Mayor & Council

MINUTES Mayor and Council Regular Meeting March 14, 2022 7:00 P.M. CALL TO ORDER – A Regular Meeting of the Mayor and Council of the Borough of River Edge was held 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 7:02 p.m. by Mayor Thomas Papaleo. SILENT PRAYER – FLAG SALUTE Mayor Papaleo asked for a moment of silence for all those in Europe, Ukraine and neighboring countries and everyone in the world who is in danger of conflict and nuclear weapons. He asked that it be kept in mind that what goes on across the ocean does not stay across the ocean. The Mayor asked Council President Kaufman to lead 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, Councilwoman Malellari Councilwoman Montisano-Koen and Mayor Papaleo. ABSENT: None ALSO PRESENT: Borough Administrator Lissette Aportela Borough Attorney Thomas Sarlo, Esq. FOR DISCUSSION – Library Board – Capital Budget Request Lissette Aportela, Borough Administrator – reported that Daragh O’Connor, Library Director, was asked to provide an explanation on the workstations that he requested as part of the Capital Budget and to look for another vendor for comparable pricing. Daragh O’Connor- explained that, as part of best practices, at least three quotes are obtained for any purchase. He noted that, although $15,000 is the budgeted amount, less may be spent once exactly what is needed has been determined. Members of the governing body raised concerns over the cost for these workstations and questioned whether a less expensive alternative had been explored. Mr. O’Connor explained that, in 2009, these desks were identified as a need by an interior designer who was hired to identify issues within the Library. He explained that the current furniture is over 40 years old and no longer meets the needs of the staff. He noted that the new furniture is built to last over 20 years and will enhance efficiency. As the quote is only a rough figure, he expressed his belief that the actual expenditure will be less than the budgeted amount. Although the possibility of replacing a few desks this year and replacing the remainder the following year was discussed, it was the consensus of the Council to leave the full amount in the budget. Masking Policy Daragh O’Connor -said that he has polled the Library employees more than once and they are all ready to stop wearing masks. He explained that they are with the public all day and he, being a notary public, has people coming in his office a few times a day. He said that they are all vaccinated and noted that anyone who feels more comfortable wearing a mask can continue to do so. Lissette Aportela- stated that all staff and members of public are required to wear a mask in the building and there is also a sign posted on the front door. On motion by Councilman Chinigo, seconded by Councilwoman Busteed, all members present voting in favor, to remove the mask mandate. Recess - On motion by Councilman Chinigo, second by Council President Kaufman, and all members present voting in favor, to have a brief recess at 7:18 p.m. Meeting resumed at 7:25 p.m. ROLL CALL PRESENT: Councilwoman Busteed, Councilman Chinigo, Council President Kaufman, Councilwoman Kinsella, Councilwoman Malellari Councilwoman Montisano-Koen and Mayor Papaleo. Personnel Committee Update – 2022 Budget Mayor Papaleo- explained that guidance was provided by the Borough Attorney on whether certain items discussed by the Personnel Committee should be presented in open or closed session. The Borough Attorney advised that, as these are budgetary topics, they must remain in open session. Mayor Papaleo asked the Borough Administrator to read the minutes of the Personnel Committee. Lissette Aportela - stated that the Personnel Committee met with the Construction Official who requested a salary increase of $5,000, the DPW Superintendent who requested an increase for noncontractual employees of his department to be raised from to 2% to 3%, and the Police Chief who requested the same increase for noncontractual employees of his department which would cover crossing guards and dispatchers. She noted that the percentage increases for the DPW and Police have already been built into the budget. The Police Chief also requested a salary increase for the Police Secretary to $55,000 as a base which will require an ordinance amendment to update the salary range. She explained that there was also discussion regarding the remaining noncontractual Borough employees and whether to provide a 3% salary increase to them. She noted that this increase was not incorporated into the current budget and would result in a $7,500 increase. The last item is to increase the compensation of the Borough Attorney from $25,000.00 to $30,000.00 which is already included in the budget. She said that the Personnel Committee agreed to the proposed changes which are being placed before the governing body for consideration. She noted that there is one remaining item that is not ready for discussion at this time and would fall under Closed Session. Mayor Papaleo – said that there was lengthy discussion about the employee market and the difficulty there has been in attracting applicants for the vacant positions within the Borough. He advised that the Personnel Committee was unanimous with their recommendations and noted that these changes will be retroactive to January 1st of this year. On motion by Councilwoman Busteed, seconded by Councilman Chinigo, to place the Personnel Committee recommendation before the governing body. 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 Recreation Topics River Edge Run Banner Carolyn Baldanza, Recreation Director- said that she is requesting permission to hang the banner for the River Edge Run on the corner of Kinderkamack Road and Main Street from March 30th through April 30th. Mayor Papaleo- stated that this request comes before the governing every year and asked Mr. Sarlo whether this current body can bind a future body to an ongoing approval. Tom Sarlo- confirmed that this governing body is unable to bind a future body to an ongoing approval. He suggested that a resolution be listed on the Reorganization Meeting agenda every year to approve this request. On motion by Councilman Chinigo, second by Council President Kaufman, and all members present voting in favor, to have a resolution listed on the reorganization meeting approving the yearly banner display for the River Edge Run. Repurposing of 2021 Open Space Grant Carolyn Baldanza, Recreation Director- said that, with respect to the repurposing of the 2021 Open Space grant, she met with Jason Milito, DPW Superintendent, and Jeyson Flores and Rob Costa from Costa Engineering to do a walkthrough of Memorial Park with Councilwoman Kinsella. She explained that the proposed project would entail replacing the dasher boards, addressing drainage issues around the dasher boards and enhancing the batting cages. She advised that the estimated cost for this project is $188,475 and the grant that was received is in the amount of $194,000. On motion by Councilman Chinigo, seconded by Councilwoman Montisano-Koen and all members present voting in favor, to approve the repurposed items presented by Carolyn Baldanza for the 2021 Open Space Grant. Lissette Aportela- explained that the next step is to prepare a new application to repurpose this grant and adopt a resolution to authorize its submission. She advised that, although she is aiming to list this resolution on the April 14th agenda, she will need to look at the calendar for timing as a legal notice is required for the public hearing on the pending application. She recommended that amount for the original project be kept in the budget. APPROVAL OF MINUTES – On motion by Council President Kaufman seconded by Councilwoman Malellari, to approve the minutes of the Mayor and Council Regular Meeting of February 14, 2022, Mayor and Council Special Meeting of February 26, 2022, and Mayor and Council Regular Meeting and Closed Session of February 28, 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 PROCLAMATIONS & AWARDS Mayor Papaleo said that it is his pleasure to present this proclamation to Councilwoman Busteed who has a remarkable past and present, advising that she is a founding member of WEDO, has been a longtime member of Council and has many other achievements making her a worthy recipient. The Mayor then read the following proclamation into the record: PROCLAMATION Whereas, American women of every race, class, and ethnic background have made historic contributions to the growth and strength of our Nation in countless recorded and unrecorded ways; and Whereas, American women have played and continue to play a critical economic, cultural, and social role in every sphere of the life of the Nation by constituting a significant portion of the labor force working inside and outside of the home; and Whereas, American women have played a unique role throughout the history of the Nation by providing the majority of the volunteer labor force of the Nation; and Whereas, American women were particularly important in the establishment of early charitable, philanthropic, and cultural institutions in our Nation; and Whereas, American women of every race, class, and ethnic background served as early leaders in the forefront of every major progressive social change movement; and Whereas, American women have been leaders, not only in securing their own rights of suffrage and equal opportunity, but also in the abolitionist movement, the emancipation movement, the industrial labor movement, the civil rights movement, and other movements, especially the peace movement, which create a more fair and just society for all; and Whereas, despite these contributions, the role of American women in history has been consistently overlooked and undervalued, in the literature, teaching and study of American history. Now, Therefore, Be It Resolved that I, Thomas Papaleo, Mayor of the Borough of River Edge, in recognition thereof, do hereby proclaim the month of March 2022 as: “Women’s History Month” In Witness Thereof, I have hereunto set my hand and caused the Seal of the Borough of River Edge to be affixed this March 14, 2022. Councilwoman Busteed - thanked everyone for this honor and said that it’s very meaningful to her. She said that the people of River Edge have been very lucky to have very esteemed women serve on the governing body starting with Mary Donohue to the newest Councilwoman, Klodiana Malellari. She commented that she is a true believer that if you can see her, you can be her. PUBLIC COMMENTS ON ANY ITEM ON THIS AGENDA – On motion by Councilwoman Kinsella, 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 Councilwoman Kaufman, seconded by Councilwoman Montisano-Koen, and all present voting in favor, to close public comments on any item on the agenda. APPOINTMENTS & PERSONNEL CHANGES – On motion by Councilman Chinigo, seconded by Councilwoman Busteed, to approve the following appointments and personnel changes: Approve the salary change of Gabriel Colucci, Patrol Officer from an annual salary of $63,067.00 to Patrol Officer 16th grade - $72,526.00 effective April 8, 2022. Approve the salary change of Jason Milito, Superintendent of Public Works from an annual Step 3 salary of $145,054.61 to Step 4 - $151,648.00 plus longevity, effective March 11, 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: Library Board - March 2022 Tax Collector - February 2022 Land Use Board - February 9, 2022 Land Use Board - February 23, 2022 RESOLUTIONS - By Consent Mayor Papaleo noted that Resolution #22-116 to amend the By-Laws was walked in this evening. Borough Clerk Dodd explained that this resolution will amend the start time of the meetings from 6:30 p.m. to 7:00 p.m. as well as establish a two-minute time limit for public comment. a. #22-108 Approve Change Order #2 - 2021 Storm and Sanitary Sewer Improvements at Manchester Road b. #22-109 Authorize Issuance of a Purchase Order – Department of Public Works  Roof Replacement Project c. #22-110 Authorize Issuance of a Purchase Order – Replacement of HVAC System at River Edge Fire Department Company #1 d. #22-111 Approve the Hire of a Full-time Laborer in the Department of Public Works e. #22-112 Award Contract – 2021 ADA Ramps at Various Locations f. #22-113 Refund of Performance Escrow for the Property Located at 322 Van Saun Court, Block 1107, Lot 34 g. #22-116 Amend By-Laws of the River Edge Mayor & Council Motion by Councilwoman Kaufman, second by Councilwoman Busteed, 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 #22-108 Approve Change Order #2 - 2021 Storm and Sanitary Sewer Improvements at Manchester Road WHEREAS, via resolution #R21-154, adopted May 24, 2021, the Mayor and Council authorized the award of a contract to Matina & Son, Inc., for the 2021 Storm and Sanitary Sewer Improvements at Manchester Road project in the amount of $315,000.00; and WHEREAS, N.J.A.C. 5:34-4.7 permits change orders for construction, reconstruction and major repair contracts; and WHEREAS, there is a need to consider Change Order No 2 due to a decrease in the total contract price which resulted in a decrease of $1,103.46; and WHEREAS, the total amount of change orders approved to date including this change order do not exceed the originally awarded contract price by more than 20 percent; and WHEREAS, Change Order No. 2 had been reviewed and approved by the Borough Engineer. NOW THEREFORE BE IT RESOLVED by the Mayor and Council of the Borough of River Edge that it does hereby authorize Change Order No. 2, a copy of which is attached hereto. BE IT FURTHER RESOLVED that the Borough Administrator is hereby authorized to execute Change Order #2. BE IT FURTHER RESOLVED that this Change Order shall decrease the final contract price from $333,947.25 to $332,843.79. March 14, 2022 ******** #22-109 Authorize Issuance of a Purchase Order – Department of Public Works Roof Replacement Project WHEREAS, via resolution #R19-287, adopted August 12, 2019, the Mayor and Council authorized the issuance of a purchase order for a Solargard Metal Roof to Weatherproofing Technologies, Inc., for the Department of Public Works Replacement Project in the amount of $149,884.01; and WHEREAS, via resolution #22-102, adopted on February 28, 2022, the Mayor and Council authorized a change order due to the need to retain the services of another contractor to complete the project which resulted in a decrease of $25,900.00; and WHEREAS, the Superintendent of the Department of Public Works, Jason Milito has solicited quotes for this project from three vendors and has recommended that a purchase order be issued to Paino Roofing Co., Inc. based on the quote received for a total cost of $25,900; and  WHEREAS, Stephen Paino, Owner of Paino Roofing Co., Inc has completed and submitted a Business Entity Disclosure Certification which certifies that he and his company 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 company 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 purchase. NOW THEREFORE BE IT RESOLVED by the Mayor and Council of the Borough of River Edge that the Superintendent of the Department of Public Works, Jason Milito is authorized to issue a purchase order for the completion of the Department of Public Works roof replacement project consisting of the replacement of north and south walls of 3 clearstories on the roof to Paino Roofing, Co., Inc having its principal office at 75 Voorhis Lane in Hackensack, NJ 07601 based on the quote submitted on February 3, 2022, in the amount of $25,900.00. March 14, 2022 ******** #22-110 Authorize Issuance of a Purchase Order – Replacement of HVAC System at River Edge Fire Department Company #1 WHEREAS, the replacement of the HVAC system for the River Edge Fire Department Company #1 was authorized in the 2021 capital budget; and WHEREAS, the Superintendent of the Department of Public Works, Jason Milito has solicited quotes for this project from three vendors and has recommended that a purchase order be issued to Great White Mechanical, LLC based on the quote received for a total cost of $34,710.00; and WHEREAS, Dylan Neumann, Owner of Great White Mechanical, LLC has completed and submitted a Business Entity Disclosure Certification which certifies that he and his company 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 company 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 purchase from the 2021 capital budget. NOW THEREFORE BE IT RESOLVED by the Mayor and Council of the Borough of River Edge that the Superintendent of the Department of Public Works, Jason Milito is authorized to issue a purchase order for the replacement of the HVAC system for the River Edge Fire Department Company #1 project to Great White Mechanical, LLC having its principal office at 23 Birch Street in Midland Park, NJ 07432 based on the quote submitted on December 15, 2021, in the amount of $34,710.00. March 14, 2022 ******** #22-111 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 Romano 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 March 30, 2022. March 14, 2022 ******** #22-112 Award Contract – 2021 ADA Ramps at Various Locations WHEREAS, on Wednesday, February 23, 2022, at 10:00 a.m., seven bids were submitted at the date and time specified for the 2021 ADA Ramps at Various Locations Project for the Borough of River Edge and the Borough Administrator did open and read each bid aloud; and WHEREAS, the Borough Engineer has reviewed the bid as submitted by Vektor Corporation, Inc., in the amount of $158,055.00, and has recommended the bid be awarded to Vektor Corporation, Inc.; and WHEREAS, Chief Financial Officer Chris Battaglia has certified funds are available for this project. NOW THEREFORE BE IT RESOLVED by the Mayor and Council of the Borough of River Edge that a contract for the 2021 ADA Ramps at Various Locations Project for the Borough of River Edge shall be awarded to Vektor Corporation, Inc., having its principal office at 348 Schoolhouse Road in Monroe Township, NJ 08831 in the amount of $158,055.00 based on the bid, submitted on February 23, 2022; and BE IT FURTHER RESOLVED that the Mayor and Borough Clerk are hereby authorized to sign said contract on behalf of the Borough of River Edge. March 14, 2022 ******** #22-113 Refund of Performance Escrow for the Property Located at 322 Van Saun Court, Block 1107, Lot 34 WHEREAS, Hubert Marszalek of HEM Home Builders LLC deposited $5,000.00 in escrow to complete landscaping and drainage within 90 days of the project completion at the property located at 322 Van Saun Court, Block 1107, Lot 34; and WHEREAS, the Borough Engineer has performed all final inspections. NOW, THEREFORE, BE IT RESOLVED that the Accounts Supervisor is authorized to make the following refund: Block/Lot Name & Address Amount 1107/34 Hubert Marszalek $5,000.00 HEM Home Builders LLC 17 Sherwood Street Clifton, NJ 07013 March 14, 2022 ******** #22-116 Amend the By-Laws of the River Edge Mayor and Council WHEREAS, By-Laws of the River Edge Mayor and Council were adopted via Resolution #22-01 on January 4, 2022; and WHEREAS, there is a need to amend said By-Laws. NOW THEREFORE BE IT RESOLVED, by the Mayor and Council of the Borough of River Edge that Section 2 of Article VI entitled “Meetings” of the By-Laws of the Mayor and Council is hereby amended to reflect that all meetings shall begin at 7:00 p.m. unless otherwise designated; and BE IT FURTHER RESOLVED, that Section 2 entitled “Decorum” of Article VIII entitled “Parliamentary Procedure” of the By-Laws is hereby amended to add clause (d)5 which will read as follows: 5. Public comment will be limited to two (2) minutes per speaker. March 14, 2022 ******** Councilwoman Kaufman read resolution #22-114 into the record: #22-114 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 March 14, 2022. BE IT RESOLVED, that the Mayor and Council of the Borough of River Edge approve the following expenditures. CURRENT FUND $463,215.53 CAPITAL FUND $105,198.19 GRANT FUND $ 1,842.85 ANIMAL CONTROL FUND $ 144.60 TRUST OTHER FUND $156,335.24 PAYROLL FUND $ 28,999.00 TRUST OTHER DEVELOPER’S FUND $ 2,090.00 RECREATION TRUST FUND $ 1,020.44 Motion by Councilwoman Kaufman, second by Councilman Chinigo, that resolution #22-114 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 – None OLD BUSINESS – Lissette Aportela- reported that the BCUA bill was received and the CFO was on target with his estimate. As such, adjustments to the budget are not necessary. Council President Kaufman- requested an update on the Borough Hall construction. Lissette Aportela- stated that the environmental company evaluated the first and second floors of Borough Hall last Wednesday. She advised that she will be meeting with the architect later this week to begin developing the plans for demolition as well as with the DPW Superintendent to discuss the move to the public safety side. Mayor Papaleo- asked for a timeframe for when paving would commence. Lissette Aportela – explained that Continental Avenue is a holdover from last year, and provided that there are consistent overnight temperatures above 50 degrees, paving is tentatively scheduled for April. She explained that all other roads are paved through the Riverside Cooperative. A bid opening is anticipated to be held in mid-April, and once a contract is awarded, the Borough will learn which roads can be paved. It was agreed to list an update on construction projects as a permanent agenda item under Old Business. Lissette Aportela- said that she will be reaching out to the Borough Engineer to set up a pre-construction meeting for the ADA Ramp project. PUBLIC COMMENTS – Motion by Councilwoman Busteed, second by Councilwoman Kinsella, and all members present voting in favor, to open public comments. No one came forward. Motion by Councilwoman Kaufman second by Councilwoman Montisano-Koen, and all members present voting in favor, to close public comment, all in favor. COUNCIL COMMENTS – None CLOSED SESSION – There being no further business to come before the Council, on a motion from Councilman Chinigo, seconded by Councilwoman Montisano-Koen, and all present voting in favor, the meeting was adjourned to the Closed Executive Session via Resolution #22-115 at 7:53 pm. #22-115 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 March 14, 2022, regular meeting and discussion of the hereinafter specified subject matter: Closed Session Statutory Docket # Item Title or Description Reference 22-3/14-1 Attorney Client Privilege – N.J.S.A. 10:4-12(b)(7) OPMA 22-3/14-2 Personnel – Review of N.J.S.A. 10:4-12(b)(8) Chapter 79 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. The public meeting resumed at 8:48 p.m. PUBLIC COMMENTS – Motion by Councilman Chinigo, second by Councilwoman Busteed, and all members present voting in favor, to open public comments. Raymond Stitz-210 Mohawk Drive – referenced the encroachment issue of the resident on Fifth Avenue that was addressed at the last Mayor and Council meeting and reported that there is a similar issue on the Oak Avenue paper street. He said that everyone has encroached on Borough property by planting shrubs especially by Adams Avenue. He asked whether these areas would become part of a new owner’s property if and when a house gets sold. It was confirmed that this property would still belong to the Borough. As the Borough is looking at addressing sump pump discharge, Mr. Stitz noted that certain builders are putting sump pumps in collection tanks, so when the switch goes on, a torrid of water goes down street all year long. He suggested that this issue also be explored as part of the amendments to the Borough Code. Tom Sarlo, Esq.- said that he is working with the Borough Engineer to draft a sump pump ordinance which is anticipated to be presented at the April meeting. He advised that that he will discuss this issue with Mr. Costa. Motion by Councilwoman Busteed second by Councilwoman Montisano-Koen, and all members present voting in favor, to close public comment, all in favor. ADJOURNMENT – There being no further business to come before the Mayor and Council, on a motion by Council President Kaufman, second by Councilman Chinigo, and unanimously carried, to adjourn this meeting. The meeting was adjourned at 8:55 p.m. Respectfully submitted, Anne Dodd, RMC Borough Clerk