Mayor & Council Special Meeting

MINUTES Mayor and Council Special Meeting Tuesday, September 5, 2023 7:00 P.M. CALL TO ORDER – A Special 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 who have suffered grievous loss due to weather whether it be loss of life, home, neighborhood, or good health. He then led those present in a 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 via the August 23, 2023 Sunshine Notice containing the time, date and access information 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: Lissette Aportela, Borough Administrator Thomas Sarlo, Esq., Borough Attorney PUBLIC COMMENT Motion by Council President Kaufman, second Councilman Chinigo, and all members present voting in favor, to open the floor to the public. No one came forward. There being no public comments, on a motion by Councilman Benson, second by Councilwoman Malellari, to close to the public. RESOLUTIONS - By Consent Mayor Papaleo noted that there is a resolution on the Consent Agenda to appoint a Traffic Engineer. He introduced Louis Luglio and requested that he speak to the services that will be provided to the Borough. Mr. Luglio advised that he has been a Transportation & Traffic Engineer for 34 years, noting that his specialty is mainly traffic flow and how to ease certain situations. He explained that has submitted a proposal to look at all the materials that the Board of Education has put together regarding the school reconfiguration including the findings of Mr. Klein as well as letters from the Police Chief. In addition, he advised that, now that school is back in session, he will be conducting a visual observation of what is currently taking place. Should the governing body wish to proceed, he advised that the second component is to conduct a more in-depth, detailed observation both in the morning and afternoon. He advised that he is proposing to keep these two components separate so that he can put together his understanding of all the information and then devise a conceptual idea of what could work or what may have limitations. Mayor Papaleo commented that, while the governing body has no authority over the Board of Education, they have an obligation to make the reconfiguration, which was approved to go into effect next year, as safe as possible. Although he noted that it is not being implied that anything done prior was done incorrectly, he explained that, due to the controversy surrounding this issue, a third party review has been sought. Mr. Luglio confirmed that, although there is no application or approval from the governing body that is needed to reconfigure, public streets and crosswalks fall under the Mayor and Council’s purview. He stated that his main goal is to be independent, review all documents, and suggest ideas that meet industry standards. a. #23-254 Appoint Traffic Engineer – Dynamic Traffic, LLC b. #23-255 Authorize Receipt of Bids – River Edge Police Department Roof Replacement c. #23-256 Resolution Granting Exception to Noise Ordinance to H&S Construction &Mechanical, Inc. for the Borough Hall Addition & Alterations Project d. #23-257 Authorize Temporary Shared Service Agreement – County of Bergen – Tree Removal Services Motion by Councilman Chinigo, second by Council President Kaufman, that the Consent Agenda be approved. 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 ******** #23-254 Appoint Traffic Engineer – Dynamic Traffic, LLC WHEREAS, the Mayor and Council has resolved to award a professional services contract for the position of Traffic Engineer through a non-competitive process pursuant to N.J.S.A. 19:44A-20.5; and WHEREAS, the Borough’s Chief Financial Officer has determined and certified in writing that the anticipated payments under said contract for 2023 may not exceed $18,000; and  WHEREAS, the Local Public Contracts Law (N.J.S.A. 40A:11-5) authorizes the execution of such a professional services contract without competitive bidding; and WHEREAS, Louis Luglio, PE of Dynamic Traffic, LLC has submitted a proposed contract and has completed and submitted a Business Entity Disclosure Certification which certifies that he and his engineering firm have not made any contributions to any political or candidate committee in the Borough of River Edge in the previous one year that would render him ineligible to be awarded this contract, and that the proposed contract prohibits him and his engineering firm from making any such reportable contributions through the term of the contract; and WHEREAS, the Chief Financial Officer has certified that funds are available and said certification is attached to the original of this resolution. NOW THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of River Edge, that the appointment of Dynamic Traffic, LLC to serve as Traffic Engineer is hereby confirmed, and the Mayor and Borough Clerk are authorized to sign the proposed contract submitted by the Traffic Engineer; and BE IT FURTHER RESOLVED that the Business Entity Disclosure and the Determination of Value be placed on file with this Resolution. BE IT FINALLY RESOLVED, that in accordance with NJSA 40A:11-5 (1)(a)(i) the Borough Clerk shall publish a notice of award of this professional services contract stating the nature, duration, service and amount of the contract, and that the resolution and contract are on file and available for public inspection in the Office of the Borough Clerk in the Record. ******** #23-255 Authorize Receipt of Bids – River Edge Police Department Roof Replacement BE IT RESOLVED, by the Mayor and Council of the Borough of River Edge, that the Borough Clerk is hereby authorized to advertise for the receipt of bids for the River Edge Police Department Roof Replacement; and BE IT FURTHER RESOLVED that said bids shall be received at 11:00 AM. on Wednesday, October 4, 2023, at the lower level (Municipal Courtroom) of the Public Safety Building located at 705A Kinderkamack Road, River Edge, NJ 07661 at which time and place bids will be opened and read aloud; and BE IT FINALLY RESOLVED that said advertisement shall be published in the Friday, September 8, 2023, issue of the Record in accordance with the Local Public Contracts Law. ******** #23-256 Resolution Granting Exception to Noise Ordinance to H & S Construction & Mechanical, Inc. for the Borough Hall Addition & Alterations Project WHEREAS, Section 296 of the Borough Code prohibits loud, disturbing and unnecessary noise including the carrying on of excavation, demolition, construction, repair or alteration work other than between the hours of 8:00 a.m. and 8:00 p.m.; and  WHEREAS, H & S Construction & Mechanical, Inc. was awarded the contract for the River Edge Borough Hall Addition and Alterations Project on August 14, 2023 via resolution #23-240 and has requested an exemption from the Borough’s noise ordinance, Section 296 of the Borough Code; and WHEREAS, it’s in the best interest of the Borough to grant the exception from the Borough’s noise ordinance, Section 296 of the Borough Code. NOW, THEREFORE, BE IT RESOLVED that the Borough of River Edge has hereby granted H & S Construction & Mechanical, Inc an exception to the noise ordinance, Section 296, and be permitted to commence work at 7:00 a.m. on weekdays for the Borough Hall Addition & Alterations Project. ******** #23-257 Authorize Temporary Shared Service Agreement – County of Bergen – Tree Removal Services WHEREAS, the Borough of River Edge (“Borough”) is in need of tree removal services along County roads; and WHEREAS, the County of Bergen (“County”) cooperates with local municipalities in removing dead or dying trees located within the public right of way along County roads; and WHEREAS, the County requires that the attached Temporary Shared Services Agreement be entered into for the removal of dead or dying trees under the County tree program once a written request has been made by the Borough and the County determines that the requested tree falls within its removal criteria. NOW, THEREFORE, BE IT RESOLVED that the Mayor and Clerk are hereby authorized to execute said agreement. COUNCIL COMMENTS – There were no Council Comments. CLOSED SESSION – Mayor Papaleo read into the record Resolution #23-258 #23-258 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 September 5, 2023, special meeting and discussion of the hereinafter specified subject matter: A. Attorney-Client Privilege – N.J.S.A. 10:4-12(b)(7) 1. Potential Litigation RE: Curb Replacement and Raised Sidewalks  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. There being no further business to come before the governing body, on a motion from Councilwoman Kinsella, seconded by Councilwoman Montisano-Koen, and all present voting in favor, the meeting was adjourned to the Closed Session at 7:11 p.m. ADJOURNMENT – There being no further business to come before the Mayor and Council, on a motion by Councilman Benson, second by Councilman Chinigo, and unanimously carried, to adjourn this meeting. The meeting was adjourned at 7:11 p.m. Respectfully submitted, Anne Dodd, RMC Borough Clerk