Mayor & Council

MINUTES Mayor and Council Regular Meeting July 10, 2023 6:30 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 6:30 p.m. by Mayor Thomas Papaleo. SILENT PRAYER – FLAG SALUTE Mayor Papaleo asked for a moment of silence for police officers and emergency workers who do so much to keep everyone safe and make the country the wonderful place that it is. He 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 and via Resolution #23-197 on June 27th 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: Councilman Chinigo (arrived at 6:53 p.m.), Council President Kaufman, Councilwoman Montisano-Koen (arrived at 6:53 p.m.), Councilwoman Kinsella, Councilman Benson and Mayor Papaleo. ABSENT: Councilwoman Malellari ALSO PRESENT: Borough Administrator Lissette Aportela Borough Attorney Thomas Sarlo, Esq. OATH OF OFFICE – NEW POLICE OFFICERS Mayor Papaleo administered the Oath of Office to Officer Daniel Meade, Officer Elizabeth Escudero, and Officer Nico Facchini who were all joined by their families. On a motion from Council President Kaufman, second by Councilwoman Kinsella, and all members present voting in favor to suspend the meeting at 6:37 p.m. The meeting resumed at 6:53 p.m. ROLL CALL PRESENT: Councilman Chinigo, Council President Kaufman, Councilwoman Montisano-Koen, Councilwoman Kinsella, Councilman Benson and Mayor Papaleo. ABSENT: Councilwoman Malellari ALSO PRESENT: Borough Administrator Lissette Aportela Borough Attorney Thomas Sarlo, Esq. APPROVAL OF MINUTES – On motion by Council President Kaufman, seconded by Councilman Chinigo, with Councilwoman Montisano-Koen abstaining and all other members present voting in favor, that the Minutes of the Mayor and Council Regular Meeting of June 26, 2023 are hereby approved. PROCLAMATIONS & AWARDS Proclamation Honoring Saratheresa Bartelloni Mayor Papaleo commented that Saratheresa Bartelloni does so much for the community in so many ways, particularly in making possible the connection between the Environmental Commission and schools. He then read the following proclamation into the record: PROCLAMATION WHEREAS, when the idea of a storm drain art contest was brought to the Environmental Protection Commission, the River Edge DPW and school administrators were eager to collaborate and elementary school teachers were willing to coordinate the contest. The only missing piece was the talent; and WHEREAS, the project couldn’t begin without knowing if the winning designs could be transferred from paper to the storm drains; and WHEREAS, River Dell High School art teacher, Saratheresa Bartelloni was approached by a member of the Environmental Protection Commission and asked if she would be willing to find talented River Dell art students who might be willing to help when they reached the painting phase of the project and she agreed; and WHEREAS, late in 2019, no one would have imagined that the schools would be shut down because of the pandemic making it impossible to recruit high school students and Saratheresa stepped up and volunteered to lead the painting phase; and WHEREAS, since that time, Saratheresa has spent over twenty hours working with elementary and year high school artists to complete four different drain designs in River Edge; and WHEREAS, Saratheresa was able to communicate with the artists about their designs and collaborate with them in bringing those designs from small scale paper drawings to dynamic and captivating public art; and WHEREAS, while many individuals played a role in making Strom Drain Art a successful public awareness campaign, the Mayor and Council would like to recognize Saratheresa Bartelloni for the time, talent and leadership that she provided in helping to make this campaign a success. WHEREAS, the Mayor and Council of the Borough of River Edge desires to express its appreciation and recognize you on this date as you are a true example of volunteerism for all citizens. NOW, THEREFORE I, Thomas Papaleo, Mayor of the Borough of River Edge and on behalf of the Borough Council, do hereby Thank and Commend Saratheresa Bartelloni Ms. Bartelloni expressed that receiving this proclamation is a wonderful honor and noted that being a part of this contest is exciting and fun. She commented that the students enjoyed the opportunity to participate in this contest. She finished by thanking the governing body for being supportive of the positive outcomes of this campaign, noting the importance of protecting the storm drain water. PRESENTATION Sean Baxter – Troop 184 Eagle Scout Project Sean Baxter, 864 5th Avenue, advised that he is both a Life and Eagle Scout candidate for Troop 184. He explained that his project would be a tribute to the Vietnam Veterans who battled on foreign soil and continue to face many battles at home such as joblessness and homelessness. He described the proposed project which would consist of a memorial garden with red flowers as well as a memorial dedicated to the veterans. He noted that he has a team assembled to assist with this project. Although he commented that he is open to any location, he expressed his preference to place this memorial near the current memorial. He advised that this project will be funded through fundraising and donations. It was the consensus of the governing body to approve this request. It was suggested that Mr. Baxter reach out to the VFW to get their approval on a location for his project and coordinate with the Beautification Committee. It was also noted that this project would need to be coordinated with the DPW Superintendent and Borough Administrator. PUBLIC COMMENTS ON ANY ITEM ON THIS AGENDA – On motion by Councilwoman Montisano-Koen, seconded by Councilwoman Kinsella, 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 Benson, seconded by Councilman Chinigo, and all present voting in favor, to close public comments on any item on the agenda. MONTHLY REPORTS – Mayor Papaleo advised that the following reports are on file in the Office of the Borough Clerk and available for review: Historic Commission - June 2023 Fire Prevention - April - June 2023 Tax Collector - June 2023 RESOLUTIONS - By Consent Councilwoman Kinsella requested an explanation of Resolution #23-218. Borough Administrator Aportela explained that the purpose of this resolution is to oppose a pending bill before Congress that would impact a municipality’s engagement with broadband companies. As municipalities receive cable franchise fees, she noted that this bill would result in approximately $200,000 in lost revenue. a. #23-215 Award Contract – Cleaning Services for the Borough of River Edge b. #23-216 Confirm Emergency Purchase – DPW HVAC System c. #23-217 Confirm Emergency Purchase – Sewer Meter Stations d. #23-218 Oppose H.R. 3557 “American Broadband Act of 2023” e. #23-219 Authorize Receipt of Bids – River Edge Police Department HVAC Replacement Project Motion by Councilwoman Kinsella, second by Councilman Benson, that the Consent Agenda be approved. The vote was recorded as follows: Councilman Chinigo: aye Councilwoman Kinsella: aye Council President Kaufman: aye Councilwoman Malellari absent Councilwoman Montisano-Koen: aye Councilman Benson: aye ******** #23-215 Award Contract – Cleaning Services for the Borough of River Edge WHEREAS, on Thursday, June 29, 2023, at 11:00 a.m., five bids were submitted at the date and time specified for the Cleaning Services for the Borough of River Edge and the Borough Administrator did open and read each bid aloud; and WHEREAS, the Borough Administrator has reviewed the bid as submitted by Tropical Cleaning Services, LLC in the amount of $33,906 and has recommended the bid be awarded to Tropical Cleaning Services LLC, for a contract term from August 1, 2023, through July 31, 2024, with an option to renew the contract for 2 additional 12-month terms; and WHEREAS, Chief Financial Officer Chris Battaglia has certified funds are available for this service pursuant to NJAC 5:30-5.5(c)(1) in the 2023 and 2024 budgets not to exceed $33,906. NOW THEREFORE BE IT RESOLVED by the Mayor and Council of the Borough of River Edge that a contract for the Cleaning Services for the Borough of River Edge shall be awarded to Tropical Cleaning Services LLC., having its principal office at 14 Crescent Street, Rochelle Park, NJ 07662 in the amount of $33,906 from August 1, 2023, through July 31, 2024, based on the bid, submitted on June 29, 2023; 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. ******** #23-216 Confirm Emergency Purchase – DPW HVAC System WHEREAS, an emergency replacement of the 20 year old HVAC system at the Department of Public Works was required as the system ceased to function past 50% capacity; and WHEREAS, the Superintendent of the Department of Public Works determined that this situation was an emergency affecting the public health, safety and welfare; and  WHEREAS, Great White Mechanical has responded to the emergency for a total contract price of $12,740.00. NOW, THEREFORE BE IT RESOLVED, that the Mayor and Council of the Borough of River Edge hereby confirm that the Superintendent of the Department of Public Works was authorized to issue a purchase order to Great White Mechanical, 23 Birch Street, Midland Park, NJ 07432 for the replacement of HVAC system at the Department of Public Works in the amount of $12,740.00 as an emergency purchase as per NJSA 40A:11-6. ******** #23-217 Confirm Emergency Purchase – Sewer Meter Stations WHEREAS, an emergency replacement of the sewer meter stations at Eastbrook Drive and Wales Avenue was required due to the systems being broken and outdated; and WHEREAS, the Superintendent of the Department of Public Works determined that this situation was an emergency affecting the public health, safety and welfare; and WHEREAS, Steady Flow Services, Inc. has responded to the emergency for a total contract price of $18,131.00. NOW, THEREFORE BE IT RESOLVED, that the Mayor and Council of the Borough of River Edge hereby confirm that the Superintendent of the Department of Public Works was authorized to issue a purchase order to Steady Flow Services, Inc., PO Box 294 Basking Ridge, NJ 07920 for the replacement of the sewer meter stations at Eastbrook Drive and Wales Avenue in the amount of $18,131.00 as an emergency purchase as per NJSA 40A:11-6. ******** #23-218 Oppose H.R. 3557 “American Broadband Act of 2023” WHEREAS, H.R. 3557, "American Broadband Act of 2023," was introduced with little notice and without full text on May 22, 2023, and was approved by the House Committee on Energy and Commerce, and ordered to be reported following markup only two days later on May 24, 2023; and WHEREAS, prior to H.R. 3557's introduction, only a single hearing was held on the eventual contents, on April 19, 2023, before the House Communications Subcommittee, the testimony before which consisted exclusively of that from witnesses supportive of federal preemption and to which not a single state or local government representative was invited to testify; and WHEREAS, H.R. 3557 would pre-empt local governments' rights-of-way compensation and management authority, zoning powers, cable franchising authority, and property rights; and WHEREAS, the proposed bill would bestow on broadband providers an unprecedented federal grant of access to state and local public property, but impose no obligations on those providers to serve "unserved" and "underserved" Americans; and WHEREAS, H.R. 3557 would mandate that siting decisions be "deemed granted" if not denied by a local government within 60 days, which is as little as 25 % of the time the federal government gives itself to make identical decisions concerning access to federal property; and  WHEREAS, H.R. 3557 would make virtually any local government decision not to allow the installation of a proposed wireless facility at a provider's request a "prohibition" preempted by federal law, and would require local governments to draft and publicly release a written explanation for the decision to deny an application on the same day it votes on the decision-a virtually impossible task because such written decisions typically require the examination and analysis of evidence presented to local council; and WHEREAS, the bill would substitute the FCC for the local federal district court as the reviewing body for challenges to local government decisions regarding wireless facility applications, thus breaking the promise made by Congress in 1996 that local governments would not be required to travel to Washington to defend local decisions; and WHEREAS, H.R. 3557 would also eliminate cable franchise renewals, thereby restricting the ability of state or local franchising authorities to enforce franchise obligations such as public, educational, and government channel capacity and facilities, customer service requirements, and system build-out requirements; and WHEREAS, H.R. 3557 would affirmatively grant cable operators the right to use local rights-of-way to provide non-cable services while prohibiting localities from imposing any fees on non-cable services for use of those rights-of-way; and NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Council of the Borough of River Edge opposes HR 3557 and urges the House and Senate not to pass this legislation. BE IT FURTHER RESOLVED that a copy of this resolution be sent to Senate President, Vice President of the United States, Kamala Harris; Speaker of the House of Representatives, Senator Kevin McCarthy; Senator Charles Shumer; Senator Cory Booker; Senator Bob Menendez; Representative Josh Gottheimer.; President of the United States Joseph R. Biden; and New Jersey State League of Municipalities. ******** #23-219 Authorize Receipt of Bids – River Edge Police Department HVAC Replacement Project BE IT RESOLVED, by the Mayor and Council of the Borough of River Edge, that the Borough Clerk is hereby authorized to advertise for the receipt of bids for the River Edge Police Department HVAC Replacement Project; and BE IT FURTHER RESOLVED that said bids shall be received at 10:30 A.M. on Wednesday, August 9, 2023, at the lower level (Municipal Courtroom) of the Public Safety Building located at 705A Kinderkamack Road, River Edge, NJ 07661 at which time and place bids will be opened and read aloud; and BE IT FINALLY RESOLVED that said advertisement shall be published in the Friday, July 14, 2023, issue of the Record in accordance with the Local Public Contracts Law. ******** #23-220 Payment of Bills Councilwoman Kaufman read resolution #23-220 into the record: #23-220 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 July 10, 2023. BE IT RESOLVED, that the Mayor and Council of the Borough of River Edge approve the following expenditures. CURRENT FUND $266,632.55 CAPITAL FUND $ 8,688.00 GRANT FUND $ 2,753.34 ANIMAL CONTROL FUND $ 13.80 TRUST OTHER FUND $ 33,413.44 PAYROLL FUND $ 15,898.00 UNEMPLOYMENT TRUST FUND $ 645.45 DEVELOPER’S ESCROW FUND $ 7,615.84 RECREATION TRUST FUND $ 4,518.31 Motion by Council President Kaufman, second by Councilwoman Montisano-Koen, that Resolution #23-220 be approved. The vote was recorded as follows: Councilman Chinigo: aye Councilwoman Kinsella: aye Council President Kaufman: aye Councilwoman Malellari absent Councilwoman Montisano-Koen: aye Councilman Benson: aye FOR DISCUSSION – NJMMA Legislative Update – Awarding of Window Contracts Borough Administrator Aportela explained that she received a legislative update through the New Jersey Municipal Managers’ Association regarding the “Elections Transparency Act.” She advised that this act states that a Qualified Purchasing Agent (QPA) may award “window” contracts, contracts between $17,500 and the bid threshold of $44,000. She explained that an ordinance would need to be adopted to give this authority to the QPA. She noted that all expenditures will eventually be approved by the Mayor and Council through the bill list. After some discussion, it was the consensus of the governing body to list said ordinance for introduction at the August 14th Mayor and Council meeting. Draft Ordinance – Domestic Fowl Borough Administrator Aportela advised that the Board of Health is recommending an ordinance to prohibit domestic fowl and implement enforcement measures if the ordinance is violated. After some discussion, it was decided to list this ordinance for introduction one the August 14th Mayor and Council agenda. NEW BUSINESS – There was no New Business. OLD BUSINESS – There was no Old Business. PUBLIC COMMENTS – Motion by Councilwoman Montisano-Koen, second by Councilman Benson, and all members present voting in favor, to open public comments. Natalia Bletel, 421 Windsor Road, expressed concerns regarding the proposed school reconfiguration and the impact that it would have on the residents’ lives and safety as well as traffic. She requested that Borough Administrator Aportela be given authority to request the Begen County Department of Planning and Engineering review the reports from the Police Chief and Board of Education to determine the impact on County roads. Mayor Papaleo advised that, as the Borough does have jurisdiction in this area, they have already moved forward with this request in an effort to address the residents’ concerns. Carmen Philbin, 219 Dorchester Road, raised the topic of a non-binding referendum regarding the reconfiguration. Ms. Philbin noted that Chief Walker prepared a report on the traffic and safety impacts of the proposed reconfiguration and advised that there are over 800 signatures on a Change.org petition as well as 200 wet signatures in opposition to the proposed reconfiguration. She questioned whether the Borough is open to obtaining a second legal opinion on whether a question can be placed on the ballot. She noted that the deadline for a referendum question is August 18th and expressed her opinion that residents are being given the run around. Borough Attorney Sarlo confirmed that the Mayor and Council does not have authority to place a non-binding referendum onto the ballot regarding this issue. He advised that he rendered his legal opinion which he commented is sound and will not change. Liz Davis, 291 Monroe Avenue, noted that concerns regarding traffic and safety have been expressed and questioned the Borough’s liability should an accident occur. Mayor Papaleo noted that the law does not give the governing body jurisdiction over reconfiguration, and should the Board of Education decide to proceed, the Borough would be obligated to make it work in as safe a manner as possible. Borough Attorney Sarlo added that the Borough has Title 59 defenses and commented that the question is too vague for him to answer as multiple factors go into negligence with respect to an accident. Jennifer Berringer, 205 Madison Avenue, commented that families moving into town are concerned about traffic and safety and noted that the Board of Education is not listening to these concerns. Sebastian Muscarella, 781 Fifth Avenue, noted that there are over 1,000 signatures against reconfiguration and attorney may be retained to potentially sue the Board of Education. He commented that the microphone will soon be in front of the governing body and they can either choose to ignore this issue or act. Mayor Papaleo advised that the governing body is doing everything that it is permitted to do within its jurisdiction such as requesting the County to review the traffic reports prepared by both the Police Chief and Board of Education. Motion by Council President Kaufman, second by Councilman Benson, and all members present voting in favor, to close public comment. COUNCIL COMMENTS – Mayor Papaleo read the following statement into the record: “Public safety has always been a priority of the River Edge Mayor, Council and Police Department. Despite any changes that the Board of Education statutorily chooses to make now or in the future, we will always address the concerns of our residents and will be prepared to protect our community. In this vein and in response to residents' concerns, we are sending the two traffic studies to the County of Bergen for review of the impact of this proposed change on county roads.” CLOSED SESSION – On a motion from Councilman Benson, seconded by Councilman Chinigo, and all present voting in favor, the meeting was adjourned to the Closed Executive Session via Resolution #23-221 at 7:38 p.m. #23-221 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 July 10, 2023, regular meeting and discussion of the hereinafter specified subject matter: A. Personnel – N.J.S.A. 10:4-12(b)(8) 1. Police Chief Contract 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 Chinigo, second by Councilwoman Kinsella, and unanimously carried, to adjourn this meeting. The meeting was adjourned at 7:38 p.m. Respectfully submitted, Anne Dodd, RMC Borough Clerk