Mayor & Council Meeting

MINUTES Mayor & Council Regular Meeting Monday, June 14, 2021 6:30 P.M. *Meeting held via Zoom CALL TO ORDER – Mayor Papaleo called the meeting to order at 6:30 p.m. in the Council Chambers of the Borough Hall. SILENT PRAYER – FLAG SALUTE Mayor Papaleo called for a moment of silent reflection and led the salute to the flag. STATEMENT – 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 Ridgewood 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 – Councilwoman Busteed, Councilman Chinigo, Councilman Gautier, Councilwoman Kaufman, Councilwoman Kinsella, Councilwoman Montisano-Koen and Mayor Papaleo were present. APPROVAL OF MINUTES – On motion by Councilwoman Busteed, seconded by Councilman Chinigo, the minutes of the Mayor and Council Regular Meeting of May 24, 2021 were unanimously approved. On motion by Councilwoman Busteed, seconded by Councilman Chinigo the minutes of the Mayor and Council Closed Session of May 24, 2021 were unanimously approved. On motion by Councilwoman Busteed, seconded by Councilman Chinigo, the minutes of the Mayor and Council Closed Session of November 25, 2019 were unanimously approved. On motion by Councilwoman Busteed, seconded by Councilman Chinigo the minutes of the Mayor and Council Closed Session of March 9, 2020 were unanimously approved. On motion by Councilwoman Busteed, seconded by Councilman Chinigo the minutes of the Mayor and Council Closed Session of June 22, 2020 were unanimously approved. On motion by Councilwoman Busteed, seconded by Councilman Chinigo the minutes of the Mayor and Council Closed Session of July 13, 2020 were approved on the following roll call: Councilwoman Busteed, Councilman Gautier, Councilwoman Kaufman, Councilwoman Kinsella and Councilwoman Montisano-Koen voted yes; Councilman Chinigo abstained.  On motion by Councilwoman Busteed, seconded by Councilman Chinigo the minutes of the Mayor and Council Closed Session of September 30, 2020 were unanimously approved. On motion by Councilwoman Busteed, seconded by Councilman Chinigo the minutes of the Mayor and Council Closed Session of October 13, 2020 were unanimously approved. On motion by Councilwoman Busteed, seconded by Councilman Chinigo the minutes of the Mayor and Council Closed Session of November 9, 2020 were unanimously approved. On motion by Councilwoman Busteed, seconded by Councilman Chinigo the minutes of the Mayor and Council Closed Session of November 23, 2020 were unanimously approved. On motion by Councilwoman Busteed, seconded by Councilman Chinigo the minutes of the Mayor and Council Closed Session of December 14, 2020 were unanimously approved. On motion by Councilwoman Busteed, seconded by Councilman Chinigo the minutes of the Mayor and Council Closed Session of January 25, 2021 were unanimously approved. On motion by Councilwoman Busteed, seconded by Councilman Chinigo the minutes of the Mayor and Council Closed Session of April 12, 2021 were unanimously approved. PROCLAMATIONS & AWARDS – Mayor Papaleo read the Proclamation Declaring the Month of June 2021 as LGBTQ Pride Month as follows: PROCLAMATION WHEREAS, the struggle for dignity and equality for lesbian, gay, bisexual, transgender and questioning (LGBTQ) people is reflected in the tireless dedication of advocates and allies who strive to forge a more inclusive society; and WHEREAS, President Bill Clinton, on June 2, 2000, declared June “Gay & Lesbian Pride Month” to commemorate the June 1969 Stonewall Uprising in Lower Manhattan and on June 1, 2009, President Barack Obama expanded the commemoration further by declaring June to be Lesbian, Gay, Bisexual and Transgender Pride Month; and WHEREAS, June 28, 2019 marked the 50th Anniversary of the Stonewall Uprising which broke out following a police raid on the Stonewall Inn, targeting LGBTQ+ patrons and other marginalized people, in violation of their civil rights, leading to the birth of the "Gay Rights Movement”; and WHEREAS, LGBTQ Americans, including those who live in our local communities, face discrimination simply for being who they are and for who they love and there remains much work to do to extend the promise of our country to every person; and WHEREAS, the landmark Supreme Court decision of 2015 guaranteeing marriage equality in all 50 states was a historic victory for LGBTQ Americans and continues to affirm our belief that we are all more free when we are treated as equals. 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 June 2021 as LGBTQ Pride Month and encourage all River Edge residents to eliminate prejudice wherever it exists and to celebrate our great diversity by taking part in community events throughout the month of June which focus on and celebrate our LGBTQ neighbors. ____________________________ Mayor Thomas Papaleo Dated: June 14,2021 Sheila Dubey accepted the LGBTQ proclamation. ********* PRESENTATION – River Edge Ambulance Service – Daytime Coverage – Joe Zemaites, President REVAS, Lisbelt Torres, Captain and Audrius Juskelis, Lieutenant – Joe explained REVAS was founded and incorporated in 1949 as an all volunteer organization serving the town. Lisbelt explained that it has become increasingly difficult providing EMS services due to the loss in rider membership and the lack of training classes due to the pandemic that they have interviewed Hackensack and Holy Name Hospitals for assistance with emergency medicals responses. They felt that Holy Name seemed like a better fit because of their flexibility and the professionalism of their personnel during the meeting. They explained the details of the two proposals that they received from Holy Name and understand that a mutual aid agreement would have to be between Holy Name and the Borough not with REVAS directly. Lissette Aportela, Borough Administrator-said that Joe and Lisbelt came to her to try and brainstorm a way not to have to do this and they’ve done their due diligence by meeting with both hospitals but she told them if they do move forward it would have to be the governing body who would have to authorize the execution of an agreement. Mayor Papaleo -asked if there would be any financial obligation to the town would have to take on that we are not already providing? Joe Zemaites-replied at this point no. He said that right now the ambulance corp. has the money to finance it because of resident donations. Council President Chinigo-asked for clarification on the two proposals and co-pays. Joe Zemaites-gave a detailed explanation. Councilman Gautier-voiced his concerns with possible response times. Councilwoman Busteed-thanked the members of REVAS for being proactive and asked if Holy Name looked at the call history to make sure they would be able to provide the same level of service? Joe Zemaites-replied yes, they felt comfortable that they could provide the same level of service. Mayor Papaleo-stated that it seems that the Council is on board with this and asked if there just needs a motion to be made or would we need to put a resolution on authorizing the Mayor to sign the agreement? He said that it appears that REVAS has done their due diligence. Lissette Aportela-suggested that they amend the agenda to list a resolution authorizing the approval of MOU authorizing the Mayor to be a signatory. Councilwoman Kinsella-asked if this will be a long term contract or on a yearly basis? Joe Zemaites-believes that the initial agreement was for a year but there’s a lot of flexibility. Council President Chinigo-recommended that we open for public comments regarding this topic. On motion by Counciwolman Kaufman, seconded by Councilman Gautier to open for public comments on this item only was unanimously approved. There being no comments by the public, the motion by Councilman Gautier, seconded by Council President Chinigo to close public comments on this item. On motion by Councilman Gautier, seconded Councilwoman Kaufman to list a resolution this evening approving the agreement with Holy Name for EMS coverage was unanimously approved. Mayor Papaleo-thanked Joe, Lisbelt and Audrius for coming this evening and also thanked them for everything they do for our town. Joe Zemaites-thanked the Mayor and Council for their continued support. PUBLIC COMMENTS ON ANY ITEM ON THIS AGENDA – On motion by Councilwoman Montisano-Koen, seconded by Councilwoman Kinsella to open public comments on any item on the agenda was unanimously approved. There being no comments by the public, the motion by Councilwoman Kinsella, seconded by Councilwoman Montisano-Koen to close public comments on any item on the agenda was unanimously approved. APPOINTMENTS & PERSONNEL CHANGES – On motion by Councilwoman Kaufman, seconded by Councilman Gautier the appointments and personnel changes were unanimously approved as follows: The hire of Jun Ma as a part-time Youth Services Assistant in the River Edge Public Library at an hourly rate of $15.00 effective June 14, 2021; The salary increase of Christopher Tabor, Laborer in the Department of Public Works from an annual Laborer II, Step IV salary of $49,043.00 to Laborer II, Step V - $50,297.00 effective July 5, 2021. MONTHLY REPORTS – Land Use Board - May 12, 2021 & May 26, 2021 Tax Collector - May 31, 2021 Library Board of Trustees - May 24, 2021 – Special Meeting Library Board of Trustees - June 1, 2021 ORDINANCES – 1ST READING Mayor Papaleo read the title of Ordinance #21-20 into the record. Ordinance #21-20 AN ORDINANCE TO FIX THE SALARY, WAGE AND COMPENSATION OF THE OFFICERS AND EMPLOYEES OF THE BOROUGH OF RIVER EDGE, IN THE COUNTY OF BERGEN AND STATE OF NEW JERSEY FOR THE Year 2021. Lissette Aportela-explained that the purpose of this ordinance is to establish the position of Qualified Purchasing Agent which is a position that municipalities must have in order to be able to bid for items over $44,000 according to Local Public Contracts Law. On motion by Councilman Chinigo, seconded by Councilwoman Busteed, the first reading of Ordinance #21-20 was unanimously approved as follows: BOROUGH OF RIVER EDGE ORDINANCE #21-20 AN ORDINANCE TO FIX THE SALARY, WAGE AND COMPENSATION OF THE OFFICERS AND EMPLOYEES OF THE BOROUGH OF RIVER EDGE, IN THE COUNTY OF BERGEN AND STATE OF NEW JERSEY FOR THE YEAR 2021 BE IT ORDAINED, by the Mayor and Council of the Borough of River Edge, County of Bergen, State of New Jersey, as follows: Section 1: The title and compensation for the part-time position of the Borough of River Edge for the year 2021 shall be amended as follows: Administration 2021 Qualified Purchasing Agent 2,500 Section 2: Any and all other ordinances or parts thereof in conflict or inconsistent with any of the terms hereof are hereby repealed to such extent as they are so in conflict or inconsistent. Section 3: Inn case any article, section or provision of this ordinance shall be held invalid in any court of competent jurisdiction, the same shall not affect any other article, section or provision of this ordinance except insofar as the article, section or provision so declared invalid shall be inseparable from the remainder or any portion thereof. Section 4: This Ordinance shall take effect retroactively as of February 17, 2021. ____________________________ Thomas Papaleo, Mayor ATTEST: ____________________________ Stephanie Evans, Borough Clerk ********* Mayor Papaleo read the title of Ordinance #21-21 into the record as follows: Ordinance #21-21 AN ORDINANCE AMENDING AND SUPPLEMENTING THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF RIVER EDGE CHAPTER 210, “FIRE PREVENTION” Lissette Aportela-explained that she sent a fee schedule book out to all departments to look over what was currently in our code and what needed to be updated. Our Fire Official asked to update a few items and when she looked in the code book, somehow when this section was updated in the early 2000’s the fee portion was eliminated and the borough was charging these fees. This is just housekeeping in case the auditor checks to verify what’s authorized, On motion by Councilman Gautier, seconded by Councilwoman Busteed the first reading of Ordinance #21-21 was unanimously approved as follows: BOROUGH OF RIVER EDGE ORDINANCE #21-21 AN ORDINANCE AMENDING AND SUPPLEMENTING THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF RIVER EDGE, CHAPTER 210, “FIRE PREVENTION” BE IT ORDAINED by the Mayor and Council of the Borough of River Edge, County of Bergen, State of New Jersey, as follows: Section 1. Section 210-11, entitled “Fees”, subsection E, shall be replaced with the following: E. Local Permit Fees: BUSINESS PROPERTIES: • Exceeding 50,000 sq. ft. gross floor area - $250 • Exceeding 25,000 sq. ft. gross floor area - $200 • Exceeding 10,000 sq. ft. gross floor area - $150 • Exceeding 5,000 sq. ft. gross floor area - $100 • All other business properties not mandated by the State Uniform Fire Code - $50 • Storage of Hazardous Chemicals, Pesticides, Flammable Finishes not covered by the State Uniform Fire Code - $75 MULTIPLE DWELLINGS: • Up to 15 Dwelling Units - $30 • 16 to 30 Dwelling Units - $45 • 31 to 60 Dwelling Units - $60 • 61 to 100 Dwelling Units - $90 • 100 to 200 Dwelling Units - $150 • 201 to 300 Dwelling Units - $225 • 301 to 400 Dwelling Units - $300 • Any non-owner occupied building in Use Group R-3 - $30 Section 2. Any and all other ordinances or parts thereof in conflict or inconsistent with any of the terms hereof are hereby repealed to such extent as they are so in conflict or inconsistent. Section 3. In case any article, section or provision of this ordinance shall be held invalid in any court of competent jurisdiction, the same shall not affect any other article, section or provision of this ordinance except insofar as the article, section or provision so declared invalid shall be inseparable from the remainder or any portion thereof. Section 4. This Ordinance shall take effect immediately upon final passage and publication as required by law. ___________________________________ Thomas Papaleo, Mayor ATTEST: ________________________________ Stephanie Evans, Borough Clerk ********* 2ND READING & HEARING ON ORDINANCES- Mayor Papaleo read the title of Ordinance #21-15 into the record. Ordinance #21-15 AN ORDINANCE BY THE BOROUGH OF RIVER EDGE IN THE COUNTY OF BERGEN, NEW JERSEY PROHIBITING THE OPERATION OF ANY CLASS OF CANNABIS BUSINESSES WITHIN ITS GEOGRAPHICAL BOUNDARIES AND AMENDING CHAPTER 416, ZONING OF THE RIVER EDGE BOROUGH CODE Ordinance #21-15 was introduced by Councilman Chinigo, seconded by Councilman Gautier and unanimously approved at the April 26, 2021 meeting as follows: BOROUGH OF RIVER EDGE ORDINANCE NO. 21-15 AN ORDINANCE BY THE BOROUGH OF RIVER EDGE IN THE COUNTY OF BERGEN, NEW JERSEY PROHIBITING THE OPERATION OF ANY CLASS OF CANNABIS BUSINESSES WITHIN ITS GEOGRAPHICAL BOUNDARIES AND AMENDING CHAPTER 416, ZONING OF THE RIVER EDGE BOROUGH CODE WHEREAS, in 2020 New Jersey voters approved Public Question No. 1, which amended the New Jersey Constitution to allow for the legalization of a controlled form of marijuana called “cannabis” for adults at least 21 years of age; and WHEREAS, on February 22, 2021, Governor Murphy signed into law P.L. 2021, c. 16, known as the “New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act” (the “Act”), which legalizes the recreational use of marijuana by adults 21 years of age or older, and establishes a comprehensive regulatory and licensing scheme for commercial recreational (adult use) cannabis operations, use and possession; and WHEREAS, the Act establishes six marketplace classes of licensed businesses, including: • Class 1 Cannabis Cultivator license, for facilities involved in growing and cultivating cannabis; • Class 2 Cannabis Manufacturer license, for facilities involved in the manufacturing, preparation, and packaging of cannabis items;  • Class 3 Cannabis Wholesaler license, for facilities involved in obtaining and selling cannabis items for later resale by other licensees; • Class 4 Cannabis Distributer license, for businesses involved in transporting cannabis plants in bulk from on licensed cultivator to another licensed cultivator, or cannabis items in bulk from any type of licensed cannabis business to another; • Class 5 Cannabis Retailer license for locations at which cannabis items and related supplies are sold to consumers; and • Class 6 Cannabis Delivery license, for businesses providing courier services for consumer purchases that are fulfilled by a licensed cannabis retailer in order to make deliveries of the purchases items to a consumer, and which service would include the ability of a consumer to make a purchase directly through the cannabis delivery service which would be presented by the delivery service for fulfillment by a retailer and then delivered to a consumer. WHEREAS, section 31a of the Act authorizes municipalities by ordinance to adopt regulations governing the number of cannabis establishments (defined in section 3 of the Act as “a cannabis cultivator, a cannabis manufacturer, a cannabis wholesaler, or a cannabis retailer”), cannabis distributors or cannabis delivery services allowed to operate within their boundaries, as well as the location manner and times operation of such establishments, distributors or delivery services, and establishing civil penalties for the violation of any such regulations; and WHEREAS, section 31b of the Act authorizes municipalities by ordinance to prohibit the operation of any one or more classes of cannabis establishments, distributors, or delivery services anywhere in the municipality; and WHEREAS, section 31b of the Act also stipulates, however, that any municipal regulation or prohibition must be adopted within 180 days of the effective date of the Act (i.e., by August 22, 2021); and WHEREAS, pursuant to section 31b of the Act, the failure to do so shall mean that for a period of five years thereafter, the growing, cultivating, manufacturing, selling and reselling of cannabis and cannabis items shall be permitted uses in all industrial zones, and the retail selling of cannabis items to consumers shall be a conditional use in all commercial and retail zones; and WHEREAS, at the conclusion of the initial and any subsequent five-year period following a failure to enact local regulations or prohibitions, the municipality shall again have 180 days to adopt an ordinance regulating or prohibiting cannabis businesses, but any such ordinance would be prospective only and would not apply to any cannabis business already operating within the municipality; and WHEREAS, the Mayor and Council of the Borough of River Edge has determined that, due to present uncertainties regarding the potential future impacts that allowing one or more classes of cannabis business might have on New Jersey municipalities in general, and on the Borough of River Edge in particular, it is at this time necessary and appropriate, and in the best interest of the health, safety and welfare of Borough of River Edge’s residents and members of the public who visit, travel, or conduct business in the Borough of River Edge, to the Borough of River Edge’s zoning regulations to prohibit all manner of marijuana-related land use and development within the geographic boundaries of the Borough of River Edge; and WHEREAS, officials from two prominent non-profit organizations that have been established for the purpose of advising New Jersey municipalities on legal matters such as have been presented by the Act (those organizations being the New Jersey State League of Municipalities and the New Jersey Institute of Local Government Attorneys) have strongly urged that, due to the complexity and novelty of the Act; the many areas of municipal law that are or may be implicated in decisions as to whether or to what extent cannabis or medical cannabis should be permitted for land use purposes or otherwise regulated in any particular municipality; and the relatively short duration in which the Act would allow such decisions to be made before imposing an automatic authorization of such uses in specified zoning districts subject to unspecified conditions, the most prudent course of action for all municipalities, whether or not generally in favor of cannabis or medical cannabis land development and uses, would be to prohibit all such uses within the Act’s 180-day period in order to ensure sufficient time to carefully review all aspects of the Act and its impacts; NOW THEREFORE, BE IT ORDAINED, by the Mayor and Council of the Borough of River Edge, in the County of Bergen, State of New Jersey, as follows: 1. Pursuant to section 31b of the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (P.L. 2021, c. 16), all cannabis establishments, cannabis distributors or cannabis delivery services are hereby prohibited from operating anywhere in the Borough of River Edge, except for the delivery of cannabis items and related supplies by a delivery service. 2. Chapter 416, Zoning of the River Edge Revised General Ordinances is hereby amended by adding to the list of prohibited uses, the following: “All classes of cannabis establishments or cannabis distributors or cannabis delivery services as said terms are defined in section 3 of P.L. 2021, c. 16, but not the delivery of cannabis items and related supplies by a delivery service.” 3. Any article, section, paragraph, subsection, clause, or other provision of the Borough of River Edge inconsistent with the provisions of this ordinance is hereby repealed to the extent of such inconsistency. 4. If any section, paragraph, subsection, clause, or provision of this ordinance shall be adjudged by a court of competent jurisdiction to be invalid, such adjudication shall apply only to the section, paragraph, subsection, clause, or provision so adjudged, and the remainder of this ordinance shall be deemed valid and effective. 5. This ordinance shall take effect upon its passage and publication and filing with the Bergen County Planning Board, and as otherwise provided for by law. ATTEST: Stephanie Evans, Borough Clerk Thomas Papaleo, Mayor OPEN PUBLIC HEARING – Ordinance #21-15 On motion by Councilwoman Kaufman, seconded by Councilman Chinigo to open the hearing to the public on Ordinance #21-15 was unanimously approved. CLOSE PUBLIC HEARING – Ordinance #21-15 There being no comments by the public, the motion by Councilwoman Montisano-Koen, seconded by Councilwoman Kinsella to close public comments on Ordinance #21-15 was unanimously approved. ADOPTION – Ordinance #21-15 On motion by Councilwoman Montisano-Koen, seconded by Councilwoman Busteed, Ordinance #21-15 was adopted unanimously. ******** RESOLUTIONS - By Consent Lissette Aportela-said that her recommendation is for the Council to adopt the consent agenda as amended by adding resolution #21-188 approving a Memorandum of Agreement between REVAS and Holy Name Hospital for daytime EMS coverage in the Borough of River Edge and renumber the Payment of Bills to #21-189 and #21-190 for Closed Session. Councilwoman Busteed-asked for clarification if it was for 7 day coverage? Lissette Aportela-explained that it is for 7 day a week coverage during the day only and if they have a crew, they just need to schedule it and notify the hospital 24 hours in advance. On motion by Councilman Gautier, seconded by Councilman Chinigo resolution #21-174 through #21-188 were unanimously approved as follows: #21-174 Appointment Borough Representatives to the Open Space Trust Regional Committee WHEREAS, the Borough of River Edge has entered into a Cooperative Agreement with the County of Bergen as provided under the Interlocal Services Act NJSA 40A:8A-1 et seq. to participate in the Bergen County Open Space, Recreation, Farmland and Historic Preservation Trust Fund; and WHEREAS, said Agreement requires that one municipal representative be appointed by the governing body of the community to be part of the Open Space Trust Municipal Park Improvement Program Regional Committee for the term of one year coinciding with the fiscal year July 1, 2021 through June 30, 2022. NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Council of the Borough of River Edge herby appoint the Borough Administrator, Lissette Aportela as the representative for the Borough of River Edge and the Director of Recreation & Cultural Affairs, Carolyn Baldanza as the alternate to participate on the Open Space Trust Municipal Program Regional Committee; and BE IT FURTHER RESOLVED, that the Borough Clerk forward a certified copy of this resolution to the Executive Director of the Bergen County Open Space Trust Fund, the Borough Administrator, and the Director of Recreation & Cultural Affairs. June 14, 2021 ******** #21-175 Appointment of Borough Representatives to the Community Development Regional Committee WHEREAS, the Borough of River Edge has entered into a three-year Cooperative Agreement with the County of Bergen as provided under the Interlocal Services Act N.J.S.A. 40A:8a-1 et seq. and Title 1 of the Housing and Community Development Act of 1974; and WHEREAS, said Agreement requires that the Governing Body appoint a representative and alternate for the FY 2021-2022 term starting July 1, 2021 and ending on June 30, 2022.  NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Borough of River Edge hereby appoints the Borough Administrator, Lissette Aportela as its representative and the Department of Public Works Superintendent as its alternate to serve on the Community Development Regional Committee for FY 2021-2022; and BE IT FURTHER RESOLVED that an original certified copy of this resolution be immediately emailed and sent via postage by the Borough Clerk to Robert G. Esposito, Director; Bergen County Division of Community Development; One Bergen County Plaza, Fourth Floor; Hackensack, New Jersey 07601 (resposito@co.bergen.nj.us); and BE IT FURTHER RESOLVED, that the Borough Clerk forward a certified copy of this resolution to the Borough Administrator and the Department of Public Works Superintendent. June 14, 2021 ******** #21-176 Authorize Purchase of SUV for the Department of Public Works WHEREAS, the purchase of a new SUV for the Department of Public Works was authorized in the 2021 capital budget; and WHEREAS, the Borough of River Edge is a member of the Educational Services Commission of New Jersey (ESCNJ) since July 11, 2019; and WHEREAS, the Department of Public Works Superintendent, Jason Milito obtained quote from Mall Chevrolet for a 2022 Chevrolet Tahoe via ESCNJ Contract #ESCNJ 20//21-09 for $46,782.03 and has recommended at a purchase order be issued to Mall Chevrolet; and WHEREAS, Chief Financial Officer Chris Battaglia has advised that funding is available for this project. NOW THEREFORE BE IT RESOLVED by the Mayor and Council of the Borough of River Edge that the Department of Public Works Superintendent, Jason Milito is authorized to issue a purchase order for a 2022 Chevrolet Tahoe to Mall Chevrolet, having its principal office at 75 Haddonfield Road in Cherry Hill, NJ 08002 based on the quote submitted on May 23, 2021 in the amount of $46,782.03. June 14, 2021 ******** #21-177 Approval to Waive a Portion of the Police Outside Duty Rate for Casey Park, 163 Voorhis Avenue, River Edge, New Jersey WHEREAS, Casey Park had a tree removed from his property; and WHEREAS, at the request of the tree company, a police officer was requested for traffic duty because a street closure was required; and WHEREAS, Casey Park made an appeal to waive the administrative fee portion of the $135.00 per hour rate and be billed for the officer’s overtime rate; and WHEREAS, the Mayor and Council recommend that the outside duty rate of the $135.00 be waived and that the actual overtime rate of the police officer assigned to that duty be charged.  NOW, THEREFORE, BE IT RESOLVED that the Police Department and the Chief Financial Officer are instructed to adjust their billing accordingly and to notify Casey Park of the fee to be paid for the services provided. June 14, 2021 ********* #21-178 Authorize Purchase of Radios for the Department of Public Works Under State Contract WHEREAS, the purchase of a new SUV, two new Mason Dump Trucks, and a Backhoe for the Department of Public Works was authorized in the 2021 capital budget; and WHEREAS, the Superintendent of the Department of Public Works, Jason Milito investigated the options to purchase radios for these vehicles and equipment under a New Jersey State Bid contract; and WHEREAS, after evaluating the options for the purchase of the radios, the Superintendent has recommended purchasing Motorola CM300D radios and related accessories; and WHEREAS, the New Jersey Local Public Contracts Law, N.J.S.A. 40A:11-12, permits municipalities to purchase goods and services without advertising for bids, from companies under any contract or contracts for such goods or services entered into on behalf of the State by the Division of Purchase and Property in the Department of the Treasury, commonly referred to as “State Contracts”; and WHEREAS, the purchase of Motorola CM300D radios, related accessories and installation, qualifies to be purchased using State Contract #83909, from Goosetown Communications of 58 North Harrison Avenue in Congers, NY 10920, at a total cost of $4,244.76; and WHEREAS, Borough Administrator/Qualified Purchasing Agent, Lissette Aportela has verified that State Contract #83909, was awarded to Motorola Solutions on May 1, 2013 through April 30, 2022; and WHEREAS, Borough Administrator/Qualified Purchasing Agent, Lissette Aportela has verified that Goosetown Communications with Vendor ID V00001813 is an authorized vendor under aforesaid State 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 Superintendent of the Department of Public Works, Jason Milito is hereby authorized to purchase Motorola CM300D radios, related accessories and installation under State Contract #83909 at a total cost of $4,244.76 from Goosetown Communications. June 14, 2021 ******** #21-179 Approve Renewal of Liquor Licenses WHEREAS, application for renewal of liquor licenses have been filed with the Clerk of the Borough of River Edge by the following licenses; and  WHEREAS, reports have been received from the Police Department, Fire Prevention Official and the Department of Health that the following premises holding liquor licenses in the Borough have been found in order in accordance with the rules and regulations of this Borough and the required fees have been received. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council for the Borough of River Edge that the following licenses be issued for the premises described for a period of one (l) year commencing July l, 2021; and BE IT FURTHER RESOLVED that Stephanie Evans, Borough Clerk, be directed to sign and deliver said licenses on behalf of the Borough of River Edge. PLENARY RETAIL DISTRIBUTION LICENSES 0252-44-005-004 E.G. Holding Corporation, T/A Total Wine & More 1001 Main Street, Store 303 River Edge, New Jersey0 7661 $2,500.00 0252-44-003-004 Wine and Liquor River Edge LLC T/A River Edge Liquors, 504 Kinderkamack Road River Edge, New Jersey 07661 $2,500.00 PLENARY RETAIL CONSUMPTION LICENSE W/BROAD PACKAGE PRIVILEGE 0252-32-006-008 River Edge Inc, T/A River Edge Diner & Restaurant 516 Kinderkamack Road $2,500.00 River Edge, New Jersey 07661 PLENARY CONSUMPTION LICENSE 0252-33-001-009 Sonny T LLC 259 Johnson Avenue $2,500.00 River Edge, New Jersey 07661 0252-33-004-002 PBJ Restaurant LLC., T/A Feathers, 77 Kinderkamack Road. River Edge, New Jersey 07661 $2,500.00 0252-44-002-012 Country Wine & Liquors, LLC T/A Country Wine & Liquors 842 Kinderkamack Road River Edge, New Jersey 07661 $2,500.00 CLUB LICENSES 0252-31-008-001 Knights of Columbus The Columbian Club, T/A River Edge Columbian Club, 770 Kinderkamack Road River Edge, New Jersey 07661 $ 50.00 June 14, 2021 ******** #21-180 Recovering Funds from Non-Vested Former LOSAP Members WHEREAS, the Comptroller of the State of New Jersey issued an investigative report entitled “Emergency Services Volunteer Length of Services Award Program” on June 30, 2015; and WHEREAS, in that report the State Comptroller recommended as a best practice that LOSAP funds held in dormant accounts be returned to their sponsoring municipality; and WHEREAS, Nicholas Gedeon contacted Lincoln Financial directly and indicated that he left volunteer service with the River Edge Volunteer Ambulance Service; and WHEREAS, the River Edge Volunteer Ambulance Service confirmed that Mr. Gedeon is no longer a member of the organization; and WHEREAS, upon review of Mr. Gedeon’s account, he left service prior to vesting and if a participant leaves before vesting, the contract can be surrendered, and funds can be returned to the Borough. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of River Edge, that the Borough’s Chief Financial Officer is authorized to request the return of the unvested funds to the Borough. BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Chief Financial Officer and Borough Administrator. June 14, 2021 ******** #21-181 Amend Resolution #21-157 Authorizing the Purchase of 2 Mason Dump Trucks for the Department of Public Works Under State Contract WHEREAS, Resolution #21-157, adopted on May 24, 2021 authorized the purchase of two 2021 Ford F550 Mason Dump Trucks, qualify to be purchased using State Contract #17-FLEET- 00241, from Route 23 Automall of 1301 Route 23 in Butler, NJ 07405 for $76,286 each at a total cost of $152,572.00; and WHEREAS, upon further investigation by the Superintendent of the Department of Public Works, Jason Milito, under aforesaid state contract the cost of one 2021 Ford F550 Mason Dump Truck (gasoline) is $68,904 and the cost of the other 2021 Ford F550 Mason Dump Truck (diesel) is $76,286 for a total cost of $145,190; 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 Resolution #21-157 is hereby amended; and BE IT FURTHER RESOLVED, that Superintendent of the Department of Public Works, Jason Milito is hereby authorized to purchase two 2021 Ford F550 Mason Dump Trucks under State Contract #17-FLEET-00241 at a total cost of $145,190 from Route 23 Automall. June 14, 2021 ******** #21-182 Authorize Purchase of Backhoe for the Department of Public Works WHEREAS, the purchase of a Backhoe for the Department of Public Works was authorized in the 2021 capital budget; and WHEREAS, the Borough of River Edge is a member (ID# 10112) of Sourcewell (formerly known as National Joint Powers Alliance NJPA) as permitted by PL 2001, c. 139; and WHEREAS, the Department of Public Works Superintendent, Jason Milito prepared a cost savings determination recommending the purchase through the national cooperative; and WHEREAS, the Department of Public Works Superintendent, Jason Milito obtained quote from Foley, Inc, a local distributor for Caterpillar for a 420ST Backhoe Loader under Sourcewell Contract #032119-CAT in the amount of $124,252; and WHEREAS, a notice of intent to award a contract under a national cooperative purchasing agreement was published in the Record on May 21, 2021; and WHEREAS, Foley, Inc, has submitted a Business Entity Disclosure Certification on May 20, 2021, which certifies that the company has not made any contributions to any political or candidate committee in the Borough of River Edge in the previous one year that would render the company ineligible to be awarded this contract, and that the proposed contract prohibits Foley, Inc from making any such reportable contributions through the term of the contract; and WHEREAS, Foley, Inc. has submitted a Political Contribution Disclosure Form on May 20, 2021, required pursuant to NJSA 19:44A-20.26; and WHEREAS, Chief Financial Officer Chris Battaglia has advised that funding is available for this project. NOW THEREFORE BE IT RESOLVED by the Mayor and Council of the Borough of River Edge that the Department of Public Works Superintendent, Jason Milito is authorized to issue a purchase order for a Caterpillar 420ST Backhoe Loader to Foley, Inc., having its principal office at 855 Centennial Avenue in Piscataway, NJ 08855 in the amount of $124,252.00 under Sourcewell Contract #032119-CAT. June 14, 2021 ******** #21-183 Authorize Purchase of Brush Chipper for the Department of Public Works WHEREAS, the purchase of a Brush Chipper for the Department of Public Works was authorized in the 2021 capital budget; and WHEREAS, the Borough of River Edge is a member (ID# 10112) of Sourcewell (formerly known as National Joint Powers Alliance NJPA) as permitted by PL 2001, c. 139; and WHEREAS, the Department of Public Works Superintendent, Jason Milito prepared a cost savings determination recommending the purchase through the national cooperative; and WHEREAS, the Department of Public Works Superintendent, Jason Milito obtained quote from Northeastern Arborist Supply, a local distributor for Bandit Industries for an Intimidator 18XP Brush Bandit Chipper under Sourcewell Contract #062117-BAN in the amount of $64,331.20; and WHEREAS, a notice of intent to award a contract under a national cooperative purchasing agreement was published in the Record on May 21, 2021; and WHEREAS, Northeastern Arborist Supply has submitted a Business Entity Disclosure Certification on May 21, 2021, which certifies that the company has not made any contributions to any political or candidate committee in the Borough of River Edge in the previous one year that would render the company ineligible to be awarded this contract, and that the proposed contract prohibits Northeastern Arborist Supply from making any such reportable contributions through the term of the contract; and WHEREAS, Northeastern Arborist Supply has submitted a Political Contribution Disclosure Form on May 21, 2021, required pursuant to NJSA 19:44A-20.26; and WHEREAS, Chief Financial Officer Chris Battaglia has advised that funding is available for this project. NOW THEREFORE BE IT RESOLVED by the Mayor and Council of the Borough of River Edge that the Department of Public Works Superintendent, Jason Milito is authorized to issue a purchase order for an Intimidator 18XP Brush Bandit Chipper to Northeastern Arborist Supply, having its principal office at 50 Notch Road in Woodland Park, NJ 07424 in the amount of $64,331.20 under Sourcewell Contract #062117-BAN. June 14, 2021 ******** #21-184 Authorize Purchase of Turnout Gear for the Fire Department Under State Contract WHEREAS, the purchase of turnout gear for the River Edge Fire Department was authorized in the 2021 capital budget; and WHEREAS, the Fire Chief, William Sanders investigated the options to purchase turnout gear under a New Jersey State Bid contract; and WHEREAS, after evaluating the options for the purchase of the turnout gear, the Fire Chief has recommended purchasing a complete set of Fire Dex Gear and Fire Dex Wear Trial Gear; and WHEREAS, the New Jersey Local Public Contracts Law, N.J.S.A. 40A:11-12, permits municipalities to purchase goods and services without advertising for bids, from companies under any contract or contracts for such goods or services entered into on behalf of the State by the Division of Purchase and Property in the Department of the Treasury, commonly referred to as “State Contracts”; and WHEREAS, the purchase of the Fire Dex Gear and Fire Dex Wear Trial Gear, qualifies to be purchased using State Contract #17-FLEET-00811, from New Jersey Fire Equipment Company of 119-131 Route 22 East in Green Brook, NJ 08812, at a total cost of $29,043.50; and WHEREAS, Borough Administrator/Qualified Purchasing Agent, Lissette Aportela has verified that State Contract #17-FLEET-00811, was awarded to Fire-Dex LLC on June 15, 2019 through June 14, 2022; and WHEREAS, Borough Administrator/Qualified Purchasing Agent, Lissette Aportela has verified that New Jersey Fire Equipment Company with Vendor ID V00000570 is an authorized vendor under aforesaid State 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 Fire Chief William Sanders is hereby authorized to purchase Fire Dex Gear and Fire Dex Trial Gear under State Contract #17-FLEET-00811 at a total cost of $29,043.50 from New Jersey Fire Equipment Company. June 14, 2021 ******** #21-185 Award Contract – Cleaning Services for the Borough of River Edge WHEREAS, on Tuesday, May 18, 2021, at 11:00 a.m., six 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 $41,983 per year and has recommended the bid be awarded to Tropical Cleaning Services LLC, for a contract term from July 1, 2021 through June 30, 2023, with an option to renew the contract for an additional 24 months; 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 2021, 2022, and 2023 budgets not to exceed $41,983.00 per contract year. 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 $41,983.00 per contract year from July 1, 2021, through June 30, 2023, based on the bid, submitted on May 18, 2021; and BE IT FURTHER RESOLVED that the Mayor and Borough Administrator are hereby authorized to sign said contract on behalf of the Borough of River Edge. June 14, 2021 ******** #21-186 Approval to Submit a Grant Application and Execute a Grant Contract with the New Jersey Department of Transportation for the Continental Avenue (Section 3) Improvement Project NOW, THEREFORE, BE IT RESOLVED that Governing Body of the Borough of River Edge formally approves the grant application for the above stated project. BE IT FUTHER RESOLVED that the Mayor and Clerk are hereby authorized to submit an electronic grant application identified as LAIF-2021-Continental Avenue (Section 3)-00063 to the New Jersey Department of Transportation on behalf of the Borough of River Edge. BE IT FURTHER RESOLVED that the Mayor and Clerk are hereby authorized to sign the grant agreement on behalf of the Borough of River Edge and that their signature constitutes acceptance of the terms and conditions of the grant agreement and approves the execution of the grant agreement. June 14, 2021 ******** #21-187 Approval to Submit a Grant Application and Execute a Grant Agreement with the New Jersey Department of Transportation for the 2022 Municipal Aid Application Bogert Road Improvement, Section 6 WHEREAS, the Borough of River Edge continues to develop projects that will improve access and maintenance on public roads; and WHEREAS, the Borough of River Edge’s Engineering Department has provided plans specifically designed to address and improve traffic flow/safety issues and maintenance on our roads; and WHEREAS, the Borough of River Edge has submitted plans to the State of New Jersey, Department of Transportation for Municipal Aid and will continue to do so in the future; and WHEREAS, the Borough of River Edge has identified Bogert Road, Section 6 in desperate need of repair. NOW, THEREFORE, BE IT RESOLVED, that the Council of the Borough of River Edge, in the County of Bergen, State of New Jersey formally approves the grant application for Bogert Road $1,975,189.32. BE IT FUTHER RESOLVED that the Mayor and Clerk are hereby authorized to submit an electronic grant application identified as MA-2022-Bogert Road (Section 6)-00353, River Edge Borough, Bogert Road, Section 6, Application # MA-2022-00353 to the New Jersey Department of Transportation on behalf of the Borough of River Edge. BE IT FURTHER RESOLVED that the Mayor and Clerk are hereby authorized to sign the grant agreement on behalf of the Borough of River Edge and that their signature constitutes acceptance of the terms and conditions of the grant agreement and approves the execution of the grant agreement. BE IT FINALLY RESOLVED that the Borough Clerk’s signature and the Municipal seal serve to acknowledge this resolution and constitute acceptance of the terms and conditions of the grant agreement and approve the execution of the grant agreement as authorized by this resolution. June 14, 2021 ******** #21-188 Approve Memorandum of Agreement Between the River Edge Volunteer Ambulance Service and Holy Name Hospital for Daytime EMS Coverage for the Borough of River Edge BE IT RESOLVED by the Mayor and Council of the Borough of River Edge, that the River Edge Volunteer Ambulance Service (REVAS) is authorized to execute a Memorandum of Agreement with Holy Name Hospital for daytime EMS coverage, as presented by REVAS to the governing body on June 14, 2021; and  BE IT FURTHER RESOLVED, that Mayor Thomas Papaleo is authorized to execute the aforesaid Memorandum of Agreement on behalf of the Borough of River Edge; and BE IT FINALLY RESOLVED, that the Borough Clerk provide a certified copy of this resolution to REVAS to include with the Memorandum of Agreement. June 14, 2021 ******** Councilwoman Kaufman read resolution #21-189 into the record. On motion by Councilwoman Kaufman, seconded by Councilman Gautier resolution #21-189 was unanimously approved. #21-189 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 June 14, 2021. BE IT RESOLVED, that the Mayor and Council of the Borough of River Edge approve the following expenditures. CURRENT FUND $238,769.22 CAPITAL FUND $133,294.39 GRANT FUND $ 2,684.14 ANIMAL CONTROL FUND $ 7.20 TRUST OTHER FUND $ 3,776.15 OPEN SPACE FUND $ 871.00 PAYROLL FUND $ 12,049.66 DEVELOPER’S ESCROW FUND $ 2,992.50 SELF INSURANCE TRUST FUND $ 1,576.66 RECREATION TRUST FUND $ 3,422.59 June 14, 2021 NEW BUSINESS – Block Party Requests – Princeton Drive & Manchester Road – the Borough Administrator explained that residents had previously submitted a conceptual request a few meetings ago and now they’ve narrowed it down and selected a date and would like to know if the governing body will allow it to take place and allow alcohol at the event. If they allow both, a resolution would be placed on the next meeting. There were no objections by the Council to approve both requests. Additional Crossing Guard Post-the Borough Administrator said that Traffic & Safety, based on a request and evaluation, recommended to add a crossing guard post. In order to actuate that for the upcoming year, the ordinance needs to be amended designating school crossings. Council President Chinigo-stated that there is a need for an additional crossing guard now because there are children coming from the new development by the foot of Reservoir and Kinderkamack. The Traffic & Safety Committee and Police Department agreed that it would be in everyone’s best interest to have someone out there crossing the children. There were no objections by the Council. Grand Marshall- Councilwoman Montisano-Koen said that our Rec Director, Carolyn Baldanza reached out to her and Councilwoman Busteed this afternoon requesting that they announce the Grand Marshall who has been chosen for the July 4th parade. Ed McDermott was chosen by the Rec Commission as Grand Marshall. Councilwoman Busteed-said that the nomination has come forward unanimously and it has been the past practice of the Council to confirm the nomination. Councilwoman Busteed gave a brief background of Mr. McDermott and the reason he was chosen as Grand Marshall. On motion by Councilwoman Montisano-Koen, seconded by Councilwoman Busteed to affirm the nomination of Ed McDermott as Grand Marshall was unanimously approved. OLD BUSINESS – KGB Status-Lissette Aportela said that she spent most of the day with the Borough Engineer and reviewing several projects. As far as KBG there is activity moving forward from the borough’s end, contract with environ specialist to confirm wetlands lines, update typography, conduct survey for land interpretation and it would determine if the lines have changed or if there is title or non title. As it was explained to her, if it’s deed title it simplifies the permitting process and if its deed non title then the borough would need to pursue permits and additional waivers. Our engineer is working with the environmental specialist to coordinate this effort and submit everything to the DEP who will then provide guidance to the borough as to what’s permitted and what’s not permitted and what steps for remediation that may have to take place. In anticipation, they will be reaching out to County to get an extension for the first phase of the grant which was supposed to be completed by December 2021 but she doesn’t see any issues because everything is contingent on State approvals. Councilwoman Montisano-Koen-wanted to clarify with Lissette, that because of these timelines, they have been hesitant to invite the leagues to come to the sub-committee meetings to express their needs and wish lists for purposes of the improvements of the fields. She asked that since this is moving already, can they move ahead and schedule these meetings or is it still premature? Lissette Aportela-felt that it’s still premature because first they have to find out what the State will allow us to do and then once we have those parameters, we can let the leagues know so they can tailor their wishlist into what is realistic and feasible. They may have concepts in mind, but if they present the wishlist and go through the exercise and the state yes, no or some type of modification in between, we will have to go back to the leagues. She feels that they should get everything finalized with the State and then move forward. Councilwoman Montisano-Koen – what is likelihood on getting an ETA on this project? Lissette Aportela-hopes by the end of the summer they’ll have some idea on what to do with this project. Council President Chinigo-also feels it’s premature because we really need to know what the parameters are before we go to the leagues. Mayor Papaleo-said that it’s good to have it on the record so that everyone knows what’s going on. Senior Transportation Update- Lissette Aportela-explained that senior transportation is moving forward and they are mainly focusing on Shop Rite in Paramus and New Milford. The Coordinator is reaching out and posting on web as July 1st they will expand trips to the Bergen Mall, Kohls, Paramus Park and a Farmers Market in Glen Rock that was recommended by one of the passengers. The program is expanding and providing greater socialization for our seniors. Cannabis Committee- Council President Chinigo-said there’s nothing to report at this time and hopefully after the workshop they will be able to provide more updates. PUBLIC COMMENTS – On motion by Councilwoman Kinsella, seconded by Councilwoman Kaufman to open for public comments was unanimously approved. There being no comments by the public, the motion by Councilman Chinigo, seconded by Councilwoman Montisano-Koen to close public comments was unanimously approved. COUNCIL COMMENTS – Councilwoman Kaufman-thanked REVAS for everything they do for us and for all of their hard work. Councilwoman Busteed-was asked by the County Executive to offer a proclamation regarding his recognition of LGBTQ Pride Month in River Edge. He is joining with the Borough and the LGBTQ community in celebrating Pride Month and offered this proclamation for us. She reminded the Council and the public that June 4th was the 7th National Gun Violence Awareness Day and asked that we add the proclamation for gun violence on for the next meeting. On motion by Councilman Gautier, seconded by Councilwoman Busteed, resolution #21- 190 to go into closed session was unanimously approved. #21-190 Resolution to Go Into Closed Session and Exclude Public WHEREAS, the Open Public Meetings Act, N.J.S.A. 10:4-12, permits the exclusion of the public from a meeting in certain enumerated circumstances; and WHEREAS, this public body is of the opinion that such circumstances will or 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 June 14, 2021 Regular Meeting and discussion of the hereinafter specified subject matter: Closed Session Statutory Docket # Item Title or Description Reference 21-6/14-1 Potential Litigation – OPRA Request N.J.S.A. 10:4-12(b)(7) 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. June 14, 2021 ADJOURNMENT – 7:46 P.M. On motion by Councilwoman Montisano-Koen, seconded by Councilwoman Kaufman to adjourn the meeting at 7:46 p.m was unanimously approved. ____________________________________ Mayor Thomas Papaleo Attest: ________________________________________ Stephanie Evans, Borough Clerk