Mayor & Council

MINUTES Mayor and Council Regular Meeting February 27, 2023 7:00 P.M. CALL TO ORDER – A Regular Meeting of the Mayor and Council of the Borough of River Edge was held virtually via Zoom. 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 Kevin O’Boyle, former Senior Bus Driver, who passed away after recently resigning due to medical issues as well as for all those who have passed away since the last Mayor and Council meeting. Mayor Papaleo then led those present in a salute to the flag. STATEMENT OF COMPLIANCE - Mayor Papaleo read the Statement of Compliance into the record as follows: Statement of Compliance with Open Public Meeting Act: This meeting complies with the Open Public Meeting Act by notification on January 9th 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 website and filing a notice of the same with the Municipal Clerk. ROLL CALL PRESENT: Councilman Chinigo, Council President Kaufman, Councilwoman Montisano-Koen, Councilwoman Kinsella, Councilwoman Malellari, Councilman Benson (arrived at 7:05 p.m.) and Mayor Papaleo. ABSENT: None ALSO PRESENT: Borough Administrator Lissette Aportela Borough Attorney Thomas Sarlo, Esq. APPROVAL OF MINUTES – On a motion by Council President Kaufman, seconded by Councilwoman Kinsella, with Councilman Chinigo, Council President Kaufman and Councilwoman Montisano-Koen abstaining and all other members present voting in favor, that the Minutes of the Mayor and Council Regular Meeting of February 16, 2023 are hereby approved APPOINTMENTS & PERSONNEL CHANGES – On motion by Councilwoman Kinsella, seconded by Councilwoman Malellari, and all members present voting in favor, to approve the following appointments and personnel changes: Approve the appointment of Christine Moran as the Superintendent of Schools Representative to the Library Board of Trustees through 6/30/23. Approve the resignation of Kevin O’Boyle, part-time Senior Bus Driver effective 2/23/23. PROCLAMATIONS & AWARDS Certificates of Recognition to River Dell Flight Team Winners Team De Leon Mayor Papaleo presented Certificates of Recognition to the following players and coaches for winning their Fall 2022 Flight Division 13U Boys Northeast Region–US Club Soccer: Haig Adishian Edward Baker Giancarlo Bosco Javier Deleon Brody Gibney Jathnial Iyonsi Daniel Marcus Lin Enzo Lucchesi James Mouser Anthony Sansanelli Massimo Sansanelli Michael Smith Conor Sullivan Coach Marcelo De Leon Assistant Coach Ferdinando Bosco Assistant Coach Jonathan Smith Assistant Coach Christopher Sullivan Assistant Coach Sullivan advised that the boys went 7-3-0 with 21 goals scored for them and 19 against. He noted that it was a competitive season with a fairly new team and expressed that they are looking forward to the spring season. Team Oltmanns Mayor Papaleo presented Certificates of Recognition to the following players and coaches for winning their Fall 2022 Flight Division 10U Boys Northeast Region–US Club Soccer: Sami Abbassi Joseph Cabbad Brian Danbe Timothy Donaghy Avery Edwards Bradley Gentile Troy Kim Tyler Kim Nicholas Lamarca Daniel McCormick Luke Oltmanns James Talty Alexander Zeizafoun Coach Andrew Oltmanns Assistant Coach Sam Abbassi Assistant Coach Janna Danbe Assistant Coach Diana Musano Mike Ruiz de Somocurcio advised that the boys ended their season 8-1-1, scoring 53 goals while giving up 29. He further advised that, as a result of their win, they will be promoted for the upcoming spring season. He congratulated the team on this accomplishment. Team Sullivan Mayor Papaleo presented Certificates of Recognition to the following players and coaches for winning their Fall 2022 Flight Division 9U Boys Northeast Region–US Club Soccer: Weston Barrabee Henry Dzamba Thomas Gandolfo Liam Grimes Alexander Kang Luke Lamarca Luke Mannocchio Matthew Nutland Anthony Rute Robert Snider Blake Strasser Jack Sullivan Logan Theodorakos Peter Woods Coach Christopher Sullivan Assistant Coach Mark Strasser Assistant Coach Peter Theodorakos Coach Sullivan reported that this team went 8-1-1, scoring 56 goals while only giving up 16. He noted that this season was their first winning season and announced that the team will be moving to C Flight in the spring. Team Lucey Mayor Papaleo presented Certificates of Recognition to the following players and coaches for winning their Fall 2022 Flight Division 9U Girls Northeast Region–US Club Soccer: Ariana Budzakoski Liliana Como Emilia Deitch Gianna Fortini Emma Francisco Brooke Goldberg Breanna Heydt Melinda Houghtalin Abigail Konidaris Alexa Lozano Fiona Lucey Avery Pratt Jordan Sabella Collette Witty Coach Jemi Lucey Assistant Coach Jose Lozano Assistant Coach James Houghtalin Rita Houghtalin thanked the girls for doing a wonderful job. She commented that they had a tremendous season having gone 10-0, scoring 69 goals and giving up 22. She advised that the team has been promoted two flights and commented that this season really brought the girls together. She thanked the Mayor and Council and the Blackhawks for this recognition. PRESENTATIONS – Anthony Iovino – Borough Hall Project – Proposed Plans Anthony Iovino, Architect of Arcari & Iovino, reviewed the proposed floor plans for the Borough Hall Repair project. He commented that by pairing down the nurse’s area on the first floor, it allowed the Recreation Department to be moved downstairs and there is now a legitimate break room on the second floor. He advised that there are two means of egress, two meeting spaces and the file room space has been expanded. He expressed that he may be able to remove the glass enclosure on both floors for staircase #1 which would free up more space for the lobby area. With respect to the outside of the building, he explained that the portico will be taken down and this area will be reframed to become a masonry enclosure. He advised that there is a proposal on the agenda this evening to redo the roof over Wing A and B in a faux slate which will reduce the weight of the roof materials. He advised that there has been discussion about enhancing the accessibility of the staff into the Finance office and changing the lighting in Council Chambers and Finance. He noted that the bathrooms and lobby area will need to be addressed due to settling that was discovered. He advised that he is working with the Borough Engineer with respect to making the entrance to Borough Hall accessible, noting that Costa Engineering already has plans prepared which will greatly reduce the projected cost. With respect to costs, he estimated that it would be an additional $150,000 to $200,000 to include the bathrooms, lighting in Council Chambers and Finance, and improvements to the entrance. In regard to the elevator, he advised that the only issue that must be addressed is to change the open area gate to a fire-rated door which he commented is a simple fix. He reviewed the anticipated timeline, noting that the only variable is the lead time that is needed to order the mechanical equipment. Concerns were raised over whether the configuration of the offices would meet the needs of the employees. Borough Administrator Aportela expressed her opinion that the proposed plan will meet the needs of the staff, especially with respect to the Building Department. A question arose as to which areas would be refloored. Mr. Iovino commented that the only areas currently not included for reflooring are Council Chambers and Finance. He recommended that both areas be included and stated that it would not be a big cost. It was the consensus of the governing body to authorize the proposed additional scope of work for the Borough Hall Repair project to include Finance office accessibility, Wing B lighting at both floors, roof replacement at Wings A and B, entrance ramp and canopy replanning with the Borough Engineer, and bathrooms and floor framing at the lobby bathrooms in Wing B. The plans for the front entrance as prepared by Costa Engineering are to be circulated to the governing body for review. PUBLIC COMMENTS ON ANY ITEM ON THIS AGENDA – On motion by Councilwoman Kinsella, seconded by Council President 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 Council President Kaufman, seconded by Councilwoman Kinsella, and all present voting in favor, to close public comments on any item on the agenda. RESOLUTIONS - By Consent a. #23-90 Approve Change Order # 1 – 2022 Road Improvement Program b. #23-91 Amend Contract – Architectural Services – Borough Hall Addition and Renovation – Arcari & Iovino Architects, PC c. #23-92 Amend Approval for Additional Engineering Services – 2022 ADA Ramps at Various Locations d. #23-93 Amend Approval for Additional Engineering Services – Kenneth B. George Park – Ball Field Upgrades Motion by Councilwoman Montisano-Koen, second by Councilwoman Malellari, that the Consent Agenda be approved. Councilman Benson asked for additional information on Resolution #23-93. Borough Administrator Aportela explained that there were grant applications submitted for improvements to KBG. She further explained that, due to the proximity to the river, there is environmental and surveying work involved and the State required that the scope be expanded to include the DPW and River Edge Swim Club. In order to determine what upgrades will be permitted, she advised that information from the DEP is awaited. The vote was recorded as follows: Councilman Chinigo: aye Councilwoman Kinsella: aye Council President Kaufman: aye Councilwoman Malellari aye Councilwoman Montisano-Koen: aye Councilman Benson: aye ******** #23-90 Approve Change Order #1 – 2022 Road Improvement Program WHEREAS, via resolution #R22-182, adopted May 23, 2022, the Mayor and Council authorized the award of a contract to American Asphalt & Trucking, LLC for the 2022 Road Improvement Program in the amount of $492,102.32; 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 1 due to decrease in quantity which resulted in an decrease of $36,813.39; 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. 1 has 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. 1, a copy of which is attached hereto.  BE IT FURTHER RESOLVED that the Borough Administrator is hereby authorized to execute Change Order #1. BE IT FURTHER RESOLVED that this Change Order shall decrease the final contract price from $492,102.32 to $455,288.93. ******** #23-91 Amend Contract – Architectural Services – Borough Hall Addition and Renovation – Arcari & Iovino Architects, PC WHEREAS, the Mayor and Council awarded a professional services to Arcari & Iovino Architects, PC, for the Borough Hall Addition and Renovation Project via Resolution #22-230 on August 1, 2022; and; WHEREAS, at the conclusion of the selective demolition of Borough Hall (Wing A), the Mayor and Council determined that additional improvements are required involving Wing B and the entrance walkway; and WHEREAS, the Borough Administrator, Lissette Aportela received a proposal prepared by Arcari & Iovino Architects, PC for professional architectural services on February 20, 2023, for a fee not to exceed $17,000 for the additional scope of work; and WHEREAS, a completed Business Entity Disclosure Certification and Political Contribution Disclosure Form are on file in the Borough Clerk’s Office; 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 the professional services contract 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 Addition and Renovation Project awarded on August 1, 2022, via Resolution #22-230 be hereby amended to include the scope of work for the aforementioned additional improvements for a fee not to exceed $17,000; and BE IT FURTHER 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. ******** #23-92 Amend Approval for Additional Engineering Services – 2022 ADA Ramps at Various Locations WHEREAS, professional engineering services associated with surveying, design, bid services, project management and inspection services for the 2022 ADA Ramps at Various Locations Project for a cost not to exceed $34,500.00 had been approved on May 23, 2022, via Resolution #22-176; and WHEREAS, additional engineering services are required for project management, inspection, and close out of the project for a cost not to exceed $25,000; and  WHEREAS, Chief Financial Officer Chris Battaglia has advised that funding is available. NOW, THEREFORE, BE IT RESOLVED that the Mayor and Borough Council of the Borough of River Edge hereby accepts the amended proposal dated February 6, 2023, from Borough Engineer, Robert Costa of Costa Engineering Corporation for professional engineering services associated with for project management, inspection, and close out of the 2022 ADA Ramps at Various Locations Project for an additional cost of $25,000. ******** #23-93 Amend Approval for Additional Engineering Services – Kenneth B. George Park – Ball Field Upgrades WHEREAS, professional engineering services associated with surveying, drawings, and preparation of required applications to the New Jersey Department of Environmental Protection for the KBG Ball Field Upgrades Project for a cost not to exceed $40,000 had been approved on November 22, 2021, via Resolution #21-333; and WHEREAS, the surveying and drawings associated with the application to the NJDEP were required to expand from Kenneth B. George Park lot to include the Department of Public Works and River Edge Swim Club lots, resulting in additional engineering services in the amount of $25,000; and WHEREAS, Chief Financial Officer Chris Battaglia has advised that funding is available. NOW, THEREFORE, BE IT RESOLVED that the Mayor and Borough Council of the Borough of River Edge hereby accepts the amended proposal dated February 6, 2023, from Borough Engineer, Robert Costa of Costa Engineering Corporation for professional engineering services associated with surveying, drawings, and preparation of required applications to the New Jersey Department of Environmental Protection for the KBG ball field upgrades for an additional cost of $25,000. ******** #23-94 Payment of Bills Council President Kaufman read resolution #23-94 into the record: At a Regular Meeting of the Mayor and Council of the Borough of River Edge, County of Bergen, State of New Jersey, held on February 27, 2023. BE IT RESOLVED, that the Mayor and Council of the Borough of River Edge approve the following expenditures. CURRENT FUND $482,190.82 CAPITAL FUND $151,176.68 GRANT FUND $ 1,930.50 TRUST OTHER FUND $246,397.74 RECREATION TRUST FUND $ 400.00 Motion by Council President Kaufman, second by Councilwoman Montisano-Koen, that Resolution #23-94 be approved. The vote was recorded as follows: Councilman Chinigo: aye Councilwoman Kinsella: aye Council President Kaufman: aye Councilwoman Malellari aye Councilwoman Montisano-Koen: aye Councilman Benson: aye ******** FOR DISCUSSION – Grant Permission to the Fire Department to allow alcohol to be served on March 14th. Borough Administrator Aportela explained that the Fire Department has requested permission to serve alcohol at an event to be held at Fire Company #1 on March 14th which requires consideration and approval by the Mayor and Council. Motion by Councilman Chinigo, second by Councilwoman Kinsella, and all members present voting in favor, to grant permission to serve alcohol at the premises as requested on March 14th. NEW BUSINESS – Suite Green Collective Cannabis Business Proposal Councilman Benson advised that he and Councilwoman Malellari met with representatives from Suite Green Collective to discuss their desire to open a cannabis business somewhere along Kinderkamack Road. He expressed his desire to explore this proposal further. Borough Attorney Sarlo advised that the governing body would need to decide whether to allow this type of license, and if so, the zone in which it would be permitted. Although Suite Green Collective can be invited to present at a Mayor and Council meeting, he noted that this company cannot be hand-picked as there may be others that want to open this type of business in the Borough. Borough Administrator Aportela recommended that the Borough Planner be engaged to see what zone would be applicable for this type of business. There was discussion regarding the additional revenue that can be generated from cannabis licenses as well as the impact that this type of business would have on traffic. There was also discussion about potential locations and whether any area would offer enough parking. It was decided that the Cannabis Committee would be reconstituted with Councilwoman Kinsella, Councilwoman Malellari, and Councilman Benson to serve as members. Councilman Chinigo is to provide the committee members with background information on what has taken place in past committee meetings. OLD BUSINESS – Tabled Resolution #23-88 Approve Memorandum of Understanding As certain language was omitted from a revised agreement that was forwarded by the Board of Education, it was noted that action cannot be taken this evening. As such, there was no motion to remove Resolution #23-88 from the table. PUBLIC COMMENTS – Motion by Councilman Benson, second by Councilwoman Malellari, and all members present voting in favor, to open public comments. James Banks, 146 Adams Avenue, inquired whether there are any checks and balances for the Superintendent of Schools. He referenced a report that was issued by the Police Chief which indicated that the Police Department budget would be impacted if the schools were reconfigured. Borough Attorney Sarlo advised that, as the Mayor and Council has no jurisdiction over the Superintendent, it would be the Board of Education that would serve as the checks and balance. Mayor Papaleo stated that, although the governing body does monitor situations such as these, they do not have comment as it is beyond their jurisdiction. Sebastian Muscarella, 781 Fifth Avenue, expressed his belief that the proposed reconfiguration has a wide-reaching impact on the town and taxpayers, specifically on traffic and potentially taxes. He inquired how the governing body is involved with the Superintendent and the proposed reconfiguration. He further inquired how placing a referendum question onto the ballot on this issue would be handled. Borough Attorney Sarlo noted that the school has its own budget over which the Mayor and Council has no authority or control. With respect to a referendum, he advised that the Board of Education would be responsible for creating the question. He recommended that the residents direct questions to the Board of Education as this issue is within their purview. Mr. Muscarella remarked that residents are looking for extra help with this issue as it is planned to go into effect in September and concerns are falling on deaf ears. Council President Kaufman advised that a question was received through the chat feature asking what happens if the Board of Education goes over budget. Borough Attorney Sarlo advised that if the Board of Education goes over the 2% cap with respect to the operating budget, the budget would to go to a referendum, and if voted down, only then would the matter go before the Mayor and Council. Motion by Councilman Benson, second by Council President Kaufman, and all members present voting in favor, to close public comment. COUNCIL COMMENTS – There were no Council Comments. CLOSED SESSION – On a motion from Council President Kaufman, seconded by Councilman Chinigo, and all present voting in favor, the meeting was adjourned to the Closed Executive Session via Resolution #23-95 at 8:45 pm. #23-95 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 27, 2023, regular meeting and discussion of the hereinafter specified subject matter: A. Attorney-Client Privilege – N.J.S.A. 10:4-12(b)(7) 1. Lease Modification Request 2. Litigation – Update of JIF 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. ADJOURNMENT – There being no further business to come before the Mayor and Council, on a motion by Councilman Benson, second by Councilwoman Kinsella, and unanimously carried, to adjourn this meeting. The meeting was adjourned at 9:18 p.m. Respectfully submitted, Anne Dodd, RMC Borough Clerk