Mayor & Council Special Meeting

MINUTES Mayor and Council Special Meeting Thursday, February 29, 2024 7:00 P.M. CALL TO ORDER – A Special Meeting of the Mayor and Council of the Borough of River Edge was held virtually via Zoom. The meeting was called to order at 7:01 p.m. by Mayor Thomas Papaleo. SILENT PRAYER – FLAG SALUTE Mayor Papaleo asked for a moment of silence for those throughout the world who are living in the midst of social and political confict. He then led those present in a salute to the flag. STATEMENT – 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 February 16, 2024 via Resolution #24-88 containing the time, date and access information 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: Lissette Aportela, Borough Administrator John Shahdanian, Esq., Borough Attorney William Rupp, Borough Attorney PUBLIC COMMENT Motion by Councilwoman Kaufman, second Councilman Benson, and all members present voting in favor, to open the floor to the public. No one came forward. Motion by Council President Montisano-Koen, second by Councilwoman Malellari, and all members present voting in favor, to close the floor to the public. SECOND READING & HEARING ON ORDINANCES Ordinance #24-03 Mayor Papaleo read into the record: The following ordinance published herewith was first read by title only on February 15, 2024 and posted on the bulletin board of the municipal building. Ordinance #24-03 – An Ordinance to Authorize A Special Emergency Appropriation N.J.S. 40A:4-53 Public Comments on Ordinance #24-03 Motion by Council President Montisano-Koen, second by Councilwoman Kaufman, and all members voting in favor, to open the floor to the public on Ordinance #24-03. No one came forward. Motion by Councilwoman Kaufman, second by Councilwoman Malellari, to close the floor to the public on Ordinance #24-03. Borough Administrator Aportela explained that this ordinance authorizes a special emergency appropriation for the purchase of a GIS system which is a mapping system that is required by the NJ DEP to be implemented. She detailed the various elements that would be mapped through this system. She noted that this cost will be able to be paid over the course of five years and advised that, at the prior meeting, old capital balances were liquidated which will help to offset this cost. Motion by Council President Montisano-Koen, second by Councilman Benson, that Ordinance #24-03 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: Councilwoman Kaufman: aye Councilwoman Malellari: aye Council President Montisano-Koen: aye Councilman Benson: aye Councilwoman Kinsella: aye Councilman Glass: aye RESOLUTIONS - By Consent As Resolution #24-99 requires a 2/3 affirmative vote, Borough Attorney Rupp recommended that each resolution on the Consent Agenda be considered separately. #24-99 Special Emergency Resolution and Financing of Same Motion by Council President Montisano-Koen, second by Councilman Benson, that Resolution #24- 99 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 #24-100 Award Professional Services Contract Stormwater Inventory and Data Management Motion by Councilman Benson, second by Councilwoman Kaufman, that Resolution #24-100 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 Council President Montisano-Koen advised that there is a need to go into Closed Session to discuss a potential litigation matter. Borough Attorney Rupp advised that, due to this meeting being called as a special meeting for a specific purpose, an item that was not on the agenda needs to be of an emergent nature for it to be discussed. Borough Administrator Aportela confirmed that this matter is of an emergent nature. CLOSED SESSION – On a motion from Council President Montisano-Koen, seconded by Councilwoman Malellari, and all present voting in favor, the meeting was adjourned to the Closed Executive Session via Resolution #24-101 at 7:15 pm. #24-101 Resolution to Go Into Closed Session for Emergent Matter WHEREAS, this special meeting was called for the sole purpose of holding the public hearing for and considering final passage of Ordinance #24-03 to authorize a special emergency appropriation for the preparation of a storm system map as well as considering resolutions relating to this special emergency appropriation; and WHEREAS, a matter of an emergent nature has arisen which was not on the published agenda and there was not sufficient advance notice thereof to provide adequate notice thereof nor could the governing body reasonably have foreseen the need to add such matter where adequate notice could have been provided; and WHEREAS, adequate notice could not be given due to the time sensitive matter of potential litigation and the nature of the issue was such that a delay for the purpose of providing adequate notice would likely result in potential substantial harm to the public interest; and WHEREAS, the Open Public Meetings Act, NJSA 10:4-12 permits the exclusion of the public from a meeting in certain circumstances; and WHEREAS, this public body is of the opinion that such circumstances presently exist. NOW, THEREFORE BE IT RESOLVED by the Mayor and Council of the Borough of River Edge, County of Bergen, State of New Jersey, upon the affirmative vote of three-fourths of the members present, as follows:  1. That the public shall be excluded from the February 29, 2024, special meeting and discussion of the hereinafter specified subject matter: A. Attorney-Client Privilege – N.J.S.A. 10:4-12(b)(7) 1. Potential Litigation Matter 2. Formal action may/may not be taken. 3. Minutes will be kept and once the matter involving the confidentiality of the above no longer requires that confidentiality, then the minutes can be made public. 4. The Borough Clerk is hereby authorized and directed to provide a copy of this as soon as possible to the Town News and the Record and posted on the municipal bulletin board and Borough Website The special meeting resumed at 7:36 p.m. ROLL CALL PRESENT: Councilwoman Kaufman, Council President Montisano-Koen, Councilwoman Kinsella, Councilwoman Malellari, Councilman Benson, Councilman Glass and Mayor Papaleo. ABSENT: None ALSO PRESENT: Lissette Aportela, Borough Administrator John Shahdanian, Esq., Borough Attorney William Rupp, Borough Attorney PUBLIC COMMENT – Mayor Papaleo expressed his belief that there are members of the public attending this meeting who wish to speak to a Ramadan celebration. He requested that one member be selected to speak on behalf of the group. Motion by Councilwoman Kaufman, second Councilman Benson, and all members present voting in favor, to open the floor to the public. Omar Hassan, 727 Seventh Avenue, requested that the governing body reconsider its decision not to allow the Ramadan Crescent Lighting. He noted that the Crescent is not considered a religious symbol. Mayor Papaleo expressed his belief that the governing body has found a solution that will allow Ramadan to be respected and celebrated without violating the Borough Attorney’s legal advice. He advised that Mr. Hassan could obtain a permit through the Recreation Department to hold a private celebration in Memorial Park where the Crescent can be displayed and members of the governing body can participate to recognize the cultural nature of this event. He noted that this display would not be permitted to remain for an entire month and would need to be removed at the conclusion of the event. He asked that Mr. Hassan contact the Recreation Superintendent to discuss obtaining this permit. Motion by Councilman Benson, second by Councilwoman Kinsella, and all members present voting in favor, to waive the permit fee to hold this event in Memorial Park. Borough Administrator Aportela explained that the insurance requirements to hold this event must be met, and as such, a Hold Harmless Agreement and Certificate of Insurance would need to be provided. There was discussion about potential dates and times to hold this event. Mr. Hassan confirmed it would be scheduled for either late Friday or early Saturday of this week. Motion by Councilman Benson, second by Council President Montisano-Koen, and all members present voting in favor, to close the floor to the public. 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 7:52 p.m. Respectfully submitted, Anne Dodd, RMC Borough Clerk  Certification of Availability of Funds NJAC 5:30-5 Date: February 29, 2024 For Resolution #R24-100 To: Mayor and Council I hereby certify to the availability of public funds for the following specific purpose: Purpose: Appoint of Colliers Engineering & Design to provide professional services for Stormwater Inventory and Data Management Line Item (or Ordinance) to be Charged: 4-01-46-875-101 - $136,515 _______________________________ Chris Battaglia, CFO  BOROUGH OF RIVER EDGE RESOLUTION #24-101 Resolution to Enter Into Closed Session for Emergent Matter WHEREAS, this special meeting was called for the sole purpose of holding the public hearing for and considering final passage of Ordinance #24-03 to authorize a special emergency appropriation for the preparation of a storm system map as well as considering resolutions relating to this special emergency appropriation; and WHEREAS, a matter of an emergent nature has arisen which was not on the published agenda and there was not sufficient advance notice thereof to provide adequate notice thereof nor could the governing body reasonably have foreseen the need to add such matter where adequate notice could have been provided; and WHEREAS, adequate notice could not be given due to the time sensitive matter of potential litigation and the nature of the issue was such that a delay for the purpose of providing adequate notice would likely result in potential substantial harm to the public interest; and WHEREAS, the Open Public Meetings Act, NJSA 10:4-12 permits the exclusion of the public from a meeting in certain circumstances; and WHEREAS, this public body is of the opinion that such circumstances presently exist. NOW, THEREFORE BE IT RESOLVED by the Mayor and Council of the Borough of River Edge, County of Bergen, State of New Jersey, upon the affirmative vote of three-fourths of the members present, as follows: 1. That the public shall be excluded from the February 29, 2024, special meeting and discussion of the hereinafter specified subject matter: A. Attorney-Client Privilege – N.J.S.A. 10:4-12(b)(7) 1. Potential Litigation Matter 2. Formal action may/may not be taken. 3. Minutes will be kept and once the matter involving the confidentiality of the above no longer requires that confidentiality, then the minutes can be made public. 4. The Borough Clerk is hereby authorized and directed to provide a copy of this as soon as possible to the Town News and the Record and posted on the municipal bulletin board and Borough Website February 29, 2024