Mayor & Council Sine Die Hybrid Meeting

MINUTES Sine Die Meeting of the Mayor and Council Monday, January 4, 2023 7:00 P.M. CALL TO ORDER – A Sine Die Meeting of the Mayor and Council of the Borough of River Edge was held in person at the River Edge Public Library located at 685 Elm Avenue, River Edge, NJ 07661 and virtually via Zoom on January 4, 2023. The meeting was called to order at 7:01 p.m. by Mayor Thomas Papaleo. SILENT PRAYER – FLAG SALUTE Mayor Papaleo called for a moment of silent reflection for all armed service men and women. Mayor Papaleo led those present in the salute to the flag. STATEMENT – 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 December 15, 2022 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 Kinsella, Councilwoman Malellari, Councilwoman Montisano-Koen and Mayor Papaleo. ABSENT: Councilwoman Busteed ALSO PRESENT: Borough Administrator Lissette Aportela Borough Attorney Thomas Sarlo, Esq. APPROVAL OF MINUTES – On a motion by Councilman Chinigo, seconded by Councilwoman Malellari, and all members present voting in favor, that the Minutes of the Mayor and Council Regular and Closed Session Meetings of December 12, 2022 are hereby approved. PUBLIC COMMENTS ON ANY ITEM ON THE AGENDA – On motion by Council President Kaufman, seconded by Councilwoman Montisano-Koen, and all present voting in favor, to open the floor for public comments on any item on the agenda. No one came forward. On a motion by Councilwoman Kinsella, seconded by Councilwoman Malellari, and all present voting in favor, to close the floor for public comments. APPOINTMENTS & PERSONNEL CHANGES – On motion by Councilman Chinigo, seconded by Council President Kaufman, that the following Appointments and Personnel changes for 2021 be approved: Approve the salary increase of Scott Ader, Road Foreperson in the Department of Public Works from an annual salary of $91,252.77 to Step 3 - $94,703.50 effective December 14, 2022. Approve the salary increase of Jeffrey Staron, Patrol Officer from an annual salary of $81,988.00 to Patrol Officer 14th Grade - $91,447.00, effective January 1, 2023. Approve the salary increase of Matthew Piterski, Patrol Officer from an annual salary of $81,998.00 to Patrol Officer 14th Grade - $91,447.00, effective January 1, 2023. Approve the salary increase of Joseph Collins, Crossing Guard from an hourly probationary rate of $18.00 to Step 1 - $20.89 effective December 27, 2022. Approve the salary increase of Louis Rocco, Crossing Guard from an hourly probationary rate of $18.00 to Step 1 - $20.89 effective September 27, 2022. Approve the salary increase of Matt Panchi, Police Dispatcher from an hourly probationary rate of $20.00 to Step 1 - $22.50 effective October 25, 2022. Approve the salary increase of Ana Pena, Police Dispatcher from an hourly probationary rate of $20.00 to Step 1 - $22.50 effective October 25, 2022. Approve the salary increase of Cecilia Ireola, Police Dispatcher from an hourly probationary rate of $20.00 to Step 1 - $22.50 effective October 25, 2022. Approve the salary increase of Katie Sullivan, Police Dispatcher from an hourly probationary rate of $20.00 to Step 1 - $22.50 effective September 29, 2022. Approve the salary increase of Carolina Flores, Police Dispatcher from an hourly probationary rate of $20.00 to Step 1 - $22.50 effective September 29, 2022. Approve the extension of Olivia Shnaper as temporary intern for the Building Department for assistance with the relocation of Building Department and Land Use files, and preparation for the upcoming audit by the Department of Community Affairs from November 1, 2022 through January 31, 2023. On a roll call, the vote was recorded as follows: Councilwoman Busteed: absent Councilwoman Kinsella: aye Councilman Chinigo: aye Councilwoman Malellari aye Council President Kaufman: aye Councilwoman Montisano-Koen: aye MONTHLY REPORTS – Mayor Papaleo advised that the following reports are on file in the Office of the Borough Clerk and available for review:  Land Use Board - October 26, 2022 RESOLUTIONS – By Consent a. #22-356 Enter Into a Shared Services Agreement with the Northwest Bergen County Utilities Authority for TV Inspection Services b. #22-357 Authorize Purchase Self-Contained Breathing Apparatus Compressor for the River Edge Fire Department c. #22-358 Amend Employment Agreement – Borough Administrator d. #22-359 Amend Employment Agreement – Borough Clerk e. #22-360 Approve Change Order #2 – Borough Hall Selective Demolition f. #22-361 Approve Change Order #2 – Continental Avenue LAIF 2019 g. #22-362 Approve Change Order #3 – Borough Hall Selective Demolition h. #22-363 Approve Appointment of Junior Firefighter i. #22-364 Approve Appointment of Junior Firefighter j. #22-365 Authorize Execution of Agreement – 2021 Municipal Park Improvement Program Batting Cages & Hockey Rink at Memorial Park Project k. #22-366 Resolution Authorizing Budget Transfers for the Calendar Year 2022 Motion by Council President Kaufman, seconded by Councilwoman Kinsella, that the Consent Agenda be approved. The vote was recorded as follows: Councilwoman Busteed: absent Councilwoman Kinsella: aye Councilman Chinigo: aye Councilwoman Malellari aye Council President Kaufman: aye Councilwoman Montisano-Koen: aye ******** #22-356 Enter Into a Shared Services Agreement with the Northwest Bergen County Utilities Authority for TV Inspection Services This Agreement is made this 1st day of January, 2023, by and between the Borough of River Edge, a Municipal Corporation of the State of New Jersey located at 705 Kinderkamack Road, River Edge, New Jersey 07661, (hereafter “Borough”) and the Northwest Bergen County Utilities Authority (hereafter “NBCUA”) 30 Wyckoff Avenue at Authority Drive, Waldwick, New Jersey. WHEREAS, the Borough of River Edge has a need for TV Inspection Services of the sanitary sewer system or other systems; and WHEREAS, the State’s Best Practices highly recommended that municipalities find ways to share services; and WHEREAS, the Borough and NBCUA wish to enter into an a two-year agreement whereby NBCUA will provide TV Inspection Services of the sanitary sewer system or other systems, for the years 2023 and 2024; and WHEREAS, this agreement is an open ended contract as per N.J.A.C. 5:34-4.9 and thus the certificate of availability of funds required by N.J.A.C. 5:34-5 shall be executed each time an order is placed, covering the amount of the order at that time; and WHEREAS, the Participants are desirous of entering into an Agreement pursuant to the provisions of N.J.S.A. 40A:65.5 et seq whereby a Shared Service Agreement can lower the cost of T.V. services to the taxpayers of the Borough and the users of the NBCUA; and WHEREAS, each of the Participants has adopted an authorizing resolution pursuant to the provisions of N.J.S.A. 40A:65.5 et seq. NOW, THEREFORE, BE IT RESOLVED that the Mayor and Clerk are hereby authorized to enter into an agreement with the Northwest Bergen County Utilities Authority which is on file in the Borough. ******** #22-357 Authorize Purchase Self-Contained Breathing Apparatus Compressor for the River Edge Fire Department WHEREAS, the purchase of a self-contained breathing apparatus compressor was authorized in Ordinance 22-16, adopted on December 12, 2022; and WHEREAS, the Borough of River Edge is a member (ID# M-5806370) of National Purchasing Partners (NPP) as permitted by PL 2001, c. 139; and WHEREAS, the Fire Chief Gregg Cariddi prepared a cost savings determination recommending the purchase through the national cooperative; and WHEREAS, the Fire Chief Cariddi obtained quote from New Jersey Fire Equipment, a local distributor for Arctic Compressor for C-0410A6E3SHPA3C 4 Stage, 10 HP Open Frame Compressor and related accessories under NPP Contract #PS20090 in the amount of $42,419.71; and WHEREAS, a notice of intent to award a contract under a national cooperative purchasing agreement was published in the Record on December 20, 2022; and WHEREAS, New Jersey Fire Equipment, has submitted a Business Entity Disclosure Certification on December 19, 2022, 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 New Jersey Fire Equipment from making any such reportable contributions through the term of the contract; and WHEREAS, New Jersey Fire Equipment. has submitted a Political Contribution Disclosure Form on December 19, 2022, required pursuant to NJSA 19:44A-20.26; and WHEREAS, Chief Financial Officer Chris Battaglia has advised that funding is available for this purchase. NOW THEREFORE BE IT RESOLVED by the Mayor and Council of the Borough of River Edge that the Fire Chief Gregg Cariddi is authorized to issue a purchase order for a C-0410A6E3SHPA3C 4 Stage, 10 HP Open Frame Compressor and related accessories to New Jersey Fire Equipment, having its principal office 119- 131 Route 22 East Green Brook, NJ 08812 in the amount of $42,419.71 under NPP Contract #PS20090. ******** #22-358 Amend Employment Agreement – Borough Administrator BE IT RESOLVED, by the Mayor and Council of the Borough of River Edge, that the employment agreement appointing Lissette Aportela as Borough Administrator for a term of January 1, 2021 through December 31, 2022, which was authorized via Resolution #20-283, on December 14, 2020, and amended via Resolution 21-339 on December 13, 2021, is hereby amended with regards to the salary compensation for 2023 and a term extension through December 31, 2026; and BE IT FURTHER RESOLVED, that the Mayor and Borough Clerk are hereby authorized to execute an amended Employment Agreement with Lissette Aportela. ******** #22-359 Amend Employment Agreement – Borough Clerk BE IT RESOLVED, by the Mayor and Council of the Borough of River Edge, that the employment agreement appointing Anne Dodd as Borough Clerk for an initial term of November 29, 2021 through November 28, 2024, which was authorized via Resolution #21-302 on November 8, 2021, is hereby amended with regards to the addition of the position as Assistant Borough Administrator with an annual stipend as compensation; and BE IT FURTHER RESOLVED, that the Mayor and Borough Administrator are hereby authorized to execute an amended Employment Agreement with Anne Dodd. ******** #22-360 Approve Change Order #2 – Borough Hall Selective Demolition WHEREAS, via resolution #R22-312, adopted November 2, 2022, the Mayor and Council authorized the award of a contract to Skopye, LLC, for the River Edge Borough Hall Selective Demolition Project in the amount of $228,000.00; and WHEREAS, N.J.A.C. 5:34-4.7 permits change orders for construction, reconstruction and major repair contracts; and WHEREAS, there is a need to consider Change Order No 2 due to the need to cut and cap the fire sprinkler line to Borough Hall which resulted in an increase of $810.70; and WHEREAS, the total amount of change orders approved to date including this change order do not exceed the originally awarded contract price by more than 20 percent; and WHEREAS, Change Order No. 2 has been reviewed and approved by the Borough Architect. NOW THEREFORE BE IT RESOLVED by the Mayor and Council of the Borough of River Edge that it does hereby authorize Change Order No. 2, a copy of which is attached hereto. BE IT FURTHER RESOLVED that the Borough Administrator is hereby authorized to execute Change Order #2. BE IT FURTHER RESOLVED that this Change Order shall increase the final contract price from $239,664.40 to $240,475.10. ******** #22-361 Approve Change Order #2 – LAIF 2019 Continental Avenue Project WHEREAS, via resolution #R21-203, adopted June 28, 2021, the Mayor and Council authorized the award of a contract to 4 Clean-Up, Inc, for the LAIF 2019 Continental Avenue Project, which included improvements to the Library parking lot as alternate A bid in the amount of $520,692.25; and WHEREAS, N.J.A.C. 5:34-4.7 permits change orders for construction, reconstruction and major repair contracts; and WHEREAS, there is a need to consider Change Order No 2 due to an increase in quantities which resulted in an increase of $50,971.10 ($12,542.99 – Continental Avenue and $38,428.11 – Library Parking Lot); and WHEREAS, the total amount of change orders approved to date including this change order does exceed the originally awarded contract price by more than 20 percent; and WHEREAS, Change Order No. 2 has been reviewed and approved by the Borough Engineer. NOW THEREFORE BE IT RESOLVED by the Mayor and Council of the Borough of River Edge that it does hereby authorize Change Order No. 2, a copy of which is attached hereto. BE IT FURTHER RESOLVED that the Borough Administrator is hereby authorized to execute Change Order #2. BE IT FURTHER RESOLVED that this Change Order shall increase the final contract price from $588,110.25 to $639,081.35. BE IT FURTHER RESOLVED that notice of the change order shall be published as required by law. ******** #22-362 Approve Change Order #3 – Borough Hall Selective Demolition WHEREAS, via resolution #R22-312, adopted November 2, 2022, the Mayor and Council authorized the award of a contract to Skopye, LLC, for the River Edge Borough Hall Selective Demolition Project in the amount of $228,000.00; and WHEREAS, N.J.A.C. 5:34-4.7 permits change orders for construction, reconstruction and major repair contracts; and WHEREAS, there is a need to consider Change Order No 3 for the removal vinyl asbestos tile on the first and second floors of Borough Hall which resulted in an increase of $73,326; and WHEREAS, the total amount of change orders approved to date including this change order does exceed the originally awarded contract price by more than 20 percent; and WHEREAS, Change Order No. 3 has been reviewed and approved by the Borough Architect. NOW THEREFORE BE IT RESOLVED by the Mayor and Council of the Borough of River Edge that it does hereby authorize Change Order No. 3, a copy of which is attached hereto.  BE IT FURTHER RESOLVED that the Borough Administrator is hereby authorized to execute Change Order #3. BE IT FURTHER RESOLVED that this Change Order shall increase the final contract price from $240,475.10 to $313,801.10. BE IT FURTHER RESOLVED that notice of the change order shall be published as required by law. ******** #22-363 Approve the Appointment of a Junior Firefighter BE IT RESOLVED by the Governing Body of the Borough of River Edge that Christopher Porco be and he is hereby appointed as a Junior Firefighter in the River Edge Volunteer Fire Department effective January 4, 2023. ******** #22-364 Approve the Appointment of a Junior Firefighter BE IT RESOLVED by the Governing Body of the Borough of River Edge that Michael Porco be and he is hereby appointed as a Junior Firefighter in the River Edge Volunteer Fire Department effective January 4, 2023. ******** #22-365 Authorize Execution of Agreement – 2021 Municipal Park Improvement Program Batting Cages & Hockey Rink at Memorial Park Project BE IT RESOLVED, that the Mayor and Council of the Borough of River Edge wish to enter into a Bergen County Trust Fund Project Contract (“Contract”) with the County of Bergen for the purpose of using a $87,165 matching grant award from the 2021 Funding Round of the Bergen County Open Space, Recreation, Floodplain Protection, Farmland & Historic Preservation Trust Fund (“Trust Fund”) for the municipal park project entitled Batting Cages and Hockey Rink at Memorial Park, located in Block 305, Lot 7.07, on the tax maps of the of the Borough of River Edge; and BE IT FURTHER RESOLVED, that the Mayor and Council hereby authorize Mayor Thomas Papaleo to be a signatory to the aforesaid Contract; and BE IT FURTHER RESOLVED, that the Mayor and Council hereby acknowledge that, in general, the use of this Trust Fund grant towards this approved park project must be completed by or about August 24, 2024; and BE IT FURTHER RESOLVED, that the Mayor and Council acknowledge that the grant will be disbursed to the municipality as a reimbursement upon submittal of certified Trust Fund payment and project completion documents and municipal vouchers, invoices, proofs of payment, and other such documents as may be required by the County in accordance with the Trust Fund’s requirements; and BE IT FURTHER RESOLVED, that the Mayor and Council acknowledge that the grant disbursement to the municipality will be equivalent to fifty (50) percent of the eligible construction costs incurred (not to exceed total grant award) applied towards only the approved park improvements identified in the aforesaid Contract in accordance with the Trust Fund’s requirements. Professional Services Costs may be reimbursed from grant award’s unexpended balance, should there be a balance. ******** #22-366 Resolution Authorizing Budget Transfers for Calendar Year 2022 WHEREAS, certain appropriations were required and provided for during the calendar year 2022 and will require additional sums for expenditures to the end of 2022; and WHEREAS, other appropriations reflect that balances do exist as of the end of the year 2022; and WHEREAS, it is provided per N.J.S.A. 40A:4-58 that municipalities may make transfers from appropriations having excesses to those requiring additional sums. NOW, THEREFORE, BE IT RESOLVED, by the Governing Body of the Borough of River Edge that the list of transfers herein and below be and they are authorized to be made upon records of appropriations in the keeping of the CFO as per the amounts listed herein, provided this resolution is adopted by not less than 2/3 vote of the full membership of the Governing Body as required by Statute. IN: 2-01-26-305-101– Garbage & Trash Removal Multifamily - $22,000.00 2-01-26-305-300– Recycling Tax - $1,500.00 2-01-32-465-124 - Sanitation Landfill - $10,000.00 2-01-20-100-012 – Administration S&W - $900.00 2-01-20-110-011 – Mayor & Council S&W - $1.00 2-01-20-130-012 – Finance S&W - $3,500.00 2-01-25-255-012 – Fire S&W - $4,500.00 2-01-31-446-166 – River Edge Water - $6,000.00 Total $52,901.00 OUT: 2-01-26-290-011 – Public Works S&W - $46,901.00 2-01-26-310-187 – Cleaning Contract - $6,000.00 Total $52,901.00 ******** #22-367 Payment of Bills Council President Kaufman read resolution #22-367 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 January 4, 2023. BE IT RESOLVED, that the Mayor and Council of the Borough of River Edge approve the following expenditures.  CURRENT FUND $585,743.48 CAPITAL FUND $358,026.66 GRANT FUND $ 34,047.15 TRUST OTHER FUND $ 3,667.00 OPEN SPACE FUND $ 74.08 PAYROLL FUND $ 35,071.73 DEVELOPER’S ESCROW FUND $ 3,581.00 RECREATION TRUST FUND $ 36.54 Motion by Council President Kaufman, second by Councilman Chinigo, that Resolution #22-367 be approved. The vote was recorded as follows: Councilwoman Busteed: absent Councilwoman Kinsella: aye Councilman Chinigo: aye Councilwoman Malellari aye Council President Kaufman: aye Councilwoman Montisano-Koen: aye ******** PUBLIC COMMENTS – Motion by Councilman Chinigo, second by Council President Kaufman, and all members present voting in favor, to open public comments. Mayor Papaleo read into the record the following email submitted for public comment by Tim Conlon, 731 Elm Avenue: “Mayor and Council meeting November 28th, 2022. Question 1.- Item # 16, letter a, titled, "Old business". The words, Girls Softball Field. Is the construction of a girls softball field being considered to be constructed in Memorial Park again. Question 2 - Has anyone reached out to the Roosevelt School Superintendent for consideration of constructing snack stand and bathrooms off the Oak Ave area West of the North field, North of the South field empty lawn area. Thank you for your time in answering these questions.” Mayor Papaleo advised that the governing body is currently engaged in negotiations with the Board of Education regarding improvements to the softball fields located at Roosevelt School. He further advised that there are no plans to do anything in Memorial Park at this time. Motion by Councilwoman Kinsella, second by Councilwoman Malellari, and all members present voting in favor, to close public comment. COUNCIL COMMENTS – Members of the governing body wished everyone a Happy New Year. Councilwoman Montisano-Koen thanked the Library Board for hosting this meeting. ADJOURNMENT - There being no further business to come before the Mayor and Council, on a motion by Council President Kaufman, second by Councilman Chinigo, and unanimously carried, to adjourn this meeting. The meeting was adjourned 7:10 at p.m. Respectfully submitted, Anne Dodd, RMC Borough Clerk