Mayor & Council

MINUTES Mayor and Council Regular Meeting February 14, 2022 6:00 P.M. CALL TO ORDER – A Regular Meeting of the Mayor and Council of the Borough of River Edge was held virtually via Zoom in the Council Chambers of the River Edge Borough Hall at 705 Kinderkamack Road, River Edge, NJ 07661. The meeting was called to order at 6:30 p.m. by Mayor Thomas Papaleo. SILENT PRAYER – FLAG SALUTE Mayor Papaleo asked for a moment of silence for all those who have continued to suffer from COVID, the people of Ukraine, and those suffering from physical and emotional threats in life. The Mayor led those present in the 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 8th 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 Busteed, Councilman Chinigo, Council President Kaufman, Councilwoman Kinsella (arrived at 6:33 p.m.), Councilwoman Malellari Councilwoman Montisano-Koen and Mayor Papaleo. ABSENT: None ALSO PRESENT: Borough Attorney Thomas Sarlo, Esq. Borough Administrator, Lissette Aportela was excused with prior notice. APPROVAL OF MINUTES – On motion by Councilwoman Kaufman, seconded by Councilwoman Busteed, and all members present voting in favor, that the minutes of the Mayor and Council Special Meeting and Closed Session Meeting of January 20, 2022 and Mayor and Council Regular Meeting of January 24, 2022 are hereby approved. PROCLAMATIONS & AWARDS Proclamation Declaring the Month of February 2022 as Black History Month Mayor Papaleo read the following proclamation into the record:  PROCLAMATION WHEREAS, Black History Month is celebrated every February in recognition of achievements by Black Americans and all people of African descent in the United States; and WHEREAS, historian and author Dr. Carter G. Woodson created Negro History Week in 1926 to encourage the study of Black life and history, particularly in the nation’s public schools, and the tradition was expanded in 1976 to Black History Month; and WHEREAS, many diverse ethnic and racial groups have all played a vital and positive integral part and contributed to the promulgation of America’s unique social, cultural, scientific, political and economic character; and WHEREAS, the contributions to science, technology, business, arts and cultural innovation by Black Americans and African Americans have been essential to the progress of our nation; and WHEREAS, the Borough of River Edge is desirous of making a bold statement to honor and celebrate the achievements of our African-American citizenry, determines that our municipality should communicate this desire by way of an official declaration for the month of February; and WHEREAS, the Borough of River Edge further promotes appropriate ceremonies and programs during the month of February to enunciate black history. NOW, THEREFORE, BE IT RESOLVED that I, Thomas Papaleo, Mayor of the Borough of River Edge and on behalf of the Council do proclaim: February 2022 as Black History Month Mayor Papaleo said that this is a wonderful month during which the contributions of African Americans are celebrated. Proclamation Recognizing Mary Donohue on her 97th Birthday Mayor Papaleo – said that Mary served as the first Councilwoman in River Edge and also served as a Bergen County Freeholder. Mary Donohue said that she’s happy to be here. Mayor Papaleo read the proclamation into the record as follows: PROCLAMATION WHEREAS, Mary Donohue has been a resident of River Edge since 1952 where she and her husband Gerald raised their eight children; and WHEREAS, Mary has been blessed with 17 grandchildren and 22 great grandchildren; and  WHEREAS, Mary will attain the age of 97 on February 14, 2022; and WHEREAS, Mary’s many accomplishments include being 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 CCD Teacher at St. Peter’s and long standing member of the River Edge Historic Commission and the Historic New Bridge Landing Park Commission; 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. Mary Donohue- thanked the Mayor and Council for this honor. She said that she’s proud to be a resident of River Edge since 1952 and loved serving in the best town in the work. She thanked them again for thinking of her and celebrating her birthday. Mayor Papaleo- thanked Mary for giving herself to the Borough, the County, St. Peter’s and the people of New Jersey. CLOSED SESSION – On a motion by Councilman Chinigo, seconded by Councilwoman Montisano-Koen, and all present voting in favor, the meeting was adjourned to the Closed Executive Session at 6:42 p.m. #22-81 Resolution to Go Into Closed Session and Exclude Public 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, as follows: 1. That the public shall be excluded from the February 14, 2022 regular meeting and discussion of the hereinafter specified subject matter: Closed Session Statutory Docket # Item Title or Description Reference 21-12/13-1 Personnel Matter - N.J.S.A 10:4-12(b)(8) Department of Public Works 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. February 14, 2021 The public meeting resumed at 7:37 p.m. PUBLIC COMMENTS ON ANY ITEM ON THIS AGENDA – On motion by Councilwoman Montisano-Koen, seconded by Councilwoman Kaufman 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 Chinigo, seconded by Councilwoman Kaufman and all present voting in favor, to close public comments on any item on the agenda. APPOINTMENTS & PERSONNEL CHANGES – On motion by Councilwoman Montisano-Koen, seconded by Councilwoman Malellari to approve the following appointments and personnel changes: • Approve the resignation of Joseph LaRosa, Jr., Laborer in the Department of Public Works effective February 11, 2022. • Approve the resignation of Julia Lee, River Edge Free Public Library effective February 2, 2022. • Approve the resignation of Jason DeCarlo, Laborer in the Department of Public Works effective February 21, 2022. On a roll call, the vote was recorded as follows: Councilwoman Busteed: aye Councilwoman Kinsella: aye Councilman Chinigo: aye Councilwoman Malellari aye Council President Kaufman: aye Councilwoman Montisano-Koen: aye 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 12, 2022 Library Board - February 2022 Historic Commission - January 2022 Tax Collector - January 2022 FIRST READING – ORDINANCES – Mayor Papaleo read the title of Ordinance #22-3 into the record: Ordinance #22-3 An Ordinance amending the Revised General Ordinances of the Borough of River Edge, Chapter 33, Entitled ’Fire Department’ On motion by Councilwoman Kinsella, seconded by Councilwoman Kaufman to introduce and pass on first reading Ordinance #22-3. Council President Kaufman- explained that the code company found a discrepancy in this portion of the Borough Code and this ordinance will correct to the requirement after probation to become officer to two years. On a roll call, the vote was recorded as follows: Councilwoman Busteed: aye Councilwoman Kinsella: aye Councilman Chinigo: aye Councilwoman Malellari aye Council President Kaufman: aye Councilwoman Montisano-Koen: aye BOROUGH OF RIVER EDGE ORDINANCE NO. 22-3 AN ORDINANCE AMENDING THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF RIVER EDGE, CHAPTER 33, ENTITLED ‘FIRE DEPARTMENT’ 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. Section 33-4 entitled “Elections” is hereby amended and that those portions of the aforesaid set forth below are hereby amended as follows and that those portions of the Ordinance not set forth below shall remain unchanged: Delete: § 33-4. – Elections As stated above, to be eligible to hold any Fire Officer position a member shall comply with all applicable residency requirements, must have an average of fifty percent (50%) attendance at dispatches, drills, and meetings, as calculated per the River Edge Fire Department SOP for calculating averages, and must have been a member for at least one (1) year beyond the probationary period. Additionally, the Member must satisfy the years of service required in specified Fire Officer Positions to hold such position. Add: § 33-4. – Elections As stated above, to be eligible to hold any Fire Officer position a member shall comply with all applicable residency requirements, must have an average of fifty percent (50%) attendance at dispatches, drills, and meetings, as calculated per the River Edge Fire Department SOP for calculating averages, and must have been a member for at least two (2) years beyond the probationary period. Additionally, the Member must satisfy the years of service required in specified Fire Officer Positions to hold such position. 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. RESOLUTIONS - By Consent a. #22-82 Authorize Issuance of Purchase Order – Arcari & Iovino Architects, PC b. #22-83 Approve LOSAP Certification List – River Edge Fire Department c. #21-84 Approve the Hire of a Full-time Laborer in the Department of Public Works d. #22-85 Authorize Tax Collector to Refund 2022 1st Quarter Tax Overpayments(s) e. #22-86 Approve the Appointment of a Volunteer Firefighter f. #22-87 Authorize Execution of 2021 Municipal Recycling Tonnage Grant Program Reporting Form g. #22-88 Award Contract – Architectural Services – Borough Hall Repair/Renovation Initial Phase – Arcari & Iovino Architects, PC h. #22-89 Authorize Issuance of Purchase Order – McCabe Environmental Services, LLC i. #22-90 Resolution Granting a Non-Exclusive Revocable License for an Encroachment on a Borough Easement j. #22-91 A Resolution of the Borough of River Edge Authorizing the Borough’s Entry into a Settlement Agreement and Release with Employee #001054 Motion by Councilwoman Busteed, second by Councilman Chinigo that the Consent Agenda be approved. On a roll call, the vote was recorded as follows: Councilwoman Busteed: aye Councilwoman Kinsella: aye Councilman Chinigo: aye Councilwoman Malellari aye Council President Kaufman: aye Councilwoman Montisano-Koen: aye #22-82 Authorize Issuance of Purchase Order – Arcari & Iovino Architects, PC WHEREAS, the Borough of River Edge was impacted by Tropical Storm Ida, which impacted the State of New Jersey on September 1, 2021; and WHEREAS, Governor Murphy declared a State of Emergency due to the storm via Executive Order No. 259; and WHEAREAS, the Fire Company #2 was severely flooded; and  WHEREAS, in order to submit an insurance claim for repairs to the facility under the flood insurance policy, the Borough must engage an architect to draft plans and submit a report with the Borough’s claim; and WHEREAS, the scope of work proposed by Arcari & Iovino Architects, PC, qualifies as a professional service under NJSA 40A:11-2(6) and NJSA 40A:11-5; and WHEREAS, the Borough Administrator, Lissette Aportela obtained quote prepared by Arcari & Iovino Architects, PC for professional architectural services on January 21, 2022, for a fee not to exceed $7,500.00 for the flood damage repair and insurance claim for Fire Company #2 and has recommended at a purchase order be issued to Arcari & Iovino Architects, PC; and WHEREAS, Anthony Iovino, AIA, PP, LEED of Arcari & Iovino Architects, PC has completed and submitted a Business Entity Disclosure Certification which certifies that he and his architectural firm have not made any contributions to any political or candidate committee in the Borough of River Edge in the previous one year that would render him ineligible to be awarded this contract, and that the proposed contract prohibits him and his architectural firm from making any such reportable contributions through the term of the contract; and WHEREAS, Chief Financial Officer Chris Battaglia has advised that funding is available for this service. NOW THEREFORE BE IT RESOLVED by the Mayor and Council of the Borough of River Edge that the Borough Administrator, Lissette Aportela is authorized to issue a purchase order for professional architectural services for the flood damage repair and insurance claim for Fire Company #2 to Arcari & Iovino Architects, PC, having its principal office at One Katherine Street in Little Ferry, NJ 07643 based on the quote submitted on January 21, 2022, in the amount not to exceed $7,500.00. February 14, 2022 #22-83 Approve LOSAP Certification List – River Edge Fire Department WHEREAS, the LOSAP plan for the Borough of River Edge was adopted on May 1, 2000 via Ordinance #1289 (Ord. No. 99-38); and WHEREAS, pursuant to N.J.S.A. 40A:14-191, the River Edge Fire Department has prepared and submitted a certification list based on records maintained by the River Edge Fire Department; and WHEREAS, the Borough has reviewed the certification list as submitted by the River Edge Fire Department, a copy of which is attached hereto and made a part hereof; and WHEREAS, the Consumer Price Index for the year 2021 is 5.6% as stated in Local Finance Notice 2022-02 dated January 20, 2022. NOW THEREFORE BE IT RESOLVED, by the Mayor and Council of the Borough of River Edge, that it does hereby approve the 2021 LOSAP certification list submitted by the River Edge Fire Department; and BE IT FURTHER RESOLVED that a certified copy of this resolution and the certification list shall be returned to the River Edge Fire Department for posting for a period of thirty (30) days to allow sufficient time for membership review; and BE IT FURTHER RESOLVED that a certified copy of this resolution and the certification list shall be posted at the Office of the Borough Clerk for a period of thirty (30) days; and BE IT FURTHER RESOLVED that appeals to the certification list must be in writing and shall be mailed to the Borough Clerk and must be received within thirty (30) days of the posting date of the certification list; and BE IT FURTHER RESOLVED that following the thirty (30) day period for filing an appeal, and subject to holding payment of any members being appealed, payment shall be made by the Borough of River Edge to Lincoln National Life Insurance Company and Lincoln Financial Advisors, its agent, for deposit into the LOSAP account in the deferred income program; and BE IT FINALLY RESOLVED that funds for this purpose are available in the 2022 local municipal budget. February 14, 2022 The following are the recipients for LOSAP for the year 2021 Company 1 Company 2 Berry, Richard Blech, Martin Carroll, Timothy Camera, William Carroll, Neal Cariddi, Brendon Delia, David Cariddi, Gregg Dowell, Edward Cariddi, Jonathan Goodwin, Thomas Coyman, Brian Mauthe, John Sr. Coyman, Leonard Mauthe, John Jr. Francin, John Mitchell, Mark Gibson, Micah Neerhout, Richard Hanauer, Leonard Neerhout, Tyler Heinzinger, Stuart Cerciello, Joseph Albert Hurm Schultz, Eric O’Connell, George Arnoff, Tyler Sanders, William Grecco, Nicole Silver, Bennett Farelli, John Stucke, David Petry, Kevin Stucke, Mallory Schlossberg, Michael Wilhelm, Gary Schlossberg, Robert Sim, Gyuchang MacRae, William Panchi, Matthew Yeandle, Brian Hanauer, Seth Iannantuano, Christopher Wagreich, Joshua Pugliese, Frank #21-84 Approve the Hire of a Full-time Laborer in the Department of Public Works BE IT RESOLVED by the Governing Body of the Borough of River Edge that Charles Hennion be and he is hereby hired as a full-time Laborer in the Department of Public Works at an annual Laborer II, Step 4 salary of $43,637.00 with a one (1) year probationary period, effective February 28, 2022. February 14, 2022 #22-85 Authorize Tax Collector to Refund 2022 1st Quarter Tax Overpayments(s) WHEREAS, the tax office has received duplicate and/or tax overpayments for the 1st Quarter 2022 taxes on the following property(s); and WHEREAS, a written request was received from their mortgage company to refund the overpaid amount directly to the mortgage company. NOW, THEREFORE, BE IT RESOLVED that the Account Supervisor is hereby authorized to issue a refund check in the following amount and the Tax Collector to adjust her records accordingly. BLOCK/LOT HOMEOWNER/ADDRESS TYPE AMOUNT 304/17 BRANKOV,DRAGAN & KATHY DUPLICATE 3,404.85 768 FIFTH AVENUE 706/15 BHALLA, SUNIL RANDHIRKUMAR DUPLICATE 1,121.65 203 MANNING AVENUE 814/41 ORTIZ, JASON & JENNIFER DUPLICATE 3,274.28 502 THE FENWAY 1003/10 MOHAMED, AHMED NADY & DUPLICATE 4,476.64 ELYAMANY, SALMA 405 MERCER AVE TOTAL: $12,277.42 Make check payable to: CORE LOGIC TAX SERVICES P.O. Box 9202 Coppell, TX 75019-9978 Attn: Centralized Refunds February 14, 2022 #22-86 Approve the Appointment of a Volunteer Firefighter BE IT RESOLVED by the Governing Body of the Borough of River Edge that Gabriel Martinez be and he is hereby appointed as a Volunteer Firefighter in the River Edge Volunteer Fire Department effective February 14, 2022. February 14, 2022 #22-87 Authorize Execution of 2021 Municipal Recycling Tonnage Grant Program Reporting Form BE IT RESOLVED that the 2021 Municipal Recycling Tonnage Grant Program Reporting Form as prepared by Certified Municipal Recycling Coordinator Lisa Hessman is hereby approved; and BE IT FURTHER RESOLVED that Mayor Thomas Papaleo and Certified Municipal Recycling Coordinator Lisa Hessman are hereby authorized to execute said reporting form on behalf of the Borough of River Edge; and BE IT FURTHER RESOLVED that a certified copy of this resolution be forwarded to Certified Municipal Recycling Coordinator Lisa Hessman. February 14, 2022 #22-88 Award Contract – Architectural Services – Borough Hall Repair/Renovation Initial Phase – Arcari & Iovino Architects, PC WHEREAS, the Mayor and Council has resolved to award a professional services contract for architectural services for the Borough Hall Repair/Renovation Initial Phase project through a non-competitive process pursuant to N.J.S.A. 19:44A-20.5; and WHEREAS, the Borough Administrator, Lissette Aportela received a proposal prepared by Arcari & Iovino Architects, PC for professional architectural services on January 31, 2022, for a fee not to exceed $18,250 for this project; and WHEREAS, the Local Public Contracts Law (N.J.S.A. 40A:11-5) authorizes the execution of such a professional services contract without competitive bidding; and WHEREAS, Anthony Iovino, AIA, PP, LEED of Arcari & Iovino Architects, PC has completed and submitted a Business Entity Disclosure Certification which certifies that he and his architectural firm have not made any contributions to any political or candidate committee in the Borough of River Edge in the previous one year that would render him ineligible to be awarded this contract, and that the proposed contract prohibits him and his architectural firm from making any such reportable contributions through the term of the contract; and WHEREAS, the Chief Financial Officer has certified that funds are available and said certification is attached to the original of this resolution. NOW THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of River Edge, that a professional services contract be awarded to Arcari & Iovino Architects, PC, having its principal office at One Katherine Street in Little Ferry, NJ 07643 for architectural services for the Borough Hall Repair/Renovation Initial Phase project for a fee not to exceed $18,250; and BE IT FURTHER RESOLVED that the Business Entity Disclosure and the Determination of Value be placed on file with this Resolution; and  BE IT FINALLY RESOLVED, that in accordance with NJSA 40A:11-5 (1)(a)(i) the Borough Clerk shall publish a notice of award of this professional services contract stating the nature, duration, service and amount of the contract, and that the resolution and contract are on file and available for public inspection in the Office of the Borough Clerk in the Record. February 14, 2022 #22-89 Authorize Issuance of Purchase Order – McCabe Environmental Services, LLC WHEREAS, the Mayor and Council has authorized a repair/renovation of Borough Hall; and WHEREAS, due to the age of the building, environmental inspections and testing is required in order to assess the extent of the repairs and renovations; and WHEREAS, the scope of work proposed by McCabe Environmental Services, LLC, qualifies as a professional service under NJSA 40A:11-2(6) and NJSA 40A:11-5; and WHEREAS, the Borough Administrator, Lissette Aportela obtained quote prepared by McCabe Environmental Services, LLC for professional pre-renovation environmental inspections on February 7, 2022, for an estimated cost of $16,920 and has recommended at a purchase order be issued to McCabe Environmental Services, LLC and WHEREAS, Chief Financial Officer Chris Battaglia has advised that funding is available for this service. NOW THEREFORE BE IT RESOLVED by the Mayor and Council of the Borough of River Edge that the Borough Administrator, Lissette Aportela is authorized to issue a purchase order for professional pre-renovation environmental inspections for Borough Hall to McCabe Environmental Services, LLC, having its principal office at 464 Valley Brook Avenue in Lyndhurst, NJ 07071 based on the quote submitted on February 7, 2022, for an estimated cost of $16,920.00. February 14, 2022 #22-90 Resolution Granting a Non-Exclusive Revocable License for an Encroachment on a Borough Easement WHEREAS, James and Alice Barone (Licensee) are the owners of Lot 21, Block 16H, commonly known as 310 Wales Avenue, River Edge, New Jersey (the “Licensee’s Property”); and WHEREAS, Licensee has requested permission to use and maintain a piece of the Borough’s sewer easement located on the westerly side of the Licensee’s property to erect a fence that will extend two and a half (2/5) feet into the Borough’s five (5) sewer easement that is located on the Licensee’s property; and  WHEREAS, this is a Borough right of way which already appears to be part of the Licensee’s property and the Governing Body sees no detriment to the Borough in granting this revocable license; WHEREAS, the Borough has agreed to grant a revocable license to the Licensee subject to the execution of a License Agreement in recordable form prepared by the Borough Attorney. NOW, THEREFORE, BE IT RESOLVED, that a Revocable License be granted for the construction of a fence over the sewer easement at the stated premises. Said license shall be granted with the understanding that the Borough will be permitted access without restriction and will in no way be held responsible for the reconstruction of the fence if access to the easement requires its removal. The removal and replacement of any fence shall be the responsibility of the property owner. BE IT FURTHER RESOLVED, that the Mayor and Council are authorized to execute and deliver a Revocable Non Exclusive License Agreement to the Licensee in conformity with the agreement attached hereto, February 14, 2022 #22-91 A Resolution of the Borough of River Edge Authorizing the Borough’s Entry into a Settlement Agreement and Release with Employee #001054 WHEREAS, Employee #001054 was formerly employed by the Borough of River Edge as its Registered Municipal Clerk; and WHEREAS, the Borough of River Edge is desirous of entering into a Settlement Agreement and Release with Employee #001054; and WHEREAS, the Borough of River Edge and Employee #001054 have agreed to a Settlement Agreement and Release to fully and finally resolve all matters related to the employment relationship between them; and WHEREAS, the Borough of River Edge wishes to approve the Settlement Agreement and Release in substantially the form attached hereto. NOW, THEREFORE BE IT RESOLVED, by the Borough Council of the Borough of River Edge, County of Bergen, State of New Jersey, as follows: 1). The Borough Council hereby approves the Settlement Agreement and Release between the Borough of River Edge and Employee #001054 in substantially the same form as is attached hereto; and 2). The Mayor and Borough Clerk are authorized to execute the Settlement Agreement and Release and to perform such other ministerial tasks as needed to effectuate the provisions of this Resolution and the Settlement Agreement and Release on behalf of the Borough of River Edge; and 3). That this resolution shall take effect immediately. ******** Council President Kaufman read resolution #22-92 into the record: #22-92 Payment of Bills 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 14, 2022. BE IT RESOLVED, that the Mayor and Council of the Borough of River Edge approve the following expenditures. CURRENT FUND $8,655,576.58 CAPITAL FUND $ 488,861.90 GRANT FUND $ 101.29 ANIMAL CONTROL FUND $ 208.80 TRUST OTHER FUND $ 65,405.70 DEVELOPER’S ESCROW FUND $ 7,080.00 SELF INSURANCE TRUST $ 51,854.50 RECREATION TRUST FUND $ 1,245.00 Motion by Council President Kaufman, second by Councilman Chinigo that Resolution #22-92 be approved. On a roll call, the vote was recorded as follows: Councilwoman Busteed: aye Councilwoman Kinsella: aye Councilman Chinigo: aye Councilwoman Malellari aye Council President Kaufman: aye Councilwoman Montisano-Koen: aye ******** NEW BUSINESS – Personnel Related Matter Re: Plumbing Inspector Borough Attorney Sarlo- said that Leonard Herman, the Plumbing Subcode Inspector was sent a Rice Notice to be here to discuss work performance issues. Mr. Herman indicated that he wanted the discussion to take place in open session, waiving his right to privacy. Borough Attorney Sarlo then read the following into record: • The Borough has recently received several complaints concerning your performance of your duties as the Borough’s Plumbing Subcode Official. • In an August 23, 2021 citizen complaints received by the Borough, a Borough resident complained that you: (1) used inappropriate and offensive language and tone in addressing her during a plumbing inspection, including telling the resident that her questions were “stupid” and that she was “wasting your time”; (2) that you failed to wear a face mask/covering while working indoors; (3) demanded that the complaining resident remove her face mask during the inspection; and, (4) ignored the resident’s questions and concerns related to the inspection, resulting in the resident’s fear that you did not conduct a proper inspection and that future issues and/or injuries may arise as a result of such improper inspection. • The resident responsible for the August 23, 2021 citizen complaint also indicated in her complaint that she had been in contact with her attorney regarding what had transpired during your inspection of her home. • In a November 16, 2021 citizen complaint received by the Borough, another Borough resident complained that you: (1) failed to actually inspect his hot water heater before approving it as in conformance with code; (2) parked in his driveway in a way that obstructed the sidewalk in front of his home; and, (3) refused the resident’s request that you put covers on your shoes while inside his home. • The resident responsible for the November 16, 2021 complaint also indicated that the manner in which you conducted your inspection did not make him feel safer knowing that the inspection was conducted properly or that there were actually no issues with his hot water heater. • Further, following the Borough’s appointment of its current Construction Official on January 1, 2022, the Construction Official notified the Borough that he, too, had received several complaints from residents and contractors stating that you: (1) conducted inspections in a manner that was not compliant with the regulations of the Borough Construction Department and the New Jersey Department of Community Affairs; (2)did not conduct a thorough inspection on every level of the structure under inspection; (3) failed to inspect mechanicals in residents’ basements and attics when conducting Rough and Final Inspections; and, (4) used verbally abusive language towards residents, including telling a resident that they were “wasting your time.” • The Construction Official stated that the Borough Construction Department and the inspections it conducts for residents operate for the safety of the public and opined that the issues that had been brought to his attention concerning your performance of your plumbing subcode responsibilities failed that pledge. • As a plumbing subcode official subject to the provisions of the Uniform Construction Code, you have a legal obligation to conduct all inspections in the Borough in conformance with the requirements of the Code. Assuming that these residents’ complaints are accurate, your failure to actually conduct a proper inspection of their homes prior to certifying that they were in compliance with code amounts to a substantial deviation from the standards governing the performance of your duties as a subcode official. • Failing to perform inspections in accordance with the requirements of the Uniform Construction Code not only jeopardizes the health, safety, and property of the  Borough residents for whom you conduct such inspections, but also subjects the Borough itself to the possibility of future litigation and any resulting financial burden in the event that your failure to properly inspect causes any physical or financial injury to Borough residents. • Additionally, the Borough currently requires that its employees wear face masks while interacting with members of the public during their performance of Borough work. Your failure to do so presents a health and safety hazard to yourself, members of the public, and the other Borough employees with whom you may interact and represents a departure from the Borough’s decided- upon health and safety protocols during the COVID-19 pandemic. • As a Borough employee, you are required under the Borough’s employment policies to conduct yourself in a manner that will tend to preserve public confidence in and respect for the Borough and to treat all citizens with courtesy, impartiality, fairness, and equality. The information that the Borough has received regarding your conduct in interacting with its residents demonstrates that you have failed to comply with that requirement. • As a result, the Borough will not tolerate any additional complaints regarding either the manner in which you interact with Borough residents or the manner in which you conduct inspections as the Borough’s Plumbing Subcode Official. • In the event that the Borough is made aware of any additional complaints which call into question the propriety of your conduct as a Borough employee, the Borough will take appropriate remedial action against you, which may include institution of disciplinary proceedings in accordance with the Borough’s employment policies and/or a request that the Department of Community Affairs conduct an investigation into your performance of your responsibilities under the Uniform Construction Code. Borough Attorney Sarlo noted that the Borough Administrator, Lissette Aportela, and Labor Attorney, Matthew Giacobbe, feel that the complaints outlined and conduct in performance are cause for significant concern and the Borough should not tolerate any further behavior. He further noted that tonight was an opportunity for Mr. Herman to respond to the concerns and requirements just outlined. Borough Administrator and Labor Counsel indicated that should further complaints be received, swift and appropriate action should be taken. Illegal Occupancy Ordinance Mayor Papaleo- explained that the Code Enforcement Officer and Municipal Prosecutor have been in communication with him regarding a few illegal apartments that exist within the municipality. He advised that he is recommending that Borough Attorney Sarlo communicate with the Prosecutor and Code Official to amend the current ordinance. The consensus of the governing body was to have Borough Attorney Sarlo investigate current ordinances for possible amendments. River Edge Little League Proposed Project – Memorial Park Batting Cages Councilwoman Kinsella – said that the Little League would like approval to enhance two batting cages. Frank Stramiello, 166 Lozier Terrace,-said that the Little League is looking to enhance two batting cages that are in need of repair. After researching what the professionals use, it was found to be affordable. He explained that they need Borough approval as there is a need to excavate 5 inches of soil so that it drains properly. Councilman Chinigo- questioned whether this project would need to go out to bid. He expressed his opinion that the Recreation Director should be present to speak on this issue. Although he commented that this request appears to be reasonable, he advised that he has questions and concerns that he believes should be addressed prior to giving approval. On motion by Councilwoman Kinsella, second by Councilwoman Kaufman, with Councilman Chinigo voting to oppose and all other members present voting in favor, that the Little League Batting Cage project be approved. Sump Pump Discharge Mayor Papaleo- said that complaints have been received regarding sump pump discharge and a sample ordinance to address this issue has been received. It was the consensus of the governing body to authorize Borough Attorney Sarlo to prepare an ordinance to address this issue. River Edge Swim Club Council President Kaufman- said that members of the River Edge Swim Club are looking to renegotiate their lease and would like this matter to be brought in front of the Council for discussion in the near future. Shade Tree/Library Construction Update Councilwoman Montisano-Koen said that members of Shade Tree created an intake form which has been placed on the website. Councilwoman Montisano-Koen also reported that the Library construction began on February 7th and so far is going smoothly. OLD BUSINESS – Guidance for attendance at in-person meetings Mayor Papaleo- said that, although he had concern about whether the Council Chambers will be available by March 1st, he learned today that the boxes that were being stored in this room have been moved and the sound system issues have been resolved. Council President Kaufman- advised that they will need to move recording equipment back into the Council Chambers. Mayor Papaleo- suggested that the Borough Clerk work with the DPW Superintendent to have this equipment moved at the appropriate time. There was discussion about where the committees and commissions would meet and it was agreed that Council Chambers would be a viable option. There was also discussion about masks and social distancing requirements. It was agreed that masks would be required inside the Municipal Building and CDC requirements would be followed for social distancing. Budget Meeting Dates Mayor Papaleo announced that the first Budget Meeting will be held virtually on February 26th at 8 a.m. and the second Budget Meeting will be held on March 2nd in Council Chambers. He noted that the link for the virtual meeting can be found on the Borough website. Sergeant interviews will be conducted on Wednesday and Thursday of this week. PUBLIC COMMENTS – Motion by Councilwoman Montisano-Koen, second by Councilwoman Malellari and all members present voting in favor, to open public comments. No one came forward. Motion by Councilwoman Montisano-Koen, second by Councilwoman Malellari, and all members present voting in favor, to close public comment. COUNCIL COMMENTS – Councilwoman Busteed- announced that Green Team Chair, Bonnie Stewart, has decided not to renew her term with the Green Team. Councilwoman Busteed publicly thanked her for the tremendous job she has done. The Environmental Protection Commission and remaining members of the Green Team have decided to work closely together and step up to continue programming. Councilwoman Busteed wished Bonnie well. Mayor Papaleo- said Bonnie is so gifted in organizing so many events and feels that she0 should be recognized for her many years of service. Councilwoman Kinsella- announced that the River Edge Run will take place on April 30th and this year marks its 40th anniversary. She expressed hope that everyone signs up to make it a wonderful event again. ADJOURNMENT – There being no further business to come before the Mayor and Council, on a motion by Councilwoman Kaufman, second by Councilman Chinigo and unanimously carried, to adjourn this meeting. The meeting was adjourned at 8:16 p.m. Respectfully submitted, Anne Dodd, RMC Borough Clerk