Mayor & Council

MINUTES Mayor and Council Regular Meeting February 13, 2025 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 February 13, 2025. 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 everyone throughout the United States, especially those in California who have faced so many natural disasters and more to come. Councilman Glass 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 6, 2025 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. ROLL CALL PRESENT: Councilwoman Malellari, Councilman Benson, Councilman Glass, Councilwoman Dhariwal, and Mayor Papaleo ABSENT: Council President Montisano-Koen and Councilwoman Kinsella ALSO PRESENT: Borough Administrator Lissette Aportela Borough Attorney John L. Shahdanian, Esq. APPROVAL OF MINUTES – On a motion by Councilman Glass, seconded by Councilman Benson, and all other members present voting in favor, that the Minutes of the Mayor and Council Regular and Closed Session Meeting of January 23, 2025 are hereby approved. PROCLAMATIONS & AWARDS – Mary Donahue Proclamation Mayor Papaleo announced that Mary Donahue is going to be turning 100 years old tomorrow and commented on how much she has done for River Edge, Bergen County and the State. He stated that Ms. Donahue has been a trailblazer in so many ways. He then read the following proclamation into the record: PROCLAMATION  WHEREAS, Mary Donohue has been a resident of River Edge since 1952 where she and her husband Gerard raised their eight children. They were part of the founding parishioners of St. Peter’s Church; and WHEREAS, Mary has been blessed with 17 grandchildren and 27 great grandchildren; and WHEREAS, Mary will attain the age of 100 on February 14, 2025; and WHEREAS, Mary’s many accomplishments include being an elementary school teacher, elected the first Councilwoman in River Edge in 1983, County Committee Member for 50+ years, Member of the Democratic National Committee and Chair of the National Hispanic Caucus; and WHEREAS, Mary was a founding member of the River Edge Democratic Club, a longtime parishioner, and Elementary School and CCD Teacher at St. Peter’s and long standing member of the River Edge Historic Commission and the Historic New Bridge Landing Park Commission. She also dedicated 26 years as the Head of the Language Department at Paramus Catholic High School; and WHREAS, Mary has served the River Edge community with the highest degree of integrity and professionalism and is an enduring example for all citizens. WHEREAS, the Mayor and Council of the Borough of River Edge desires to express its appreciation and recognize you on this date. NOW, THEREFORE, BE IT RESOLVED that I, Thomas Papaleo, as Mayor of River Edge, am proud to issue this proclamation to Mary Donohue to honor her at such an important milestone in her life and join with her family and friends and wish her happiness and continued good health. Ms. Donahue advised that, when she first moved to River Edge, the Library consisted of two shelves in a Police Department bookcase. She expressed her opinion that the Library is the heart of the community and she is very proud to have been in service to the Library. She thanked the governing body for this evening. A member of the audience commented that Ms. Donahue is an exceptional person who has lived a good and true life, exhibiting devotion to her family and the community. Another audience member noted that some information was omitted from the proclamation. Mayor Papaleo advised that the proclamation would be corrected and he would deliver it to her house once it is ready. PRESENTATIONS – Reassessment Update James Anzevino, Tax Assessor and Mayor of South Hackensack, explained that the reassessment is at the stage where letters will be sent to inform every property owner of their new assessment and what their estimated taxes will be based on the 2024 budget. He noted that he is looking to mail these letters tomorrow and strongly encouraged every resident to contact Appraisal Systems after receiving this letter to go over the tax record with them. He advised that they were only able to gain access to 75% of the homes which he noted is low. He stated that the current tax rate is 3.965, and after the reassessment, this rate has been reduced to 2.31. He reviewed the impact on the residents, noting that 57% will receive a reduction in property taxes. He explained the reasons that someone may have received an increase in taxes as well as the process moving forward, noting that changes can be made through an assessor’s correction until May 1st which he believes will result in a reduction in the number of people receiving an increase. Questions arose as to how the new assessments were determined. Mr. Anzevino explained these numbers were calculated. It was noted that the paperwork indicates that there is a farm in the Borough. Mr. Anzevino is to confirm whether that information is correct. It was decided that Mr. Anzevino is to attend a future meeting to discuss this topic again and the date is to be coordinated by the Borough Administrator. NV5 Borough Administrator Aportela introduced Rachel Lipala, Director of Architecture, Seema Chandane, Project Manager, and Will Garro, Civil Engineer, all representatives from the firm NV5. She explained that rebuilding the salt shed and mechanic’s bay and possibly the DPW building are being explored. Ms. Lipala reviewed NV5’s qualifications packet and advised that this company has been in business for 50 years and has multiple offices throughout the country. She then spoke to similar projects that they have completed. DPW Superintendent Milito advised that they are looking to increase the capacity of the salt shed from 500 tons to 1,000 tons. He explained that the salt shed is in need of replacement and stated that he began the process last year of finding a professional who is qualified to take on this project. He noted that he tried to look at how the space can be maximized and brought to today’s standards. He commented that he visited 7 locations to learn who completed the project and whether it came in on time and on budget and the one name that consistently met these expectations was NV5. He advised that meetings have taken place with NV5 and Robert Costa who will be the Site Engineer. He noted that the building is in a flood zone which will require a lot of permitting and approvals and may limit the size of the structure. Ms. Lipala stated that 75% to 80% of their projects come in with less than 10 change orders and that the same team would be utilized throughout the design and construction phases. Questions arose as to ownership and which roles would be filled by subcontractors. It was also questioned whether the structures would need to be on piles and if environmental investigation will be necessary. Ms. Lipala explained that, although they do have in-house geotechnical and structural engineers, they thought it was best to use local geotechnical engineers. As the experience of the in-house structural engineers pertains mostly to bridge construction, she advised that they use a subcontractor with whom they have worked for 40 years. She confirmed that piles are an option but would be more expensive and that environmental investigation would be necessary. DPW Superintendent Milito advised that he would like the governing body to decide whether they would like to appoint NV5 to handle this project. He noted that this appointment would not take place until the budget has been adopted. Dais Reconstruction Mayor Papaleo explained that it is planned to either reconstruct or refurbish the dais in July when there is only one Mayor and Council meeting. As the Land Use Board uses the dais and has 16 people attend their meetings between members and professionals, he noted that they are looking to increase the seating. DPW Superintendent Milito advised that the dais will have to remain a u-shape. He explained that it is planned to extend the side where the Borough Clerk sits 6 feet, and on the opposite side, it can either be left as it is now or extended 3 or 6 feet. As a ramp is required to make the room ADA compliant, he recommended that the dais be extended 3 feet on the Tenney Avenue side to limit the number of seats that are impacted. He advised that the dais can either be refurbished for $15,000 to $20,000 or built new for $36,000. It was the consensus of the governing body that the dais be rebuilt rather than refurbished. Although it was agreed that the Tenney Avenue side of the dais is to be extended, the amount of the extension will be revisited at a future date. Borough Administrator Aportela questioned where the televisions should be placed in Council Chambers. It was agreed that one large television be placed behind the dais and one on the opposite wall behind the audience. Since the building will not be reopened when the budget meetings take place this year, Mayor Papaleo inquired whether those meetings can be held virtually. If it must be an in-person meeting, it was also questioned whether Department Heads can attend virtually. Borough Attorney Shahdanian is to look into whether the budget meetings can be held virtually and report back. He confirmed that only members of the governing body would be required to attend in person. PUBLIC COMMENTS ON ANY ITEM ON THIS AGENDA – On motion by Councilman Glass, 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 Councilman Glass, seconded by Councilman Benson, and all present voting in favor, to close public comments on any item on the agenda. 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 - January 8, 2025 Tax Collector - January 31, 2025 Environmental Protection Commission & - January 21, 2025 Green Team Environmental Protection Commission & - November 19, 2024 Green Team Historic Commission - November 19, 2024 Library Board - February 4, 2025 FIRST READING – ORDINANCES – Ordinance #25-04 – #25-06 Motion by Councilwoman Malellari that the following ordinances be introduced and passed on first reading and setting February 27, 2025 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 ordinances into the record: ORDINANCE #25-04 - AN ORDINANCE TO AMEND CHAPTER 206 OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF RIVER EDGE, ENTITLED FEES. ORDINANCE #25-05 - AN ORDINANCE AMENDING THE CODE OF THE BOROUGH OF RIVER EDGE, TO ESTABLISH CHAPTER 309 ENTITLED, “PUBLIC BUILDINGS” ORDINANCE #25-06 - AN ORDINANCE AMENDING THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF RIVER EDGE, CHAPTER 79, ENTITLED ‘DEPARTMENT OF RECREAITON AND CULTURAL AFFAIRS” Borough Administrator Aportela explained that the purpose of Ordinance #25-04 is to increase the legal escrows for zoning applications. She noted that the amount was reviewed and recommended by the Land Use Board. Ordinance #25-05 establishes areas of restricted access within municipal buildings throughout the Borough to protect vital records and is an action that has been recommended by the Joint Insurance Fund. With respect to Ordinance #25-06, she explained that the purpose is to reorganize the Department of Recreation and Cultural Affairs as solely the Department of Recreation, abolish the Cultural Affairs Committee, and rename the Recreation Commission to the Recreation Committee to be consistent with the authorized duties of the volunteers. The vote was recorded as follows: Council President Montisano-Koen: absent Councilman Benson: aye Councilwoman Kinsella: absent Councilman Glass: aye Councilwoman Malellari: aye Councilwoman Dhariwal: aye, #25-06 recuse (See Ordinance #25-04 – #25-06 attached and made a part hereof.) SECOND READING & HEARING ON ORDINANCES Ordinance #25-02 & #25-03 Mayor Papaleo read into the record: The following ordinances published herewith were first read by title only on January 23, 2025 and posted on a bulletin board outside of the Clerk’s office. ORDINANCE #25-02 - AN ORDINANCE AMENDING CHAPTER 201 OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF RIVER EDGE, ENTITLED, “ESCROW DEPOSITS” ORDINANCE #25-03 - AN ORDINANCE TO AMEND CHAPTER 206 OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF RIVER EDGE, ENTITLED FEES. Public Comments on Ordinances #25-02 & #25-03 Motion by Councilwoman Malellari, second by Councilman Glass, and all members voting in favor, to open the floor to the public on Ordinance #25-02 and #25-03. No one came forward. Motion by Councilwoman Malellari, second by Councilman Benson, to close the floor to the public on Ordinance #25-02 and #25-03. Motion by Councilman Glass, second by Councilman Benson, that Ordinance #25-02 be passed on second and final reading and is hereby adopted and notice of same shall be published according to law. Borough Administrator Aportela explained that the purpose of Ordinance #25-02 is to update the various escrow deposits within Chapter 201 to be consistent with Chapter 206 Fees. On a roll call, the vote was recorded as follows: Council President Montisano-Koen: absent Councilman Benson: aye Councilwoman Kinsella: absent Councilman Glass: aye Councilwoman Malellari: aye Councilwoman Dhariwal: aye Councilwoman Dhariwal recused herself from this vote and left the dais. Motion by Councilman Glass, second by Councilman Benson, that Ordinance #25-03 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: Council President Montisano-Koen: absent Councilman Benson: aye Councilwoman Kinsella: absent Councilman Glass: aye Councilwoman Malellari: aye Councilwoman Dhariwal: recuse Councilwoman Dhariwal returned to the dais. RESOLUTIONS - By Consent Mayor Papaleo announced that Resolution #25-76 is being amended to appoint Josh Reinitz, Esq. to the position of Alternate Public Defender. a. #25-74 Approve LOSAP Certification List – River Edge Fire Department b. #25-75 Establish Affordable Housing Committee c. #25-76 Appoint Alternate Public Defender d. #25-77 Authorize Addition of Borough Account at PNC Bank – Affordable Housing Trust Account e. #25-78 Authorize Receipt of Bids – Cleaning Services for the Borough of River Edge f. #25-79 Resolution to Support Publishing Legal Notices on Official Government Websites g. #25-80 Authorizing a Developer’s Agreement with Quality Home Developers, LLC for the Development of 312 Webb Avenue and Directing Execution  of the Developer’s Agreement h. #25-81 Approve Change Order #18 – Borough Hall Addition & Alterations i. #25-82 Approve LOSAP Certification List – River Edge Volunteer Ambulance Service Motion by Councilman Glass, second by Councilwoman Malellari, that the Consent Agenda be approved as amended. The vote was recorded as follows: Council President Montisano-Koen: absent Councilman Benson: aye Councilwoman Kinsella: absent Councilman Glass: aye Councilwoman Malellari: aye Councilwoman Dhariwal: aye ******** #25-83 Payment of Bills Councilman Glass read resolution #22-82 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 February 13, 2025. BE IT RESOLVED, that the Mayor and Council of the Borough of River Edge approve the following expenditures. CURRENT FUND $ 8,088,886.05 GENERAL CAPITAL FUND $ 423,999.38 GRANT FUND $ 110,801.25 ANIMAL CONTROL $ 186.00 TRUST OTHER $ 25,794.93 OPEN SPACE $ 6,678.39 PAYROLL $ 19,261.16 DEVELOPER’S ESCROW $ 2,277.50 RECREATION TRUST $ 14,340.00 Motion by Councilman Glass, second by Councilwoman Malellari, that Resolution #25-82 be approved. The was recorded as follows: Council President Montisano-Koen: absent Councilman Benson: aye Councilwoman Kinsella: absent Councilman Glass: aye Councilwoman Malellari: aye Councilwoman Dhariwal: aye* Councilwoman Dhariwal abstained from check #65600, #65622, #65631, #65645, #65653, #65662, #65722, #65725, #65735, #207, #4363, #4358, #4364, #4377, #4378, #2940, #2942, #1740, and #6001. ******** NEW BUSINESS – There was no New Business. OLD BUSINESS – Meeting Format for Non-Statutory Bodies It was agreed that non-statutory boards be advised that they are to remain remote once the building reopens. Borough Attorney Shahdanian advised that committees do not need to have a quorum in order to meet as they do not need to comply with the Open Public Meetings Act and only have the power to make recommendations to the governing body. PUBLIC COMMENTS – Motion Councilman Glass, second by Councilman Benson, and all members present voting in favor, to open public comments. No one came forward. Motion by Councilwoman Dhariwal, second by Councilman Benson, and all members present voting in favor, to close public comment. COUNCIL COMMENTS – Mayor Papaleo reported that the Fire Department assisted Bogota on Saturday with a fire that caused 27 people to lose their homes. They also responded to an electrical fire which shut down Kinderkamack Road. He expressed that the governing body is grateful to them, noting that the Police Department works hand in hand with them. 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 8:29 p.m. Respectfully submitted, Anne Dodd, RMC Borough Clerk  BOROUGH OF RIVER EDGE ORDINANCE #25-04 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 that the following amendments to Section 206-2 entitled “Schedule of Fees” are hereby approved: Section 1. Subsection EE, entitled “Miscellaneous Fees” shall be amended by the following: Delete: Legal Escrow $450 Add: Legal Escrow $900 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, Borough Clerk/Assistant Administrator  BOROUGH OF RIVER EDGE ORDINANCE NO.25-05 AN ORDINANCE AMENDING THE CODE OF THE BOROUGH OF RIVER EDGE, TO ESTABLISH CHAPTER 309 ENTITLED, “PUBLIC BUILDINGS” WHEREAS, the Borough of River Edge recognizes the importance of the rights guaranteed under the First Amendment of the United States Constitution and Article I Section 6 of the New Jersey Constitution; and WHEREAS, the Borough of River Edge acknowledges that as a matter of public policy, the rights afforded by the First Amendment of the United States Constitution and Article I Section 6 of the New Jersey Constitution are not unlimited; and WHEREAS, the rights afforded by the First Amendment of the United States Constitution and Article I Section 6 of the New Jersey Constitution are subject to reasonable time, place, and manner restrictions; and WHEREAS, the Borough of River Edge officials and employees have a responsibility to maintain and safeguard public buildings and public records that consist of confidential information contained therein; and WHEREAS, to adequately comply with the New Jersey Open Public Records Act, N.J.S.A. 47:1A-1, and to comply with the statutorily defined responsibilities, the maintenance and custody of specific records are required; and WHEREAS, municipal officials assigned this responsibility include, but are not limited to; the Municipal Clerk, the Police Chief, the Library Director, the Chief Financial Officer, the Tax Collector, the Municipal Court Clerk, the Municipal Prosecutor, the Municipal Public Defender, the Municipal Court Judge, the Tax Assessor, the Construction Code Officer, the Board of Health Secretary, the Registrar and the Borough Administrator; and WHEREAS, the responsibility for the maintenance and safeguarding of records, reports, documents and information in municipal offices may not be available for immediate public view since they may contain personal information, phone numbers, social security numbers, dates of birth and other confidential information; and WHEREAS, securing these records maintains the integrity of this information and when an Open Public Records Act request is received, and it is determined that a requestor is entitled to the records, the records can be released individually and redacted as required by law; and WHEREAS, it is not expected that municipal employees physically intervene to protect a record, and creating secure areas with clear signage will help deter persons from collecting records which they are not entitled to receive without following the process required by the Open Public Records Act. NOW, THEREFORE, 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: The Code of the Borough of River Edge is hereby amended to add thereto Chapter 309, entitled “Public Buildings” to read as follows: Chapter 309. Public Buildings. § 309-1. Restricted access. Municipal office areas in the Borough of River Edge Police Department, 705 Kinderkamack Road, the River Edge Municipal Building, 705 Kinderkamack Road, the Department of Public Works, 500 Riverside Way, River Edge Public Library, 685 Elm Avenue, the River Edge Fire Department located at 695 Kinderkamack Road and 55 Ackerson Street, the River Edge Building Department located at 10 River Edge Road, and the River Edge Health Department located at 10 River Edge Road have been secured and such areas and offices are not open to the public for the purpose of protecting documents, digital data and other written, copied or printed materials that are not subject to the Open Public Records Act, which may include, but are not limited to, personally identifiable information that is protected by the Statutes of the State of New Jersey and the Federal laws of the United States. § 309-2. Posting of signs. The Borough of River Edge shall be required to post signs outside of offices which read, “Stop, Restricted Area, Authorized Employees Only. This Area is Not a Public Space. Recording or Photography is Strictly Prohibited. Violators are Subject to Criminal Prosecution” or in areas where the public interfaces with the staff and information that is protected under the Open Public Records Act are being discussed, submitted or reviewed shall post signs that state “Stop, Restricted Area. Recording or Photography is Strictly Prohibited. Violators are Subject to Criminal Prosecution”. § 309-3. Trespass. Persons that trespass these posted, protected offices may be subject to prosecution under N.J.S.A. 2C-18-3. SECTION 2. Inconsistency. All ordinances, or parts thereof, inconsistent herewith, are hereby repealed to the extent of such inconsistency. SECTION 3. Severability. If any sentence, section, clause or other portion of this ordinance, or the application thereof to any person or circumstance, shall be adjudged by a court of competent jurisdiction to be invalid or unconstitutional, such judgment shall not affect, impair or repeal the remainder of this ordinance. SECTION 4. Effective date. This ordinance shall take effect after publication thereof and final passage as required by law. Ordinance Introduction: Ordinance Adopted: ATTEST: _______________________ Thomas Papaleo, Mayor _____________________ Anne Dodd, Municipal Clerk  BOROUGH OF RIVER EDGE ORDINANCE NO. 25-06 AN ORDINANCE AMENDING THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF RIVER EDGE, CHAPTER 79, ENTITLED ‘DEPARTMENT OF RECREAITON AND CULTURAL AFFAIRS” 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 79 entitled “Department of Recreation and Cultural Affairs” shall be renamed “Department of Recreation” and replaced in its entirety by the following: § 79-1 Establishment. There is hereby established in and for the Borough of River Edge a Department of Recreation (the "Department") to maintain, promote, operate and facilitate the use of Borough-owned or -leased park, playgrounds and recreational facilities. The Department shall design, provide, coordinate, and administer existing and new recreation and cultural programs with the advice of the Recreation Committee. § 79-2 Powers and duties of Department. Powers and duties of the Recreation Department are as follows: A. Administer, operate, and have jurisdiction over the use of municipal parks, playgrounds and playfields, facilities for indoor and outdoor sports, and recreational programs. B. Develop and administer recreational programs and related activities; regular and special public events in cooperation with other public and private agencies and organizations or as advised by the Recreation Committee or at the direction of the governing body. C. Maintenance and repairs; trees and shrubbery. (1) Maintain and repair the playfields, playgrounds and recreational areas, the exception being the regulation, planting and care of shade and ornamental trees and shrubbery now located, or which may hereafter be planted, including trimming, spraying, care and protection thereof is subject to the requirements of Chapter 384. (2) No tree or shrubbery shall be planted in or removed from any Borough park, playground, recreational area, or other area under the jurisdiction of the Borough or Department without the consent of the Director and Superintendent of Public Works or designee.  (3) The Department of Public Works Superintendent, or his designee, may direct the removal of a tree, or part thereof, if the Superintendent or designee determines that there is an imminent danger to public safety. D. Enforce Borough ordinances, rules, regulations and policies pertaining to the use of recreational facilities and programs. E. Authority to establish, charge and collect a reasonable fee for use of the Borough's recreational facilities and programs or activities subject to approval of the Mayor and Council. F. Authority to solicit sponsorships and accept donations in strict accordance with Borough standards, procedures and applicable statutes. G. Determine, in consultation with other Borough departments, the scope, description, manpower and materials costs necessary for the proper maintenance of the Borough's parks, playgrounds, playfields and other facilities. The Department of Public Works shall have the authority to determine the schedule and assignment of manpower for any work conducted to assist the Department. H. Provide advisory opinions to the governing body and Borough departments. § 79-3 Director of Recreation The office of Director of Recreation ("Director") is hereby created. A. The Director shall serve as department head and be responsible for the overall efficient administration, maintenance, direction and development of the Department. The Director may recommend that the Mayor and Council create subordinate offices and positions that may be necessary and if such funds are appropriated. B. Subject to the general oversight by the Mayor and Council, the Director shall be supervised by the Borough Administrator and operate the Department under the auspices of same. Compensation shall be in accordance with policies and procedures for all noncontractual personnel. C. Director. (1) The Director shall serve at the pleasure of the Mayor and Council. Compensation shall be in accordance with policies and procedures for all noncontractual personnel. (2) Prior to appointment, the Director shall be qualified by training and experience in the field of public recreation. The Director shall be a member of the National Recreation and Park Association (NRPA). D. The Director shall collaborate with the Recreation Committee and shall seek the advice and consent of the Mayor and Council as may be required in this chapter. § 79-4 Powers and duties of Director. Powers and duties of the Director of Recreation are as follows: A. Administer, plan, supervise, inspect and conduct programs and activities of the Borough's public playgrounds, athletic fields, recreation facilities, regular and special public events, in consultation and cooperation with other public and private agencies and organizations if necessary and/or as recommended by the Recreation Committee or at the direction of the governing body. B. Manage, inspect and maintain all recreational facilities, recreational equipment and services for any properties owned, leased or controlled by the Borough. C. Develop routine maintenance needs for all playfields, playgrounds and other recreational areas; and a schedule thereof. D. Work with the Superintendent of Public Works to determine the scope of work that is to be conducted by the Department of Public Works and personnel and manpower; materials or outside services and required schedule of tasks. The Director must request sufficient funding in the Recreation Department's budget to ensure adequate operating funds are available. E. Supervise and manage any subordinate offices or positions employed under the auspices of the Department. F. Develop, implement and oversee a master schedule, in consideration of advice of the Recreation Committee, to apportion available time for use of Borough recreational facilities, parks or other Borough properties, including leased property or property subject to an interlocal agreement with the River Edge Board of Education, RiverDell Board of Education or other entity. G. Determine specific criteria, in consideration of advice of the Recreation Committee, to which sports organizations are deemed as being under the auspices of the Department. H. Expend departmental funds in accordance with budget appropriations and ordinances. I. With the advice of the Recreation Committee, arrange and provide for the concerts, games and contests, and may use and employ such playgrounds or recreation places for the purpose of giving thereon games and contests to provide the funds, in whole or in part, necessary to improve, maintain and police the playgrounds or recreation places under the Department's control. J. Authority to charge and collect a reasonable admission fee for each person entering such playground or recreation place as a spectator during the time or times when the same is being used or employed for such purposes. K. Authority to charge and collect a reasonable service charge from persons using, as participants, special areas and facilities, which require special maintenance and the use of which is restricted to relatively few people, in order to assist in the meeting of the operating costs thereof in whole or in part. L. Pay over all moneys received by the Department to the Chief Financial Officer. These monies will be kept in a dedicated fund used only for the purpose of defraying the expenses of improving, maintaining or policing the playground and recreation places. In order to expend the funding for any of these purposes, the Director, subject to approval of the Mayor and Council, may expend funds from the dedicated account. Any such funds authorized shall be expended in accordance with applicable state and local rules and regulations for public purchasing. M. Recommend and request allocations of available monies that may be available through the Borough's open space tax, for the term if and when authorized from the Mayor and Council. N. Recommend the collection fees and/or other admission or entry charges for registration, enrollment or admission to the recreation programs and activities of the Borough. O. Prepare and submit a proposed operating and capital budget annually to the governing body. The budget may include recommended salary budgets for the proper and efficient operation of the Department for each calendar year. P. Request appropriations for professional services and vendors. Any ongoing maintenance contracts must also be included. Q. Prepare proposals for additional personnel. Said proposals shall include a job description, rationale, recommended work hours and recommended compensation for the position(s) sought to the Borough Administrator. The employment request will be subject to the Borough's personnel hiring procedure. R. Prepare a five-year capital improvement plan identifying replacement or upgrades to existing outdoor/recreation areas/facilities and/or purchase of new equipment and respective estimated costs. S. Investigate and report on any recreational grant opportunities from private, nonprofit and/or public sources and prepare applications regarding same. T. Apply for and maintain membership in the New Jersey Recreation and Parks Association. U. Develop and disseminate promotional materials and inform residents of all available programs and events. V. Recommend and screen all potential program directors, league directors and coaches for review by the Recreation Committee. W. Prepare the agenda, minutes and, unless excused for cause, attend all meetings of the Recreation Committee. X. Establish rules and regulations applicable in the programming and use of parks and recreational facilities with the advice of the Recreation Committee; subject to the approval of the Mayor and Council. Y. Ensure all programs and volunteers are in compliance with background checks, credential programs and required training. Z. Attend meetings of the governing body from time to time to provide periodic reports regarding the activities of the Department or upon request. AA. Prepare and submit an annual report to the Mayor and Council in accordance with § 79-7. BB. Any other duty as directed by the governing body. § 79-5 Assistant to the Director of Recreation A. Subject to the general oversight by the Borough Administrator, the Assistant to the Director (“Assistant”) shall be supervised by the Director. Compensation shall be in accordance with policies and procedures for all noncontractual personnel. B. Appointment of the Assistant to the Director. The Assistant shall be appointed by the Mayor with the advice and consent of the Council. Prior to appointment, the Assistant shall be qualified by training and experience in the field of creative arts, fine arts, music, dance, theater, art education, hospitality or event planning. C. Assesses community needs for cultural programs; plans, organizes, schedules and implements cultural programs and events, in consultation and cooperation with other public and private agencies and organizations if necessary and/or as advised by the governing body. D. Assist with the coordination of the Farmers Market. E. Coordinate with the Director in the development and dissemination of promotional materials and inform residents of all available recreation and cultural programs. F. Develop, implement and oversee a master schedule of events to coordinate with the Director for use of Borough recreational facilities, parks or other Borough properties, including leased property or property subject to an interlocal agreement with the River Edge Board of Education, RiverDell Board of Education or other entity. § 79-6 Recreation Committee. A. Creation and composition. There shall be a Recreation Committee which is purely advisory and is not granted nor does it possess the powers and authority of a Recreation Commission under N.J.S.A. 40:61-17 et seq. The Committee shall be comprised of the Director, seven regular voting members and two alternate members in accordance with the following: (1) Appointment of members. The Mayor shall nominate and, by and with the advice and consent of the Council, appoint all members of the Recreation Committee, including two alternate members of the Recreation Committee, in the manner provided by law for the appointment of Borough personnel. (2) Terms of members and alternate members; vacancies.  i. Terms of members and alternate members. (a) All voting members of the Committee, including alternate members, shall be appointed for a period of three years, and until their successors are duly appointed and qualified. (b) Upon adoption of this chapter, the terms for initially appointed regular voting members shall be staggered; three members shall be appointed for a period of three years; two members shall be appointed for a period of two years; and two members shall be appointed for one year to establish rotating vacancies. (c) The terms of the initially appointed alternate members shall likewise be staggered. One alternate shall initially be appointed for one year, and one alternate shall initially be appointed for two years. Alternates shall be designated as Alternate No. 1 and Alternate No. 2. (d) Subsequent terms for all regular members shall be three years and three years for alternate members. Regular members shall serve no more than two consecutive terms unless otherwise approved by the governing body. (e) Upon the adoption of this chapter and for the initial appointments to the Recreation Committee, the terms of the seven at-large voting members and two alternates of the Recreation Committee are to be offered to the sitting members and designated alternates of the previous River Edge Board of Recreation Commissioners. The length of terms for the reappointments shall be staggered in accordance with the requirements. (f) The members shall be residents of the Borough of River Edge and shall not be employed by the Borough and shall not currently be serving on any other Borough board or commission. ii. Vacancies. Should a vacancy occur otherwise than by expiration of term for either a regular voting member or an alternate member, the Mayor shall appoint, subject to the advice and consent of the Council, a qualified successor to serve for the balance of the unexpired term only. iii. The Committee members shall serve with no compensation for their services. iv. Alternate members of the Recreation Committee shall vote in the absence of a regular member of the Recreation Committee. Alternate members of the Recreation Committee shall  attend all meetings along with the seven members of the Recreation Committee and be permitted to participate in all discussions and matters affecting the Recreation Committee. B. Organization of Recreation Committee. (1) The Committee shall develop and adopt bylaws annually. Bylaws may be amended subject to the approval of 2/3 of the regular voting membership. The bylaws must include a definition of the number of members required for a quorum; a schedule of regular meetings for each calendar year; and an attendance policy no stricter than what is permitted by state statute or Borough requirement, whichever is more restrictive. (2) The Committee shall meet on a monthly basis. 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. (3) Meetings shall be held in accordance with the Open Public Meetings Act (OPMA) and the requirements of the Open Public Records Act (OPRA). (4) The Committee shall annually elect a chairperson, a vice chairperson and recording secretary, as well as other such officers it deems necessary to carry out its duties. (5) The Director shall not be responsible for the administration of the Recreation Committee. C. Duties of the Recreation Committee. (1) Advise the Director in the coordination of recreation programs, the development of new initiatives, and the management of existing programs and events. (2) Advise the Director in the preparation of the annual operating and capital budgets for the Department. (3) Advise the Director to arrange and provide for the giving of games and contests and may use and employ such playgrounds or recreation places for the purpose of giving thereon games and contests to provide the funds, in whole or in part, necessary to improve, maintain and police the playgrounds or recreation places under the Department's control. (4) Advise to the Director reasonable admission fees for each person entering such playground or recreation place as a spectator during the time or times when the same is being used or employed for such purposes. (5) Advise the Director a reasonable service charge from persons using, as participants, special areas and facilities which require special maintenance  and the use of which is restricted to relatively few people, in order to assist in the meeting of the operating costs thereof in whole or in part. (6) Assist the Director in the identification and prioritization of short-term, intermediate and long-term capital improvements. (7) Conduct studies or advise the Mayor and Council and/or the Director regarding any such matters referred to the Committee and report in writing findings and conclusions as soon as reasonably possible. (8) Advise the Director on guidelines for the recreational use of playgrounds and recreational facilities in the Borough, consistent with rules governing the use thereof. Such guidelines shall be reviewed on a periodic basis and updated as necessary. (9) Advise on any guidelines or policies developed by the Director. (10) Advise the Director on recreation programs, activities, functions and improvements which will economically and effectively promote the cause of recreation and for all residents of all age groups in the Borough, including special needs programs and programs for seniors, teens and families. (11) Assist the Director upon request to formulate policies, codes of conduct, and rules and regulations for the purpose of carrying out the objectives of the Borough's recreation programming. (12) Promote volunteerism for recreation and park programs. (13) Assist the Director upon request in disseminating information to the public to advertise existing or new programs or activities and soliciting public comments and feedback in return. (14) Assist the Director upon request in determining specific criteria for designating an organization, league or program as a "youth sports organization." (15) Create any subcommittee of the Committee members or an advisory committee consisting of representatives from each of the Borough's youth sports organizations or league; said organization must operate under the auspices and authority of the Department. (16) Provide input and provide assistance to the Director upon request to the preparation of the Recreation Department's annual report to the governing body in accordance with § 79-7, Annual report. § 79-7 Annual report. A. The Director shall submit, not less than annually, a report to the governing body as to the activities of the Department. The Recreation Committee may assist in the development and preparation of the report and/or any element required therein.  B. The report shall include, but not be limited to: (1) A summary of recreational programs offered under the auspices of the Department that should also include the number of participants. (2) A summary of routine or special maintenance activities undertaken and the cost(s) thereof for Borough recreation facilities or equipment and replacement for the calendar year. (3) A summary table of revenue and expenditures for programs and events sponsored or conducted under the auspices of the Department. (4) A program of routine and periodic maintenance necessary to physically maintain the recreational facilities and improvements located within the Borough of River Edge and subject to the jurisdiction thereto. (5) Recommendations to expand, modify or eliminate existing recreational programs or recommendations for new programs. (6) An inventory of all Borough property owned, leased or subject of an interlocal agreement with the River Edge Board of Education or any other entity and equipment as well as details of the state thereof. (7) An assessment by the Director of the adequacy of the facilities and to what extent the needs of the public are being met. (8) Should it be determined that a leased property or property subject of an interlocal agreement with the River Edge Board of Education is determined to no longer adequately meet the needs of the public, provided alternatives and cost estimates for consideration by the Mayor and Council shall be included. (9) An assessment of the effectiveness of maintenance programs to maintain and care for the recreational facilities and parks of the Borough of River Edge and recommendations and cost estimates for consideration by the Mayor and Council. (10) Five-year capital plan with recommendations for improvements of recreational facilities and the cost(s) thereof. § 79-8 Continuance of existing regulations, policies and codes. Any rules, regulations, policies or code of conduct previously adopted and enforced by the former Board of Recreation Commissioners and Director prior to the date of adoption of this chapter shall remain and continue in full force and effect until further order by the appropriate jurisdiction. 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