Mayor & Council

MINUTES Mayor and Council Regular Meeting December 11, 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 7:00 p.m. by Mayor Thomas Papaleo. SILENT PRAYER – FLAG SALUTE Mayor Papaleo asked for a moment of silence for those in the world who are suffering mentally and physically or who are in danger due to war as well as for the people in New York City who’s building partially collapsed. 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 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 and Mayor Papaleo. ABSENT: None. ALSO PRESENT: Borough Administrator Lissette Aportela Borough Attorney Thomas Sarlo, Esq. Council-Elect Glass As only one member of the Environmental Protection Commission was currently in attendance, Mayor Papaleo advised that Approval of the Minutes would be considered next. He further advised that Proclamations & Awards would be moved to the end of the meeting. APPROVAL OF MINUTES – On a motion by Council President Kaufman, seconded by Councilman Chinigo, with Councilwoman Malellari abstaining from the November 27, 2023 Minutes and all other members present voting in favor, that the Minutes of the Mayor and Council Regular Meeting and Closed Session of November 27, 2023 and the Minutes of the Mayor and Council Special Meeting and Closed Session of December 4, 2023 are hereby approved FOR DISCUSSION – Sustainable Jersey Bronze Certification Patty Almberg, Co-Chair of the Environmental Protection Commission, advised that the Borough was recertified in September for the Bronze Certification. She detailed the various activities in which the Borough participates to attain the necessary points to achieve this certification. She noted that the report is available on the Sustainable Jersey website for anyone who is interested. Councilwoman Malellari commended Ms. Alberg and the commission members for the hard work that they put in to attain this certification and expressed that she is proud of them. Mayor Papaleo stated that the EPC and Green Team and ancillary groups such as Shade Tree Commission have done a phenomenal job. He thanked Ms. Almberg for all that the commission does to make River Edge a town in New Jersey that is worth emulating. Environmental Commission Request for Resolution Supporting Continuation of Corporate Business Tax Ms. Almberg provided background information on the Corporate Sales Tax which will expire at the end of December. She explained the benefits of this tax and noted that a sample resolution to support the continuation of this tax was provided by the Association of New Jersey Environmental Commissions. She asked that the governing body consider adopting this resolution. It was agreed that, should the Council wish to consider this request, it will take place under New Business. 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 Councilwoman Malellari, seconded by Councilman Benson, and all present voting in favor, to close public comments on any item on the agenda. APPOINTMENTS & PERSONNEL CHANGES – On motion by Councilwoman Kinsella, seconded by Councilman Chinigo, and all members present voting in favor, to approve the following appointments and personnel changes: Approve the salary change of Mark Rigney – Department of Public Works from Laborer Step 2 salary of $49,153.00 to Equipment Operator step 1 - $62,967.00, with a six month probationary period, effective December 11, 2023 Approve the salary change of Roger Tarpey – Department of Public Works from General Repair- Step 7 salary of $77,547.00 to Laborer step 10 - $78,780.00 effective December 11, 2023 MONTHLY REPORTS – Mayor Papaleo advised that the following reports are on file in the Office of the Borough Clerk and available for review: Environmental/Green Team - November 21, 2023 Land Use Board - October 25, 2023 Land Use Board - October 25, 2023 Historic Commission - November 28, 2023 Tax Collector - November 2023 SECOND READING & HEARING ON ORDINANCES Ordinance #23-24 - #23-26 Mayor Papaleo read into the record: The following ordinances published herewith were first read by title only on November 27, 2023 and posted on the bulletin board of the municipal building. Ordinance #23-24 - An Ordinance Creating a New Chapter in the Revised General Ordinances of the Borough of River Edge, Entitled “Privately-Owned Salt Storage” Ordinance #23-25 – An Ordinance Amending and Supplementing the Revised General Ordinances of the Borough of River Edge, Chapter 400, “Vehicles and Traffic” Ordinance #23-26 – Bond Ordinance to Authorize the Improvement of Bogert Road (Section 8) in, by and for the Borough of River Edge, in the County of Bergen, State of New Jersey, to Appropriate the Sum of $373,252 to Pay the Cost Thereof, to Appropriate a State Grant, to Authorize the Issuance of Bonds to Finance Such Appropriation and to Provide for the Issuance of Bond Anticipation Notes in Anticipation of the Issuance of Such Bonds Public Comments on Ordinance #23-24 - #23-26 Motion by Councilwoman Malellari, second by Councilman Benson, and all members voting in favor, to open the floor to the public on Ordinance #23-24 through #23-26. Borough Administrator Aportela explained that Ordinance #23-24 is required to be adopted by the Department of Environmental Protection in connection with the Municipal Stormwater Permit. She noted that additional ordinances of this nature will be required to be adopted in the new year. Ordinance #23-25 enacts prohibited parking on Summit Avenue on school days during school hours and adds a stop sign on River Street. Ordinance #23-26 is a bond ordinance to finance Bogert Road Section 8. She noted that $249,252 was received from the NJ Department of Transportation through a grant which will cover construction costs. The Borough is responsible for the soft costs which include engineering and traffic detail. Borough Administrator advised that the intent is to bid Bogert Road Sections 7 and 8 together in early 2024. No one came forward. Motion by Councilman Benson, second by Council President Kaufman, to close the floor to the public on Ordinance #23-24 through #23-26. Motion by Councilman Chinigo, second by Councilwoman Malellari, that Ordinance #23-24 through #23-26 be passed on second and final reading and are hereby adopted and notice of same shall be published according to law. On a roll call, 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 RESOLUTIONS - By Consent Mayor Papaleo requested that Borough Administrator Aportela speak to the change orders which are listed for approval on the Consent Agenda. Borough Administrator Aportela explained that, during construction, change orders can result from changes in quantities, additional work, additional materials, or fewer materials which can either cause an increase or decrease in the contract amount. Councilwoman Kinsella asked that Borough Administrator Aportela speak to Resolution #23-330. Borough Administrator Aportela explained that this amendment pertains to the Workers’ Compensation Law and would result in an additional financial burden for the taxpayers. As such, many municipalities, if not all, are imploring the Legislature not to adopt this pending bill. a. #23-326 Approve Change Order #1 Voorhis Drainage Improvements Project b. #23-327 Approve Change Order #1 Fenway Drainage Improvements Project c. #23-328 Authorize Execution of Rental Agreement with Temple Avodat Shalom d. #23-329 Authorize Tax Collector to Refund a 1st Quarter 2024 Tax Overpayment e. #23-330 Oppose the 21st Century Injured Workers’ Access to Justice Act (A5659/S4059) f. #23-331 Approve Change Order #3 – Borough Hall Addition & Alterations g. #23-332 Approve Change Order #1 – River Edge Police Department – HVAC Replacement h. #23-333 Approve the Appointment of Crossing Guard – Anthony Scrazati i. #23-334 Approve the Appointment of Crossing Guard – Joseph Mule j. #23-335 Authorize Budget Transfers for Calendar Year 2023 Motion by Councilwoman Kinsella, second by Councilwoman Montisano-Koen, that the Consent Agenda 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 #23-336 Payment of Bills Council President Kaufman read resolution #23-336 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 December 11, 2023. BE IT RESOLVED, that the Mayor and Council of the Borough of River Edge approve the following expenditures. CURRENT FUND $ 1,518,479.85 CAPITAL FUND $ 2,124,216.51 ANIMAL CONTROL FUND $ 215.62 TRUST OTHER FUND $ 2,500.00 PAYROLL FUND $ 19,569.00 DEVELOPER’S ESCROW FUND $ 2,582.50 RECREATION TRUST FUND $ 117.91 Motion by Council President Kaufman, second by Councilman Chinigo, that Resolution #23-335 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 ******** NEW BUSINESS – Environmental Commission Request for Resolution Supporting Continuation of Corporate Business Tax There was no motion made to consider this request. OLD BUSINESS – Update on Construction Projects Borough Administrator Aportela advised that, with respect to the Library Generator project, PSE&G sent an inspector and advised the contractor that they need to finalize the connection of the generator for it to be operational. She explained that downstream regulators needed to be purchased and should arrive within a week. Once installed, the startup of the generator and training for the DPW and Library employees can be scheduled. PUBLIC COMMENTS – Motion by Councilman Benson, second by Council President Kaufman, and all members present voting in favor, to open public comments. Patty Almberg, 659 Fifth Ave, advised that the EPC is looking to hold a small-scale styrofoam collection on January 6, 2024 in the community lot near the Library. She noted that materials would be brought to the County styrofoam densifier located in Ridgefield Park. Borough Administrator Aportela commented that, as this collection is being collected for Borough purposes, it would simply need to be coordinated with the Library Director and DPW. Motion by Councilman Chinigo, second by Councilwoman Kinsella, and all members present voting in favor, to grant the request to hold a mini-styrofoam collection in the parking lot adjacent to Memorial Park on January 6, 2024. Ms. Almberg noted that it is recommended that an Environmental Protection Commission liaison be appointed to the Land Use Board and inquired whether putting this position in place is something that the governing body would be willing to consider. Borough Attorney Sarlo suggested that, should the EPC wish to provide input on applications, the plans be sent to them for review and comment. As the Land Use Board is an autonomous board, he advised that this request should be sent to them for consideration. It was decided that Ms. Almberg is to forward a memo detailing this request to Ms. Aportela who will send it to Edwin Alter, Municipal Land Use Clerk, for it to be listed on the next available agenda. Motion by Council President Kaufman, second by Councilwoman Kinsella, and all members present voting in favor, to close public comment. PROCLAMATIONS & AWARDS – Plaque Presentation – Councilman Chinigo Mayor Papaleo commented that Councilman Chingo has served the Borough very well and has been committed to doing the very best job. He read the inscription on the plaque which read: “Presented to Dario Chinigo Councilman 2017 – 2023 Council President 2020 & 2021 In appreciation for your dedicated contribution to serve the best interests of the residents of River Edge” Mayor Papaleo noted that Councilman Chinigo never gives less than 110% to everything he does and has continually offered thoughtful and wise direction to the governing body. He commented that Councilman Chinigo will be missed and expressed appreciation for all he has done for the Borough. Council President Kaufman stated that Councilman Chinigo has done a fantastic job for the Borough over the past seven years for which she expressed appreciation. She highlighted his accomplishments and detailed his work on various committees as well as in his role as liaison to various departments. She expressed that his astute input into River Edge’s governance has been appreciated and that he will be missed. Councilwoman Montisano-Koen thanked Councilman Chinigo for his seven years of service to the Borough and stated that she will miss his wit, passion, knowledge and partnership. Councilwoman Kinsella expressed her opinion that Councilman Chinigo is one of those rare individuals who grew up in the town, went to school in the town, and then decided to put his time and effort into making the town even better which in and of itself is a massive accomplishment. She commented that being his running mate gave her more insight into the effort that he puts into everything he does. She stated that his knowledge, dedication and insight has been invaluable. Although she noted that they have not always agreed on everything, she stated that his passion for the town is immense. Councilwoman Malellari commented that it was a pleasure to work with Councilman Chingo, noting that she learned a lot from him and will miss him. Councilman Benson stated that it has been a pleasure working with Councilman Chingo over the past year, expressing that Councilman Chinigo has served as a role model for him. He wished Councilman Chinigo the very best. Council-Elect Glass commented that, although he has only had the opportunity to attend meetings recently, it only took a short time to realize the value that Councilman Chingo added and provided which he has taken as a lesson learned. He thanked Councilman Chinigo for his service. Borough Administrator Aportela thanked Councilman Chinigo for his counsel, great humor, background and insight. She commented that it has been a pleasure to work with him over the past three years and expressed that his leadership will be greatly missed. Beth Chinigo, Councilman Chinigo’s wife, expressed how proud she and their children are of Councilman Chinigo. She commented on how long he has served the community and how he has done so selflessly. She expressed that she and the family look forward to spending more time with him and stated that she knows how much his insight will be missed. She congratulated him on an amazing career as a politician. Councilman Chinigo thanked everyone for their kind and caring words. He stated that it has been an absolute honor serving the people of River Edge and a fantastic experience. He noted that he has given of himself, and in return, he learned, gained knowledge, invaluable experience, made friends amongst which he counts each member of the governing body, and gained an appreciation for the complexity of human beings in general. He further noted that he learned to be patient, to live with frustration, and that anything can be done with the right attitude, right team around you, and a lot of luck. He advised that he has been a liaison to just about every commission, committee and department in River Edge and expressed appreciation for having been elected twice as Council President which has been one of the greatest honors of his life. He further advised that he has worked early in the morning with the Budget Committee trudging into Borough Hall at 7:30 in the morning on cold February and March mornings and on Saturdays with the rest of the Council, the Mayor and a few brave souls who agreed to serve on the Budget Committee to make sure every penny that was spent in the budget was reasonable, necessary and accounted for. He noted that he has served with incredible, passionate volunteers who have given of themselves without asking for anything in return. He commented that he has interviewed, helped to hire or promote probably more than half the River Edge Police force and expressed his opinion that the Borough has excellent leadership now with the best police force they have ever had. During his tenure, he stated that he has worked hard to ensure that the Borough’s record of commitment to resident safety continued to be paramount and detailed the efforts that have been undertaken in this regard. He expressed that, ultimately, he is so thankful to everyone who voted for him and gave him an opportunity to not only fulfill a dream by serving as an elected official, but to also give back to his community. He thanked his wife, his family, and his mother who recently passed away for being such rocks for him through the support they have provided to him. He thanked former Councilwoman Kathleen Murphy for nominating him to take her place when she resigned from Council and everyone with whom he has previously served and currently serves on the Council. He acknowledged members of the Borough Administration, Police Department, Fire Department, Library Board, DPW, members of all the boards on which he has served, Neal Carroll, Tom Sarlo, and Marie Papaleo, Chair of the Democratic Committee. He finished by thanking Senator Joe Lagana, Assemblywoman Lisa swain, and Assemblyman Chris Tully as well as former Senator Bob Gordon for what they do for the River Edge residents. COUNCIL COMMENTS – None. CLOSED SESSION – On a motion from Councilman Chinigo, seconded by Councilwoman Kinsella, and all present voting in favor, the meeting was adjourned to the Closed Executive Session via Resolution #23-337 at 7:53 p.m. #23-337 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 December 11, 2023, regular meeting and discussion of the hereinafter specified subject matter: A. Personnel – N.J.S.A. 10:4-12(b)(\8) 1. Police Lieutenant Interview 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. On a motion by Councilwoman Kinsella, second by Councilwoman Montisano-Koen, and all members voting in favor to reopen the Regular Meeting. The Regular Meeting resumed at 8:28 p.m. ROLL CALL PRESENT: Councilman Chinigo, Council President Kaufman, Councilwoman Montisano-Koen, Councilwoman Kinsella, Councilwoman Malellari, Councilman Benson and Mayor Papaleo. ABSENT: None. ALSO PRESENT: Borough Administrator Lissette Aportela Borough Attorney Thomas Sarlo, Esq. Council-Elect Glass Councilman Chinigo acknowledged Mayor Papaleo and former Councilwoman Ellen Busteed who not only were so important to his career as Councilman, but also became friends and confidents. He noted that, although they butted heads at times, they all always wanted the best for River Edge and commented on the many ways that they contributed to River Edge. He thanked both for what they did for him. 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 recess this meeting to the Sine Die. The meeting was recessed at 8:31 p.m. Respectfully submitted, Anne Dodd, RMC Borough Clerk