There was no New Business OLD BUSINESS – Sidewalk & Curb Replacement Councilman Glass questioned whether the replacement of sidewalks and curbs within the Borough is ADA-related. Borough Administrator Aportela confirmed that the curbs are related to ADA compliance and noted that the sidewalks relate to Borough property. She explained that these sidewalks were identified by the DPW Superintendent as needing to be replaced which also entails replacing the curbs. She advised that those streets will be repaved next year. Mayor Papaleo added that there is an obligation to keep sidewalks under the Borough’s jurisdiction safe. PSE&G Road Work Council President Montisano-Koen requested an update on the PSE&G road work that is taking place throughout the Borough. Mayor Papaleo advised that there will be a meeting tomorrow with PSE&G and expressed his hope to have updated information to post on the website and Facebook after the meeting. He noted that the Borough has limited jurisdiction over this work. Borough Administrator Aportela added that phase one of the high pressure gas line improvements is almost complete with just a few remaining connections that need to be turned off. She advised that the trenches have settled and it is hoped, weather permitting, that paving will take place in the beginning of October. She commented that it is anticipated to have a better timeline after the meeting takes place tomorrow. PUBLIC COMMENTS – Motion by Council President Montisano-Koen, second by Councilwoman Malellari, and all members present voting in favor, to open public comments. Rob Schuman, 374 Valley Road, inquired as to how school taxes are determined and whether there is a reduction for those who do not have children in the school. He also expressed concern regarding a comment that was made by a Police Officer when he reported a crime and inquired as to the training that officers receive. Motion by Councilman Glass, second by Councilman Benson, and all members present voting in favor, to close public comment. Mayor Papaleo advised that Mr. Schuman’s inquiry regarding school taxes should be directed to the Board of Education as the governing body only collects the taxes on their behalf. He expressed his belief that there is a tax freeze available to seniors. Borough Administrator Aportela confirmed that there is a senior freeze which applies to the entire tax bill. Borough Attorney Tobia added that the freeze applies to State taxes as well. Mayor Papaleo commented that the Borough taxes only constitute approximately 25% of the tax bill. He advised that there is very strict training in place for the Police Department as well as ethical review. He encouraged Mr. Schuman to contact Chief Walker to share his concerns. COUNCIL COMMENTS – Please see the attached letter regarding the Fire Department which Councilman Benson read into the record. Mayor Papaleo thanked all the volunteers as well as Borough employees for the great work they have done for the Borough. ADJOURNMENT – There being no further business to come before the Mayor and Council, on a motion by Council President Montisano-Koen, second by Councilman Benson, and unanimously carried, to adjourn this meeting. The meeting was adjourned at 7:34 p.m. Respectfully submitted, Anne Dodd, RMC Borough Clerk  BOROUGH OF RIVER EDGE ORDINANCE #24-22 AN ORDINANCE AMENDING THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF RIVER EDGE, CHAPTER 122, “ANIMALS” 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. Article IV, entitled “Pet Waste” is hereby added as follows: ARTICLE IV - Pet Waste § 122-29 Purpose. The purpose of this section is to establish requirements for the proper disposal of pet solid waste in the Borough of River Edge, so as to protect public health, safety and welfare, and to prescribe penalties for failure to comply. § 122-30 Definitions. For the purpose of this section, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this section clearly demonstrates a different meaning. When not inconsistent 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 word "shall" is always mandatory and not merely directory. IMMEDIATE — Shall mean that the pet solid waste is removed at once, without delay. OWNER/KEEPER — Shall mean any person who shall possess, maintain, house or harbor any pet or otherwise have custody of any pet, whether or not the owner of such pet. PERSON — Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction. PET — Shall mean a domesticated animal (other than a disability assistance animal) kept for amusement or companionship. PET SOLID WASTE — Shall mean waste matter expelled from the bowels of the pet; excrement. PROPER DISPOSAL — Shall mean placement in a designated waste receptacle, or other suitable container, and discarded in a refuse container which is regularly emptied by the municipality or some other refuse collector; or disposal into a system designed to convey domestic sewage for proper treatment and disposal.  § 122-31 Requirement for Disposal. All pet owners and keepers are required to immediately and properly dispose of their pet's solid waste deposited on any property, public or private, not owned or possessed by that person. § 122-32 Exemptions. Any owner or keeper who requires the use of a disability assistance animal shall be exempt from the provisions of this section while such animal is being used for that purpose. § 122-33 Enforcement. The provisions of this section shall be enforced by the River Edge Police Department and the local Board of Health of the Borough of River Edge. § 122-34 Violations and Penalty. Any person(s) who is found to be in violation of the provisions of this section shall be subject to a fine not to exceed $2,000. 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