MINUTES OF THE REGULAR MEETING
OF THE MAYOR AND COUNCIL OF THE
BOROUGH OF SADDLE RIVER
December 18, 2017
PRESENT: Mayor Kurpis, Council President Jensen, Council Members: Acaster, Gray,
Salazer, Schulstad, Yates, Borough Administrator Giaimis, Municipal Clerk Convertini,
Borough Attorney Huntington
ABSENT:
PRESIDING: Mayor Kurpis called the meeting to order at 7:00 p.m.; Municipal Clerk Convertini read the following statement:
PUBLIC NOTICE: "Notice of this meeting in compliance with the Open Public Meetings Act, Chapter 231 of the laws of 1975, has been given by posting a notice of the scheduled dates of all regular meetings of the Mayor and Council of the Borough of Saddle River on the bulletin board in the Municipal Building and in the office of the Borough Clerk and by emailing notice thereof to the Herald News and The Record on December 21, 2016." Also on the official Borough website and E-notify.
PLEDGE OF ALLEGIANCE
NOTIFICATION OF FIRE EXITS
AWARDS AND CEREMONIES
Presentation of Mayor’s Annual Community Service Award
At this time, Mayor Kurpis presented this award to Carol Boyajian. Mrs. Boyajian has been the Planning
Board Secretary and the Chairman of the Parks and Recreation Commission for many years and she was
commended for her community service in Saddle River with a plaque.
WORK SESSION:
MAYOR KURPIS:
Northwest Bergen Mayors Meeting: Mayor Kurpis stated that the Mayors met for a holiday party
and it was determined that the municipalities would work together, particularly with the deer
management issue, to coordinate an effort to address this matter.
Wildlife Management Update: Mayor Kurpis stated that this application was filed with the State and
the Borough will wait for the response and determine the most appropriate means to address this
matter.
Formation of a Saddle River Arts Council: Mayor Kurpis stated that an Arts Council will be developed under a 501 C-3, non-profit organization. The objective will be to increase arts awareness in Saddle River, which will dovetail into the public relations effort being put forth in 2018.
ADMINISTRATOR
Northwest Bergen Administrator’s Meeting: Administrator Giaimis stated that Saddle River hosted this meeting and Administrators from neighboring municipalities addressed solid waste and recycling.
Solid Waste and Recycling Bid: Administrator Giaimis stated that only one bid was received on December 12, 2017 from Suburban Disposal. He further stated that he is recommending a one-year contract and will look to other alternatives moving forward to explore all options.
Council Member Schulstad asked about the status of the Community Based Deer Management Application and Administrator Giaimis stated that the letter to be sent to all residents regarding utilizing private property is currently under attorney review.
Mayor Kurpis stated that the Garden Club decorated the Saddle River municipal tree in Van Saun Park in Paramus.
OPEN TO THE PUBLIC:
Joe Bock, Beattie Padavano, attorney for Donald Nuckel asked that Ordinance # 17-941-C be removed pending Planning Board approval. He further stated that his client has an issue with some of the language and this was discussed in detail. Attorney Huntington stated that this ordinance will be withdrawn and re-introduced at the January 15, 2018 meeting.
A motion was offered by Council President Jensen to withdraw Ordinance # 17-941-C and be re-introduced at the January 15, 2018 meeting of the Mayor and Council. Seconded by Council Gray.
Roll Call Vote: AYES, Unanimous
Marilyn Goldfischer, 124 West Saddle River asked about the garbage contract and asked about the $93,000 increase for this service. Borough Administrator Giaimis explained that the bidding process was conducted twice, due to litigation regarding the process from one of the bidders. At the second bid opening on December 12, 2017, only one bid was received from Suburban Disposal.
Andreas Ohl, 185 West Saddle River Road commented on Ordinance # 17-942-C regarding the prohibiting of feeding wildlife and asked about the ability to compost. He addressed the deer issue and tick pesticides that may be utilized and this was discussed in detail. Mayor Kurpis stated that the Environmental Commission will also be addressing this matter moving forward.
ENGINEERING REPORT: Borough Engineer Martin Spence gave the engineering update as follows:
High Ridge Utility Upgrade: The first phase of this project has been completed by Orange and Rockland Electric, with the installation of new underground wiring.
Verizon Upgrades on Alford Drive: Verizon will upgrade utility pads on Alford Drive; no road excavation will be necessary.
Streetscape IV and V: These projects, approved by the State, will go to bid on February 22, 2016.
BOROUGH ATTORNEY:
MUNICIPAL CLERK:
INTRODUCTION OF ORDINANCE(S): There were none.
ORDINANCE NO. 17-941-C
AN ORDINANCE TO AMEND CERTAIN SECTIONS OF THE ZONING CODE
OF THE BOROUGH OF SADDLE RIVER
As previously discussed, this ordinance was withdrawn at this time.
ADOPTION OF ORDINANCE(S):
ORDINANCE NO. 17-942-C
AN ORDINANCE TO AMEND CERTAIN PROVISIONS OF CHAPTER 29,
CHAPTER 134 AND CHAPTER 219 OF THE BOARD OF HEALTH CODES FOR THE BOROUGH OF SADDLE RIVER
Resolution #212-17 Offered by Council Member Salazer
Seconded by Council President Jensen
Motion to Open to the Public by Council Member Gray
Seconded by Council Member Schulstad
Voice Vote: All AYES
OPEN TO THE PUBLIC: No one wished to be heard.
Motion to Close the Hearing to the Public by Council President Jensen
Seconded by Council Member Schulstad
Voice Vote: All AYES
Roll Call Vote: AYES, Unanimous
ORDINANCE NO. 17-943-C
AN ORDINANCE OF THE BOROUGH OF SADDLE RIVER, NEW JERSEY
PROVIDING FOR PROHIBITION OF THE FEEDING OF WILDLIFE ON LANDS
IN THE BOROUGH, AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF
Resolution #213-17 Offered by Council Member Schulstad
Seconded by Council President Jensen
Motion to Open to the Public by Council Member Schulstad
Seconded by Council President Jensen
Voice Vote: All AYES
OPEN TO THE PUBLIC:
Vince Blehl, 33 East Allendale Road stated that he understands the intent of this ordinance but it is too restrictive for residents.
Amy Atkinson, 19 Westerly Road stated that this ordinance is a hidden agenda to allow hunters to potentially bait deer, which the residents of Saddle River voted against.
Irena Holiat, 85 East Saddle River Road asked about specific language in the ordinance pertaining to bird feeders and this was discussed.
Mayor Kurpis stated that, based on public comment he would like to make a motion to strike Section 3 (b) “any hunter engaging in baiting for the purpose of hunting pursuant to a valid hunting license issued in accordance with the provisions of Title 23 of the New Jersey Revised Statues”
Seconded by Council Member Gray.
Roll Call Vote: AYES: Council Members Acaster, Gray, Jensen, Salazer, Yates.
NAY: Council Member Schulstad
Motion to Close the Hearing to the Public by Council President Jensen
Seconded by Council Member Gray
Voice Vote: All AYES
A motion to approve the Ordinance #17-943-C as amended was offered by Council Member Schulstad.
Seconded by Council President Jensen.
Roll Call Vote: AYES, Unanimous
APPROVAL OF BILLS
Resolution #214-17 Offered by Council Member Salazer
Seconded by Council Member Gray
Roll Call Vote: AYES, Unanimous
RESOLUTIONS
All matters listed hereunder are considered routine in nature and will be enacted in one motion. Any Council Member may request that an item be removed for separate consideration. Considering approval of minutes, a yes vote will indicate a vote in favor of approval of the minutes of each meeting at which the Council Member was present and an abstention with respect to the minutes of meetings at which such Council Member was not present.
Resolution Offered by Council President Jensen
Seconded by Council Member Acaster
A. Approval of Minutes:
Regular Meeting: 11/13/17
Work Session Meeting: 11/30/17
Executive Session (WS) 11/30/17
B. Resolution(s)
R# 215-17 Health Benefit Opt Out Waiver
R# 216-17 Soil Movement Blk. 1801 Lot 7.01 (7Q) Patriot Farm, LLC
R# 217-17 Rindlaub Park Irrigation System
R# 218-17 Saddle River Arts Council
R# 219-17 Authorizing Memorandum of Agreement – Captain Jason Cosgriff
R# 220-17 Tax Court Judgement Blk. 1401 Lot 32 & Blk. 1401 Lot 9
R# 221-17 Award of Bid – Garbage & Recycling – Suburban Disposal
OPEN TO THE PUBLIC FOR CONSENT AGENDA ITEMS ONLY:
Roll Call Vote: AYES, Unanimous
COMMITTEE & COUNCIL MEMBER REPORTS
Board of Health: Council Member Salazer gave the report for November 2017.
Landmarks Committee: There was no report at this time.
Bishop House Committee: There was no report at this time.
Equestrian Committee: There was no report at this time.
Finance Committee: Council Member Salazer gave the report for November 2017.
Special Events Committee: Council Member Salazer gave the report for December 2017.
Public Relations Committee: Council Member Salazer gave the report for December 2017.
COAH: Council President Jensen gave the report for November 2017.
Planning Board: Council President Jensen gave the report for December 2017.
Fire Department: Council President Jensen gave the report for December 2017.
Saddle River Museum Committee: Council Member Acaster gave the report for November 2017.
Const. & Zoning Enforcement: Council Member Acaster gave the report for November 2017.
Public Works: Council Member Acaster gave the report for November 2017.
Police Department: Council Member Acaster gave the report for November 2017.
Zoning Board: There was no report at this time.
Board of Education: Council Member Gray gave the report for November 2017.
Beautification Committee: Council Member Gray gave the report for November 2017.
EMS: Council Member Gray for November 2017.
Environmental Commission: Council Member Yates gave the report for November 2017.
Recycling & Green Team Committee: There was no report at this time.
Ordinance Review Committee: Council Member Schulstad gave the report for November 2017.
Parks and Recreation: There was no report at this time.
Information Transparency Committee: Council Member Schulstad gave the report for November 2017.
OPEN TO THE PUBLIC:
Irena Holiat, 85 East Saddle River Road stated that she is happy to see a tree initiative in Saddle River. She further stated that educating the children in Saddle River about the importance of trees and their identification is extremely important.
Marilyn Goldfischer, 124 West Saddle River Road asked about the status of the Tree City designation and Council Member Yates addressed this matter. She also asked about the re-planting of trees, particularly hardwoods as they provide increased coverage.
Corinne Kerner, 229 West Saddle River Road asked about the deer management program, specifically a mailer that was to be sent to all residents about granting permission to conduct a non-lethal program on private property. Administrator Giaimis stated that he has spoken with Dr. Cerf about this and it is currently in attorney review. Ms. Kerner stated that, if this mailing is being funded by the Borough, that a question be included regarding permission for lethal purposes as well.
Council Member Schulstad stated that, at this point, the Borough should not expect to hear from the State for several months. Mayor Kurpis asked if any members of the Council would be willing to make a motion stating that a definitive decision must be made by a given date. Too much time has gone by and the residents deserve and answer and a plan.
Andreas Ohl, 185 West Saddle River Road reminded the Mayor and Council that the residents voted for a non-lethal deer management plan and the process should be permitted to run its course, in good faith.
He further stated that Dr. Cerf has used his own time and money to orchestrate the non-lethal plan and the Borough should be grateful.
Amy Atkinson, 19 Westerly Road, reiterated that residents voted for a non-lethal deer management plan.
UNFINISHED BUSINESS: Council President Jensen stated that the deer issue should not go on indefinitely but the Borough should wait to get a response from the State. Council Member Schulstad stated that this application should have been filed by Borough employees rather than a resident and many of the questions that the State came back with were previously posed to the Mayor and Council and were ignored.
Council Member Schulstad stated that there has been a material change in the financial status of the Borough and the status of the tax payers in relation to the Borough with the passage of new legislation.
He further stated that, as a result of this new legislation, the cost of government has now increased approximately 20-30%. He stated that the Finance Committee should focus on this moving forward.
Council Member Gray disagreed, stating that the governing body has not acted fiscally irresponsible and maintains its priority of providing residents with the services they are accustomed to by adopting a budget that satisfies the critical issues and concerns of taxpayers.
Council Member Schulstad stated that the fiscal reality should be considered and many of the discretionary items financed by the Borough are responsible for Saddle River having either the 17th or 18th highest tax burden in dollars across the State.
Council President Jensen stated that it is incumbent upon the governing body to manage the town in a fiscally responsible manner and, over the last three years, the tax rate has not increased. He further stated that, if the proposed tax law passes, the governing body will sharpen their focus on all expenditures.
Council Member Salazer stated that she has been on the Finance Committee for two years and feels that the governing body has acted in a very fiscally responsible manner, keeping taxes low. Council Member Schulstad stated that the Borough currently has $30,000,000 in unfunded liability and taxes would have to increase dramatically if this had to be paid off at a given time.
Council Member Acaster stated that the tax rate in Saddle River is one of the lowest in the State and all of the residents should be very proud of the Borough.
Mayor Kurpis stated that the residents expect a level of service and governance and if taxes must be increased slightly in the future, they will still remain lower than neighboring municipalities.
NEW BUSINESS:
RESOLUTION FOR CLOSED SESSION
Resolution #222-17 Offered by Council President Jensen
Seconded by Council Member Yates
Roll Call Vote: AYES Unanimous
At this time the Mayor and Council returned to the regular meeting.
ADJOURNMENT: A motion to adjourn was made and seconded.
Respectfully submitted,
Joy C. Convertini
Municipal Clerk
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MINUTES: MAYOR AND COUNCIL MEETING DECEMBER 18, 2017